94-3358. Prohibitions; Law Enforcement Support Activities  

  • [Federal Register Volume 59, Number 32 (Wednesday, February 16, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-3358]
    
    
    [[Page Unknown]]
    
    [Federal Register: February 16, 1994]
    
    
    _______________________________________________________________________
    
    Part III
    
    
    
    
    
    Department of Agriculture
    
    
    
    
    
    _______________________________________________________________________
    
    
    
    Forest Service
    
    
    
    _______________________________________________________________________
    
    
    
    36 CFR Parts 261 and 262
    
    
    
    Prohibitions: Law Enforcement Support Activities; Proposed Rule
    DEPARTMENT OF AGRICULTURE
    
    Forest Service
    
    36 CFR Parts 261 and 262
    
    RIN 0596-AA75
    
     
    
    Prohibitions; Law Enforcement Support Activities
    
    AGENCY: Forest Service, USDA.
    
    ACTION: Proposed rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: This proposed rule would provide a comprehensive revision of 
    the acts prohibited on the National Forest System enforced by personnel 
    of the Forest Service. These proposed revisions respond to emerging law 
    enforcement issues, the enactment of new laws, and the promulgation of 
    new rules that have occurred since the subject rules were last revised. 
    The intent of these rules is to adequately protect National Forest 
    System resources, the public who uses the National Forest System, and 
    the employees who administer it. Public comment is invited.
    
    DATES: Comments must be received in writing by April 18, 1994.
    
    ADDRESSES: Send written comments to F. Dale Robertson, Chief (5300), 
    Forest Service, USDA, P.O. Box 96090, Washington, DC 20090-6090.
        The public may inspect comments received on this proposed rule in 
    the Office of the Director, Fiscal and Public Safety Staff, room 605, 
    1621 North Kent Street, Arlington, VA, during regular business hours (8 
    a.m. to 4:30 p.m.), Monday through Friday.
    
    FOR FURTHER INFORMATION CONTACT:
    Jack Gregory, Law Enforcement and Investigations Staff, (912) 267-2471 
    or Kathryn Toffenetti, Office of the General Counsel, Natural Resources 
    Division, (202) 720-2651.
    
    SUPPLEMENTARY INFORMATION: 
    
    Law Enforcement Activities on the National Forest System
    
    Promulgation of Rules
    
        In order to carry out the agency's statutory mission, it has long 
    been necessary to promulgate rules setting forth those acts that are 
    prohibited on the National Forest System. These rules are integral to 
    Forest Service efforts to protect resources, facilities, employees, and 
    the public. The primary authority for the Secretary to promulgate such 
    rules is found at 16 U.S.C. 551. Violators of these rules can be 
    punished by imprisonment for a term not to exceed six months and are 
    subject to a range of fines as a result of the enactment of the 
    Comprehensive Crime Control Act of 1984 (18 U.S.C. 3559, 3571).
    
    Jurisdiction of National Forests
    
        Both Federal and State laws apply to the national forests (16 
    U.S.C. 480), that is, both Federal and State criminal and civil 
    jurisdiction apply to persons within the national forests. Generally, 
    State enforce State laws, while Federal officers enforce Federal laws 
    and regulations. In most cases, the Forest Service enforces laws and 
    regulations relating to its resource protection responsibilities. Some 
    prohibitions established in certain State laws may also be appropriate 
    subjects of Federal regulation. There are several Forest Service 
    prohibited acts that rely on the existence of a particular State law 
    for definition, for example, 36 CFR 261.13(i) prohibits the operation 
    of any vehicle off Forest Development, State or County roads ``in 
    violation of State law established for vehicles used off roads.'' Thus, 
    in some instances, an act or omission by a national forest visitor may 
    be regulated by both Federal and State governments.
        Forest officers cooperate fully with State, local, and other 
    Federal agencies in executing their responsibilities related to the 
    National Forest System. With the enactment of the Cooperative Law 
    Enforcement Act in 1971 (16 U.S.C. 551a), the Forest Service has 
    entered into reimbursable agreements with some State and local agencies 
    (usually a county sheriff's office) for the protection of persons and 
    their property on the National Forest System where the existence of 
    forest attractions and facilities account for an extraordinary amount 
    of visitor use. These agreements provide an avenue to assist local 
    jurisdictions that are impacted by these attractions. During the past 
    several years, however, it has become evident that reimbursement 
    through the Cooperative Law Enforcement program cannot alone provide 
    the level of protection that should be afforded the public in Forest 
    Service recreation areas. For example, when a forest visitor is 
    victimized by theft of personal property or an assault and the local 
    enforcement authority is unable to respond, there are often trained and 
    equipped Forest Service law enforcement personnel in the immediate area 
    at the time of the incident. These victims are often assisted by Forest 
    officers who initiated what action they can, given the current scope of 
    the prohibitions.
    
    Need For Revision of Rules
    
        Pursuant to Departmental Regulation 1512-1, the Forest Service has 
    reviewed 36 CFR Part 261--Prohibitions and 36 CFR Part 262--Law 
    Enforcement Support Activities to determine their current applicability 
    in view of new and changing laws, conditions, and other factors 
    affecting the management of the National Forest System, employees, and 
    the general public. By letter of September 8, 1987, the Chief of the 
    Forest Service asked each Regional and Washington Office staff unit to 
    review the current rules and to make suggestions on any needed 
    revisions. This Service-wide review has revealed a need to revise the 
    rules in order to more effectively respond to recent changes in laws, 
    regulations and policy, and emerging law enforcement issues.
    
    Protection of Forest Users and Visitors
    
        Without exception, Forest Service regions cited an inadequate 
    regulatory basis for conducting law enforcement activities in certain 
    areas when State and local authorities are unable to provide law 
    enforcement services associated with violations of State or local law 
    occurring on the National Forest System. This situation occurs as a 
    result of a number of factors, one being the inability of small local 
    law enforcement agencies to respond quickly to all but the most violent 
    of crimes against users (murder, rape and other assaults). Many local 
    law enforcement agencies find that their limited personnel, the distant 
    location of Forest Service areas, and the seasonal nature of use these 
    areas receive are impediments to rapid response to crimes committed on 
    the National Forest System. When State and local law enforcement units 
    cannot respond promptly, and trained and equipped Forest officers are 
    at a location where persons need help or encounter criminal activity 
    affecting those persons, the Forest Service should be in a position to 
    render emergency assistance. Because Forest officers generally cannot 
    enforce State laws, the agency needs rules which will make certain 
    State crimes violations of Forest Service regulations. The authority 
    provided by 16 U.S.C. 551 allows regulating occupancy and use even if 
    such regulation is not necessary for the protection of forest resources 
    (United States v. Hymans, 463 F.2d 615 (10th Cir. 1972)). To prohibit, 
    for example, the theft of visitors' personal property is a reasonable 
    regulation of the use of the forests and should help to keep visits to 
    the national forests enjoyable.
    
    Expanded Forest Service Law Enforcement Authority
    
        There is a need to revise the regulations to reflect expanded 
    authority granted by statutes enacted since the rules were last 
    revised, specifically, certain provisions of the Comprehensive Crime 
    Control Act of 1984 (18 U.S.C. 3559, 3571), and the National Forest 
    System Drug Control Act of 1986 as amended (16 U.S.C. 559b-g).
    
    Technical Corrections
    
        There is a need to make technical corrections in terminology and 
    citations in several places in the rules, including revising the 
    Authority citations for both parts.
    
    Felony Case Prosecution Requests
    
        There is a need to incorporate certain statutes contained in the 
    Federal Criminal Code into agency rules to facilitate enforcing such 
    statutes as misdemeanors rather than as felonies. This will help reduce 
    agency felony case prosecution requests presented to the U.S. 
    Department of Justice as well as provide for a speedier resolution of 
    certain cases. Examples of these kinds of cases include intimidation 
    and impersonation of Forest Service employees, use of controlled 
    substances, unauthorized use of Forest Service computer systems, and 
    thefts of certain government property or resources.
    
    Section-by-Section Analysis of Proposed Rule
    
        The proposed rule would amend two parts of Chapter II of Title 36 
    of the Code of Federal Regulations: Part 261--Prohibitions, and Part 
    262--Law Enforcement Support Activities. A section-by-section 
    discussion of the changes proposed to each part follows.
    
    Part 261--Prohibitions
    
        Subpart A of this part sets forth acts and omissions that are 
    prohibited throughout the National Forest System. Subpart B grants 
    authority to Regional Foresters and Forest Supervisors to issue orders 
    and regulations prohibiting certain acts in specific areas.
    
    Subpart A--General Prohibitions
    
    Section 261.1  Scope
        This section establishes when the prohibitions of the subpart 
    apply. The punctuation in paragraphs (a)(1) through (a)(4) would be 
    revised to make clear that the conditions set forth in Sec. 261.1(a) 
    are in the alternative (i.e. that all conditions need not apply, just 
    any one of them).
        Paragraph (a)(3) currently provides that the rules of the subpart 
    apply to an act or omission that affects, threatens, or endangers 
    persons using the National Forest System or Forest development roads or 
    trails or persons engaged in the protection, maintenance, or 
    administration of such. As written, the rule protects Forest Service 
    employees only when they are engaged in their duties and does not apply 
    to situations where Forest Service employees are threatened or 
    intimidated during ``off-duty'' hours as a result of an action taken 
    while they were on duty. This situation can be remedied by revising 
    paragraph (a)(3) to refer in paragraph (a)(3)(ii) to threats to or 
    endangerment of persons engaged in or on account of the performance of 
    official duties including the administration of the National Forest 
    System.
        Existing paragraph (a)(4) would be revised to clarify that these 
    regulations apply within the boundaries of those components of the 
    National Trails System or the National Wild and Scenic Rivers System 
    that are administered by the Forest Service.
        A new paragraph (a)(5) would be added to provide the agency a means 
    of protecting personal property of forest users in the absence of a 
    response by local law enforcement agencies. At present, if a forest 
    user has personal property stolen or damaged (for example, an ice chest 
    or sports equipment) the Forest Service must rely on State or local law 
    enforcement personnel to investigate and charge the person responsible. 
    However, in many cases, local law enforcement agencies do not have the 
    resources to investigate these cases in a timely manner, and while the 
    Forest Service has authority to investigate the case, it presently has 
    no basis in its regulations for charging a person with misdemeanor 
    theft. This is understandably a source of frustration to forest 
    visitors victimized by theft, especially when trained and equipped 
    Forest officers may be in the area where the theft or incident occurred 
    and are able to identify the person(s) responsible. This addition to 
    the rule would bridge this gap in law enforcement in those cases where 
    local law enforcement agencies cannot respond in a timely manner.
        Paragraph (b) of existing Sec. 261.1 exempts certain activities 
    allowed for by statute that otherwise may be a violation of this part. 
    The paragraph currently cites The Wilderness Act of 1964 and the Mining 
    Law of 1872. The provisions of other laws which would also apply are 
    not included. The paragraph would be revised to make clear the agency's 
    intent to exempt from the prohibitions of this part any activity that 
    is conducted in compliance with other regulations set forth in chapter 
    II.
        A new paragraph (c) would be added to make clear that the existence 
    of these rules does not prevent the Federal Government from proceeding 
    with necessary criminal action codified in Federal statutes rather than 
    under these regulations. This revision is necessary to comport with the 
    fact that the United States Department of Justice determines when the 
    Federal Government should pursue criminal sanctions under Federal 
    statute.
        A new paragraph (d) would be added to clarify that unless intent is 
    stated in specific provisions, strict liability applies to these 
    regulations. The prohibited acts set forth in 36 CFR part 261 are 
    offenses in the nature of neglect where the law requires care, or are 
    offenses in the nature of inaction where the law imposes a duty 
    (Morisette v. United States, 341 U.S. 262 (1952)). Such offenses 
    ``render[s] criminal a type of conduct that a reasonable person should 
    know is subject to stringent public regulation and may seriously 
    threaten the community's health or safety,'' (Liparota v. United 
    States, 471 U.S. 419, 426 (1985)). Thus, for example, a prohibition of 
    unauthorized livestock on national forest land without regard to 
    whether a person intended to place such livestock there would tend to 
    ensure that a person exercises diligence to prevent resource damage. A 
    person should know that the use of Federal lands is subject to 
    stringent regulation, and that action or inaction in violation of such 
    regulations can cause irreparable harm to the public or the land and 
    its resources.
        No other revisions are proposed to this section.
    Section 261.1a  Special Use Authorizations, Contracts and Operating 
    Plans
        The term ``operating plans'' in the heading and text of this 
    section would be changed to ``plans of operations'' in order that one 
    standardized term can be used throughout this part to describe the 
    various documents authorizing mineral related operations conducted 
    pursuant to 36 CFR part 228 or 36 CFR part 292, subpart D. The last 
    sentence of this paragraph would be removed as it duplicates 
    information contained in other parts of 36 CFR and does not pertain to 
    law enforcement on the National Forest System.
        No other revisions are proposed to this section.
    Section 261.1b  Penalty
        This section currently states the penalty for violating these rules 
    in the words of 16 U.S.C. 551: ``Any violation of the prohibitions of 
    this part (261) shall be punished by a fine of not more than $500 or 
    imprisonment for not more than six months or both * * *.'' However, the 
    enactment of the Comprehensive Crime Control Act of 1984, as amended, 
    established categories of offenses based on the maximum amount of 
    imprisonment for each offense (18 U.S.C. 3559). Offenses with a maximum 
    term of six months of imprisonment, such as those offenses covered by 
    these regulations, are now considered ``Class B Misdemeanors'' (the 
    subject rules were formerly classified as petty offenses, 18 U.S.C. 
    3559(a)(7)). The statutory language of 18 U.S.C. 3571 prescribes a 
    range of fines for Class B Misdemeanors depending on specific 
    circumstances associated with the violation. The proposed revision to 
    this section reflects this statutory change and provides for an 
    exception by including the words ``unless otherwise provided'' which, 
    for example, would apply to the enforcement of the collection of fees 
    authorized by the Land and Water Conservation Act (36 CFR 261.15). A 
    failure to pay such a fee is an infraction, which allows for a range of 
    fines pursuant to 18 U.S.C. 3571 but does not allow for imprisonment of 
    the offender.
        No other revisions are proposed to this section.
    Section 261.2  Definitions
        Two existing definitions would be revised and twelve new 
    definitions would be added to conform to various amendments that are 
    proposed elsewhere in the subpart:
        The term ``Damaging'' would be revised to add the words ``rut'' and 
    ``gouge'' to better define damage to roadways and property.
        The last sentence of the definition for the term ``National Forest 
    System'' would be revised to conform to the definition established in 
    the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 
    U.S.C. 1609(a)).
        The term ``Alcoholic beverage'' would be added to clarify which 
    beverages are intended to be covered in the prohibition against 
    possession and use of alcoholic beverages at 36 CFR 261.58(bb). In the 
    absence of a definition in this section, the Forest Service has relied 
    on defining alcoholic beverage by reference to State law. The intention 
    was to prohibit possession of all forms of alcoholic beverages when 
    provided by an order; yet in some states, the definition of alcoholic 
    beverages does not include beer and wine. This inconsistent treatment 
    of ``alcoholic beverage'' in the present rule can be remedied by 
    defining alcoholic beverages as ``beer, wine, distilled spirits, and 
    any other beverage defined as such by State law.''
        The term ``Computer'' would be added to clarify the type of 
    machines covered under two new proposed rules in 36 CFR 261.9. The 
    definition is the same as the definition at 18 U.S.C. 1030.
        The term ``Contraband'' would be added to support a proposed 
    revision at 36 CFR 261.4(c).
        The term ``Controlled substance'' would be added so that possession 
    of drugs may be handled through a United States Magistrate judge by the 
    issuance of a violation notice, rather than by proceeding under the 
    simple possession statute at 21 U.S.C. 844, which requires either the 
    filing of a complaint or information, or indictment by a Federal grand 
    jury. The definition is the same as that used at 36 CFR 1.4.
        The terms ``Endangered species,'' ``Threatened species,'' and 
    ``Sensitive species'' would be added to implement the rules at 36 CFR 
    261.9 (a) and (b). The current rule refers to these terms, but does not 
    provide definitions. The proposed rule defines Endangered species and 
    Threatened species as those species designated as such by the Secretary 
    of the Interior or the Secretary of Commerce. The proposed definition 
    for Sensitive species is the same as in the Forest Service Manual, 
    section 2670.5.
        The terms ``Guiding'' and ``Outfitting'' would be defined to 
    indicate to the public and the courts the intended prohibited acts when 
    engaging in such activities without a special use authorization. The 
    definitions proposed parallel those found in the Forest Service Special 
    Uses Handbook (FSH 2709.11).
        A definition of the term ``Intimidating'' would be added to clarify 
    the prohibited acts covered by this term.
        The term ``Plan of operations'' would be added in order that one 
    standardized term can be used throughout this part to describe the 
    various documents authorizing mineral-related operations conducted 
    pursuant to 36 CFR part 228 or 36 CFR part 292, subpart D.
        The term ``Scenic easement'' would be added to support two proposed 
    rule additions at 36 CFR 261.9(i) and 36 CFR 261.10(r) which provide 
    for the enforcement of requirements or prohibitions associated with 
    such easements.
    Section 261.3  Interfering With a Forest Officer, Volunteer, or Human 
    Resource Program Enrollee or Giving False Report to a Forest Officer
        As currently written, this section prohibits interference with a 
    Forest officer, interference with a volunteer or human resource 
    employee, and the giving of a false report to a Forest officer. It is 
    proposed to revise the section's heading to read ``Interfering with 
    agency functions'' for clarity and brevity.
        Existing paragraph (a) would be revised to combine the two ``Forest 
    officer'' and ``volunteer'' interference rules currently found at 
    paragraphs (a) and (c) into a single prohibition.
        Existing paragraph (b) would be revised for clarity.
        Two additions are proposed for this section. A new paragraph (c) is 
    proposed to support on-site control of the public and maintain order 
    during firefighting, law enforcement, or other operations.
        A new paragraph (d) is proposed to prohibit the impersonation of 
    Forest officers, volunteers, or human resource program enrollees. At 
    present, the only option available to the agency is to prosecute an 
    impersonation as a felony (18 U.S.C. 912). The proposed regulation 
    would provide the opportunity, where appropriate, to treat these cases 
    as misdemeanors, rather than to proceed under felony statutes.
        No other revisions are proposed to this section.
    Section 261.4  Disorderly Conduct
        The proposed changes to Sec. 261.4 result from situations 
    encountered by Forest officers, usually in developed recreation areas, 
    that require immediate attention such as breach of the peace or other 
    illegal activity which, if not resolved, threatens the health, safety, 
    rights, or enjoyment of forest users. Usually, Forest officers 
    encounter these situations due to the unavailability of State or local 
    authorities to patrol recreation areas. Often Forest officers are the 
    only recognized authority with law enforcement responsibilities that 
    the public may encounter. In other cases where State authorities do 
    perform patrols, they may not be in a given location when law 
    enforcement action must be taken, requiring Forest officers to initiate 
    action until the State or local authority can arrive. The above 
    scenarios are occurring routinely in some Forest Service recreation 
    areas, and while the agency has the authority to regulate activity of 
    this nature, it has no current regulations on which to support actions 
    being taken by employees.
        The section heading would be revised to read ``Public behavior'' to 
    encompass the broader area of prohibited conduct included in the 
    proposed rule.
        Existing paragraph (a) would be revised to include the words ``or 
    any other violent behavior'' in addition to prohibiting ``fighting.''
        Existing paragraph (b) currently prohibits ``offensive, derisive or 
    annoying communication.'' The proposed revision of this paragraph is a 
    narrower approach, identifying with more specficity the types of 
    language or action that is prohibited and adding the element of intent 
    to cause, or knowingly or recklessly creating the risk of, public 
    alarm, nuisance, jeopardy or violence.
        Existing paragraph (c), which prohibits making ``statements or 
    other actions directed toward inciting or producing imminent lawless 
    action'' would be removed, as this provision would be covered in 
    revised paragraph (b).
        A new paragraph (c) is proposed to prohibit the possession, 
    selling, cultivation, dispensing, or bartering of controlled 
    substances, alcoholic beverages, or contraband if such acts are a 
    violation of State or Federal law. While the Forest Service has the 
    authority to investigate controlled substance violations under the 
    National Forest System Drug Control Act of 1986, as amended, and make 
    arrests under that Act, it may not be practical to prosecute all as 
    felony cases, such as the possession of small amounts of controlled 
    substances intended for personal use. Therefore, the agency proposes to 
    establish a rule which provides for a misdemeanor penalty. Alcoholic 
    beverages have been included as the agency is currently without a rule 
    prohibiting underage consumption or possession of alcoholic beverages 
    in violation of State or Federal law on the National Forest System. 
    Forest Service regions report continuing problems in both developed and 
    undeveloped areas pertaining to large ``keg'' parties and other parties 
    where underage alcoholic consumption is occurring. In many cases, State 
    and local officers are unavailable to take the necessary enforcement 
    actions in order to protect other forest users who are affected by this 
    problem. The rule would also prohibit the possession of contraband 
    (i.e. where the very possession of an item is illegal, as defined by 
    either State or Federal law). Some examples of included items would be 
    certain animal parts or unregistered automatic weapons.
        A new paragraph (e) would be added prohibiting ``being under the 
    influence of any controlled substance or alcoholic beverage,'' if it is 
    a violation of either State or Federal law. This would be a companion 
    rule with the proposed new paragraph (c) and is needed for the same 
    reasons.
        Finally, new paragraphs (f) and (g) would be added to allow for 
    federal prosecutions of persons who victimize forest visitors or other 
    persons and their property on the National Forest System.
        No other revisions are proposed to this section.
    Section 261.5  Fire
        One change is proposed to this section. As written, paragraph (b) 
    prohibits the firing of tracer or incendiary ammunition. The wording of 
    the paragraph requires that a Forest officer must prove that a person 
    actually ``fired'' the ammunition, something that is very hard to do. 
    Accordingly, this prohibition would be expanded to prohibit the 
    possession of tracer or incendiary ammunition as well. The possession 
    of tracer or incendiary ammunition on the National Forest System can be 
    harmful to persons as well as resources and is clearly not within the 
    public interest. If persons are prohibited from possessing such 
    ammunition, there is less likelihood of it being fired.
    Section 261.6  Timber and Other Forest Products
        Existing paragraphs (a) and (h) would be revised to include the 
    term ``approved plan of operations'' and ``permit'' as exceptions to 
    the stated prohibited acts.
        Paragraph (c) currently prohibits removing timber or other forest 
    product except to a place designated for scaling. As some forest 
    products are recorded by means other than scaling, a proposed revision 
    to this paragraph would clarify that it is prohibited to remove such 
    products except to a place designated for scaling or other means of 
    recording by a forest officer.
        Paragraph (d) currently prohibits the marking of trees or other 
    forest products to be cut or removed in a manner similar to that 
    employed by Forest officers. This paragraph would be revised to 
    prohibit the counterfeit marking of trees to be left uncut on a timber 
    sale. During the past 2 years, at least one Forest Service region has 
    encounter numerous markings of ``leave'' trees on timber sales that 
    were never marked by Forest Service personnel. Investigation or later 
    communication to the agency by the person(s) claiming responsibility 
    revealed that these markings were made to hamper Forest Service timber 
    sales efforts by trying to confuse timber sale purchasers as to which 
    trees could be cut and which trees were to be left. Where this has 
    occurred, Forest officers have had to re-mark portions of timber sales 
    incurring additional agency costs.
        Paragraph (e), which prohibits the removal or hauling of timber or 
    other forest products unless it is properly identified by the terms of 
    a special use authorization or contract, would be revised for clarity 
    by removing the word ``hauling'' and adding in its place the words 
    ``transporting'' and ``possessing.'' The revision is needed to better 
    define the offense and to make clear that possession of forest products 
    without the proper identification as required by a special use 
    authorization or timber sale contract is prohibited.
        A new paragraph (i) is proposed to prohibit ``altering, adding, 
    moving, or removing any stamp, brand, paint, timber sale boundary 
    marker or tag, or other identification on any tree * * * previously 
    marked or surveyed by a Forest officer * * *.'' This addition is needed 
    due to the increasing number of cases where legitimate brands, paint, 
    and timber sale boundary markers have been altered, moved, or removed. 
    In pursuing such cases, the agency has discovered that the current 
    rules do not adequately address this practice.
        No other revisions are proposed to this section.
    Section 261.7  Livestock
        Paragraph (a) currently prohibits ``placing or allowing 
    unauthorized livestock to enter or to be in the National Forest System 
    * * *.'' In a recent Ninth Circuit Court of Appeals case (United States 
    v. Semenza, 835 F.3d 223 (9th Cir. 1987)), the court stated that the 
    inclusion of the words ``placing'' and ``allowing'' required the 
    government to prove that the livestock owner meant to violate this rule 
    intentionally. This interpretation is not consistent with the agency's 
    intent; therefore paragraph (a) would be revised by removing the words 
    ``placing'' or ``allowing'' to make clear that unauthorized livestock 
    are prohibited without regard to whether a person intended to place or 
    allow such livestock on National Forest System lands.
        No other revisions are proposed to this section.
    Section 261.8  Fish and Wildlife
        Paragraph (a) currently prohibits the ``hunting, trapping, fishing, 
    catching, molesting, killing, or having in possession any kind of wild 
    animal, birds, or fish'' to the extent that Federal or State laws are 
    violated. Under the proposed rule, this paragraph would be expanded to 
    include the words ``transporting, buying, selling, bartering, or 
    offering to buy'' wild animals, birds, or fish to cover additional 
    activities prohibited by State or Federal laws which Forest officers 
    routinely encounter in the field. The revision would also add 
    ``shellfish'' to the existing rule, as there are several large 
    shellfish beds on the National Forest System in Washington State, and 
    these are not protected under the current rule.
        No other revisions are proposed to this section.
    Section 261.9  Property
        The heading of this section would be revised to read ``Property 
    administered by the Forest Service'' to clarify that the prohibitions 
    apply to United States Government property rather than to the personal 
    property of a forest visitor. In addition, the introduction to the 
    section would be revised to state: ``Except as provided by special use 
    authorization, contract, approved plan of operations, or Federal law or 
    regulation, the following are prohibited * * *.'' This revision is 
    proposed so these authorizing documents only have to be stated once in 
    the section, rather than in each paragraph.
        Existing paragraph (a) would be revised and combined with existing 
    paragraph (b) and expanded to prohibit ``disturbing, damaging, 
    excavating, diggings, removing, transporting, possessing, buying, 
    selling, bartering, or offering to buy, sell, or barter any natural 
    feature or other property of the United States.'' By incorporating this 
    change into part 261, the agency will be able to cite persons for 
    property violations as misdemeanors rather than as felonies under the 
    United States Criminal Code (18 U.S.C. 641 and 1361) when appropriate.
        Existing paragraph (c) would be revised and combined with existing 
    paragraph (d) and redesignated as paragraph (b). The paragraph would 
    also include a corollary addition of the words ``disturbing, damaging, 
    excavating, digging, removing, transporting, possessing, buying, 
    selling, bartering, or offering to buy, sell, or barter any plant that 
    is classified as a threatened, endangered, or sensitive species.'' This 
    revision would replace the terms ``rare'' and ``unique'' with the term 
    ``sensitive'' in order to reflect a change in agency terminology since 
    adoption of the current rule (Forest Service Manual, section 2670.5). 
    Plants that once were identified as ``rare'' or ``unique'' have been 
    placed on ``sensitive'' plant lists established and maintained by each 
    Regional Office of the Forest Service.
        Existing paragraph (e) would be redesignated as paragraph (d) and 
    revised by adding the words ``without permission'' to remove an 
    ambiguity in the current rule. The proposed rule would make clear that 
    employees and contractors may be permitted to occupy Forest Service 
    buildings and offices after closing hours.
        Existing paragraph (f) would be revised for clarity and 
    redesignated as paragraph (e).
        Existing paragraphs (g), (h), and (i) would be combined and revised 
    for clarity and redesignated as new paragraph (c).
        Four new provisions are proposed for this section. A new paragraph 
    (f) would prohibit the possession, duplication, or use of Forest 
    Service locks and keys without authorization. All Forest Service 
    regions are experiencing significant problems with the unauthorized use 
    of these items. The only remedy currently available is under the 
    provisions of 18 U.S.C. 641, which requires the agency to prove that an 
    actual theft of government property has occurred. These kinds of cases 
    can best be handled as misdemeanors rather than as felonies; therefore, 
    inclusion in part 261 of a prohibition on unauthorized possession, 
    duplication, and use of Forest Service locks and keys is appropriate.
        New paragraph (g) and (h) are proposed to parallel, as 
    misdemeanors, a relatively new computer fraud law found at 18 U.S.C. 
    1030. The statute requires that unauthorized access must ``affect the 
    use of the government's operation * * * of a computer.'' The statute 
    also did not provide for prosecution under a misdemeanor charge. The 
    addition of paragraphs (g) and (h) in part 261 would allow the agency 
    to initiate action where there has been unauthorized use regardless of 
    the effect of the use on the government's operation of a computer, and 
    would provide a means for prosecution of such use as a misdemeanor. The 
    definition of ``computer'' proposed for inclusion in Sec. 261.2 is the 
    same as in 18 U.S.C. 1030.
        The addition of paragraph (i) would provide a prohibition against 
    performing an action or failing to perform an action in violation of 
    any restrictive covenants or deed reservations associated with scenic 
    easements. There are many instances when there are blatant, but minor, 
    violations of a scenic easement (e.g. installation of signs, use of 
    unauthorized paint colors, etc.) which can be resolved more efficiently 
    through the issuance of a citation rather than through the initiation 
    of a lawsuit.
        Finally, new paragraph (j) is proposed to make it clear that 
    removal of minerals or mineral materials from the National Forest 
    System is prohibited unless done in compliance with laws and 
    regulations. To be in compliance, a person may need to obtain an 
    approved plan of operations or operating plan in accordance with 36 CFR 
    part 228, subparts A, C, or E, 36 CFR part 292, subpart D, or a permit 
    or lease issued by the Department of the Interior in accordance with 43 
    CFR chapter II, subchapter C.
        No other revisions are proposed to this section.
    Section 261.10  Occupancy and Use
        The prohibitions in this section relate to occupancy and use of the 
    National Forest System by persons or entities other than the Forest 
    Service. The introductory text immediately following the heading would 
    be revised to include the same language as proposed for Sec. 261.9 for 
    the reasons outlined in that section.
        Paragraph (b) would be revised for clarity to include ``residing 
    upon'' the National Forest System as a prohibited act.
        Paragraph (c) would be revised to add the words ``leasing,'' 
    ``merchandise,'' ``equipment,'' and ``renting'' to update the existing 
    rule on activities prohibited without authorization.
        Paragraph (d) would be revised to remove the prohibition against 
    the discharge of a firearm across or on a Forest development road 
    unless ``any person or property is exposed to injury or damage * * *.'' 
    The blanket prohibition against any discharge has created a significant 
    problem in several Forest Service regions as a ``Forest development 
    road'' includes closed roads, traffic service level ``D'' roads, and 
    other similar roads that have little or no vehicular use. Because of 
    the limited traffic, hunting along these roads is not considered to be 
    a safety problem. The proposed revision would add a prohibition against 
    the discharge of a firearm from a vehicle and then make clear that the 
    current prohibition against discharging a firearm ``in any manner or 
    place whereby any person or property is exposed to injury or damage as 
    a result of such discharge or use,'' applies to any location in the 
    National Forest System.
        Paragrph (k) would be revised to change the term ``operating plan'' 
    or ``plan of operations.''
        In addition to the preceding amendments, six new provisions are 
    proposed for this section. A new paragraph (n) would prohibit the 
    payment of any ``product, permit, fee or service'' by a check backed by 
    insufficient funds. Several Assistant United States Attorneys have 
    recommended this addition, as the only current remedy for such 
    practices is to pursue them through State courts, which has not been 
    efficient. There have been documented instances where the same user of 
    a group-fee area or campsite, knowing that the agency is unable to 
    initiate an effective collection action, has written bad checks two and 
    sometimes three years in a row.
        A new paragraph (o) would prohibit anyone from charging or 
    collecting fees from persons using the National Forest System, unless 
    the charge or collection is permitted by Federal law, regulation, or 
    special use authorization. In the past few years, there have been an 
    increasing number of cases where private individuals were successful in 
    obtaining ``payments'' from unsuspecting forest users for such things 
    as rafting, using four-wheel-drive roads, and walking across areas 
    under special use authorization, none of which required payment of a 
    fee. This rule is needed to protect the public from unlawful fees by 
    providing a means for prosecuting those engaging in such schemes.
        A new paragraph (p) would be added to provide for the prosecution 
    of a failure to display an authorizing document when it is required by 
    the document to do so.
        A new paragraph (q) would prohibit ``outfitting or guiding'' on the 
    National Forest System without a special use authorization or in 
    violation of Federal or State law. This proposal was probably the 
    addition most widely requested by the Forest Service regions. 
    Considerable problems have existed in the enforcement of the 
    requirement that outfitting and guiding be conducted under special use 
    authorization due to the lack of a definition for the two activities. 
    The approach taken in the proposed rule is to define ``outfitting and 
    guiding'' at 36 CFR 261.2 and then to prohibit these activities without 
    a special use authorization at 36 CFR 261.10.
        A new paragraph (r) would be added to prohibit the undertaking of 
    any activity in violation of the requirements of a scenic easement. 
    This is a companion rule to the proposed 36 CFR 261.9(i) and is being 
    promulgated for the same reasons outlined in that paragraph.
        No other revisions are proposed to this section.
    Section 261.11  Sanitation
        Existing paragraph (b) would be revised to establish a general 
    prohibition against litering. The current text provides that a Forest 
    officer may take action only against persons who leave ``litter in an 
    exposed or unsanitary condition.'' This has proven insufficient to 
    protect the National Forest System from littering.
        No other revisions are proposed to this section.
    Section 261.12  Forest Development Roads and Trails
        Existing paragraph (a) would be revised to add the terms 
    ``contract'' and ``approved plan of operations'' to the list of 
    authorizing documents, correcting an unintentional omission.
        A new paragraph (e) is proposed to establish a rule prohibiting the 
    operation of a vehicle in violation of State laws, posted signs, or 
    traffic devices. Although local authorities are relied on, when 
    possible, to enforce traffic regulations, there are many times when it 
    is not possible or practical to obtain their help, making Forest 
    Service enforcement necessary. For example, reckless driving is a 
    matter that needs immediate action when it is spotted by a trained and 
    properly equipped Forest officer to ensure safe travel for other road 
    users. Since State laws are applicable to Forest development roads, 
    they could be enforced by Forest officers, when necessary, through 
    adoption of this proposed prohibition.
        The language proposed for new paragraph (f) currently appears at 36 
    CFR 261.54(f), which prohibits ``operating a vehicle carelessly, 
    recklessly, * * * or in a manner or at a speed that would endanger or 
    be likely to endanger any person or property.'' The paragraph would be 
    removed from subpart B, amended to clarify this is a strict liability 
    offense, and made a part of subpart A.
        A new paragraph (g) would require the use of seatbelts, if provided 
    by the manufacturer, for occupants of vehicles traveling on Forest 
    development roads. The prohibition would support State laws which 
    require the same, while ensuring safety and consistency by relying on a 
    single rule that would apply throughout the National Forest System. 
    Seatbelt laws vary from State to State. For example, some states exempt 
    the passengers of certain classes of vehicles from mandatory seatbelt 
    usage, while others, exempt certain passengers. In many areas on the 
    National Forest System, a Forest development road can cross State 
    boundaries. In these situations, reliance on some State seatbelt 
    statutes could lead to inconsistency and confusion. This provision will 
    ensure the protection afforded by seatbelts throughout the National 
    Forest System regardless of individual State laws.
        No other revisions are proposed to this section.
    Section 261.13  Use of Vehicles Off Roads
        Several changes are proposed to this section.
        Existing paragraph (a) would be revised to clarify the current 
    ``valid license'' requirement by referring to a ``valid operator's 
    license or permit,'' if required by State law.
        Existing paragraph (e) would be removed as the prohibition is 
    included in the proposal for Sec. 261.4(e).
        Existing paragraph (f) would remain unchanged but redesignated as 
    (e).
        Existing paragraph (g) would be revised and redesignated as (f). 
    The paragraph would contain the same language as proposed for 36 CFR 
    261.12(f). The revision, as proposed for this section, would provide a 
    consistent approach in the treatment of careless and reckless driving 
    throughout the National Forest System.
        Existing paragraph (h) would be revised and redesignated as (g). 
    The revision would better define the current prohibition of operating a 
    vehicle that disturbs the land or other resources.
        Existing paragraph (i) would remain unchanged but redesignated as 
    (h).
        One additional provision is proposed for this section. Many States 
    have passed special registration requirements for off-road vehicles. In 
    support of these requirements, a new paragraph (i) is proposed to 
    prohibit the operation of a vehicle without displaying a license plate 
    or the proper registration, if it is required by State law.
    Section 261.14  Developed Recreation Sites
        One change is proposed to this section.
        A new paragraph (r) would be added to prohibit the informal 
    reservation or ``staking-out'' of camping units by third parties. 
    Unless campsites are specifically designated for advanced reservations, 
    they are intended to be occupied on a first-come, first-served basis. 
    The ``staking out'' of campsites has become a continuing problem as 
    recreational use of National Forest System lands increases and is one 
    that visitors often bring to the attention of Forest officers for 
    resolution.
    Section 261.15  Admission, Recreation Use and Special Recreation Permit 
    Fees
        This section would be revised to require forest visitors to comply 
    with the ``posted fee payment instructions'' at developed sites and 
    facilities. This proposed revision would close a legal gap in the 
    current rule which prohibits ``failing to pay.'' This change responds 
    to several court decisions which have held that existing 36 CFR 261.15 
    requires payment, but does not require compliance with any other 
    payment instructions posted at each site.
    Section 261.22  Buildings Used in Furtherance of the Administration of 
    the National Forest System or Forest Service Programs
        This section would be added to the subpart to protect Forest 
    Service employees and facilities. The proposed addition paraphrases the 
    current General Services Administration building regulations at 41 CFR 
    subpart 101-20.3.
    
    Subpart B--Prohibitions in Areas Designated by Order
    
        This subpart grants authority to Regional Foresters and Forest 
    Supervisors to issue orders and regulations prohibiting certain acts in 
    specific areas. An explanation of the proposed revisions to this 
    subpart follows by section.
    Section 261.50  Orders
        Consistent with other revisions proposed throughout Subpart A, 
    paragraph (e)(1) would be revised to include the words ``special use 
    authorization,'' ``contract,'' ``approved plan of operations'', and 
    ``Federal law or regulation'' as the list of either authorizing 
    documents used by the Forest Service or to make clear that the order 
    may also exempt persons with authorization given by law or regulation.
    Section 261.53  Special Closures
        This section states, that when provided by an order, it is 
    prohibited to go into or be in an area which is closed for the 
    protection of certain animal populations or biological communities, 
    management activities, or public health and safety.
        Paragraph (a) currently states ``threatened, endangered, rare, 
    unique, or vanishing species of plants, animals, birds or fish.'' The 
    proposed revision would remove all the categories which are currently 
    listed and be revised to include simply ``plants, animals, birds, fish 
    or shellfish.'' This revision is needed as the current listed 
    categories are too narrow to provide effective protection to certain 
    species of animals during different times of year. For example, the 
    agency may wish to close a sensitive elk calving area during a specific 
    time of year, but are currently unable to do so because elk are not 
    ``threatened or endangered, etc.'' The proposed revision would remedy 
    this situation.
    Section 261.54  Forest Development Roads
        Three changes are proposed to this section.
        Paragraph (a) currently prohibits the use of any type of vehicle 
    upon the issuance of an order. This rule would be revised by adding the 
    words ``or possessing'' to the current text. In many cases, local 
    county ordinances prohibit the possession of certain types of vehicles 
    on lands either adjacent to or within a sensitive area, for example, 
    the possession of tracked vehicles or modified off-road vehicles within 
    a special wildlife or waterfowl habitat nesting area. The addition 
    would allow a Regional Forester or Forest Supervisor to issue a 
    specific order that prohibits the possession of a certain class of 
    vehicle, if needed to be consistent with a Forest Land and Resource 
    Management Plan or to support a local ordinance.
        Paragraph (c) currently prohibits using a road for commercial 
    hauling without a permit or written authorization upon the issuance of 
    an order. The rule would be revised by adding the words ``or other 
    commercial activities'' to the current text. Authorization for 
    commercial use of Forest development roads should not be limited to 
    hauling a product; other commercial use such as transporting heavy 
    equipment should also be subject to this requirement.
        Finally, paragraph (f), which prohibits careless or reckless 
    driving, would be removed because, as previously noted, it is proposed 
    to make this a general prohibition in Sec. 261.12.
    Section 261.58  Occupancy and Use
        Paragraph (m) allows for the issuance of an order to prohibit the 
    ``discharge of a firearm, air rifle, or gas gun.'' Under the proposed 
    rule, this paragraph would be revised to read ``discharging or 
    possessing a firearm, air rifle, gas gun, or other device capable of 
    causing injury to persons or wildlife or capable of causing property 
    damage.'' For example, the addition of the prohibition against 
    ``possessing'' is necessary for wildlife protection at certain times of 
    the year on different national forest units and for public safety in 
    areas of higher visitor use or when property would be easily damaged by 
    firearms and other devices shooting projectiles. The addition of ``or 
    other device'' is necessary to support the inclusion of devices, such 
    as starter pistols and crossbows, which can cause serious bodily harm 
    or death if used. And finally, the addition of ``capable of causing 
    injury to persons or wildlife or capable of causing property damage'' 
    is necessary to specify more precisely the type of device to which the 
    prohibition would apply.
        Paragraph (bb) would be revised to adopt the new definition of 
    ``alcoholic beverage'' proposed at 36 CFR 261.2.
        A new paragraph (dd) would be added to prohibit the storage of 
    personal property in any area outside of a national forest developed 
    recreation site when prohibited by an order. Similar to the problem 
    within developed recreation sites addressed by proposed Sec. 261.14(r), 
    is the ``staking out'' of popular sites by users several weeks in 
    advance of when they are to be occupied for hunting or other 
    activities. Often, other users desiring to camp in the same area are 
    unable to do so because of this activity. This rule is proposed for 
    Subpart B, because of the site-specific nature of the problem and the 
    need for flexibility to prescribe different lengths of time for each 
    area.
        A new paragraph (ee) would be added to enable a Regional Forester 
    or Forest Supervisor to issue an order prohibiting the possession, 
    storage, or use of glass food or beverage containers. The rule is 
    proposed in light of serious safety hazards presented by broken glass 
    in heavily used beaches and swimming areas and the need to prevent 
    injuries from cuts to persons recreating in these areas.
        No other revisions are proposed to this section.
    
    Part 262--Law Enforcement Support Activities
    
        This part provides administrative rules pertaining to certain 
    operational matters affecting Forest Service law enforcement programs 
    and activities.
    Section 262.1  Definitions
        A new definition section would be added to provide for definitions 
    of ``Law Enforcement Officer'' and ``Special Agent.'' The definitions 
    are needed in the regulation to support the section on purchase of 
    evidence.
        Existing Sec. 262.1 would be redesignated as Sec. 262.2.
        Existing Sec. 262.2, which governs the purchase of information in 
    furtherance of investigations, would be revised and combined with 
    Sec. 262.3, which governs the purchase of evidence. This revision is 
    proposed in response to requests of several Forest Service regions for 
    a payment scale for purchase of information and evidence that reflects 
    the gravity of the offenses investigated, such as violations of the 
    National Forest System Drug Control Act of 1986, as amended. For 
    example, amounts that Special Agents could be authorized to pay for 
    information or evidence would be raised from $200 and $400 
    respectively, to $500 for a single transaction, with other increases or 
    changes proposed for the employees so listed. Existing paragraph (b) in 
    both sections, which states that payments cannot be made for the 
    investigation of petty offenses, would be removed. The agency's 
    authority to make payments for evidence and information was affirmed in 
    a decision of the Comptroller General dated April 29, 1971 (CG-B-
    172259) and allows for payment to further any criminal investigation, 
    otwithstanding the classification of the offense.
    
    Subpart B--Impoundments and Removals
    
        The title of this subpart would be revised to read ``Administrative 
    Impoundments and Removals.'' This change would clarify that the rules 
    provide for administrative remedies that may be taken by the Forest 
    Service to impound and remove animals or personal property on the 
    National Forest System. Criminal law enforcement procedures associated 
    with impoundments and property seizures made pursuant to arrests and 
    searches are not covered by the regulations and are contained in the 
    Federal Rules of Criminal Procedure for the United States District 
    Courts and the Forest Service Law Enforcement Handbook (FSH 5309.11).
        No other revisions are proposed to this section.
    Section 262.12  Impounding of Personal Property
        Paragraph (d) would be revised to allow the Forest Service to use 
    un-redeemed or abandoned personal property if it is needed for official 
    use, rather than having to offer it for sale. The authority for this 
    proposed change is found in the Federal Property and Administrative 
    Services Act of 1949, as amended (40 U.S.C. 484(m)) and at 41 CFR part 
    101-48. In many cases, the conversion of un-redeemed personal property 
    to Government property can provide a substantial cost savings to the 
    agency.
    Section 262.13  Removal of Obstructions
        This section currently provides for the removal of vehicles or 
    other objects which create either an ``impediment or hazard to the 
    safety, convenience, or comfort of other users of the National Forest 
    System.'' The rule would be revised to include a vehicle or other 
    object ``which has been left in such a manner that it impairs or may 
    result in the impairment of any area of the National Forest System or 
    other areas under Forest Service control.'' The revision is needed in 
    light of increasing problems associated with the abandonment of 
    automobiles or other large objects left as junk in popular undeveloped 
    recreation areas on the National Forest System.
        No other revisions are proposed to this section.
    
    Summary
    
        In summary, the Forest Service proposes to amend its rules 
    governing Prohibitions and Law Enforcement Support Activities in order 
    to:
    
    --Improve protection of public and their property, National Forest 
    System lands, waters, and other resources, and agency employees;
    --Update the rules to reflect expanded Forest Service law enforcement 
    authority granted by statutory change;
    --Make technical corrections and revisions due to the passage of new 
    laws and the promulgation of new rules in other parts of this chapter; 
    and
    --Provide both the agency and United States Department of Justice 
    increased flexibility in prosecution options for certain offenses.
    
        Interested persons are invited to submit comments and 
    recommendations regarding these proposed regulations. All comments 
    received will be considered in promulgation of the final rule. 
    Respondents should note that substantive comments are more helpful than 
    form letters or responses from questionnaires.
    
    Regulatory Impact
    
        This proposed rule has been reviewed under USDA procedures and 
    Executive Order 12866 on Regulatory Planning and Review. It has been 
    determined that this is not a significant rule. This rule will not have 
    an annual effect of $100 million or more on the economy nor adversely 
    affect productivity, competition, jobs, the environment, public health 
    or safety, nor State or local governments. This rule will not interfere 
    with an action taken or planned by another agency nor raise new legal 
    or policy issues. Finally, this action will not alter the budgetary 
    impact of entitlements, grants, user fees, loan programs, or the rights 
    and obligations of recipients of such programs. Accordingly, this 
    proposed rule is not subject to OMB review under Executive Order 12866.
        Moreover, this proposed rule has been considered in light of the 
    Regulatory Flexibility Act (5 U.S.C. 601 et seq.), and has been 
    determined that this action will not have a significant economic impact 
    on a substantial number of small entities as defined by that Act.
        Executive Order 12630 for the Evaluation of Risk and Avoidance of 
    Unanticipated Takings directs all agencies to evaluate whether certain 
    proposed agency actions present a risk of effecting a taking of private 
    property. Section 2(a)(3) of the Order exempts law enforcement actions 
    from the requirements of the Executive Order. Since this proposed 
    action involves additions, and technical and administrative changes, to 
    prohibitions of activities on or affecting National Forest System land 
    and resources, visitors, and employees, section 2(a)(3) applies and 
    further analysis under the Executive Order is unnecessary.
    
    Regulatory Reform: Less Burdensome or More Efficient Alternatives
    
        The Department of Agriculture is committed to carrying out its 
    statutory and regulatory mandates in a manner that best serves the 
    public interest. Therefore, where legal discretion permits, the 
    Department actively seeks to promulgate regulations that promote 
    economic growth, create jobs, are minimally burdensome, and are easy 
    for the public to understand, use or comply with. In short, the 
    Department is committed to issuing regulations that maximize net 
    benefits to society and minimize costs imposed by those regulations. 
    This principle is articulated in President Bush's January 28, 1992, 
    memorandum to agency heads, and in Executive Orders 12291 and 12498. 
    The Department applies this principle to the fullest extent possible, 
    consistent with law.
        The Department has developed and reviewed this regulatory proposal 
    in accordance with these principles. Nonetheless, the Department 
    believes that public input from all interested persons can be 
    invaluable in ensuring that the final regulatory product is minimally 
    burdensome and maximally efficient. Therefore, the Department 
    specifically seeks comments and suggestions from the public regarding 
    any less burdensome or more efficient alternative that would accomplish 
    the purposes described in the proposal. Comments suggesting less 
    burdensome or more efficient alternatives should be addressed to the 
    agency as provided in this notice.
    
    Controlling Paperwork Burdens on the Public
    
        This proposed rule will not result in additional paperwork not 
    already required by law or approved for use. Therefore, the review 
    provisions of the Paperwork Reduction Act of 1980 (44 U.S.C. 3507) and 
    implementing regulations at 5 CFR part 1320 do not apply.
    
    Environmental Impact
    
        This proposed rule would set forth the acts that are prohibited on 
    the National Forest System. This rule, in and of itself, will not have 
    environmental effects that need to be addressed in compliance with the 
    National Environmental Policy Act procedures. Section 31.1b of Forest 
    Service Handbook 1909.15 (57 FR 43180; September 18, 1992) excludes 
    from documentation in an environmental assessment or impact statement 
    ``rules, regulations, or policies to establish Service-wide 
    administration procedures, programs, processes, or instructions.'' The 
    agency's preliminary assessment is that this rule falls within this 
    category of actions and that no extraordinary circumstances exist which 
    would require preparation of an environmental assessment or 
    environmental impact statement. A final determination will be made upon 
    adoption of the final rule.
    
    List of Subjects in 36 CFR Parts 261 and 262
    
        Crime, Law enforcement, and National forests.
    
        Therefore, for the reasons set forth in the preamble, it is 
    proposed to amend chapter II of title 36 of the Code of Federal 
    Regulations as follows:
    
    PART 261--PROHIBITIONS
    
        1. The authority citation for part 261 is revised to read as 
    follows:
    
        Authority: 7 U.S.C. 1011(f), 16 U.S.C. 472, 551, 559b-h, 
    1131(b), 1133(b)-(d)(1), 1246(i), 1281(d), 4601-6a(e), 18 U.S.C. 
    3559, 3571, 43 U.S.C. 1740, 1761.
    
    Subpart A--General Prohibitions
    
        2-3. Revise Sec. 261.1 to read as follows:
    
    
    Sec. 261.1  Scope.
    
        (a) The prohibitions in this part apply, except as otherwise 
    provided, when:
        (1) An act or omission occurs in the National Forest System or on a 
    Forest development road or trail;
        (2) An act or omission affects, threatens, or endangers property of 
    the United States administered by the Forest Service;
        (3) An act or omission affects, threatens, or endangers:
        (i) A person occupying or using the National Forest System or a 
    Forest development road or trail;
        (ii) A person on account of or in the performance of official 
    duties, including the administration of the National Forest System or a 
    Forest development road or trail;
        (4) An act of omission occurs within the designated boundaries of a 
    Forest Service administered component of the National Trails System or 
    the National Wild and Scenic Rivers System; or
        (5) An act or omission affects, threatens, or endangers property of 
    any person on any lands or waters within the National Forest System or 
    a Forest development road or trail.
        (b) Nothing in this part shall preclude activities that are 
    authorized by laws relating to the National Forest System and that are 
    conducted in compliance with regulations set forth in this Chapter.
        (c) Nothing in these rules and regulations shall be construed to 
    abrogate any other Federal laws or regulations or any applicable State 
    and local laws and regulations.
        (d) Unless an offense set out in this part contains a term (or 
    terms) that includes intent in its meaning, intent is not an element of 
    any offense under this part.
        4. Revise Sec. 261.1a to read as follows:
    
    
    Sec. 261.1a  Special use authorizations, contracts and plans of 
    operations.
    
        The Chief, each Regional Forester, each Forest Supervisor, and each 
    District Ranger or equivalent officer may issue Special use 
    authorizations, award contracts, or approve plans of operations 
    authorizing the occupancy or use of a road, trail, area, lake, or other 
    part of the National Forest System in accordance with authority which 
    is delegated elsewhere in this chapter or in the Forest Service Manual. 
    These Forest officers may allow in the authorizing document or approved 
    plan of operations an act or omission that would otherwise be a 
    violation of a subpart A or a subpart C regulation or a subpart B 
    order.
        5. Revise Sec. 261.1b to read as follows:
    
    
    Sec. 261.1b  Penalty.
    
        The punishment for violating any prohibition of this part shall be 
    imprisonment of not more than six months or a fine in accordance with 
    the applicable provisions of 18 U.S.C. 3571, or both, unless otherwise 
    provided.
        6. In Sec. 261.2, the introductory text is republished; the 
    definitions of ``Damaging'' and ``National Forest System'' are revised; 
    the term ``Operating plan'' is removed; and the following definitions 
    are added in appropriate alphabetical order to read as follows:
    
    
    Sec. 261.2  Definitions.
    
        The following definitions apply to this part:
    * * * * *
        Alcoholic beverage means beer, wine, distilled spirits, and any 
    other beverage defined as such by State law.
    * * * * *
        Computer means an electronic, magnetic, optical, electrochemical, 
    or other high speed data processing device performing logical, 
    arithmetic, or storage functions, and includes any data storage 
    facility or communications facility directly related to or operating in 
    conjunction with such device, but such term does not include an 
    automated typewriter or typesetter, a portable hand held calculator, or 
    other similar device.
        Contraband means any goods, merchandise, or other substance, the 
    possession or transportation of which is prohibited by either Federal 
    or State law.
        Controlled substance means a drug or other substance or immediate 
    precursor included in schedules I, II, III, IV, or V or part B of the 
    Controlled Substance Act (21 U.S.C. 812) or a drug or substance added 
    to these schedules pursuant to the terms of the Act, or as defined by 
    State law.
        Damaging means to injure, mutilate, deface, rut, gouge, cut, chop, 
    girdle, dig, excavate, kill, or in any way harm or disturb.
        Endangered species means any species of plant or animal which is 
    designated as endangered by the Secretary of the Interior or Commerce 
    pursuant to 50 CFR 17.11 and 17.12.
    * * * * *
        Guiding means providing, for pecuniary remuneration or other gain, 
    services such as supervision, protection, education, training, 
    transportation, subsistence, or interpretation to individuals or groups 
    in their pursuit of a natural resource based outdoor activity.
    * * * * *
        Intimidating means to abuse or threaten verbally or physically.
    * * * * *
        National Forest System means all national forest lands and waters 
    reserved or withdrawn from the public domain of the United States, 
    national forest lands and waters acquired through purchase, exchange, 
    donation, or other means, national grasslands and land utilization 
    projects and waters administered under Title III of the Bankhead-Jones 
    Farm Tenant Act (7 U.S.C. 1010-1012), and other lands, waters, or 
    interests therein administered by the Forest Service or are designated 
    for administration through the Forest Service as a part of the System.
    * * * * *
        Outfitting means providing, for pecuniary remuneration or other 
    gain, any saddle or pack animal, vehicle or boat, tents or camp gear, 
    or similar supplies or equipment, except through retail sale in the 
    ordinary course of business.
    * * * * *
        Plan of operations means a plan of operations as provided in 36 CFR 
    part 228, subpart A, an operating plan as provided in 36 CFR part 228, 
    subpart C, or 36 CFR part 292, subpart D, or a surface use plan of 
    operations as provided in 36 CFR part 228, subpart E.
        Scenic easement means any interest in land owned by the United 
    States which gives the Federal Government any right to control the 
    occupancy and use of land (including air space above such land) in 
    order to protect scenic and natural values or for any other purposes 
    authorized by law including public access. Scenic easements shall 
    include, but are not limited to, restrictive covenants, deed 
    reservations, conservation easements, reserved interest deeds, and 
    other partial interests in land by whatever name given.
        Sensitive species means a plant or animal species identified by a 
    Regional Forester for which population viability is a concern, as 
    evidenced by a significant current or predicted downward trend in 
    population numbers or density or a significant current or predicted 
    downward trend in habitat capability that would reduce a species' 
    existing distribution.
    * * * * *
        Threatened species means any plant or animal species which is 
    designated as threatened by the Secretary of the Interior or Commerce 
    at 50 CFR 17.11 and 17.12.
    * * * * *
        7. Revise Sec. 261.3 to read as follows:
    
    
    Sec. 261.3  Interfering with agency functions.
    
        The following are prohibited:
        (a) Resisting, intimidating, endangering, assaulting, injuring, or 
    interfering with any Forest officer, volunteer, or human resource 
    program enrollee on account of or in the performance of official duties 
    including the administration of the National Forest System or a Forest 
    development road or trail.
        (b) Giving any false, fictitious, or fraudulent report or other 
    information to any Forest officer knowing that such report or other 
    information contains false, fictitious, or fraudulent statement or 
    entry.
        (c) Violating the lawful order of a Forest officer engaged in the 
    performance of official duties to maintain order or control of public 
    behavior during firefighting, law enforcement, or other operations.
        (d) Impersonating or posing as a Forest officer, volunteer or human 
    resource program enrollee.
        8. Revise Sec. 261.4 to read as follows:
    
    
    Sec. 261.4  Public behavior.
    
        The following are prohibited:
        (a) Engaging in fighting or any other violent behavior.
        (b) Using language, an utterance, or gesture, or engaging in a 
    display or act that is:
        (1) Obscene;
        (2) Physically threatening or menacing; or
        (3) Done in a manner that is likely to inflict injury or incite an 
    immediate breach of the peace;
    
    and with intent to cause public alarm, nuisance, jeopardy, or violence, 
    or knowingly or recklessly creating a risk thereof.
        (c) Possessing, selling, cultivating, dispensing, or bartering for 
    any controlled substance, alcoholic beverage, or contraband in 
    violation of State or Federal law.
        (d) Causing public inconvenience, annoyance, or alarm by making 
    unreasonably loud noise.
        (e) Being under the influence of any controlled substance or 
    alcoholic beverage in violation of State or Federal law.
        (f) Damaging, removing, transporting, or possessing any thing of 
    value belonging to any person without permission.
        (g) Intimidating, endangering, assaulting, injuring, or interfering 
    with any person.
        9. In Sec. 261.5, the introductory text is republished and 
    paragraph (b) is revised to read as follows:
    
    
    Sec. 261.5  Fire.
    
        The following are prohibited:
        (a) * * *
        (b) Firing or possessing any tracer bullet or incendiary 
    ammunition.
    * * * * *
        10. In Sec. 261.6, the introductory text is republished; paragraphs 
    (a), (c), (d), (e), and (h) are revised and a new paragraph (i) is 
    added to read as follows:
    
    
    Sec. 261.6  Timber and other forest products.
    
        The following are prohibited:
        (a) Cutting or otherwise damaging any tree, or other forest 
    product, except as authorized by a special use authorization, timber 
    sale contract, permit, approved plan of operations, or Federal law or 
    regulation.
        (b) * * *
        (c) Failing, when required by the timber sale contract or permit, 
    to bring timber or other forest products cut under a contract or permit 
    to a place designated for scaling or other means of recording by a 
    forest officer, or removing timber or other forest product from such 
    designated place prior to scaling or other means of recording.
        (d) Stamping, marking with paint, or otherwise identifying any tree 
    or other forest product in a manner similar to that employed by Forest 
    officers to mark or designate a tree or any other forest product for 
    cutting, removing, or leaving uncut.
        (e) Loading, removing, transporting, or possessing timber or any 
    other forest products acquired under any permit or timber sale 
    contract, unless such product is identified as required by the permit 
    or contract.
    * * * * *
        (h) Removing any timber, tree, or other forest product, except as 
    authorized by special use authorization, timber sale contract, permit, 
    approved plan of operations, or Federal law or regulation.
        (i) Altering, adding, moving, or removing any stamp, brand, paint, 
    Forest Service timber sale boundary marker or tag, or other 
    identification on any tree, or other forest product previously marked 
    or surveyed by a Forest officer, except as authorized by a Forest 
    officer, special use authorization, timber sale contract, permit, 
    approved plan of operations, or Federal law or regulation.
        11. In Sec. 261.7, the introductory text is republished and 
    paragraph (a) is revised to read as follows:
    
    
    Sec. 261.7  Livestock.
    
        The following are prohibited:
        (a) Unauthorized livestock within the National Forest System or on 
    other lands under Forest Service administrative control.
    * * * * *
        12. In Sec. 261.8, the introductory text is republished and 
    paragraph (a) is revised to read as follows:
    
    
    Sec. 261.8  Fish and wildlife.
    
        The following are prohibited to the extent that Federal or State 
    law is violated:
        (a) Hunting, trapping, fishing, catching, molesting, killing, 
    possessing, transporting, buying, selling, bartering, or offering to 
    buy, sell, or barter any kind of wild animal, bird, fish, shellfish, or 
    parts thereof, or taking the eggs of any bird or fish.
    * * * * *
        13. Revise Sec. 261.9 to read as follows:
    
    
    Sec. 261.9  Property administered by the Forest Service.
    
        Except as provided by special use authorization, contract, approved 
    plan of operations, or Federal law or regulation, the following are 
    prohibited:
        (a) Disturbing, damaging, excavating, digging, removing, 
    transporting, possessing, buying, selling, bartering, or offering to 
    buy, sell, or barter, any natural feature or other property of the 
    United States.
        (b) Disturbing, damaging, removing, transporting, possessing, 
    buying, selling, bartering, or offering to buy, sell, or barter, any 
    plant that is classified as a threatened, endangered, or sensitive 
    species.
        (c) Disturbing, damaging, excavating, digging, removing, 
    transporting, possessing, buying, selling, bartering, or offering to 
    buy, sell, or barter, any fossil or other paleontological resource; or 
    prehistoric, historic, or archaeological resource, structure, site, 
    artifact, or property.
        (d) Entering any building, structure, or enclosed area owned or 
    controlled by the United States, without permission of a Forest 
    officer, when such building, structure, or enclosed area is not open to 
    the public.
        (e) Using any pesticide except for personal use as an insect 
    repellent or other minor uses.
        (f) Possessing, duplicating, using, or allowing the use of any 
    Forest Service lock or key without permission of a Forest officer.
        (g) Accessing or using any computer system or computer network 
    owned, leased, or controlled by the Forest Service without permission 
    of a Forest officer.
        (h) Using, damaging, destroying, altering, copying, or deleting 
    information, data, or programs stored in any computer system or 
    computer network owned, leased, or controlled by the Forest Service 
    without permission of a Forest officer.
        (i) Performing or allowing to be performed an action prohibited by 
    a scenic easement owned by the United States, or failing to perform an 
    action required by such an easement.
        (j) Removing any mineral or mineral material.
        14. Revise Sec. 261.10 to read as follows:
    
    
    Sec. 261.10  Occupancy and use.
    
        Except as provided by special use authorization, contract, approved 
    plan of operations, or federal law or regulation, the following are 
    prohibited:
        (a) Constructing, placing, or maintaining any kind of road, trail, 
    structure, fence, enclosure, communication equipment, or other 
    improvement on the National Forest System or facilities thereon.
        (b) Taking possession of, occupying, residing upon, or otherwise 
    using the National Forest System or facilities thereon for any purpose.
        (c) Selling, leasing, renting, or offering for sale, lease, or rent 
    any kind of merchandise, service, or equipment, or conducting any kind 
    of work activity or service.
        (d) Discharging a firearm or using any other implement capable of 
    taking human life, causing injury, or damaging property:
        (1) in or within 150 yards of a residence, building, campsite, 
    developed recreation site or occupied area;
        (2) from a vehicle; or
        (3) in any manner or place whereby any person or property is 
    exposed to injury or damage as a result of such discharge or use.
        (e) Abandoning any personal property.
        (f) Placing a vehicle or other object in such a manner that it is 
    an impediment or hazard to the safety or convenience of any person.
        (g) Disseminating, posting, placing, or erecting any paper, notice, 
    advertising material, sign, handbill, petition, or similar written and/
    or graphic matter.
        (h) Operating or using in or near a campsite, developed recreation 
    site, or over an adjacent body of water, any device which produces 
    noise, such as a radio, television, musical instrument, motor, or 
    engine, in such a manner and at such time so as to unreasonably disturb 
    any person.
        (i) Operating or using a public address system, whether fixed, 
    portable, or vehicle mounted, in or near a campsite or developed 
    recreation site or over an adjacent body of water.
        (j) Use or occupancy of the National Forest System or facilities 
    thereon when authorization is required.
        (k) Violating any term or condition of a special use authorization, 
    contract, or approved plan of operations.
        (l) Failing to stop a vehicle when directed to do so by a Forest 
    officer.
        (m) Failing to pay any special use fee or other charges as 
    required.
        (n) Paying for any product, special use authorization, fee, or 
    service by check with insufficient funds.
        (o) Charging, collecting, or attempting to charge or collect a fee 
    or thing of value from any person lawfully using the National Forest 
    System.
        (p) Failing to display a special use authorization, license, tag or 
    other document when such display is required.
        (q) Outfitting on, or guiding on the National Forest System.
        (r) Undertaking any activity in contravention of prohibitions or 
    requirements of a scenic easement.
        15. In Sec. 261.11, the introductory text is republished and 
    paragraph (b) is revised to read as follows:
    
    
    Sec. 261.11  Sanitation.
    
        The following are prohibited:
        (a) * * *
        (b) Depositing, leaving, or causing to be left, any refuse, debris, 
    trash, or litter on the National Forest System or facilities thereon 
    not designated for that purpose.
     * * * * *
        16. In Sec. 261.12, the introductory text is republished, paragraph 
    (a) is revised and new paragraphs (e) through (g) are added to read as 
    follows:
    
    
    Sec. 261.12  Forest development roads and trails.
    
        The following are prohibited:
        (a) Violating the load, weight, height, length, or width 
    limitations prescribed by State law except by contract, special use 
    authorization, approved plan of operations, written agreement or by 
    order issued under Sec. 261.54 of this part.
    * * * * *
        (e) Operating any vehicle in violation of State law, posted sign or 
    traffic device.
        (f) Operating a vehicle carelessly, recklessly, or in a manner or 
    at a speed that would endanger or be likely to endanger any person or 
    property.
        (g) Operating or riding in any vehicle on a Forest development road 
    without wearing seatbelts, if provided by the manufacturer.
        17. Revise Sec. 261.13 to read as follows:
    
    
    Sec. 261.13  Use of vehicles off roads.
    
        It is prohibited to operate any vehicle off Forest development, 
    State or County roads:
        (a) Without a valid operator's license or permit in possession if 
    required by State law.
        (b) Without an operable braking system.
        (c) From one-half hour after sunset to one-half hour before sunrise 
    unless equipped with working head and tail lights.
        (d) In violation of any applicable noise emission standard 
    established by any Federal or State agency.
        (e) Creating excessive or unusual smoke.
        (f) Carelessly, recklessly, or in a manner or at speed that would 
    endanger or be likely to endanger any person or property.
        (g) In a manner which damages the land or vegetative resources, or 
    injures or unreasonably disturbs wildlife.
        (h) In violation of State law established for vehicles used off 
    roads.
        (i) Without displaying a valid vehicle license or possessing a 
    vehicle registration if required by State law.
        18. In Sec. 261.14, the introductory text is republished and a new 
    paragraph (r) is added to read as follows:
    
    
    Sec. 261.14  Developed recreation sites.
    
        The following are prohibited:
    * * * * *
        (r) Reserving any portion of the site for another person or party 
    without permission of a Forest officer.
        19. Revise Sec. 261.15 to read as follows:
    
    
    Sec. 261.15  Admission, recreation use, and special recreation permit 
    fees.
    
        Failure to comply with posted fee payment instructions for any fee 
    established for admission or entrance to, or use of, a site, facility, 
    equipment, or service furnished by the United States is prohibited. A 
    violation of this section is an infraction and no sentence of 
    imprisonment is authorized.
        20. Add a new Sec. 261.22 to read as follows:
    
    
    Sec. 261.22  Buildings used in furtherance of the administration of the 
    National Forest System or Forest Service Programs.
    
        The following are prohibited in buildings owned or leased by the 
    Forest Service:
        (a) Engaging in conduct which impedes or disrupts the performance 
    of official duty or the safety of Government employees.
        (b) Engaging in conduct which prevents the general public from 
    obtaining the services provided by the Government or its agents or 
    contractors on the property.
        (c) Failing to submit packages, briefcases, or other containers for 
    inspection, when required, prior to entrance.
        (d) Carrying, possessing, depositing, or placing firearms, other 
    dangerous or deadly weapons, explosives, or items intended to be used 
    to fabricate an explosive or incendiary device, unless authorized by 
    special use authorization, contract, approved plan of operations, or 
    Federal law or regulation.
    
    Subpart B--Prohibitions in Areas Designated by Order
    
        21. In Sec. 261.50, revise paragraph (e)(1) as follows:
    
    
    Sec. 261.50  Orders.
    
    * * * * *
        (e) * * *
        (1) Persons who have specific authorization for the otherwise 
    prohibited act or omission by virtue of a special use authorization, 
    contract, approved plan of operations, or Federal law or regulation.
    * * * * *
        22. In Sec. 261.53, the introductory text is republished and 
    paragraph (a) is revised to read as follows:
    
    
    Sec. 261.53  Special closures.
    
        When provided by an order, it is prohibited to go into or be upon 
    any area which is closed for the protection of:
        (a) plants, animals, birds, fish, or shellfish.
    * * * * *
        23. In Sec. 261.54, the introductory text is republished, paragraph 
    (f) is removed and paragraphs (a) and (c) are revised to read as 
    follows:
    
    
    Sec. 261.54  Forest development roads.
    
        When provided by an order, the following are prohibited:
        (a) Using or possessing any type of vehicle prohibited by the 
    order.
        (b) * * *
        (c) Using a road for commercial hauling or other commercial 
    activities without a special use authorization or written 
    authorization.
        (d) * * *
        (e) * * *
        24. Amend Sec. 261.58 by revising paragraphs (m) and (bb) and by 
    adding paragraphs (dd), and (ee) to read as follows:
    
    
    Sec. 261.58  Occupancy and use.
    
        When provided by an order, the following are prohibited:
    * * * * *
        (m) Discharging or possessing a firearm, air rifle, gas gun, or 
    other device capable of causing injury to persons or wildlife or 
    capable of causing property damage.
    * * * * *
        (bb) Possessing an alcoholic beverage.
        (cc) * * *
        (dd) Storing, placing, or leaving personal property unattended 
    outside of developed recreation sites for more than the length of time 
    specified by the order.
        (ee) Possessing, storing, or using any glass food or beverage 
    containers.
    
    PART 262--LAW ENFORCEMENT SUPPORT ACTIVITIES
    
        1. The authority citation for part 262 is revised to read as 
    follows:
    
        Authority:  7 U.S.C. 1011(f); 16 U.S.C. 472; 16 U.S.C. 551; 16 
    U.S.C. 559b-h; 40 U.S.C. 484(m); CG-B-172259.
    
    
    Secs. 262.2 and 262.3  [Removed]
    
    
    Sec. 262.1  [Redesignated as Sec. 262.2]
    
        2. Remove Secs. 262.2 and 262.3, redesignate Sec. 262.1 as 
    Sec. 262.2, and add new Secs. 262.1 and 262.3 to read as follows:
    
    
    Sec. 262.1  Definitions.
    
        The following definitions apply to this subpart:
        Law Enforcement Officer  means an employee of the Forest Service in 
    other than the Criminal Investigating series, GS-1811, who is 
    authorized by the Washington Office, Director for Law Enforcement and 
    Investigations to conduct investigations, make arrests with or without 
    a warrant or process, issue violation notices, execute and serve search 
    and arrest warrants, carry firearms for law enforcement purposes, and 
    perform other duties as directed in connection with the enforcement or 
    administration of all laws, rules, and regulations in which the 
    Department of Agriculture, Forest Service, is or may be a party of 
    interest.
        Special Agent means an employee of the Forest Service in the 
    Criminal Investigating series, GS-1811, who is authorized by the Chief 
    to perform all duties conferred upon such officer under all laws and 
    regulations administered by the Forest Service including the authority 
    to conduct investigations, to execute and serve search and arrest 
    warrants, to serve orders, subpoenas, or other judicial processes as 
    directed, to carry firearms, make arrests, issue violation notices, and 
    perform other duties as directed in connection with the enforcement or 
    administration of all laws, rules and regulations in which the 
    Department of Agriculture, Forest Service, is or may be a party of 
    interest.
    
    
    Sec. 262.3  Purchase of information or evidence in furtherance of 
    investigations.
    
        (a) Approval of payments. The following Forest Service officials 
    may make or approve payments for purchase of information or evidence to 
    further law enforcement investigations in the amount shown for each 
    transaction as follows:
    
    (1) Law Enforcement Officers
    up to $250.00
    (2) Special Agents
    up to $500.00
    (3) Regional Special Agents in Charge
    up to $1,000.00
    (4) Director for Law Enforcement and Investigations
    up to $5,000.00
    (5) Chief, for amounts exceeding
    $5,000.00
    
        (b) [Reserved]
    
    Subpart B--Administrative Impoundments and Removals
    
        3. Revise the title of subpart B as set out above.
        4. Amend Sec. 262.12 by revising paragraph (d) to read as follows:
    
    
    Sec. 262.12  Impounding of personal property.
    
    * * * * *
        (d) If the personal property is not redeemed on or before the date 
    fixed for its disposition, it shall become property of the United 
    States. Such property may be retained by the Forest Service for use in 
    on-going management activities, sold at public sale to the highest 
    bidder, or otherwise disposed of. When personal property is sold 
    pursuant to this regulation, the Forest officer making the sale shall 
    furnish the purchaser with a bill of sale or other written instrument 
    evidencing the sale.
        5. Revise Sec. 262.13 to read as follows:
    
    
    Sec. 262.13  Removal of obstructions.
    
        A Forest officer may remove or cause to be removed, to a more 
    suitable place, a vehicle or other object which is an impediment or 
    hazard to the safety, convenience, or comfort of any person, or which 
    has been left in such a manner that it impairs or may result in the 
    impairment of any areas of the National Forest System or other lands 
    under Forest Service control.
    
        Dated: January 6, 1994.
    David G. Unger,
    Associate Chief.
    [FR Doc. 94-3358 Filed 2-15-94; 8:45 am]
    BILLING CODE 3410-11-M
    
    
    

Document Information

Published:
02/16/1994
Department:
Forest Service
Entry Type:
Uncategorized Document
Action:
Proposed rule.
Document Number:
94-3358
Dates:
Comments must be received in writing by April 18, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: February 16, 1994
RINs:
0596-AA75: National Forest Prohibitions
RIN Links:
https://www.federalregister.gov/regulations/0596-AA75/national-forest-prohibitions
CFR: (27)
36 CFR 261.3
36 CFR 261.4
36 CFR 261.5
36 CFR 261.6
36 CFR 261.7
More ...