---
kind: "section"
citation: "16 U.S.C. § 620d"
title: "16"
title_heading: "Conservation"
number: "620d"
heading: "Monitoring and enforcement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/620d"
units:
  - "Chapter 4 — Protection of Timber, and Depredations"
---

# §620d. Monitoring and enforcement

- (a) **Monitoring and reports—** In accordance with regulations issued under this section—
  - (1) each [person](/usc/16/450rr–1.md?p=b) who [acquires](/usc/16/620e.md?p=1), either directly or indirectly, [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [Federal lands](/usc/16/620e.md?p=2) west of the 100th meridian in the contiguous 48 [States](/usc/16/544.md?p=r) shall report the receipt and disposition of such timber to the [Secretary concerned](/usc/16/620e.md?p=8), in such form as such [Secretary](/usc/16/410r–5.md?p=c-1) may by rule prescribe; except that nothing in this paragraph shall be construed to hold any [person](/usc/16/450rr–1.md?p=b) responsible for the reporting of the disposition of any such timber held by subsequent [persons](/usc/16/450rr–1.md?p=b);
  - (2) each [person](/usc/16/450rr–1.md?p=b) who transfers to another [person](/usc/16/450rr–1.md?p=b) [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [Federal lands](/usc/16/620e.md?p=2) west of the 100th meridian in the contiguous 48 [States](/usc/16/544.md?p=r) shall, before completing such transfer—
    - (A) provide to such other [person](/usc/16/450rr–1.md?p=b) a written notice, in such form as the [Secretary concerned](/usc/16/620e.md?p=8) may prescribe, which shall identify the Federal origin of such timber;
    - (B) receive from such other [person](/usc/16/450rr–1.md?p=b) a written acknowledgment of such notice and a written agreement that such other [person](/usc/16/450rr–1.md?p=b) will comply with the requirements of sections [620](/usc/16/620.md) to [620j](/usc/16/620j.md) of this title, in such form as the [Secretary concerned](/usc/16/620e.md?p=8) may prescribe; and
    - (C) provide to the [Secretary concerned](/usc/16/620e.md?p=8) copies of all notices, acknowledgments, and agreements referred to in subparagraphs [(A)](#a-2-A) and [(B)](#a-2-B);
  - (3) each [person](/usc/16/450rr–1.md?p=b) who [acquires](/usc/16/620e.md?p=1), either directly or indirectly, [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [public lands](/usc/16/620e.md?p=7) in a [State](/usc/16/590q.md?p=a) that is subject to an order issued by the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce under [section 620c(a) of this title](/usc/16/620c.md?p=a), other than a [State](/usc/16/590q.md?p=a) that is administering and enforcing a program under [section 620c(d) of this title](/usc/16/620c.md?p=d), shall report the receipt and disposition of the timber to the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce, in such form as the [Secretary](/usc/16/410r–5.md?p=c-1) may by rule prescribe, except that nothing in this paragraph shall be construed to hold any [person](/usc/16/450rr–1.md?p=b) responsible for reporting the disposition of any timber held by subsequent [persons](/usc/16/450rr–1.md?p=b); and
  - (4) each [person](/usc/16/450rr–1.md?p=b) who transfers to another [person](/usc/16/450rr–1.md?p=b) [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [public lands](/usc/16/620e.md?p=7) in a [State](/usc/16/590q.md?p=a) that is subject to an order issued by the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce under [section 620c(a) of this title](/usc/16/620c.md?p=a), other than a [State](/usc/16/590q.md?p=a) that is administering and enforcing a program under [section 620c(d) of this title](/usc/16/620c.md?p=d), shall, before completing the transfer—
    - (A) provide to such other [person](/usc/16/450rr–1.md?p=b) a written notice, in such form as the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce may prescribe, that shall identify the [public lands](/usc/16/620e.md?p=7) from which the timber originated; and
    - (B) receive from such other [person](/usc/16/450rr–1.md?p=b)—
      - (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](/usc/16/620.md) to [620j](/usc/16/620j.md) of this title,

      in such form as the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce may prescribe; and

    - (C) provide to the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce copies of all notices, acknowledgments, and agreements referred to in subparagraphs [(A)](#a-4-A) and [(B)](#a-4-B).
- (b) **Report to Congress—** Using the information gathered under [subsection (a)](#a), the [Secretaries](/usc/16/410r–5.md?p=c-1) of Agriculture and Interior shall, not later than June 1, 1995, submit to the Congress a report on the disposition of [unprocessed timber](/usc/16/620e.md?p=9-A) harvested from [Federal lands](/usc/16/620e.md?p=2) west of the 100th meridian in the contiguous 48 [States](/usc/16/544.md?p=r), and recommendations concerning the practice of indirect substitution of such timber for exported timber harvested from [private lands](/usc/16/620e.md?p=6). 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](/usc/16/410r–5.md?p=c-1) 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](/usc/16/620b.md?p=b-2-C); and
  - (6) provide such other information as the [Secretaries](/usc/16/410r–5.md?p=c-1) consider appropriate.
- (c) **Civil penalties for violation—**
  - (1) **Exports—**
    - (A) If the [Secretary concerned](/usc/16/620e.md?p=8) finds, on the record and after an opportunity for a hearing, that a [person](/usc/16/450rr–1.md?p=b), with willful disregard for the prohibition contained in sections [620](/usc/16/620.md) to [620j](/usc/16/620j.md) of this title against exporting Federal timber, exported or caused to be exported [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [Federal lands](/usc/16/620e.md?p=2) in [violation](/usc/16/620e.md?p=11) of sections [620](/usc/16/620.md) to [620j](/usc/16/620j.md) of this title, such [Secretary](/usc/16/410r–5.md?p=c-1) may assess against such [person](/usc/16/450rr–1.md?p=b) a civil penalty of not more than $500,000 for each [violation](/usc/16/620e.md?p=11), or 3 times the gross value of the [unprocessed timber](/usc/16/620e.md?p=9-A) involved in the [violation](/usc/16/620e.md?p=11), whichever amount is greater.
    - (B)
      - (i) Subject to [clause (ii)](#c-1-B-ii), if the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce finds, on the record and after an opportunity for a hearing, that a [person](/usc/16/450rr–1.md?p=b), with willful disregard for the restrictions contained in an order of the [Secretary](/usc/16/410r–5.md?p=c-1) under [section 620c(a) of this title](/usc/16/620c.md?p=a) on exports of [unprocessed timber](/usc/16/620e.md?p=9-A) from [public lands](/usc/16/620e.md?p=7), exported or caused to be exported [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [public lands](/usc/16/620e.md?p=7) in [violation](/usc/16/620e.md?p=11) of such order, the [Secretary](/usc/16/410r–5.md?p=c-1) may assess against such [person](/usc/16/450rr–1.md?p=b) a civil penalty of not more than $500,000 for each [violation](/usc/16/620e.md?p=11), or 3 times the gross value of the [unprocessed timber](/usc/16/620e.md?p=9-A) involved in the [violation](/usc/16/620e.md?p=11), whichever amount is greater.
      - (ii) [Clause (i)](#c-1-B-i) shall not apply with respect to exports of [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [public lands](/usc/16/620e.md?p=7) in a [State](/usc/16/590q.md?p=a) that is administering and enforcing a program under [section 620c(d) of this title](/usc/16/620c.md?p=d).
  - (2) **Other violations—**
    - (A) If the [Secretary concerned](/usc/16/620e.md?p=8) finds, on the record and after an opportunity for a hearing, that a [person](/usc/16/450rr–1.md?p=b) has violated any provision of sections [620](/usc/16/620.md) to [620j](/usc/16/620j.md) of this title or any regulation issued under sections [620](/usc/16/620.md) to [620j](/usc/16/620j.md) of this title relating to lands which they administer (notwithstanding that such [violation](/usc/16/620e.md?p=11) may not have caused the export of unprocessed Federal timber in [violation](/usc/16/620e.md?p=11) of sections [620](/usc/16/620.md) to [620j](/usc/16/620j.md) of this title), such [Secretary](/usc/16/410r–5.md?p=c-1) may—
      - (i) assess against such [person](/usc/16/450rr–1.md?p=b) a civil penalty of not more than $75,000 for each [violation](/usc/16/620e.md?p=11) if the [Secretary](/usc/16/410r–5.md?p=c-1) determines that the [person](/usc/16/450rr–1.md?p=b) committed such [violation](/usc/16/620e.md?p=11) in disregard of such provision or regulation;
      - (ii) assess against such [person](/usc/16/450rr–1.md?p=b) a civil penalty of not more than $50,000 for each [violation](/usc/16/620e.md?p=11) if the [Secretary](/usc/16/410r–5.md?p=c-1) determines that the [person](/usc/16/450rr–1.md?p=b) should have known that the action constituted a [violation](/usc/16/620e.md?p=11); or
      - (iii) assess against such [person](/usc/16/450rr–1.md?p=b) a civil penalty of not more than $500,000 if the [Secretary](/usc/16/410r–5.md?p=c-1) determines that the [person](/usc/16/450rr–1.md?p=b) committed such [violation](/usc/16/620e.md?p=11) willfully.
    - (B)
      - (i) Subject to [clause (ii)](#c-2-B-ii), if the [Secretary](/usc/16/410r–5.md?p=c-1) of Commerce finds, on the record and after an opportunity for a hearing, that a [person](/usc/16/450rr–1.md?p=b) has violated, on or after June 1, 1993, any provision of sections [620](/usc/16/620.md) to [620j](/usc/16/620j.md) of this title or any regulation issued under sections [620](/usc/16/620.md) to [620j](/usc/16/620j.md) of this title relating to the export of [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [public lands](/usc/16/620e.md?p=7) (whether or not the [violation](/usc/16/620e.md?p=11) caused the export of [unprocessed timber](/usc/16/620e.md?p=9-A) from [public lands](/usc/16/620e.md?p=7) in [violation](/usc/16/620e.md?p=11) of sections [620](/usc/16/620.md) to [620j](/usc/16/620j.md) of this title), the [Secretary](/usc/16/410r–5.md?p=c-1) may assess against such [person](/usc/16/450rr–1.md?p=b) a civil penalty to the same extent as the [Secretary concerned](/usc/16/620e.md?p=8) may impose a penalty under clause [(i)](#c-2-A-i), [(ii)](#c-2-A-ii), or [(iii)](#c-2-A-iii) of subparagraph (A).
      - (ii) [Clause (i)](#c-2-B-i) shall not apply with respect to [unprocessed timber](/usc/16/620e.md?p=9-A) originating from [public lands](/usc/16/620e.md?p=7) in a [State](/usc/16/590q.md?p=a) that is administering and enforcing a program under [section 620c(d) of this title](/usc/16/620c.md?p=d).
    - (C) **Mitigation of penalties.—**
      - (i) **In general.—** The [Secretary concerned](/usc/16/620e.md?p=8)—
        - (I) in determining the applicability of any penalty imposed under this paragraph, shall [take](/usc/16/3102.md?p=18) 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](/usc/16/620e.md?p=11) under this paragraph for a prescribed period, suspend imposition of the penalty.
      - (ii) **Contractural 1 remedies.—** In the case of a [minor violation](/usc/16/620e.md?p=3) of sections [620](/usc/16/620.md) to [620j](/usc/16/620j.md) of this title (including a regulation), the [Secretary concerned](/usc/16/620e.md?p=8) shall, to the maximum extent practicable, permit a contracting officer to redress the [violation](/usc/16/620e.md?p=11) 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)](#d-1-B), the head of the appropriate Federal department or agency under sections [620](/usc/16/620.md) to [620j](/usc/16/620j.md) of this title may debar any [person](/usc/16/450rr–1.md?p=b) who violates sections [620](/usc/16/620.md) to [620j](/usc/16/620j.md) of this title, or any regulation or contract issued under sections [620](/usc/16/620.md) to [620j](/usc/16/620j.md) of this title, from entering into any contract for the purchase of [unprocessed timber](/usc/16/620e.md?p=9-A) from [Federal lands](/usc/16/620e.md?p=2) for a period of not more than 5 years. Such [person](/usc/16/450rr–1.md?p=b) shall also be precluded from [taking](/usc/16/3102.md?p=18) delivery of Federal timber purchased by another party for the period of debarment.
    - (B) **Prerequisites for debarment—**
      - (i) **In general—** No [person](/usc/16/450rr–1.md?p=b) may be debarred from bidding for or entering into a contract for the purchase of [unprocessed timber](/usc/16/620e.md?p=9-A) from [Federal lands](/usc/16/620e.md?p=2) under [subparagraph (A)](#d-1-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](/usc/16/620.md) to [620j](/usc/16/620j.md) of this title of a contract for the purchase of [unprocessed timber](/usc/16/620e.md?p=9-A) from [Federal lands](/usc/16/620e.md?p=2) during a debarment proceeding.
  - (2) **Cancellation of contracts—** The head of the appropriate Federal department or agency under sections [620](/usc/16/620.md) to [620j](/usc/16/620j.md) of this title may cancel any contract entered into with a [person](/usc/16/450rr–1.md?p=b) found to have violated sections [620](/usc/16/620.md) to [620j](/usc/16/620j.md) of this title or regulations issued under sections [620](/usc/16/620.md) to [620j](/usc/16/620j.md) of this title.
- (e) **Exception—** Subsections [(c)](#c) and [(d)](#d) do not apply to [violations](/usc/16/620e.md?p=11) of [section 620i of this title](/usc/16/620i.md).

## Footnotes

[^1]: So in original. Probably should be “Contractual”.

## Source credit

(Pub. L. 101–382, title IV, § 492, Aug. 20, 1990, 104 Stat. 722; Pub. L. 103–45, § 3, July 1, 1993, 107 Stat. 226; Pub. L. 105–83, title VI, § 603, Nov. 14, 1997, 111 Stat. 1620.)

## Notes

### Editorial Notes

### Amendments

1997—Subsec. (c)(2)(C). Pub. L. 105–83, § 603(1), added subpar. (C).

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).

1993—Subsec. (a)(3), (4). Pub. L. 103–45, § 3(a), added pars. (3) and (4).

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

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).