§223.196. Civil penalties for violation.
36 C.F.R. § 223.196
Exporting Federal timber. If the Secretary of Agriculture finds, on the record and after providing an opportunity for a hearing, that a person, with willful disregard for the prohibition in the Act exporting unprocessed Federal timber, exported or caused to be exported unprocessed timber originating from Federal lands in violation of the Act, 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.
Other violations. If the Secretary of Agriculture finds, on the record and after providing an opportunity for a hearing, that a person has violated any provision of the Act, or any regulation issued under the Act relating to National Forest System lands, even though that the violation may not have caused the export of unprocessed Federal timber in violation of such Act, the Secretary may:
Assess against such person a civil penalty of not more than $500,000, if the Secretary determines that the person committed such violation willfully;
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; or
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.
Penalties not exclusive and judicial review. A penalty assessed under paragraph (a) or (b) of this section shall not be exclusive of any other penalty provided by law, and shall be subject to review in an appropriate United States district court.
Notes, amendments, and revision history
Source
Source: 60 FR 46922, Sept. 8, 1995, unless otherwise noted.
Authority
Authority: 90 Stat. 2958, 16 U.S.C. 472a; 98 Stat. 2213, 16 U.S.C. 618, 104 Stat. 714-726, 16 U.S.C. 620-620j, 25 U.S.C. 3055 and 3057, 113 Stat. 1501a, 16 U.S.C. 528 note; unless otherwise noted. Link to an amendment published at 73 FR 79386, Dec. 29, 2008. This amendment was delayed until Mar. 30, 2009 at 74 FR 5107, Jan. 29, 2009. This amendment was further delayed until May 29, 2009 at 74 FR 14049, Mar. 30, 2009. This amendment was delayed indefinitely at 74 FR 26091, June 1, 2009.
Source
Source: 42 FR 28252, June 2, 1977, unless otherwise noted. Redesignated at 49 FR 2760, Jan. 23, 1984.