§ 620d. Monitoring and enforcement

Footnotes

1. 1 So in original. Probably should be “Contractual”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1990

   Forest Resources Conservation and Shortage Relief Act of 1990

   Pub. L. 101–382 title IV § 492 · 104 Stat. 629

   Enacted · 16 U.S.C. § 620d

   Pub. L. 101–382, title IV, § 492, Aug. 20, 1990, 104 Stat. 722

   Source evidence

   Code source credit
   Pub. L. 101–382, title IV, § 492, Aug. 20, 1990, 104 Stat. 722

   Enacted provision · exact public law section
   SEC. 492. 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; and (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 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). (b) Report to Congress.— Using the information gathered under subsection (a), 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 490(b)(2)(C); and (6) provide such other information as the Secretaries consider appropriate. (c) Civil Penalties for Violation.— (1) Exports.— 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 this title against exporting Federal timber, exported or caused to be exported unprocessed timber originating from Federal lands in violation 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. (2) Other violations.— If the Secretary concerned finds, on the record and after an opportunity for a hearing, that a person has violated any provision of this title or any regulation issued under this title relating to lands which they administer (not-withstanding that such violation may not have caused the export of unprocessed Federal timber in violation of this title), such Secretary may— (A) 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; (B) 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 (C) assess against such person a civil penalty of not more than $500,000 if the Secretary determines that the person committed such violation willfully. (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.— The head of the appropriate Federal department or agency under this title may debar any person who violates this title, or any regulation or contract issued under 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. (2) Cancellation of contracts.— The head of the appropriate Federal department or agency under this title may cancel any contract entered into with a person found to have violated this title or regulations issued under this title. (e) Exception.— Subsections (c) and (d) do not apply to violations of section 498.

2. 1993

   Pub. L. 103–45 § 3(a) · 107 Stat. 223

   Added · 16 U.S.C. § 620d(a)(3); 16 U.S.C. § 620d(a)(4)

   Pub. L. 103–45, § 3(a), added pars. (3) and (4)

   Source evidence

   Code amendment note
   Subsec. (a)(3), (4). Pub. L. 103–45, § 3(a), added pars. (3) and (4).

   Enacted provision · exact public law section
   (a) Monitoring.— Section 492(a) of the Forest Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620d(a)) is amended— (1) in paragraph (1), by striking “and” at the end of the paragraph; (2) in paragraph (2), by striking the period at the end of the paragraph and inserting a semicolon; and (3) by adding at the end the following new paragraphs: “(3) each person who acquires, either directly or indirectly, Reports. unprocessed timber originating from public lands in a State that is subject to an order issued by the Secretary of Commerce under section 491(a), other than a State that is administering and enforcing a program under section 491(d), 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 491(a), other than a State that is administering and enforcing a program under section 491(d), 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 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).”.

3. 1993

   Pub. L. 103–45 § 3(b)(1) · 107 Stat. 223

   1. Amended · 16 U.S.C. § 620d(c)(1)

      Pub. L. 103–45, § 3(b)(1), designated existing provisions as subpar. (A)

   2. Added · 16 U.S.C. § 620d(c)(1)

      Pub. L. 103–45, § 3(b)(1), added subpar. (B)

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 103–45, § 3(b)(1), designated existing provisions as subpar. (A) and added subpar. (B).

   Enacted provision · exact public law section
   (1) in paragraph (1)— (A) by inserting “(A)” before “If the Secretary”; and (B) by adding at the end the following: “(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 m an order of the Secretary under section 491(a) 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 491(d).”; and

4. 1993

   Pub. L. 103–45 § 3(b)(2) · 107 Stat. 223

   1. Amended · 16 U.S.C. § 620d(c)(2)

      Pub. L. 103–45, § 3(b)(2), designated existing provisions as subpar. (A)

   2. Redesignated · 16 U.S.C. § 620d(c)(2)

      Pub. L. 103–45, § 3(b)(2), redesignated former subpars. (A) to (C) as cls. (i) to (iii) of subpar. (A)

   3. Added · 16 U.S.C. § 620d(c)(2)

      Pub. L. 103–45, § 3(b)(2), added subpar. (B)

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 103–45, § 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).

   Enacted provision · exact public law section
   (2) in paragraph (2)— (A) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively; (B) by inserting “(A)” before “If the Secretary”; and (C) by adding at the end the following: “(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 this title or any regulation issued under 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 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 491(d).”.

5. 1997

   Pub. L. 105–83 § 603(1) · 111 Stat. 1543

   Added · 16 U.S.C. § 620d(c)(2)(C)

   Pub. L. 105–83, § 603(1), added subpar. (C)

   Source evidence

   Code amendment note
   Subsec. (c)(2)(C). Pub. L. 105–83, § 603(1), added subpar. (C).

   Enacted provision · exact public law section
   (1) in subsection (c)(2), by adding at the end the following: “(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 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.”; and

6. 1997

   Pub. L. 105–83 § 603(2) · 111 Stat. 1543

   1. Inserted · 16 U.S.C. § 620d(d)(1)

      Pub. L. 105–83, § 603(2), inserted subpar. (A) designation and heading

   2. Substituted · 16 U.S.C. § 620d(d)(1)

      Pub. L. 105–83, § 603(2), substituted “Subject to subparagraph (B), the head” for “The head”

   3. Added · 16 U.S.C. § 620d(d)(1)

      Pub. L. 105–83, § 603(2), added subpar. (B)

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 105–83, § 603(2), inserted subpar. (A) designation and heading, substituted “Subject to subparagraph (B), the head” for “The head”, and added subpar. (B).

   Enacted provision · exact public law section
   (2) in subsection (d)(1)— (A) by striking “The head” and inserting the following: “(A) In general.— Subject to subparagraph (B), the head”; and (B) by adding at the end the following: “(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 this title of a contract for the purchase of unprocessed timber from Federal lands during a debarment proceeding.”.

11 of 11 references resolved to an enrolled provision