[Code of Federal Regulations]
[Title 43, Volume 2, Parts 1000 to end]
[Revised as of October 1, 2000]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR9260]
[Page 881-890]
TITLE 43--PUBLIC LANDS: INTERIOR
CHAPTER II--BUREAU OF LAND MANAGEMENT,
DEPARTMENT OF THE INTERIOR
PART 9260--LAW ENFORCEMENT--CRIMINAL
Subpart 9260--Law Enforcement, General
Sec.
9260.0-1 Purpose.
9260.0-2 Objective.
9260.0-3 Authority.
9260.0-4--9260.0-6 [Reserved]
9260.0-7 Penalties.
Subpart 9261--General Management [Reserved]
Subpart 9262--Land Resource Management
9262.0 Authority.
9262.1 Penalties for unauthorized use, occupancy, or development of
public lands.
Subpart 9263--Minerals Management [Reserved]
Subpart 9264--Range Management
9264.0-3 Authority.
9264.1 Grazing administration--exclusive of Alaska.
9264.2 Grazing administration--Alaska; livestock. [Reserved]
9264.3 Grazing administration--Alaska; reindeer. [Reserved]
9264.7 Wild free-roaming horse and burro protection, management, and
control.
Subpart 9265--Timber and Other Vegetative Resources Management
9265.0-3 Authority.
9265.4 Sales of forest products, general.
9265.5 Non-sale disposals, general.
9265.6 Penalties.
Subpart 9266--Wildlife Management
9266.0-3 Authority.
9266.4 Viable coral communities.
Subpart 9267--Water Management [Reserved]
[[Page 882]]
Subpart 9268--Recreation Programs
9268.0-3 Authority.
9268.1 Cultural resource management. [Reserved]
9268.2 Natural history resource management procedures. [Reserved]
9268.3 Recreation management--procedures.
9268.4 Visual resource management. [Reserved]
9268.5 Wilderness management. [Reserved]
9268.6 Environmental education and protection. [Reserved]
Subpart 9269--Technical Services
9269.0-3 Authority.
9269.3 Criminal trespass.
9269.3-1 General management. [Reserved]
9269.3-2 Land resource management. [Reserved]
9269.3-3 Minerals management.
9269.3-4 Range management.
9269.3-5 Timber management.
Authority: 16 U.S.C. 433; 16 U.S.C. 460l-6a; 16 U.S.C. 670j; 16
U.S.C. 1246(i); 16 U.S.C. 1338; 18 U.S.C. 1851-1861; 18 U.S.C. 3551 et
seq.; 43 U.S.C. 315(a); 43 U.S.C. 1061, 1063; 43 U.S.C. 1733.
Source: 45 FR 31276, May 12, 1980, unless otherwise noted.
Subpart 9260--Law Enforcement, General
Sec. 9260.0-1 Purpose.
This part establishes a single regulatory section in title 43 where
the law enforcement provisions of all the various public land use
regulations can be found.
Sec. 9260.0-2 Objective.
To provide in a single part a compilation of all criminal violations
relating to public lands that appear throughout title 43 of the Code of
Federal Regulations.
Sec. 9260.0-3 Authority.
Under section 303(a) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1733), the Secretary of the Interior is authorized to
issue regulations with respect to the management, use, and protection of
the public lands, including property located thereon, the violation of
which is punishable as a criminal offense. Section 303(c) of the Act
authorizes the Secretary to enter into contracts with appropriate local
officials having law enforcement authority and to authorize Federal
personnel to carry out the enforcement of Federal laws and regulations
relating to the public lands and their resources. Section 303(d) of the
Act authorizes the Secretary to enter into cooperative agreements with
State and local regulatory and law enforcement officials for the
enforcement of State laws and local ordinances on the public lands. In
addition to general authority under FLPMA, other specific authorities
are noted where applicable.
Secs. 9260.0-4--9260.0-6 [Reserved]
Sec. 9260.0-7 Penalties.
Any person violating any provision of part 9260 of this title shall
be subject to the specific penalties as noted under this part.
Subpart 9261--General Management [Reserved]
Subpart 9262--Land Resource Management
Sec. 9262.0 Authority.
43 U.S.C. 1732, 1733, 1740, 1761-1771.
[54 FR 25855, June 20, 1989]
Sec. 9262.1 Penalties for unauthorized use, occupancy, or development
of public lands.
Under section 303(a) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1733(a)) any person who knowingly and willfully
violates the provisions of Secs. 2801.3(a), 2812.1-3, 2881.3, or 2920.1-
2(a) of this title, by using public lands without the requisite
authorization, may be tried before a United States magistrate and fined
no more than $1,000 or imprisoned for no more than 12 months, or both.
[54 FR 25855, June 20, 1989]
Subpart 9263--Minerals Management [Reserved]
[[Page 883]]
Subpart 9264--Range Management
Sec. 9264.0-3 Authority.
(a) The provisions of this subpart are issued under section 303(a)
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.) and section 2 of the Taylor Grazing Act of 1934 (43 U.S.C. 315 et
seq.).
(b) The provisions of Sec. 9264.7 of this title are issued under
section 8 of the Wild Free-Roaming Horse and Burro Act of 1971 (16
U.S.C. 1331 et seq.).
Sec. 9264.1 Grazing administration--exclusive of Alaska.
Persons performing the following prohibited acts on public and other
lands under Bureau of Land Management control may be subject to criminal
penalties under Sec. 9264.1(k) of this title:
(a) Allowing livestock or other privately owned or controlled
animals to graze on or be driven across those lands without a permit or
lease or in violation of the terms and conditions of a permit or lease,
either by exceeding the number of livestock authorized, or by allowing
livestock to be on these lands in an area or at a time different from
that designated;
(b) Installing, using, maintaining, modifying, and/or removing range
improvements without authorization;
(c) Cutting, burning, spraying, destroying, or removing vegetation
without authorization;
(d) Damaging or removing United States property without
authorization;
(e) Molesting livestock authorized to graze on these lands;
(f) Littering;
(g) Violating any provision of 43 CFR part 4700 concerning the
protection and management of wild free-roaming horses and burros;
(h) Violating any Federal or State laws or regulations concerning
conservation or protection of natural and cultural resources or the
environment including, but not limited to, those relating to air and
water quality, protection of fish and wildlife, plants, and the use of
chemical toxicants;
(i) Interfering with lawful uses or users;
(j) Knowingly or willfully making a false statement or
representation in base property certification, grazing applications,
and/or amendments thereto;
(k) Penalties. (1) Under section 2 of the Taylor Grazing Act of 1934
(43 U.S.C. 315 et seq.), any person who willfully violates the
provisions of Sec. 9264.1 of this title or of approved special rules and
regulations is punishable by a fine of not more than $500.
(2) Under section 303(a) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.), any person who knowingly and
willfully violates the provisions of Sec. 9264.1 of this title or of
approved special rules and regulations may be brought before a
designated United States magistrate and is punishable by a fine of not
more than $1,000 or imprisonment for no more than 12 months, or both.
[45 FR 31276, May 12, 1980, as amended at 47 FR 41713, Sept. 21, 1982]
Sec. 9264.2 Grazing administration--Alaska; livestock. [Reserved]
Sec. 9264.3 Grazing administration--Alaska; reindeer. [Reserved]
Sec. 9264.7 Wild free-roaming horse and burro protection, management,
and control.
(a) Prohibited acts. In accordance with section 8 of the Wild Free-
Roaming Horse and Burro Act (16 U.S.C. 1338), any person who:
(1) Willfully removes or attempts to remove a wild free-roaming
horse or burro from the public lands, without authority from the
authorized officer, or
(2) Converts a wild free-roaming horse or burro to private use,
without authority from the authorized officer, or
(3) Maliciously causes the death or harassment of any wild free-
roaming horse or burro, or
(4) Processes, or permits to be processed, into commercial products
the remains of a wild free-roaming horse or burro, or
(5) Sells, directly or indirectly, a wild free-roaming horse or
burro, or the remains thereof, which have not lost their status as a
wild free-roaming horse of burro, or
[[Page 884]]
(6) Uses a wild free-roaming horse or burro for commercial
exploitation, or
(7) Causes or is responsible for the inhumane treatment of a wild
free-roaming horse or burro, or
(8) Uses a wild free-roaming horse or burro for bucking stock, or
(9) Fails, upon written notice, to produce for inspection by an
authorized officer those animals assigned to him for private maintenance
under a cooperative agreement, or
(10) Fails to notify the authorized officer of the death of a wild
free-roaming horse or burro within 7 days of death pursuant to
Sec. 4740.4-2(f) of this title, or
(11) Removes or attempts to remove, alters or destroys any official
mark identifying a wild horse or burro, or its remains, or
(12) Being the assignee of a wild free-roaming horse or burro, or
having charge or custody of the animal, abandons the animal without
making arrangements for necessary food, water and shelter, or
(13) Being the assignee of a wild free-roaming horse or burro, or
having charge or custody of the animal, fails to diligently pursue in an
attempt to capture the escaped animal, or
(14) Accepts for slaughter or destruction a horse or burro bearing
an official Bureau of Land Management identification mark, and which is
not accompanied by a certificate that title to the animal has been
transferred, or
(15) After acceptance of an animal for slaughter or destruction,
fails to retain for one year the certificate of title to a horse or
burro bearing an official Bureau of Land Management identification mark,
or
(16) Willfully violates any provisions of the regulations under
Sec. 9264.7 of this title shall be subject to a fine of not more than
$2,000 or imprisonment for not more than 1 year, or both. Any person so
charged with such violation by the authorized officer may be tried and
sentenced by a U.S. Commissioner or magistrate, designated for that
purpose by the court by which he/she was appointed, in the same manner
and subject to the same conditions as provided in section 3401, title
18, U.S.C.
Subpart 9265--Timber and Other Vegetative Resources Management
Sec. 9265.0-3 Authority.
The provisions of Sec. 9265.5 of this title are issued under
sections 1852 and 1853 of title 18 U.S.C., and section 1733 of title 43
U.S.C., unless otherwise specified.
[45 FR 31276, May 12, 1980, as amended at 60 FR 50451, Sept. 29, 1995]
Sec. 9265.4 Sales of forest products, general.
Commission of any of the acts listed in Sec. 5462.2 of this title is
a violation of Federal regulations and may subject the responsible
person(s) to criminal penalties under titles 18 and 43 of the United
States Code.
[60 FR 50451, Sept. 29, 1995]
Sec. 9265.5 Non-sale disposals, general.
Commission of any of the acts listed in Sec. 5511.4 of this title is
a violation of Federal regulations and may subject the responsible
person(s) to criminal penalties under titles 18 and 43 U.S.C.
[60 FR 50451, Sept. 29, 1995]
Sec. 9265.6 Penalties.
(a) Sales administration. Under section 303(a) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1733(a)), any individual
who knowingly and willfully commits the prohibited acts under
Sec. 5462.2(b) of this title is subject to arrest and trial by the
United States Magistrate and, if convicted, shall be subject to a fine
of not more than $100,000 in accordance with the applicable provisions
of the Sentencing Reform Act of 1984 (18 U.S.C. 3551 et seq.), or
imprisonment not to exceed 12 months, or both, for each offense, and any
organization that commits these prohibited acts is subject to arrest and
trial by the United States Magistrate and, if convicted, shall be
subject to a fine of not more than $200,000, or not more than $500,000
if commission of the prohibited acts results in death.
(b) Free use of timber. (1) Under section 303(a) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1733(a), any individual who
knowingly
[[Page 885]]
and willfully commits the prohibited acts under 5511.4(b) of this title
is subject to arrest and trial by the United States Magistrate and, if
convicted, shall be subject to a fine of not more than $100,000, or not
more than $250,000 if commission of the prohibited acts results in
death, in accordance with the applicable provisions of the Sentencing
Reform Act of 1984 (18 U.S.C. 3551 et seq.), or imprisonment not to
exceed 12 months, or both, for each offense, and any organization that
commits these prohibited acts is subject to arrest and trial by the
United States Magistrate and, if convicted, shall be subject to a fine
of not more than $200,000, or not more than $500,000 if commission of
the prohibited acts results in death.
(2) Exceptions for mining and agriculture. This section shall not
prevent any miner or agriculturist from clearing his land in the
ordinary working of his mining claim, or in the preparation of his farm
for tillage, or from taking the timber necessary to support his
improvements, or the taking of timber for the use of the United States;
or take away any right or privilege under any existing law of the United
States to cut or remove timber from any public lands. Use or taking of
timber for these exceptions is subject to the regulations provided in
part 2920--Leases, Permits and Easements, part 3715--Use and Occupancy
of Mining Claims, subpart 3802--Exploration and Mining, Wilderness
Review Program, and/or subpart 3809--Surface Management.
(c) Timber removed or transported. Under 18 U.S.C. 1852, any person:
(1) Who unlawfully cuts, or wantonly destroys, any timber growing on
the public lands of the United States;
(2) Who unlawfully removes any timber from said public lands, with
intent to export or dispose of the same; or
(3) Who, being the owner, master, pilot, operator, or consignee of
any vessel, motor vehicle, or aircraft or the owner, director, or agent
of any railroad, knowingly transports any timber unlawfully cut or
removed from said lands, or lumber manufactured therefrom; shall be
subject to arrest and trial by the United States Magistrate and, if
convicted, shall be subject to a fine of not more than $100,000, or not
more than $250,000 if commission of the prohibited acts results in
death, in accordance with the applicable provisions of the Sentencing
Reform Act of 1984 (18 U.S.C. 3551 et seq.), or imprisonment not to
exceed 12 months, or both, for each offense, and any organization that
commits these prohibited acts is subject to arrest and trial by the
United States Magistrate and, if convicted, shall be subject to a fine
of not more than $200,000, or not more than $500,000 if commission of
the prohibited acts results in death.
(d) Trees cut or injured. Under 18 U.S.C. 1853, whoever unlawfully
cuts, or wantonly injures or destroys any tree growing, standing, or
being upon any land of the United States which, in pursuance of law, has
been reserved or purchased by the United States for any public use, or
upon any Indian reservation, or lands belonging to or occupied by any
tribe of Indians under the authority of the United States, or any Indian
allotment while the title to the same shall be held in trust by the
Government, or while the same shall remain inalienable by the allottee
without the consent of the United States, shall be subject to arrest and
trial by the United States Magistrate and, if convicted, shall be
subject to a fine of not more than $100,000 in accordance with the
Sentencing Reform Act of 1984 (18 U.S.C. 3551 et seq.), or imprisonment
not to exceed 12 months, or both, for each offense, and any organization
that commits these prohibited acts is subject to arrest and trial by the
United States Magistrate and, if convicted, shall be subject to a fine
of not more than $200,000.
[60 FR 50451, Sept. 29, 1995]
Subpart 9266--Wildlife Management
Sec. 9266.0-3 Authority.
The provisions of this subpart are issued under section 5 of the
Outer Continental Shelf Lands Act of 1953 (43 U.S.C. 1334).
Sec. 9266.4 Viable coral communities.
(a) Requirement for a permit. No person shall engage in any
operation which directly causes damage or injury to a viable coral
community that is located
[[Page 886]]
on the Outer Continental Shelf without having obtained a permit for said
operations.
(b) Penalty. Any person who knowingly and willingly violates the
regulations of Sec. 9266.4 of this title shall be guilty of a
misdemeanor and punishable by a fine of not more than $2,000 or
imprisonment for not more than 6 months or by both such fine and
imprisonment. Each day of violation shall be deemed a separate offense.
Subpart 9267--Water Management [Reserved]
Subpart 9268--Recreation Programs
Sec. 9268.0-3 Authority.
The provisions of this subpart are issued under section 303(a) of
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1733), and
other authorities where specifically noted.
Sec. 9268.1 Cultural resource management. [Reserved]
Sec. 9268.2 Natural history resource management procedures. [Reserved]
Sec. 9268.3 Recreation management--procedures.
(a) Off-road vehicles, use of public lands--(1) Applicability. The
regulations in this subpart apply to all public lands, roads and trails
under administration of the Bureau of Land Management.
(2) Conditions of use--regulations governing use. (i) The operation
of off-road vehicles is permitted on those areas and trails designated
as open to off-road vehicle use.
(ii) Any person operating an off-road vehicle on those areas and
trails designated as limited shall conform to all terms and conditions
of the applicable designation orders.
(iii) The operation of off-road vehicles is prohibited on those
areas and trails closed to off-road vehicle use.
(iv) It is prohibited to operate an off-road vehicle in violation of
State laws and regulations relating to use, standards, registration,
operation, and inspection of off-road vehicles. To the extent that State
laws and regulations do not exist or are less stringent than the
regulations in part 8340 of this title, the regulations in this part are
minimum standards and are controlling.
(v) No person may operate an off-road vehicle on public lands
without a valid State operator's license or learner's permit. Exceptions
are:
(A) A person under the direct supervision of an individual 18 years
of age or older who has a valid operator's license and who is
responsible for the acts of the person supervised.
(B) A person certified by State government as competent to drive
off-road vehicles after successfully completing a State approved
operator's training program.
(C) Operation of an off-road vehicle in areas of Alaska designated
by the Bureau's State Director for Alaska.
(vi) Any person supervising a nonlicensed driver shall be
responsible for the operation of the vehicle and shall be responsible
for the actions of the driver.
(vii) No person shall operate an off-road vehicle on public lands:
(A) In a reckless, careless, or negligent manner;
(B) In excess of established speed limits;
(C) While under the influence of alcohol, narcotics, or dangerous
drugs;
(D) In a manner causing, or likely to cause significant, undue
damage to or disturbance of the soil, wildlife, wildlife habitat,
improvements, cultural, or vegetative resources or other authorized uses
of the public lands; and
(E) During night hours, from a half-hour after sunset to a half-hour
before sunrise, without lighted headlights and taillights.
(viii) Drivers of off-road vehicles shall yield the right-of-way to
pedestrians, saddle horses, pack trains, and animal-drawn vehicles.
(ix) Any person who operates an off-road vehicle on public lands
must comply with the regulations in part 8340 and Sec. 8341.2 of this
title as applicable, while operating such vehicle on public lands.
(3) Vehicle operations--standards. (i) No off-road vehicle may be
operated on public lands unless equipped with brakes in good working
condition.
[[Page 887]]
(ii) No off-road vehicle equipped with a muffler cutout, bypass, or
similar device, or producing excessive noise exceeding Environmental
Protection Agency standards, when established, may be operated on public
lands.
(iii) By posting appropriate signs or by marking a map which shall
be available for public inspection at local Bureau offices, the
authorized officer may indicate those public lands upon which no off-
road vehicle may be operated unless equipped with a properly installed
spark arrester. The spark arrester must meet either the U.S. Department
of Agriculture--Forest Service Standard 5100-1a, or the 80 percent
efficiency level standard when determined by the appropriate Society of
Automotive Engineers (SAE) Recommended Practices J335 or J350. These
standards include, among others, the requirements that:
(A) The spark arrester shall have an efficiency to retain or destroy
at least 80 percent of carbon particles for all flow rates, and
(B) The spark arrester has been warranted by its manufacturer as
meeting this efficiency requirement for at least 1,000 hours subject to
normal use, with maintenance and mounting in accordance with the
manufacturer's recommendation. A spark arrester is not required when an
off-road vehicle is being operated in an area which has 3 or more inches
of snow on the ground.
(iv) Vehicles operating during night hours, from a half-hour after
sunset to a half-hour before sunrise, shall comply with the following:
(A) Headlights shall be of sufficient power to illuminate an object
at 300 feet at night under normal, clear atmospheric conditions. Two- or
three-wheeled vehicles or single-tracked vehicles will have a minimum of
one headlight. Vehicles having four or more wheels or more than a single
track will have a minimum of two headlights, except double tracked
snowmachines with a maximum capacity of two people may have only one
headlight.
(B) Red taillights, capable of being seen at a distance of 500 feet
from the rear at night under normal, clear atmospheric conditions, are
required on vehicles in the same numbers as headlights.
(4) Penalties. Any person who violates or fails to comply with the
regulations of Sec. 9268.3 of this title is subject to arrest,
conviction, and punishment pursuant to appropriate laws and regulations.
Such punishment may be a fine of not more than $1,000 or imprisonment
for not longer than 12 months, or both.
(b) Management areas. [Reserved]
(c) Operations--Rules of conduct--(1) Developed sites and areas. The
following rules are adopted to protect public property and to conserve
the resources in developed recreation sites for public use and
enjoyment. The user shall not:
(i) Intentionally or wantonly destroy, deface or remove any natural
feature or plant;
(ii) Intentionally or wantonly destroy, injure, deface, remove, or
disturb in any manner any public building, sign, equipment, marker, or
other structure or property.
(2) Undeveloped sites and areas--prohibited activities. In the use
of lands for public outdoor recreation purposes, no one shall:
(i) Intentionally or wantonly destroy, deface, injure, sign, remove
or disturb any public building, sign, equipment, marker, or other public
property;
(ii) Harvest or remove any vegetative or mineral resources or object
of antiquity, historic, or scientific interest unless such removal is in
accordance with part 3 or Sec. 8363.2-1 of this title, or is otherwise
authorized by law;
(iii) Appropriate, mutilate, deface, or destroy any natural feature,
object of natural beauty, antiquity, or other public or private
property;
(iv) Dig, remove, or destroy any tree or shrub;
(v) Gather or collect renewable or nonrenewable resources for the
purpose of sale or barter unless specifically permitted or authorized by
law;
(vi) Drive or operate motorized vehicles or otherwise conduct
himself in a manner that may result in unnecessary frightening or
chasing of people or domestic livestock and wildlife;
(vii) Use motorized mechanical devices or explosives for digging,
scraping, or trenching for purposes of collecting.
(3) Penalties. Any person who knowingly and willfully violates any
rule of
[[Page 888]]
conduct described in Sec. 9268.3(c) (1) and (2) of this title shall be
fined not more than $1,000 or imprisoned for not more than 12 months, or
both.
(d) Operations--closures--(1) Closure of lands. In the management of
lands to protect the public and assure proper resource utilization,
conservation, and protection, public use and travel may be temporarily
restricted. For instance, areas may be closed during a period of high
fire danger or unsafe conditions, or where use will interfere with or
delay mineral development, timber and livestock operations, or other
authorized use of the lands. Areas may also be closed temporarily to:
(i) Protect the public health and safety;
(ii) Prevent excessive erosion;
(iii) Prevent unnecessary destruction of plant life and wildlife
habitat;
(iv) Protect the natural environment;
(v) Preserve areas having cultural or historical value; or
(vi) Protect scientific studies or preserve scientific values.
(2) Penalties. Any person who knowingly and willfully violates any
closure order issued under Sec. 9268.3(c)(2) of this title shall be
fined not more than $1,000 or imprisoned for not more than 12 months, or
both.
(e) Use authorization--(1) Rules for visitor uses, other than on
developed recreation sites--enforcement. Failure to pay any fee or
failure to obtain a permit required by subpart 8372 of this title or
operating with a suspended permit shall be punishable pursuant to the
Federal Land Policy and Management Act of 1976, the Land and Water
Conservation Fund Act, as amended, the Wild and Scenic Rivers Act, the
National Trails Act, the Sikes Act, and other laws when applicable [see
Sec. 9268.3(e)(2)].
(2) Penalties. (i) Section 303(a) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1733) provides: any person who
knowingly and willfully violates any such regulation which is lawfully
issued under this Act shall be fined no more than $1,000 or imprisoned
no more than twelve months, or both. Any person charged with a violation
of such regulation may be tried and sentenced by any United States
magistrate designated for that purpose by the court by which he was
appointed, in the same manner and subject to the same conditions and
limitations as provided for in section 3401 of Title 18 of the United
States Code.
(ii) Section 2, Land and Water Conservation Fund Act of 1964 (16
U.S.C. 460l-6a), provides that any person violating the rules and
regulations issued under section 4601-6e of title 16 U.S.C. shall be
punishable by a fine of not more than $100.
Any person so arrested may be tried and sentenced by any United States
magistrate specifically designated for that purpose by the court by
which he was appointed, in the same manner and subject to the same
conditions as provided for in title 18 U.S.C., section 3401, subsections
(b), (c), (d), and (e), as amended.
(iii) Section 204(a) of the Sikes Act of 1974 (16 U.S.C. 670g-n),
provides that:
(A) Any person who hunts, traps, or fishes on any public land which
is subject to a conservation and rehabilitation program implemented
under this Act without having on his person a valid public land
management area stamp, if the possession of such a stamp is required,
shall be fined not more than $1,000, or imprisoned for not more than 6
months, or both.
(B) Any person who knowingly violates or fails to comply with any
regulations prescribed under section 670h(c)(5) of title 16 U.S.C. shall
be fined not more than $500, or imprisoned not more than six months, or
both.
(iv) Section 7 of the National Trails Act of 1968 (16 U.S.C. 1241-
1249), provides: Any person who violates such regulations issued under
section 1246 (i) of title 16 U.S.C., and deemed necessary by the
Secretary of the Interior, shall be guilty of a misdemeanor, and may be
punished by a fine of not more than $500, or by imprisonment not
exceeding 6 months, or by both such fine and imprisonment.
[45 FR 31276, May 12, 1980, as amended at 46 FR 46810, Sept. 22, 1981]
[[Page 889]]
Sec. 9268.4 Visual resource management. [Reserved]
Sec. 9268.5 Wilderness management. [Reserved]
Sec. 9268.6 Environmental education and protection. [Reserved]
Subpart 9269--Technical Services
Sec. 9269.0-3 Authority.
(a) The provisions of this subpart are issued under the authority of
R.S. 2478; 43 U.S.C. 1201.
(b) In addition to liability for trespass on the public lands, as
indicated in parts 9230 and 9260 of this title, persons responsible for
such trespass may be prosecuted criminally under any applicable Federal
law. Penalties are prescribed by the following statutes:
(1) Timber trespass. 18 U.S.C. 1852, 1953.
(2) Turpentine trespass. 18 U.S.C. 1854.
(3) Coal trespass. 18 U.S.C. 1851, 30 U.S.C. 201(b)(4).
Sec. 9269.3 Criminal trespass.
Sec. 9269.3-1 General management. [Reserved]
Sec. 9269.3-2 Land resource management. [Reserved]
Sec. 9269.3-3 Minerals management.
(a) Oil and gas leasing. [Reserved]
(b) Geothermal resources leasing. [Reserved]
(c) Outer continental shelf leasing. [Reserved]
(d) Coal management--(1) Trespass. Mining operations conducted prior
to the effective date of a lease shall constitute an act of trespass and
be subject to penalties specified in Sec. 9239.5 of this title.
(2) Penalty for unauthorized exploration for coal. (i) Any person
who willfully conducts coal exploration for commercial purposes without
an exploration license issued under subpart 3410 of this title shall be
subject to a fine of not more than $1,000 for each day of violation.
(ii) All data collected by said person on any Federal lands as a
result of such violations shall immediately be made available to the
Secretary, who shall make the data available to the public as soon as
possible.
(iii) No penalty under this section may be assessed unless such
person is given notice and opportunity for a hearing with respect to
such violation pursuant to part 4 of this title.
(e) Minerals other than oil, gas and coal. [Reserved]
(f) Minerals materials disposal. [Reserved]
(g) Multiple use mining. [Reserved]
(h) Mining claims under the general mining laws. [Reserved]
Sec. 9269.3-4 Range management.
(a) Grazing administration--exclusive of Alaska--(1) Unlawful
enclosures or occupancy. Section 1 of the Act of February 25, 1885 (43
U.S.C. 1061), declares any enclosure of public lands made or maintained
by any party, association, or corporation who ``had no claim or color of
title made or acquired in good faith, or an asserted right thereto, by
or under claim, made in good faith with a view to entry thereof at the
proper land office under the general laws of the United States at the
time any such enclosure was or shall be made'' to be unlawful and
prohibts the maintenance or erection thereof. (See Sec. 9269.3-4(a)(2)
of this title).
(2) Penalties. Under section 4 of the Act of February 25, 1885 (43
U.S.C. 1064), any person violating any of the provisions of this Act,
whether as owner, part owner, or agent, or who shall aid, abet, counsel,
advise, or assist in any violation hereof, shall be deemed guilty of a
misdemeanor and fined a sum not exceeding $1,000, or be imprisoned not
exceeding one year, or both, for each offense.
(b) Grazing administration; Alaska; livestock. (1) Grazing livestock
upon, allowing livestock to drift and graze on, or driving livestock
across lands that are subject to lease or permit under the provisions of
part 9230 of this title or within a stock driveway, without a lease or
other authorization from the Bureau of Land Management, is prohibited
and constitutes trespass. Trespassers will be liable in damages to the
United States for forage consumed and for injury to Federal property,
and may be subject to criminal prosecution
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for such unlawful acts. A lessee who grazes livestock in violation of
the terms and conditions of his lease by exceeding numbers specified, or
by allowing the livestock to be on Federal land in an area or at a time
different from that designated in his lease shall be in default and
shall be subject to the provisions of Sec. 4220.7 (g) and (h) of this
title.
(2) Penalties. Under section 2 of the Taylor Grazing Act, any person
who willfully grazes livestock in such areas without such authority
shall, upon conviction, be punished by a fine of not more than $500.
(c) Grazing administration; Alaska; reindeer. (1) Any use of the
Federal lands for reindeer grazing purposes, unless authorized by a
valid permit issued in accordance with the regulations in part 4300 of
this title, is unlawful and is prohibited.
(2) Penalties. Any person who willfully violates any of the rules
and regulations in part 4300 of this title shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be punishable by
imprisonment for not more than one year, or by a fine of not more than
$500.
(d) Wild free-roaming horse and burro protection, management, and
control. [Reserved]
Sec. 9269.3-5 Timber management.
(a) Sales of forest products; general. [Reserved]
(b) Non-sale disposals; general--(1) Unauthorized cutting of timber-
mineral and non-mineral lands. (i) The cutting or removing of the timber
referred to in Secs. 5511.1 to 5511.1-4 of this title in any other
manner than that authorized by such sections will be considered a
trespass.
(ii) The cutting of timber for sale and speculation, or for use by
others than the permittee, is strictly prohibited.
(iii) Where permits are secured by fraud or timber is not used in
accordance with Sec. 5511.1-4 of this title, the Government will enforce
the same civil and criminal liabilities as in other cases of timber
trespass upon public lands.
(2) Unauthorized cutting of timber--Alaska. The cutting of the
timber from the public land in Alaska, other than in accordance with the
terms of the law and Secs. 5511.2 to 5511.2-6 of this title shall render
the persons responsible for trespass and such persons may be prosecuted
criminally under title 18 U.S.C., (see Sec. 9265.5(d) of this title), or
under State law.
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