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16 U.S.C. § 620d — Monitoring and enforcement
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section620c/a&num=0&edition=prelim), other than a State that is administering and enforcing a program under [section 620c(d) of this title](https://uscode.house.gov/view.xhtml?req=granul
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Source file: Laws/federal/codes/united-states-code/title-16/section-620d-monitoring-and-enforcement--18b72ef6ab.md
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Source location: Title 16, Chapter 4, § 620d; chapter-004-protection-of-timber-and-depredations.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section620c/a&num=0&edition=prelim), other than a State that is administering and enforcing a program under [section 620c(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section620c/d&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section620c/a&num=0&edition=prelim), other than a State that is administering and enforcing a program under [section 620c(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section620c/d&num=0&edition=prelim), 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), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section620b/b/2/C&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section620c/a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section620c/d&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section620c/d&num=0&edition=prelim).
(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 11 So in original. Probably should be “Contractual”. 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) do not apply to violations of [section 620i of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section620i&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Study** The Secretary of Commerce, in conjunction with the Secretary of Agriculture and the Secretary of the Interior, shall conduct a study of the export from the United States, during the 2-year period beginning on January 1, 1991, of unprocessed hardwood timber harvested from Federal lands or public lands east of the 100th meridian. In order to carry out the provisions of this section—
(1) the Secretary of Commerce shall require each person exporting such timber from the United States to declare, in addition to the information normally required in the Shipper’s Export Declarations, the State in which the timber was grown and harvested; and
(2) the Secretary of Agriculture and the Secretary of the Interior shall ensure that all hardwood saw timber harvested from Federal lands east of the 100th meridian is marked in such a manner as to make it readily identifiable at all times before its manufacture, and shall take such steps as each Secretary considers appropriate to ensure that such markings are not altered or destroyed before manufacturing.
**(b) Report to Congress** Not later than April 1, 1993, the Secretary of Commerce shall submit to the Committees on Agriculture, Natural Resources, and Foreign Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report describing the volume and value of unprocessed timber grown and harvested from Federal lands or public lands east of the 100th meridian that is exported from the United States during the 2-year period beginning on January 1, 1991, the country to which such timber is exported, and the State in which such timber was grown and harvested.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 620i
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Order to prohibit export of unprocessed timber originating from State or other public lands** Except as provided in subsection (g), the Secretary of Commerce shall issue orders to prohibit the export from the United States of unprocessed timber originating from public lands, as provided in subsection (b).
**(b) Schedule for determination to prohibit export of unprocessed timber originating from State or other public lands**
(1) **States with annual sales of 400,000,000 board feet or less** — With respect to States with annual sales volumes of 400,000,000 board feet or less, the Secretary of Commerce shall issue an order referred to in subsection (a) to prohibit, notwithstanding any other provision of law, the export of unprocessed timber originating from public lands, effective June 1, 1993.
(2) **States with annual sales of greater than 400,000,000 board feet** — With respect to any State with an annual sales volume greater than 400,000,000 board feet, the Secretary of Commerce shall issue an order referred to in subsection (a) to prohibit, notwithstanding any other provision of law, the export of unprocessed timber originating from public lands, effective as of November 14, 1997.
(3) **Prohibition on substitution**
(A) *Prohibition* — Subject to subparagraph (B), each order of the Secretary of Commerce under paragraph (1) or (2) shall also prohibit, notwithstanding any other provision of law, any person from purchasing, directly or indirectly, unprocessed timber originating from public lands in a State if—
(i) such unprocessed timber would be used in substitution for exported unprocessed timber originating from private lands in that State; or
(ii) such person has, during the preceding 24-month period, exported unprocessed timber originating from
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 620c
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Federal law — U.S. Code and appendices · legal_authorities
Page 1144
TITLE 16—CONSERVATION
§ 620d
and struck out former subpars. (B) and (C). Prior to
amendment, former subpars. (A) to (C) read as follows:
‘‘(A) The Secretary of Commerce shall issue an order
referred to in subsection (a) of this section not later
than 21 days after August 20, 1990. Such order shall
cover a period beginning 120 days after the issuance of
such an order, or January 1, 1991, whichever is earlier,
and shall extend to December 31, 1991. Such order shall
prohibit the export of 75 percent of the annual sales
volume in such State of unprocessed timber from pub-
lic lands.
‘‘(B) For the period beginning on January 1, 1992, and
ending on December 31, 1993, the Secretary of Com-
merce shall, after notice and an opportunity for a hear-
ing, issue an order referred to in subsection (a) of this
section not later than September 30, 1991. Such order
shall prohibit the export of at least 75 percent of such
State’s annual sales volume for this 2-year period.
‘‘(C) For the period beginning on January 1, 1994, and
ending on December 31, 1995, the Secretary of Com-
merce shall, after notice and an opportunity for a hear-
ing, issue an order referred to in subsection (a) of this
section not later than September 30, 1993. Such order
shall prohibit the export of at least 75 percent of such
State’s annual sales volume for this 2-year period.’’
Subsec. (b)(3), (4). Pub. L. 103–45, § 2(2)(C), (D), added
par. (3), redesignated former par. (3) as (4), and sub-
stituted ‘‘the Secretary of Commerce pursuant to sec-
tions 620 to 620j of this title and the effectiveness of
State programs authorized under subsection (d)’’ for
‘‘States pursuant to sections 620 to 620j of this title’’.
Subsecs. (c) to (l). Pub. L. 103–45, § 2(3), (4), added sub-
secs. (c) t
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 620d
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