shall apply in that State in lieu of the regula-
tions issued under subsection (c).
‘‘(C) PRIOR STATE PROGRAMS.—Not later
than 30 days after the date of the enactment of
the Forest Resources Conservation and Short-
age Relief Amendments Act of 1993, the Gov-
ernor of any State that had, before May 4,
1993, issued regulations under this subsection
as in effect before May 4, 1993, may provide
the Secretary of Commerce with written notifi-
cation that the State has a program that was
in effect on May 3, 1993, and that meets the
requirements of paragraph (1). Upon such noti-
fication, that State may administer and enforce
that program in that State until the end of the
9-month period beginning on the date on which
the Secretary of Commerce issues regulations
under subsection (c), and that program shall,
during the period in which it is so administered
and enforced, apply in that State in lieu of the
regulations issued under subsection (c). Such
Governor may submit, with such notification,
the program for approval by the Secretary
under paragraph (1).
‘‘(e) PRIOR CONTRACTS.—Nothing in this section
shall apply to—
‘‘(1) any contract for the purchase of unproc-
essed timber originating from public lands that was
entered into before—
‘‘(A) September 10, 1990, with respect to
States 
with 
annual 
sales 
volumes 
of
400,000,000 board feet or less; or
‘‘(B) January 1, 1991, with respect to
States with annual sales volumes greater than
400,000,000 board feet; or
‘‘(2) any contract under which exports of un-
processed timber were permitted pursuant to an
order of the Secretary of Commerce in effect under
this section before October 23, 1992.
‘‘(f) WESTERN RED CEDAR.—Nothing in this section
shall be construed to supersede section 7(i) of the Export
Administration Act of 1979 (50 U.S.C. App. 2406(i)).’’.
SEC. 3. MONITORING AND ENFORCEMENT.
(a) MONITORING.—Section 492(a) of the Forest Re-
sources Conservation and Shortage Relief Act of 1990 (16
U.S.C. 620d(a)) is amended—
(1) in paragraph (1), by striking ‘‘and’’ at the
end of the paragraph;
(2) in paragraph (2), by striking the period at
the end of the paragraph and inserting a semicolon;
and
(3) by adding at the end the following new
paragraphs:
‘‘(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
491(a), other than a State that is administering and
enforcing a program under section 491(d), shall re-
port the receipt and disposition of the timber to the
Secretary of Commerce, in such form as the Sec-
retary may by rule prescribe, except that nothing in
this paragraph shall be construed to hold any person
responsible for reporting the disposition of any tim-
ber held by subsequent persons; and
‘‘(4) each person who transfers to another per-
son unprocessed timber originating from public
lands in a State that is subject to an order issued
by the Secretary of Commerce under section 491(a),
other than a State that is administering and enforc-
ing a program under section 491(d), shall, before
completing the transfer—
‘‘(A) provide to such other person a writ-
ten 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 re-
cipient of the timber will comply with the
requirements 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) CIVIL PENALTIES.—Section 492(c) of the Forest
Resources Conservation and Shortage Relief Act of 1990
is amended—
(1) in paragraph (1)—
(A) by inserting ‘‘(A)’’ before ‘‘If the Sec-
retary’’; and
(B) by adding at the end the following:
‘‘(B)(i) Subject to clause (ii), if the Secretary of
Commerce finds, on the record and after an oppor-
tunity for a hearing, that a person, with willful dis-
regard for the restrictions contained in an order of
the Secretary under section 491(a) on exports of un-
processed timber from public lands, exported or
caused to be exported unprocessed timber originat-
ing 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 viola-
tion, 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 pub-
lic lands in a State that is administering and enforc-
ing a program under section 491(d).’’; and
(2) in paragraph (2)—
(A) by redesignating subparagraphs (A),
(B), and (C) as clauses (i), (ii), and (iii), re-
spectively;
(B) by inserting ‘‘(A)’’ before ‘‘If the Sec-
retary’’; and
(C) by adding at the end the following: