[Federal Register Volume 60, Number 189 (Friday, September 29, 1995)]
[Rules and Regulations]
[Pages 50448-50452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24289]



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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Parts 5460, 5510, 9230, and 9260

[WO-230-6310-02-24 1A; Circular No. 2660]
RIN 1004-AB97


Free Use of Timber: General; Trespass; Law Enforcement: Criminal

AGENCY: Bureau of Land Management, Interior.

ACTION: Final rule.

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SUMMARY: This final rule amends provisions of the existing Bureau of 
Land Management (BLM) regulations on timber trespass. The rule edits 
the existing regulations to make them more orderly and easier to read, 
and adds a list of prohibited acts necessary to provide guidance 
concerning the administration of forest product contracts and free use 
permits, and law enforcement.

EFFECTIVE DATE: October 30, 1995.

ADDRESSES: Suggestions or inquiries should be sent to Director (230), 
Bureau of Land Management, 1849 C Street, NW., Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT: Bob Bierer, (202) 452-7755.

SUPPLEMENTARY INFORMATION: The BLM published a proposed rule on timber 
trespass in the Federal Register on September 13, 1993 (58 FR 47847), 
requesting comments by November 12, 1993. During the 60-day comment 
period, comments were received from 3 forest industry associations. The 
comments are discussed in the same sequence as the sections of the 
proposed rule. Many of the suggestions were adopted and are reflected 
in the final rule.
    The rule is a continuation of the effort to provide more effective 
control of trespass of timber and other vegetative resources on public 
lands. It provides further guidance to supplement the final rule 
published on March 11, 1991 (56 FR 10173), and includes specific 
prohibited acts to which BLM law enforcement personnel can refer to in 
issuing citations.

General Comments

    The three comments noted in support of the proposed rule that theft 
of any timber is a serious matter and there is continued support for 
strong law enforcement activities, including prosecution of any person 
found guilty of stealing federal timber.
    The law enforcement and resource protection program of the BLM is 
quite often involved in detecting and resolving trespasses against and 
thefts of timber and other vegetative resources. Uncertainty in 
prohibited acts or applicable penalties often causes their efforts to 
obtain criminal prosecution to be unsuccessful. The prohibited acts set 
forth in this rule will enhance law enforcement actions and serve as a 
deterrent to future trespass.
    One comment suggested that a timber contract should allow 
sufficient flexibility to assure that the objectives of both parties 
are satisfied, especially when circumstances arise that were unforeseen 
at the time of contract formation. That is the intent of this final 
rule.

Comments on Amendment of 43 CFR Part 5460

    Two comments stated that the prohibited acts relate only to BLM-
administered lands and that the final rule should clearly state this 
limitation. The language in Sec. 5462.2(a) has been amended to clarify 
this point.
    Another comment suggested deletion of the phrase ``See Sec. 9239.1 
of this title for trespass and subpart 9265 of this title for criminal 
prosecution'' from 5462.2(a). The comment has been adopted. The cross-
reference is rendered unnecessary by the addition of the penalty 
provision at Sec. 5462.2(c).
    A comment suggested that the language in Sec. 5462.2(b)(1) is 
ambiguous as to what may constitute ``otherwise damaging any timber'' 
and suggested that additional specific criteria as to what constitutes 
``damage'' be developed to avoid arbitrary and inconsistent on-the-
ground decisions. The prework conference required prior to commencement 
of operations provided for in the BLM Timber Sale Procedure Handbook is 
designed to discuss and clarify concerns such as this, and, in the 
context of cutting and removing timber, we do not consider ``otherwise 
damaging any timber'' to be ambiguous. The comment was not adopted.
    On Sec. 5462.2(b)(2), the comments pointed out that while it is 
proper in most situations to require a BLM employee to mark or 
designate all standing timber before it can be cut, there are instances 
where a logger has conflicting direction from two different Federal 
agencies or regulations. For example, Occupational Safety and Health 
Act (OSHA) regulations require operators to fell any tree constituting 
a hazard to safe working conditions immediately, and failure to do so 
may subject them to a fine. The only option available to the operator 
is to leave the area until a BLM employee arrives and designates the 
tree for felling, which is impractical for both parties. The comments 
noted that some allowance needs to be made for safety, or the agency 
must guarantee timely timber sale administration. Again, prework 
conferences are intended to resolve potential conflicts and procedural 
problems such as this, and the comments were not adopted in the final 
rule.
    Three comments recommended removing Sec. 5462.2(b)(3), because BLM 
no longer offers scaled sales. The comments were not adopted since this 
prohibited act is intended primarily for small salvage and firewood 
sales, and the BLM may occasionally offer scaled salvage timber sales 
where appropriate to harvest dead timber promptly to preclude excessive 
deterioration.
    Three comments suggested that Sec. 5462.2(b)(4) should be changed 
to 

[[Page 50449]]
specify that marking or designating products in a similar manner to 
that employed by BLM applies only to BLM-administered lands. These 
comments were adopted and language added to clarify this point.
    Three comments argued that proposed Sec. 5462.2(b)(6) could result 
in numerous timber sale defaults, not related to timber theft. Many 
timber sale contract violations are minor and should be dealt with 
under the terms and conditions of the contract. The recommendation to 
remove this paragraph has been adopted in the final rule.
    Three comments stated that the language in Sec. 5462.2(b)(5) and 
(7) would require all persons working on a BLM timber sale or hauling 
logs from a sale to have copies of the contract or permit in their 
possession and that this is unreasonable. They suggested that requiring 
the purchaser or its desig-nated representative to have a copy of the 
contract, as well as requiring each truck driver to have copies of the 
haul permit, should satisfy any accountability objective. This is an 
acceptable alternative, and provides for sufficient documentation and 
accountability. Language has therefore been added to adopt these 
comments.
    One comment noted that Sec. 5462.2(b)(7) authorizes any BLM 
employee to stop people associated with a timber sale at any time and 
demand that they produce a permit or contract. It questions whether all 
BLM employees have sufficient experience with timber sales to warrant 
such authority. Language was added to limit the BLM personnel to those 
persons acting within their designated authority as sale inspectors, 
contract administrators, contracting officers, and law enforcement 
officers.
    Several comments stated that BLM lacks authority to enforce State 
and local laws, especially in the absence of a cooperative law 
enforcement agreement, and that BLM employees should concentrate their 
efforts on on-the-ground inspection of timber sale operations rather 
than enforcing State and local laws. Section 5462.2(b)(8) of the 
proposed rule has been amended in the final rule to make it consistent 
with the Federal Land Policy and Management Act provision for 
cooperation with State and local regulatory and law enforcement 
officials (43 U.S.C. 1733(d)) and the language in Sec. 5462.2(b)(1).
    For purposes of clarity, the phrase ``by fraud'' in 
Sec. 5462.2(b)(10) of the proposed rule has been removed and replaced 
with language more precisely defining what constitutes fraud as it 
relates to timber and other vegetative resources.
    Three comments suggested that BLM define what constitutes a 
negligent act by an operator referred to in Sec. 5462.2(b)(11). One of 
the comments added that the concept of negligence should be removed and 
the BLM focus on ``intentional destruction.'' These comments were not 
adopted in the final rule. The prework conferences provided for in 
standard BLM timber sale contracts are the appropriate forums to 
discuss and clarify what constitutes a ``negligent act.''
    The paragraphs of Sec. 5462.2(b) have been renumbered in the final 
rule to accommodate the removal of paragraphs (3) and (6).
    A comment recommended addition of a new Sec. 5462.3 entitled 
``Penalties'' with a description of the penalties for knowingly and 
willfully violating the prohibited acts under Sec. 5462.2(b) to make it 
clear that criminal penalties apply to the prohibited acts. This 
comment has been adopted in the final rule, but by adding a new 
paragraph (c) to Sec. 5462.2 rather than a new Sec. 5462.3.

Comments on Amendments to 43 CFR Subpart 5511

    One comment recommended removal of the phrase ``See Sec. 9239.1 of 
this title for trespass and subpart 9265 of this title for criminal 
prosecution'' from Sec. 5511.4(a). The comment was adopted. The cross-
reference is rendered unnecessary by the addition of Sec. 5511.5--
Penalties.
    A comment recommended addition of a new Sec. 5511.5 entitled 
``Penalties'' with a description of the penalties for knowingly and 
willfully violating the prohibited acts under 5511.4(b) to make it 
clear again that criminal penalties apply. The comment was adopted.

Comments on Amendment of 43 CFR Part 9230

    No public comments addressed this part in the proposed rule. The 
BLM is currently in the process of updating and amending part 9230--
Trespass. The changes promulgated in this rule relating to timber 
trespass will be included in the subsequent revision of part 9230.

Comments on Amendment of 43 CFR Part 9260

    The BLM is also preparing to update and revise part 9260--Law 
Enforcement--Criminal. Organizational changes in Sec. 9265.6 have been 
adopted in the final rule and language has been added to that section 
detailing how penalties will be determined. These changes are made in 
order to standardize the penalty provisions in the various regulations 
that relate to timber, trees, and other vegetative resources. 
Paragraphs (a) and (b)(1) in the final rule are new and refer to the 
penalties imposed under the Sentencing Reform Act of 1984 (18 U.S.C. 
3551 et seq.), as they apply to the regulations for timber sales 
administration and free use of timber. The penalties are statutory and 
would apply whether they appear in the regulations or not. Paragraph 
(a) in the proposed rule has been renumbered (c), and paragraph (b) in 
the proposed rule has been renumbered (b)(2) in the final rule. Cross 
references to other regulations in title 43 governing the use of timber 
for mining and agriculture have been added to paragraph (b)(2). 
Paragraph (c) in the proposed rule has been renumbered (d) in the final 
rule to accommodate the earlier additions. No public comments addressed 
this part in the proposed rule.
    The principal author of this final rule is Robert Bierer, 
Biological and Heritage Implementation Team, assisted by the Regulatory 
Management Team, BLM.
    It is hereby determined that this final rule does not constitute a 
major Federal action significantly affecting the quality of the human 
environment, and that no detailed statement pursuant to section 
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)) is required. The BLM has determined that this final rule 
will not create environmental impacts. No critical element of the human 
environment is affected because the final rule merely promulgates a 
series of prohibited acts related to the ministerial aspects of the 
administration of timber sales contracts and the free use of timber. It 
does not prescribe or prohibit any substantive activities or methods 
for carrying out timber harvest operations on BLM-managed lands. It 
prohibits harvesting and removing timber without the requisite permits 
or haul tickets, prohibits the violation of other laws and regulations, 
including State and local laws, and using fraud or trickery to obtain a 
free-use permit. No sales or new uses of timber, and no other uses of 
land and resources, are authorized by this rule.
    This rule was not subject to review by the Office of Management and 
Budget under Executive Order 12866.
    The Department has determined under the Regulatory Flexibility Act 
(5 U.S.C. 601 et seq.) that the rule will not have a significant 
economic impact on a substantial number of small entities. There will 
be no cost increases imposed on the lumber industry other than those 
caused by violations of law, and there would thus be no economic effect 
on 

[[Page 50450]]
small business entities that do not violate the law. Also, the rule 
does not distinguish between business entities based on their size.
    The Department certifies that this final rule does not represent a 
governmental action capable of interference with constitutionally 
protected property rights. There will be no private property rights 
impaired as a result of this rule. Therefore, as required by Executive 
Order 12630, the Department of the Interior has determined that the 
rule would not cause a taking of private property.
    This rule does not contain information collection requirements that 
require approval by the Office of Management and Budget under 44 U.S.C. 
3501 et seq.

List of Subjects

43 CFR Part 5460

    Forest and forest products, Government contracts, Public lands.

43 CFR Part 5510

    Forest and forest products, Public lands, Surety bonds.

43 CFR Part 9230

    Penalties, Public lands.

43 CFR Part 9260

    Penalties, Public lands.

    Dated: July 19, 1995.
Sylvia V. Baca,
Acting Assistant Secretary of the Interior.
    For the reasons stated in the preamble, and under the authorities 
cited below, parts 5460 of Group 5000, 5510 of Group 5500, Subchapter 
E, and parts 9230, and 9260 of Group 9200, Subchapter I, Chapter II of 
Title 43 of the Code of Federal Regulations are amended as set forth 
below:

PART 5460--SALES ADMINISTRATION

    1. The authority citation for part 5460 continues to read as 
follows:

    Authority: 30 U.S.C. 601 et seq.; 43 U.S.C. 1181e.

    2. Subpart 5462 is amended by adding new paragraph (c) to 
Sec. 5462.1 and new Secs. 5462.2 and 5462.3 to read as follows:


Sec. 5462.1  Contract and permit compliance.

* * * * *
    (c)(1) The authorized officer may cancel a contract or permit upon 
determining that the holder has failed to comply with a law or 
regulation pertinent to the contract or permit. The authorized officer 
may also cancel a contract or permit upon determining that the holder 
has failed to comply with a stipulation or requirement contained in the 
contract or permit and the noncompliance is detrimental to the public 
interest. Individual contracts or permits may contain specific language 
defining the remedies or penalties associated with noncompliance.
    (2) Cancellation shall be mandatory in cases of intentional 
falsification of information used to obtain the permit or contract.


Sec. 5462.2  Prohibited acts.

    (a) The acts or omissions listed in paragraph (b) of this section 
apply only to BLM-administered lands and will render the person(s) 
responsible liable to the United States in a civil action for trespass, 
and such person(s) may be prosecuted criminally. If the authorized 
officer determines such acts or omissions to be detrimental to the 
public interest, the timber sale contract or permit held by the 
purchaser responsible for such acts or omissions may be canceled.
    (b) The following activities are prohibited:
    (1) Cutting, removing, or otherwise damaging any timber, tree, or 
other vegetative resource, except as authorized by a forest product 
sale contract, permit, or Federal law or regulation.
    (2) Cutting any standing tree, under a permit or timber sale 
contract, before a BLM employee has marked it or has otherwise 
designated it for cutting.
    (3) Removing any timber or other vegetative resource cut under a 
permit or timber sale contract, except to a place designated for 
scaling or measurement, or removing it from that place before it is 
scaled, measured, counted, or otherwise accounted for by a BLM 
employee.
    (4) Stamping, marking with paint, tagging, or otherwise identifying 
any tree or other vegetative resources on BLM-administered lands in a 
manner similar to that employed by BLM employees to mark or designate a 
tree or other vegetative resources for cutting, removal, or 
transportation.
    (5) Transporting timber or other vegetative resources without a 
valid haul ticket that pertains to the material in question, except as 
authorized by Federal law or regulation.
    (6) Except as authorized by Federal law or regulation, purchasers 
or their designated representatives, while engaging in any activity 
connected with the harvest or removal of forest products, failing to 
have in their possession and/or failing to produce any required permit 
or forest product sale contract for inspection upon demand by a BLM 
employee or any official of a cooperating law enforcement agency acting 
within his or her designated authority as a sale inspector, 
administrator, contracting officer, or law enforcement officer.
    (7) Violating any State or local laws and ordinances relating to 
local permits, tagging, and transportation of timber, trees, or other 
vegetative resources.
    (8) Violating any of the provisions regulating export and 
substitution contained in subparts 5400, 5403, and 5420 of this title.
    (9) Obtaining any forest product sale contract or permit or taking 
any timber, trees, or other vegetative resources through falsifying, 
concealing, or covering up by any trick, scheme, or device a material 
fact, or making any false, fictitious, or fraudulent statement or 
representation, or making or using a false, fictitious, or fraudulent 
statement or entry, including altering any forest product sales 
contract or permit or using an unauthorized reproduction of any 
official load tag.
    (10) Negligent or intentional destruction of or injury to any 
timber or other vegetative resource during operations under a forest 
product sale contract or permit.


Sec. 5462.3  Penalties.

    Under section 303(a) of the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1733(a)), any individual who knowingly and willfully 
commits the prohibited acts under Sec. 5462.2(b) is subject to arrest 
and trial by the United States Magistrate and, if convicted, shall be 
subject to a fine of not more than $100,000 in accordance with the 
applicable provisions of the Sentencing Reform Act of 1984 (18 U.S.C. 
3551 et seq.), or imprisonment not to exceed 12 months, or both, for 
each offense, and any organization that commits these prohibited acts 
is subject to arrest and trial by the United States Magistrate and, if 
convicted, shall be subject to a fine of not more than $200,000.

PART 5510--FREE USE OF TIMBER

    3. The authority citation for part 5510 continues to read as 
follows:

    Authority: 61 Stat. 681, as amended; 69 Stat. 367; 48 Stat. 
1269, sec. 11, 30 Stat. 414, as amended, R.S. 2478, sec. 323, 41 
Stat. 450; 30 U.S.C. 601 et seq., 43 U.S.C. 315, 48 U.S.C. 423, 43 
U.S.C. 1201, 30 U.S.C. 189.

Subpart 5511--Free Use Regulations


Sec. 5511.1-1  [Amended]

    4. Section 5511.1-1 is amended by removing paragraph (f)(3).


Sec. 5511.1-4  [Amended]

    5. Section 5511.1-4 is amended by removing paragraphs (e) and (f). 

[[Page 50451]]

    6. Section 5511.2-1 is amended by revising paragraph (a) to read as 
follows:


Sec. 5511.2-1  Free use privilege; cutting by agent.

    (a) Except as provided in Sec. 5511.1-4 the only timber which may 
be cut under Secs. 5511.2-1 through 5511.2-5 for free use in Alaska is 
timber on vacant public lands in the State not reserved for national 
forest or other purposes. The timber so cut may not be sold or 
bartered. The free use privilege does not extend to associations or 
corporations, except churches, hospitals, and charitable institutions. 
Any applicant entitled to the free use of timber may procure it by 
agent, if desired, but no part of the timber may be used in payment for 
services in obtaining it or in manufacturing it into lumber. Timber may 
not be cut by an applicant under this section after the land has been 
included in a valid homestead settlement or entry or other claim, 
except that any applicant for the free use of timber who has been 
granted a permit to cut as hereinafter provided, will have a right to 
cut the timber while the permit remains in force as against a 
subsequent applicant who may wish to obtain the same timber by 
purchase.
* * * * *


Sec. 5511.2-4  [Amended]

    7. Section 5511.2-4 is amended by revising the reference ``5511.2-
6'' to read ``5511.2-5''.


Sec. 5511.2-5  [Amended]

    8. Section 5511.2-5 is removed.


Sec. 5511.2-7  [Redesignated as Sec. 5511.2-5 and amended]

    9. Section 5511.2-7 is redesignated as Sec. 5511.2-5 and the 
reference ``Sec. 5511.2-4'' at the end of the section is revised to 
read ``Sec. 5511.1-4''.
    10. Section 5511.4 is added to read as follows:


Sec. 5511.4  Prohibited acts.

    (a) In addition to the prohibited acts listed in Sec. 5462.2, the 
acts or omissions listed in paragraph (b) will render the person(s) 
responsible liable to the United States in a civil action for trespass 
and such persons may be prosecuted criminally.
    (b) The following acts are prohibited:
    (1) Obtaining any free use permit or taking any timber, trees, or 
other vegetative resources through falsifying, concealing, or covering 
up by any trick, scheme, or device a material fact, or making any 
false, fictitious, or fraudulent statements or representations, or 
making or using any false, fictitious or fraudulent statement or entry, 
including altering of any free use permit or using a reproduction of 
any official load tags.
    (2) Using timber secured under a free use permit for any purpose 
other than provided for in Secs. 5511.1-1(d), 5511.1-2, 5511.1-4, 
5511.2-2, 5511.3-6, or 5511.3-8.
    (3) Violating any of the terms and conditions of a free use permit.
    (4) Exporting timber cut under a free use permit from the State in 
which it was cut, except as provided in Sec. 5511.1-1(e).
    (5) The cutting of timber under a free use permit for sale, barter, 
speculation, or use by others than the permittee.
    11. Section 5511.5 is added to read as follows:


Sec. 5511.5  Penalties.

    Under section 303(a) of the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1733(a), any individual who knowingly and willfully 
commits the prohibited acts under Sec. 5511.4(b) is subject to arrest 
and trial by the United States Magistrate and, if convicted, shall be 
subject to a fine of not more than $100,000, or not more than $250,000 
if commission of the prohibited acts results in death, in accordance 
with the applicable provisions of the Sentencing Reform Act of 1984 (18 
U.S.C. 3551 et. seq.), or imprisonment not to exceed 12 months, or 
both, for each offense, and any organization that commits these 
prohibited acts is subject to arrest and trial by the United States 
Magistrate and, if convicted, shall be subject to a fine of not more 
than $200,000, or not more than $500,000 if commission of the 
prohibited acts results in death.

PART 9230--TRESPASS

    12. The authority citation for 43 CFR part 9230 continues to read 
as follows:

    Authority: R.S. 2478; 43 U.S.C. 1201; 43 U.S.C. 1701, et seq.; 
18 U.S.C. 1851-1858.

Subpart 9239--Kinds of Trespass

    13. Section 9239.1-1 is amended by removing paragraph (c) and (d), 
and revising the heading and paragraph (b) to read as follows:


Sec. 9239.1-1  Unauthorized cutting, removal, or injury.

* * * * *
    (b) Commission of any of the acts listed in Secs. 5462.2 and 5511.4 
of this title constitutes a trespass.
    14. Section 9239.1-2 is amended by revising the heading and 
paragraph (a) to read as follows:


Sec. 9239.1-2  Penalty for trespass.

    (a) In accordance with Secs. 9239.0-7, 9239.0-8, and 9239.1-1 of 
this subpart, anyone responsible for a trespass act is liable to the 
United States in a civil action for damages and may be prosecuted under 
criminal law as provided in Sec. 9265.6 of this chapter.
* * * * *
    15. Section 9239.1-3 is amended by adding paragraph (a)(4) to read 
as follows:


Sec. 9239.1-3  Measure of damages.

     (a) * * *
    (1) * * *
    (4) In the case of a purchase from a trespasser, if the purchaser 
has no knowledge of the trespass, but should have had such knowledge 
through reasonable diligence, the value at the time of the purchase.
* * * * *

PART 9260--LAW ENFORCEMENT--CRIMINAL

    16. The authority citation for 43 CFR part 9260 is revised to read 
as follows:

    Authority: 16 U.S.C. 433; 16 U.S.C. 460l-6a; 16 U.S.C. 670j; 16 
U.S.C. 1246(i); 16 U.S.C. 1338; 18 U.S.C. 1851-1861; 18 U.S.C. 3551 
et seq.; 43 U.S.C. 315(a); 43 U.S.C. 1061, 1063; 43 U.S.C. 1733.

Subpart 9265--Timber and Other Vegetative Resources Management

    17. The heading of subpart 9265 is revised to read as set forth 
above.
    18. Section 9265.0-3 is amended by inserting after ``title 18 
U.S.C.,'' the phrase ``and section 1733 of title 43 U.S.C.,''.
    19. Section 9265.4 is amended by adding text to read as follows:


Sec. 9265.4  Sales of forest products, general.

    Commission of any of the acts listed in Sec. 5462.2 of this title 
is a violation of Federal regulations and may subject the responsible 
person(s) to criminal penalties under titles 18 and 43 of the United 
States Code.
    20. Section 9265.5 is revised to read as follows:


Sec. 9265.5  Non-sale disposals, general.

    Commission of any of the acts listed in Sec. 5511.4 of this title 
is a violation of Federal regulations and may subject the responsible 
person(s) to criminal penalties under titles 18 and 43 U.S.C.
    21. Section 9265.6 is added to read as follows:


Sec. 9265.6  Penalties.

    (a) Sales administration. Under section 303(a) of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1733(a)), any individual 
who knowingly and willfully commits the prohibited acts under 
Sec. 5462.2(b) of this 

[[Page 50452]]
title is subject to arrest and trial by the United States Magistrate 
and, if convicted, shall be subject to a fine of not more than $100,000 
in accordance with the applicable provisions of the Sentencing Reform 
Act of 1984 (18 U.S.C. 3551 et seq.), or imprisonment not to exceed 12 
months, or both, for each offense, and any organization that commits 
these prohibited acts is subject to arrest and trial by the United 
States Magistrate and, if convicted, shall be subject to a fine of not 
more than $200,000, or not more than $500,000 if commission of the 
prohibited acts results in death.
    (b) Free use of timber. (1) Under section 303(a) of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1733(a), any 
individual who knowingly and willfully commits the prohibited acts 
under 5511.4(b) of this title is subject to arrest and trial by the 
United States Magistrate and, if convicted, shall be subject to a fine 
of not more than $100,000, or not more than $250,000 if commission of 
the prohibited acts results in death, in accordance with the applicable 
provisions of the Sentencing Reform Act of 1984 (18 U.S.C. 3551 et 
seq.), or imprisonment not to exceed 12 months, or both, for each 
offense, and any organization that commits these prohibited acts is 
subject to arrest and trial by the United States Magistrate and, if 
convicted, shall be subject to a fine of not more than $200,000, or not 
more than $500,000 if commission of the prohibited acts results in 
death.
    (2) Exceptions for mining and agriculture. This section shall not 
prevent any miner or agriculturist from clearing his land in the 
ordinary working of his mining claim, or in the preparation of his farm 
for tillage, or from taking the timber necessary to support his 
improvements, or the taking of timber for the use of the United States; 
or take away any right or privilege under any existing law of the 
United States to cut or remove timber from any public lands. Use or 
taking of timber for these exceptions is subject to the regulations 
provided in part 2920--Leases, Permits and Easements, part 3715--Use 
and Occupancy of Mining Claims, subpart 3802--Exploration and Mining, 
Wilderness Review Program, and/or subpart 3809--Surface Management.
    (c) Timber removed or transported. Under 18 U.S.C. 1852, any 
person:
    (1) Who unlawfully cuts, or wantonly destroys, any timber growing 
on the public lands of the United States;
    (2) Who unlawfully removes any timber from said public lands, with 
intent to export or dispose of the same; or
    (3) Who, being the owner, master, pilot, operator, or consignee of 
any vessel, motor vehicle, or aircraft or the owner, director, or agent 
of any railroad, knowingly transports any timber unlawfully cut or 
removed from said lands, or lumber manufactured therefrom; shall be 
subject to arrest and trial by the United States Magistrate and, if 
convicted, shall be subject to a fine of not more than $100,000, or not 
more than $250,000 if commission of the prohibited acts results in 
death, in accordance with the applicable provisions of the Sentencing 
Reform Act of 1984 (18 U.S.C. 3551 et seq.), or imprisonment not to 
exceed 12 months, or both, for each offense, and any organization that 
commits these prohibited acts is subject to arrest and trial by the 
United States Magistrate and, if convicted, shall be subject to a fine 
of not more than $200,000, or not more than $500,000 if commission of 
the prohibited acts results in death.
    (d) Trees cut or injured. Under 18 U.S.C. 1853, whoever unlawfully 
cuts, or wantonly injures or destroys any tree growing, standing, or 
being upon any land of the United States which, in pursuance of law, 
has been reserved or purchased by the United States for any public use, 
or upon any Indian reservation, or lands belonging to or occupied by 
any tribe of Indians under the authority of the United States, or any 
Indian allotment while the title to the same shall be held in trust by 
the Government, or while the same shall remain inalienable by the 
allottee without the consent of the United States, shall be subject to 
arrest and trial by the United States Magistrate and, if convicted, 
shall be subject to a fine of not more than $100,000 in accordance with 
the Sentencing Reform Act of 1984 (18 U.S.C. 3551 et seq.), or 
imprisonment not to exceed 12 months, or both, for each offense, and 
any organization that commits these prohibited acts is subject to 
arrest and trial by the United States Magistrate and, if convicted, 
shall be subject to a fine of not more than $200,000.

[FR Doc. 95-24289 Filed 9-28-95; 8:45 am]
BILLING CODE 4310-84-P