MONITORING AND ENFORCEMENT.

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 104 STAT. 723 (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.