[Federal Register Volume 60, Number 189 (Friday, September 29, 1995)]
[Rules and Regulations]
[Pages 50448-50452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24289]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Parts 5460, 5510, 9230, and 9260
[WO-230-6310-02-24 1A; Circular No. 2660]
RIN 1004-AB97
Free Use of Timber: General; Trespass; Law Enforcement: Criminal
AGENCY: Bureau of Land Management, Interior.
ACTION: Final rule.
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SUMMARY: This final rule amends provisions of the existing Bureau of
Land Management (BLM) regulations on timber trespass. The rule edits
the existing regulations to make them more orderly and easier to read,
and adds a list of prohibited acts necessary to provide guidance
concerning the administration of forest product contracts and free use
permits, and law enforcement.
EFFECTIVE DATE: October 30, 1995.
ADDRESSES: Suggestions or inquiries should be sent to Director (230),
Bureau of Land Management, 1849 C Street, NW., Washington, DC 20240.
FOR FURTHER INFORMATION CONTACT: Bob Bierer, (202) 452-7755.
SUPPLEMENTARY INFORMATION: The BLM published a proposed rule on timber
trespass in the Federal Register on September 13, 1993 (58 FR 47847),
requesting comments by November 12, 1993. During the 60-day comment
period, comments were received from 3 forest industry associations. The
comments are discussed in the same sequence as the sections of the
proposed rule. Many of the suggestions were adopted and are reflected
in the final rule.
The rule is a continuation of the effort to provide more effective
control of trespass of timber and other vegetative resources on public
lands. It provides further guidance to supplement the final rule
published on March 11, 1991 (56 FR 10173), and includes specific
prohibited acts to which BLM law enforcement personnel can refer to in
issuing citations.
General Comments
The three comments noted in support of the proposed rule that theft
of any timber is a serious matter and there is continued support for
strong law enforcement activities, including prosecution of any person
found guilty of stealing federal timber.
The law enforcement and resource protection program of the BLM is
quite often involved in detecting and resolving trespasses against and
thefts of timber and other vegetative resources. Uncertainty in
prohibited acts or applicable penalties often causes their efforts to
obtain criminal prosecution to be unsuccessful. The prohibited acts set
forth in this rule will enhance law enforcement actions and serve as a
deterrent to future trespass.
One comment suggested that a timber contract should allow
sufficient flexibility to assure that the objectives of both parties
are satisfied, especially when circumstances arise that were unforeseen
at the time of contract formation. That is the intent of this final
rule.
Comments on Amendment of 43 CFR Part 5460
Two comments stated that the prohibited acts relate only to BLM-
administered lands and that the final rule should clearly state this
limitation. The language in Sec. 5462.2(a) has been amended to clarify
this point.
Another comment suggested deletion of the phrase ``See Sec. 9239.1
of this title for trespass and subpart 9265 of this title for criminal
prosecution'' from 5462.2(a). The comment has been adopted. The cross-
reference is rendered unnecessary by the addition of the penalty
provision at Sec. 5462.2(c).
A comment suggested that the language in Sec. 5462.2(b)(1) is
ambiguous as to what may constitute ``otherwise damaging any timber''
and suggested that additional specific criteria as to what constitutes
``damage'' be developed to avoid arbitrary and inconsistent on-the-
ground decisions. The prework conference required prior to commencement
of operations provided for in the BLM Timber Sale Procedure Handbook is
designed to discuss and clarify concerns such as this, and, in the
context of cutting and removing timber, we do not consider ``otherwise
damaging any timber'' to be ambiguous. The comment was not adopted.
On Sec. 5462.2(b)(2), the comments pointed out that while it is
proper in most situations to require a BLM employee to mark or
designate all standing timber before it can be cut, there are instances
where a logger has conflicting direction from two different Federal
agencies or regulations. For example, Occupational Safety and Health
Act (OSHA) regulations require operators to fell any tree constituting
a hazard to safe working conditions immediately, and failure to do so
may subject them to a fine. The only option available to the operator
is to leave the area until a BLM employee arrives and designates the
tree for felling, which is impractical for both parties. The comments
noted that some allowance needs to be made for safety, or the agency
must guarantee timely timber sale administration. Again, prework
conferences are intended to resolve potential conflicts and procedural
problems such as this, and the comments were not adopted in the final
rule.
Three comments recommended removing Sec. 5462.2(b)(3), because BLM
no longer offers scaled sales. The comments were not adopted since this
prohibited act is intended primarily for small salvage and firewood
sales, and the BLM may occasionally offer scaled salvage timber sales
where appropriate to harvest dead timber promptly to preclude excessive
deterioration.
Three comments suggested that Sec. 5462.2(b)(4) should be changed
to
[[Page 50449]]
specify that marking or designating products in a similar manner to
that employed by BLM applies only to BLM-administered lands. These
comments were adopted and language added to clarify this point.
Three comments argued that proposed Sec. 5462.2(b)(6) could result
in numerous timber sale defaults, not related to timber theft. Many
timber sale contract violations are minor and should be dealt with
under the terms and conditions of the contract. The recommendation to
remove this paragraph has been adopted in the final rule.
Three comments stated that the language in Sec. 5462.2(b)(5) and
(7) would require all persons working on a BLM timber sale or hauling
logs from a sale to have copies of the contract or permit in their
possession and that this is unreasonable. They suggested that requiring
the purchaser or its desig-nated representative to have a copy of the
contract, as well as requiring each truck driver to have copies of the
haul permit, should satisfy any accountability objective. This is an
acceptable alternative, and provides for sufficient documentation and
accountability. Language has therefore been added to adopt these
comments.
One comment noted that Sec. 5462.2(b)(7) authorizes any BLM
employee to stop people associated with a timber sale at any time and
demand that they produce a permit or contract. It questions whether all
BLM employees have sufficient experience with timber sales to warrant
such authority. Language was added to limit the BLM personnel to those
persons acting within their designated authority as sale inspectors,
contract administrators, contracting officers, and law enforcement
officers.
Several comments stated that BLM lacks authority to enforce State
and local laws, especially in the absence of a cooperative law
enforcement agreement, and that BLM employees should concentrate their
efforts on on-the-ground inspection of timber sale operations rather
than enforcing State and local laws. Section 5462.2(b)(8) of the
proposed rule has been amended in the final rule to make it consistent
with the Federal Land Policy and Management Act provision for
cooperation with State and local regulatory and law enforcement
officials (43 U.S.C. 1733(d)) and the language in Sec. 5462.2(b)(1).
For purposes of clarity, the phrase ``by fraud'' in
Sec. 5462.2(b)(10) of the proposed rule has been removed and replaced
with language more precisely defining what constitutes fraud as it
relates to timber and other vegetative resources.
Three comments suggested that BLM define what constitutes a
negligent act by an operator referred to in Sec. 5462.2(b)(11). One of
the comments added that the concept of negligence should be removed and
the BLM focus on ``intentional destruction.'' These comments were not
adopted in the final rule. The prework conferences provided for in
standard BLM timber sale contracts are the appropriate forums to
discuss and clarify what constitutes a ``negligent act.''
The paragraphs of Sec. 5462.2(b) have been renumbered in the final
rule to accommodate the removal of paragraphs (3) and (6).
A comment recommended addition of a new Sec. 5462.3 entitled
``Penalties'' with a description of the penalties for knowingly and
willfully violating the prohibited acts under Sec. 5462.2(b) to make it
clear that criminal penalties apply to the prohibited acts. This
comment has been adopted in the final rule, but by adding a new
paragraph (c) to Sec. 5462.2 rather than a new Sec. 5462.3.
Comments on Amendments to 43 CFR Subpart 5511
One comment recommended removal of the phrase ``See Sec. 9239.1 of
this title for trespass and subpart 9265 of this title for criminal
prosecution'' from Sec. 5511.4(a). The comment was adopted. The cross-
reference is rendered unnecessary by the addition of Sec. 5511.5--
Penalties.
A comment recommended addition of a new Sec. 5511.5 entitled
``Penalties'' with a description of the penalties for knowingly and
willfully violating the prohibited acts under 5511.4(b) to make it
clear again that criminal penalties apply. The comment was adopted.
Comments on Amendment of 43 CFR Part 9230
No public comments addressed this part in the proposed rule. The
BLM is currently in the process of updating and amending part 9230--
Trespass. The changes promulgated in this rule relating to timber
trespass will be included in the subsequent revision of part 9230.
Comments on Amendment of 43 CFR Part 9260
The BLM is also preparing to update and revise part 9260--Law
Enforcement--Criminal. Organizational changes in Sec. 9265.6 have been
adopted in the final rule and language has been added to that section
detailing how penalties will be determined. These changes are made in
order to standardize the penalty provisions in the various regulations
that relate to timber, trees, and other vegetative resources.
Paragraphs (a) and (b)(1) in the final rule are new and refer to the
penalties imposed under the Sentencing Reform Act of 1984 (18 U.S.C.
3551 et seq.), as they apply to the regulations for timber sales
administration and free use of timber. The penalties are statutory and
would apply whether they appear in the regulations or not. Paragraph
(a) in the proposed rule has been renumbered (c), and paragraph (b) in
the proposed rule has been renumbered (b)(2) in the final rule. Cross
references to other regulations in title 43 governing the use of timber
for mining and agriculture have been added to paragraph (b)(2).
Paragraph (c) in the proposed rule has been renumbered (d) in the final
rule to accommodate the earlier additions. No public comments addressed
this part in the proposed rule.
The principal author of this final rule is Robert Bierer,
Biological and Heritage Implementation Team, assisted by the Regulatory
Management Team, BLM.
It is hereby determined that this final rule does not constitute a
major Federal action significantly affecting the quality of the human
environment, and that no detailed statement pursuant to section
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)) is required. The BLM has determined that this final rule
will not create environmental impacts. No critical element of the human
environment is affected because the final rule merely promulgates a
series of prohibited acts related to the ministerial aspects of the
administration of timber sales contracts and the free use of timber. It
does not prescribe or prohibit any substantive activities or methods
for carrying out timber harvest operations on BLM-managed lands. It
prohibits harvesting and removing timber without the requisite permits
or haul tickets, prohibits the violation of other laws and regulations,
including State and local laws, and using fraud or trickery to obtain a
free-use permit. No sales or new uses of timber, and no other uses of
land and resources, are authorized by this rule.
This rule was not subject to review by the Office of Management and
Budget under Executive Order 12866.
The Department has determined under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.) that the rule will not have a significant
economic impact on a substantial number of small entities. There will
be no cost increases imposed on the lumber industry other than those
caused by violations of law, and there would thus be no economic effect
on
[[Page 50450]]
small business entities that do not violate the law. Also, the rule
does not distinguish between business entities based on their size.
The Department certifies that this final rule does not represent a
governmental action capable of interference with constitutionally
protected property rights. There will be no private property rights
impaired as a result of this rule. Therefore, as required by Executive
Order 12630, the Department of the Interior has determined that the
rule would not cause a taking of private property.
This rule does not contain information collection requirements that
require approval by the Office of Management and Budget under 44 U.S.C.
3501 et seq.
List of Subjects
43 CFR Part 5460
Forest and forest products, Government contracts, Public lands.
43 CFR Part 5510
Forest and forest products, Public lands, Surety bonds.
43 CFR Part 9230
Penalties, Public lands.
43 CFR Part 9260
Penalties, Public lands.
Dated: July 19, 1995.
Sylvia V. Baca,
Acting Assistant Secretary of the Interior.
For the reasons stated in the preamble, and under the authorities
cited below, parts 5460 of Group 5000, 5510 of Group 5500, Subchapter
E, and parts 9230, and 9260 of Group 9200, Subchapter I, Chapter II of
Title 43 of the Code of Federal Regulations are amended as set forth
below:
PART 5460--SALES ADMINISTRATION
1. The authority citation for part 5460 continues to read as
follows:
Authority: 30 U.S.C. 601 et seq.; 43 U.S.C. 1181e.
2. Subpart 5462 is amended by adding new paragraph (c) to
Sec. 5462.1 and new Secs. 5462.2 and 5462.3 to read as follows:
Sec. 5462.1 Contract and permit compliance.
* * * * *
(c)(1) The authorized officer may cancel a contract or permit upon
determining that the holder has failed to comply with a law or
regulation pertinent to the contract or permit. The authorized officer
may also cancel a contract or permit upon determining that the holder
has failed to comply with a stipulation or requirement contained in the
contract or permit and the noncompliance is detrimental to the public
interest. Individual contracts or permits may contain specific language
defining the remedies or penalties associated with noncompliance.
(2) Cancellation shall be mandatory in cases of intentional
falsification of information used to obtain the permit or contract.
Sec. 5462.2 Prohibited acts.
(a) The acts or omissions listed in paragraph (b) of this section
apply only to BLM-administered lands and will render the person(s)
responsible liable to the United States in a civil action for trespass,
and such person(s) may be prosecuted criminally. If the authorized
officer determines such acts or omissions to be detrimental to the
public interest, the timber sale contract or permit held by the
purchaser responsible for such acts or omissions may be canceled.
(b) The following activities are prohibited:
(1) Cutting, removing, or otherwise damaging any timber, tree, or
other vegetative resource, except as authorized by a forest product
sale contract, permit, or Federal law or regulation.
(2) Cutting any standing tree, under a permit or timber sale
contract, before a BLM employee has marked it or has otherwise
designated it for cutting.
(3) Removing any timber or other vegetative resource cut under a
permit or timber sale contract, except to a place designated for
scaling or measurement, or removing it from that place before it is
scaled, measured, counted, or otherwise accounted for by a BLM
employee.
(4) Stamping, marking with paint, tagging, or otherwise identifying
any tree or other vegetative resources on BLM-administered lands in a
manner similar to that employed by BLM employees to mark or designate a
tree or other vegetative resources for cutting, removal, or
transportation.
(5) Transporting timber or other vegetative resources without a
valid haul ticket that pertains to the material in question, except as
authorized by Federal law or regulation.
(6) Except as authorized by Federal law or regulation, purchasers
or their designated representatives, while engaging in any activity
connected with the harvest or removal of forest products, failing to
have in their possession and/or failing to produce any required permit
or forest product sale contract for inspection upon demand by a BLM
employee or any official of a cooperating law enforcement agency acting
within his or her designated authority as a sale inspector,
administrator, contracting officer, or law enforcement officer.
(7) Violating any State or local laws and ordinances relating to
local permits, tagging, and transportation of timber, trees, or other
vegetative resources.
(8) Violating any of the provisions regulating export and
substitution contained in subparts 5400, 5403, and 5420 of this title.
(9) Obtaining any forest product sale contract or permit or taking
any timber, trees, or other vegetative resources through falsifying,
concealing, or covering up by any trick, scheme, or device a material
fact, or making any false, fictitious, or fraudulent statement or
representation, or making or using a false, fictitious, or fraudulent
statement or entry, including altering any forest product sales
contract or permit or using an unauthorized reproduction of any
official load tag.
(10) Negligent or intentional destruction of or injury to any
timber or other vegetative resource during operations under a forest
product sale contract or permit.
Sec. 5462.3 Penalties.
Under section 303(a) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1733(a)), any individual who knowingly and willfully
commits the prohibited acts under Sec. 5462.2(b) is subject to arrest
and trial by the United States Magistrate and, if convicted, shall be
subject to a fine of not more than $100,000 in accordance with the
applicable provisions of the Sentencing Reform Act of 1984 (18 U.S.C.
3551 et seq.), or imprisonment not to exceed 12 months, or both, for
each offense, and any organization that commits these prohibited acts
is subject to arrest and trial by the United States Magistrate and, if
convicted, shall be subject to a fine of not more than $200,000.
PART 5510--FREE USE OF TIMBER
3. The authority citation for part 5510 continues to read as
follows:
Authority: 61 Stat. 681, as amended; 69 Stat. 367; 48 Stat.
1269, sec. 11, 30 Stat. 414, as amended, R.S. 2478, sec. 323, 41
Stat. 450; 30 U.S.C. 601 et seq., 43 U.S.C. 315, 48 U.S.C. 423, 43
U.S.C. 1201, 30 U.S.C. 189.
Subpart 5511--Free Use Regulations
Sec. 5511.1-1 [Amended]
4. Section 5511.1-1 is amended by removing paragraph (f)(3).
Sec. 5511.1-4 [Amended]
5. Section 5511.1-4 is amended by removing paragraphs (e) and (f).
[[Page 50451]]
6. Section 5511.2-1 is amended by revising paragraph (a) to read as
follows:
Sec. 5511.2-1 Free use privilege; cutting by agent.
(a) Except as provided in Sec. 5511.1-4 the only timber which may
be cut under Secs. 5511.2-1 through 5511.2-5 for free use in Alaska is
timber on vacant public lands in the State not reserved for national
forest or other purposes. The timber so cut may not be sold or
bartered. The free use privilege does not extend to associations or
corporations, except churches, hospitals, and charitable institutions.
Any applicant entitled to the free use of timber may procure it by
agent, if desired, but no part of the timber may be used in payment for
services in obtaining it or in manufacturing it into lumber. Timber may
not be cut by an applicant under this section after the land has been
included in a valid homestead settlement or entry or other claim,
except that any applicant for the free use of timber who has been
granted a permit to cut as hereinafter provided, will have a right to
cut the timber while the permit remains in force as against a
subsequent applicant who may wish to obtain the same timber by
purchase.
* * * * *
Sec. 5511.2-4 [Amended]
7. Section 5511.2-4 is amended by revising the reference ``5511.2-
6'' to read ``5511.2-5''.
Sec. 5511.2-5 [Amended]
8. Section 5511.2-5 is removed.
Sec. 5511.2-7 [Redesignated as Sec. 5511.2-5 and amended]
9. Section 5511.2-7 is redesignated as Sec. 5511.2-5 and the
reference ``Sec. 5511.2-4'' at the end of the section is revised to
read ``Sec. 5511.1-4''.
10. Section 5511.4 is added to read as follows:
Sec. 5511.4 Prohibited acts.
(a) In addition to the prohibited acts listed in Sec. 5462.2, the
acts or omissions listed in paragraph (b) will render the person(s)
responsible liable to the United States in a civil action for trespass
and such persons may be prosecuted criminally.
(b) The following acts are prohibited:
(1) Obtaining any free use permit or taking any timber, trees, or
other vegetative resources through falsifying, concealing, or covering
up by any trick, scheme, or device a material fact, or making any
false, fictitious, or fraudulent statements or representations, or
making or using any false, fictitious or fraudulent statement or entry,
including altering of any free use permit or using a reproduction of
any official load tags.
(2) Using timber secured under a free use permit for any purpose
other than provided for in Secs. 5511.1-1(d), 5511.1-2, 5511.1-4,
5511.2-2, 5511.3-6, or 5511.3-8.
(3) Violating any of the terms and conditions of a free use permit.
(4) Exporting timber cut under a free use permit from the State in
which it was cut, except as provided in Sec. 5511.1-1(e).
(5) The cutting of timber under a free use permit for sale, barter,
speculation, or use by others than the permittee.
11. Section 5511.5 is added to read as follows:
Sec. 5511.5 Penalties.
Under section 303(a) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1733(a), any individual who knowingly and willfully
commits the prohibited acts under Sec. 5511.4(b) is subject to arrest
and trial by the United States Magistrate and, if convicted, shall be
subject to a fine of not more than $100,000, or not more than $250,000
if commission of the prohibited acts results in death, in accordance
with the applicable provisions of the Sentencing Reform Act of 1984 (18
U.S.C. 3551 et. seq.), or imprisonment not to exceed 12 months, or
both, for each offense, and any organization that commits these
prohibited acts is subject to arrest and trial by the United States
Magistrate and, if convicted, shall be subject to a fine of not more
than $200,000, or not more than $500,000 if commission of the
prohibited acts results in death.
PART 9230--TRESPASS
12. The authority citation for 43 CFR part 9230 continues to read
as follows:
Authority: R.S. 2478; 43 U.S.C. 1201; 43 U.S.C. 1701, et seq.;
18 U.S.C. 1851-1858.
Subpart 9239--Kinds of Trespass
13. Section 9239.1-1 is amended by removing paragraph (c) and (d),
and revising the heading and paragraph (b) to read as follows:
Sec. 9239.1-1 Unauthorized cutting, removal, or injury.
* * * * *
(b) Commission of any of the acts listed in Secs. 5462.2 and 5511.4
of this title constitutes a trespass.
14. Section 9239.1-2 is amended by revising the heading and
paragraph (a) to read as follows:
Sec. 9239.1-2 Penalty for trespass.
(a) In accordance with Secs. 9239.0-7, 9239.0-8, and 9239.1-1 of
this subpart, anyone responsible for a trespass act is liable to the
United States in a civil action for damages and may be prosecuted under
criminal law as provided in Sec. 9265.6 of this chapter.
* * * * *
15. Section 9239.1-3 is amended by adding paragraph (a)(4) to read
as follows:
Sec. 9239.1-3 Measure of damages.
(a) * * *
(1) * * *
(4) In the case of a purchase from a trespasser, if the purchaser
has no knowledge of the trespass, but should have had such knowledge
through reasonable diligence, the value at the time of the purchase.
* * * * *
PART 9260--LAW ENFORCEMENT--CRIMINAL
16. The authority citation for 43 CFR part 9260 is revised to read
as follows:
Authority: 16 U.S.C. 433; 16 U.S.C. 460l-6a; 16 U.S.C. 670j; 16
U.S.C. 1246(i); 16 U.S.C. 1338; 18 U.S.C. 1851-1861; 18 U.S.C. 3551
et seq.; 43 U.S.C. 315(a); 43 U.S.C. 1061, 1063; 43 U.S.C. 1733.
Subpart 9265--Timber and Other Vegetative Resources Management
17. The heading of subpart 9265 is revised to read as set forth
above.
18. Section 9265.0-3 is amended by inserting after ``title 18
U.S.C.,'' the phrase ``and section 1733 of title 43 U.S.C.,''.
19. Section 9265.4 is amended by adding text to read as follows:
Sec. 9265.4 Sales of forest products, general.
Commission of any of the acts listed in Sec. 5462.2 of this title
is a violation of Federal regulations and may subject the responsible
person(s) to criminal penalties under titles 18 and 43 of the United
States Code.
20. Section 9265.5 is revised to read as follows:
Sec. 9265.5 Non-sale disposals, general.
Commission of any of the acts listed in Sec. 5511.4 of this title
is a violation of Federal regulations and may subject the responsible
person(s) to criminal penalties under titles 18 and 43 U.S.C.
21. Section 9265.6 is added to read as follows:
Sec. 9265.6 Penalties.
(a) Sales administration. Under section 303(a) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1733(a)), any individual
who knowingly and willfully commits the prohibited acts under
Sec. 5462.2(b) of this
[[Page 50452]]
title is subject to arrest and trial by the United States Magistrate
and, if convicted, shall be subject to a fine of not more than $100,000
in accordance with the applicable provisions of the Sentencing Reform
Act of 1984 (18 U.S.C. 3551 et seq.), or imprisonment not to exceed 12
months, or both, for each offense, and any organization that commits
these prohibited acts is subject to arrest and trial by the United
States Magistrate and, if convicted, shall be subject to a fine of not
more than $200,000, or not more than $500,000 if commission of the
prohibited acts results in death.
(b) Free use of timber. (1) Under section 303(a) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1733(a), any
individual who knowingly and willfully commits the prohibited acts
under 5511.4(b) of this title is subject to arrest and trial by the
United States Magistrate and, if convicted, shall be subject to a fine
of not more than $100,000, or not more than $250,000 if commission of
the prohibited acts results in death, in accordance with the applicable
provisions of the Sentencing Reform Act of 1984 (18 U.S.C. 3551 et
seq.), or imprisonment not to exceed 12 months, or both, for each
offense, and any organization that commits these prohibited acts is
subject to arrest and trial by the United States Magistrate and, if
convicted, shall be subject to a fine of not more than $200,000, or not
more than $500,000 if commission of the prohibited acts results in
death.
(2) Exceptions for mining and agriculture. This section shall not
prevent any miner or agriculturist from clearing his land in the
ordinary working of his mining claim, or in the preparation of his farm
for tillage, or from taking the timber necessary to support his
improvements, or the taking of timber for the use of the United States;
or take away any right or privilege under any existing law of the
United States to cut or remove timber from any public lands. Use or
taking of timber for these exceptions is subject to the regulations
provided in part 2920--Leases, Permits and Easements, part 3715--Use
and Occupancy of Mining Claims, subpart 3802--Exploration and Mining,
Wilderness Review Program, and/or subpart 3809--Surface Management.
(c) Timber removed or transported. Under 18 U.S.C. 1852, any
person:
(1) Who unlawfully cuts, or wantonly destroys, any timber growing
on the public lands of the United States;
(2) Who unlawfully removes any timber from said public lands, with
intent to export or dispose of the same; or
(3) Who, being the owner, master, pilot, operator, or consignee of
any vessel, motor vehicle, or aircraft or the owner, director, or agent
of any railroad, knowingly transports any timber unlawfully cut or
removed from said lands, or lumber manufactured therefrom; shall be
subject to arrest and trial by the United States Magistrate and, if
convicted, shall be subject to a fine of not more than $100,000, or not
more than $250,000 if commission of the prohibited acts results in
death, in accordance with the applicable provisions of the Sentencing
Reform Act of 1984 (18 U.S.C. 3551 et seq.), or imprisonment not to
exceed 12 months, or both, for each offense, and any organization that
commits these prohibited acts is subject to arrest and trial by the
United States Magistrate and, if convicted, shall be subject to a fine
of not more than $200,000, or not more than $500,000 if commission of
the prohibited acts results in death.
(d) Trees cut or injured. Under 18 U.S.C. 1853, whoever unlawfully
cuts, or wantonly injures or destroys any tree growing, standing, or
being upon any land of the United States which, in pursuance of law,
has been reserved or purchased by the United States for any public use,
or upon any Indian reservation, or lands belonging to or occupied by
any tribe of Indians under the authority of the United States, or any
Indian allotment while the title to the same shall be held in trust by
the Government, or while the same shall remain inalienable by the
allottee without the consent of the United States, shall be subject to
arrest and trial by the United States Magistrate and, if convicted,
shall be subject to a fine of not more than $100,000 in accordance with
the Sentencing Reform Act of 1984 (18 U.S.C. 3551 et seq.), or
imprisonment not to exceed 12 months, or both, for each offense, and
any organization that commits these prohibited acts is subject to
arrest and trial by the United States Magistrate and, if convicted,
shall be subject to a fine of not more than $200,000.
[FR Doc. 95-24289 Filed 9-28-95; 8:45 am]
BILLING CODE 4310-84-P
