16 U.S.C. § 620d : US Code - Section 620D: Monitoring and enforcement

Search 16 U.S.C. § 620d : US Code - Section 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.