PUBLIC LAW 105-83 —NOV. 14, 1997 111 STAT. 1623 "(ii) unprocessed timber that is less than 8 feet in length or less than Vs 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 Regulations. 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.
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