; and (ii) for which there is no current domestic market. ; and (3) by adding at the end the following: (c) Exemption for unprocessed surplus timber of dead and dying trees in the State of California (1) Definitions In this subsection: (A) Dead The term dead , with respect to a tree, means that the tree is designated by a registered professional forester or a designee of the Secretary concerned as dead. (B) Dying The term dying , with respect to a tree, means that— (i) (I) 50 percent or greater of the foliage-bearing crown of the tree is dead or fading in color (other than through normal autumn coloration changes) from a normal green to a yellow, sorrel, or brown; (II) successful bark beetle attacks are exhibited on the tree, with indications of dead cambium and brood development distributed around the circumference of the bole of the tree; or (III) 50 percent or greater of the circumference of the lower bole of the tree is girdled by wildlife; or (ii) the tree is designated by a registered professional forester or a designee of the Secretary concerned as likely to die within 1 year. (C) State The term State means the State of California. (2) Application of prohibition Subject to paragraph (3), the prohibition under subsection (a) shall not apply to unprocessed surplus timber originating from a dead or dying tree on Federal land in the State. (3) Determination of surplus species (A) In general Not later than 60 days after the date of enactment of the Emergency Wildfire and Public Safety Act of 2020 , and each year thereafter, the Secretary concerned shall issue a list establishing which species and sizes of trees are considered to be surplus for purposes of paragraph (2). (B) Implementation Except with respect to the first list issued under subparagraph (A), the Secretary concerned shall implement and administer this paragraph in accordance with— (i) the rulemaking and notice and comment provisions of section 553 of title 5, United States Code