Sec. 495. REGULATIONS AND REVIEW
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## SEC. 495 REGULATIONS AND REVIEW **[**[16 U.S.C. 620f](/us/usc/t16/s620f)**]** ###
(a)Regulations ####
(1)Agriculture and interior The Secretaries of Agriculture and Interior shall, in consultation, each prescribe new coordinated and consistent regulations to implement this title on lands which they administer. ####
(2)Commerce The Secretary of Commerce shall promulgate such rules and guidelines as may be necessary to carry out this title. ####
(3)Deadline #####
(A)In general Except as otherwise provided in this title, regulations and guidelines required under this subsection shall be issued not later than June 1, 1998. #####
(B)The regulations and guidelines issued under this title that were in effect prior to September 8, 19951 shall remain in effect until new regulations and guidelines are issued under subparagraph (A). 1A comma should appear after “1995” in section 495(a)(3)(B). ####
(4)Painting and branding #####
(A)In general The Secretary concerned shall issue regulations that impose reasonable painting, branding, or other forms of marking or tracking requirements on unprocessed timber if— ######
(i)the benefits of the requirements outweigh the cost of complying with the requirements; and ######
(ii)the Secretary determines that, without the requirements, it is likely that the unprocessed timber— ######
(I)would be exported in violation of this title; or ######
(II)if the unprocessed timber originated from Federal lands, would be substituted for unprocessed timber originating from private lands west of the 100th Meridian in the contiguous 48 States in violation of this title. #####
(B)Minimum size The Secretary concerned shall not impose painting, branding, or other forms of marking or tracking requirements on— ######
(i)the face of a log that is less than 7 inches in diameter; or ######
(ii)unprocessed timber that is less than 8 feet in length or less than ⅓ sound wood. #####
(C)Waivers ######
(i)In general The Secretary concerned may waive log painting and branding requirements— ######
(I)for a geographic area, if the Secretary determines that the risk of the unprocessed timber being exported from the area or used in substitution is low; ######
(II)with respect to unprocessed timber originating from private lands located within an approved sourcing area for a person who certifies that the timber will be processed at a specific domestic processing facility to the extent that the processing does occur; or ######
(III)as part of a log yard agreement that is consistent with the purposes of the export and substitution restrictions imposed under this title. ######
(ii)Review and termination of waivers A waiver granted under clause (i)— ######
(I)shall, to the maximum extent practicable, be reviewed once a year; and ######
(II)shall remain effective until terminated by the Secretary. #####
(D)Factors In making a determination under this paragraph, the Secretary concerned shall consider— ######
(i)the risk of unprocessed timber of that species, grade, and size being exported or used in substitution; ######
(ii)the location of the unprocessed timber and the effect of the location on its being exported or used in substitution; ######
(iii)the history of the person involved with respect to compliance with log painting and branding requirements; and ######
(iv)any other factor that is relevant to determining the likelihood of the unprocessed timber being exported or used in substitution. ####
(5)Reporting #####
(A)In general Subject to subparagraph (B), the Secretary concerned shall issue regulations that impose reasonable documentation and reporting requirements if the benefits of the requirements outweigh the cost of complying with the requirements. #####
(B)Waivers ######
(i)In general The Secretary concerned may waive documentation and reporting requirements for a person if— ######
(I)an audit of the records of the facility of the person reveals substantial compliance with all notice, reporting, painting, and branding requirements during the preceding year; or ######
(II)the person transferring the unprocessed timber and the person processing the unprocessed timber enter into an advance agreement with the Secretary concerned regarding the disposition of the unprocessed timber by domestic processing. ######
(ii)Review and termination of waivers A waiver granted under clause (i)— ######
(I)shall, to the maximum extent practicable, be reviewed once a year; and ######
(II)shall remain effective until terminated by the Secretary. ###
(b)Review The Secretaries of Agriculture and Interior shall, in consultation, review the definition of unprocessed timber under section 493(7) for purposes of this title and, not later than 18 months after the date of the enactment of this Act, submit to the Congress any recommendations they have with respect to such definition. Specifically, the Secretaries shall report on the effects of maintaining 2 size standards under section 493(B)
(ii)and (iii).
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Sec. 495
REGULATIONS AND REVIEW
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