Page:United States Statutes at Large Volume 104 Part 1.djvu/757

 PUBLIC LAW 101-382—AUG. 20, 1990 104 STAT. 723 (6) provide such other information as the Secretaries consider appropriate. (c) CIVIL PENALTIES FOR VIOLATION. — (1) EXPORTS. —I f 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.— I f 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 (notwithstanding 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 purcheise 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. SEC. 493. DEFINITIONS. 16 USC 620e. For purposes of this title: (1) The term "acquire" means to come into possession of, whether directly or indirectly, through a sale, trade, exchange, or other transaction, and the term "acquisition" means the act of acquiring.

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