In September 1980 the Alaska Department of Natural Resources published notice of a sale of approximately 49 million board-feet of timber near Icy Cape, Alaska, scheduled for October 23, 1980. The notice, prospectus, and proposed contract all required primary manufacture of the timber within Alaska before export under 11 Alaska Admin. Code § 76.130 (1974). Primary manufacture meant converting logs into cants slabbed on at least one side and either sawed to a maximum thickness of 12 inches or squared on four sides along their entire length. The State imposed the condition by contract and charged a significantly lower price for the timber.
South-Central Timber Development, Inc., an Alaska corporation, purchases standing timber, logs it, and ships unprocessed logs almost exclusively to Japan. The company does not operate a mill in Alaska and customarily sells unprocessed logs. When it learned that the primary-manufacture requirement would apply to the Icy Cape sale, South-Central filed suit in federal district court seeking an injunction.
The district court agreed that the requirement violated the Commerce Clause and issued an injunction. The Court of Appeals for the Ninth Circuit reversed, concluding that federal policy on timber from federal lands in Alaska supplied implicit congressional authorization for the state requirement. The Supreme Court granted certiorari.
Since 1928 the Secretary of Agriculture has restricted export of unprocessed timber from National Forest lands in Alaska. The current regulation, 36 CFR § 223.10(c) (1983), prohibits shipment of unprocessed timber from those lands to other states or foreign countries without prior approval of the Regional Forester to ensure development of wood-processing capacity in Alaska. Congress has also imposed a series of annual riders to appropriation Acts creating export limitations on unprocessed timber from western federal lands, including complete bans on foreign exports except from Alaska.
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