§ 620d. — Monitoring and enforcement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC620d]
TITLE 16--CONSERVATION
CHAPTER 4--PROTECTION OF TIMBER, AND DEPREDATIONS
Sec. 620d. Monitoring and enforcement
(a) Monitoring and reports
In accordance with regulations issued under this section--
(1) each person who acquires, either directly or indirectly,
unprocessed timber originating from Federal lands west of the 100th
meridian in the contiguous 48 States shall report the receipt and
disposition of such timber to the Secretary concerned, in such form
as such Secretary may by rule prescribe; except that nothing in this
paragraph shall be construed to hold any person responsible for the
reporting of the disposition of any such timber held by subsequent
persons;
(2) each person who transfers to another person unprocessed
timber originating from Federal lands west of the 100th meridian in
the contiguous 48 States shall, before completing such transfer--
(A) provide to such other person a written notice, in such
form as the Secretary concerned may prescribe, which shall
identify the Federal origin of such timber;
(B) receive from such other person a written acknowledgment
of such notice and a written agreement that such other person
will comply with the requirements of sections 620 to 620j of
this title, in such form as the Secretary concerned may
prescribe; and
(C) provide to the Secretary concerned copies of all
notices, acknowledgments, and agreements referred to in
subparagraphs (A) and (B);
(3) each person who acquires, either directly or indirectly,
unprocessed timber originating from public lands in a State that is
subject to an order issued by the Secretary of Commerce under
section 620c(a) of this title, other than a State that is
administering and enforcing a program under section 620c(d) of this
title, shall report the receipt and disposition of the timber to the
Secretary of Commerce, in such form as the Secretary may by rule
prescribe, except that nothing in this paragraph shall be construed
to hold any person responsible for reporting the disposition of any
timber held by subsequent persons; and
(4) each person who transfers to another person unprocessed
timber originating from public lands in a State that is subject to
an order issued by the Secretary of Commerce under section 620c(a)
of this title, other than a State that is administering and
enforcing a program under section 620c(d) of this title, shall,
before completing the transfer--
(A) provide to such other person a written notice, in such
form as the Secretary of Commerce may prescribe, that shall
identify the public lands from which the timber originated; and
(B) receive from such other person--
(i) a written acknowledgment of the notice, and
(ii) a written agreement that the recipient of the
timber will comply with the requirements of sections 620 to
620j of this title,
in such form as the Secretary of Commerce may prescribe; and
(C) provide to the Secretary of Commerce copies of all
notices, acknowledgments, and agreements referred to in
subparagraphs (A) and (B).
(b) Report to Congress
Using the information gathered under subsection (a) of this section,
the Secretaries of Agriculture and Interior shall, not later than June
1, 1995, submit to the Congress a report on the disposition of
unprocessed timber harvested from Federal lands west of the 100th
meridian in the contiguous 48 States, and recommendations concerning the
practice of indirect substitution of such timber for exported timber
harvested from private lands. Specifically, such report shall--
(1) analyze the effects of indirect substitution on market
efficiency;
(2) analyze the effects of indirect substitution on domestic log
supply;
(3) offer any recommendations that the Secretaries consider
necessary for specific statutory or regulatory changes regarding
indirect substitution;
(4) provide summaries of the data collected;
(5) analyze the effects of the provisions of section
620b(b)(2)(C) of this title; and
(6) provide such other information as the Secretaries consider
appropriate.
(c) Civil penalties for violation
(1) Exports
(A) If the Secretary concerned finds, on the record and after an
opportunity for a hearing, that a person, with willful disregard for
the prohibition contained in sections 620 to 620j of this title
against exporting Federal timber, exported or caused to be exported
unprocessed timber originating from Federal lands in violation of
sections 620 to 620j of this title, such Secretary may assess
against such person a civil penalty of not more than $500,000 for
each violation, or 3 times the gross value of the unprocessed timber
involved in the violation, whichever amount is greater.
(B)(i) Subject to clause (ii), if the Secretary of Commerce
finds, on the record and after an opportunity for a hearing, that a
person, with willful disregard for the restrictions contained in an
order of the Secretary under section 620c(a) of this title on
exports of unprocessed timber from public lands, exported or caused
to be exported unprocessed timber originating from public lands in
violation of such order, the Secretary may assess against such
person a civil penalty of not more than $500,000 for each violation,
or 3 times the gross value of the unprocessed timber involved in the
violation, whichever amount is greater.
(ii) Clause (i) shall not apply with respect to exports of
unprocessed timber originating from public lands in a State that is
administering and enforcing a program under section 620c(d) of this
title.
(2) Other violations
(A) If the Secretary concerned finds, on the record and after an
opportunity for a hearing, that a person has violated any provision
of sections 620 to 620j of this title or any regulation issued under
sections 620 to 620j of this title relating to lands which they
administer (notwithstanding that such violation may not have caused
the export of unprocessed Federal timber in violation of sections
620 to 620j of this title), such Secretary may--
(i) assess against such person a civil penalty of not more
than $75,000 for each violation if the Secretary determines that
the person committed such violation in disregard of such
provision or regulation;
(ii) assess against such person a civil penalty of not more
than $50,000 for each violation if the Secretary determines that
the person should have known that the action constituted a
violation; or
(iii) assess against such person a civil penalty of not more
than $500,000 if the Secretary determines that the person
committed such violation willfully.
(B)(i) Subject to clause (ii), if the Secretary of Commerce
finds, on the record and after an opportunity for a hearing, that a
person has violated, on or after June 1, 1993, any provision of
sections 620 to 620j of this title or any regulation issued under
sections 620 to 620j of this title relating to the export of
unprocessed timber originating from public lands (whether or not the
violation caused the export of unprocessed timber from public lands
in violation of sections 620 to 620j of this title), the Secretary
may assess against such person a civil penalty to the same extent as
the Secretary concerned may impose a penalty under clause (i), (ii),
or (iii) of subparagraph (A).
(ii) Clause (i) shall not apply with respect to unprocessed
timber originating from public lands in a State that is
administering and enforcing a program under section 620c(d) of this
title.
(C) Mitigation of penalties.--
(i) In general.--The Secretary concerned--
(I) in determining the applicability of any penalty
imposed under this paragraph, shall take into account all
relevant mitigating factors, including mistake,
inadvertence, and error; and
(II) based on any mitigating factor, may, with respect
to any penalty imposed under this paragraph--
(aa) reduce the penalty;
(bb) not impose the penalty; or
(cc) on condition of there being no further
violation under this paragraph for a prescribed period,
suspend imposition of the penalty.
(ii) Contractural remedies.--In the case of a minor
violation of sections 620 to 620j of this title (including a
regulation), the Secretary concerned shall, to the maximum
extent practicable, permit a contracting officer to redress the
violation in accordance with the applicable timber sale contract
rather than assess a penalty under this paragraph.
(3) Penalties not exclusive; judicial review
A penalty assessed under this subsection shall not be exclusive
of any other penalty provided by law and shall be subject to review
in an appropriate United States district court.
(d) Administrative remedies
(1) Debarment
(A) In general
Subject to subparagraph (B), the head of the appropriate
Federal department or agency under sections 620 to 620j of this
title may debar any person who violates sections 620 to 620j of
this title, or any regulation or contract issued under sections
620 to 620j of this title, from entering into any contract for
the purchase of unprocessed timber from Federal lands for a
period of not more than 5 years. Such person shall also be
precluded from taking delivery of Federal timber purchased by
another party for the period of debarment.
(B) Prerequisites for debarment
(i) In general
No person may be debarred from bidding for or entering
into a contract for the purchase of unprocessed timber from
Federal lands under subparagraph (A) unless the head of the
appropriate Federal department or agency first finds, on the
record and after an opportunity for a hearing, that
debarment is warranted.
(ii) Withholding of awards during debarment
proceedings
The head of an appropriate Federal department or agency
may withhold an award under sections 620 to 620j of this
title of a contract for the purchase of unprocessed timber
from Federal lands during a debarment proceeding.
(2) Cancellation of contracts
The head of the appropriate Federal department or agency under
sections 620 to 620j of this title may cancel any contract entered
into with a person found to have violated sections 620 to 620j of
this title or regulations issued under sections 620 to 620j of this
title.
(e) Exception
Subsections (c) and (d) of this section do not apply to violations
of section 620i of this title.
(Pub. L. 101-382, title IV, Sec. 492, Aug. 20, 1990, 104 Stat. 722; Pub.
L. 103-45, Sec. 3, July 1, 1993, 107 Stat. 226; Pub. L. 105-83, title
VI, Sec. 603, Nov. 14, 1997, 111 Stat. 1620.)
Amendments
1997--Subsec. (c)(2)(C). Pub. L. 105-83, Sec. 603(1), added subpar.
(C).
Subsec. (d)(1). Pub. L. 105-83, Sec. 603(2), inserted subpar. (A)
designation and heading, substituted ``Subject to subparagraph (B), the
head'' for ``The head'', and added subpar. (B).
1993--Subsec. (a)(3), (4). Pub. L. 103-45, Sec. 3(a), added pars.
(3) and (4).
Subsec. (c)(1). Pub. L. 103-45, Sec. 3(b)(1), designated existing
provisions as subpar. (A) and added subpar. (B).
Subsec. (c)(2). Pub. L. 103-45, Sec. 3(b)(2), designated existing
provisions as subpar. (A), redesignated former subpars. (A) to (C) as
cls. (i) to (iii) of subpar. (A), and added subpar. (B).
Section Referred to in Other Sections
This section is referred to in section 620f of this title.
