[Federal Register Volume 79, Number 147 (Thursday, July 31, 2014)]
[Rules and Regulations]
[Pages 44293-44296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18020]


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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 262

RIN 0596-AB61


Law Enforcement Support Activities

AGENCY: Forest Service, USDA.

ACTION: Final rule.

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SUMMARY: This final rule revises regulations regarding removal of 
obstructions, impoundment of personal property, payment of rewards, and 
payment for information and evidence in furtherance of an 
investigation. The revisions will clarify and concisely state the 
Agency's authority for setting reward amounts and will streamline the 
rules regarding payment for information and evidence in furtherance of 
an investigation. The revisions will also shorten the timeframe for 
impoundment procedures, change the posting requirement, and allow the 
Forest Service to retain unclaimed or abandoned personal property for 
administrative use.

DATES: The rule is effective September 2, 2014.

ADDRESSES: The public may inspect the record for the final rule at the 
Office of the Director, Law Enforcement and Investigations, 201 14th 
Street SW., Washington, DC between 8:30 a.m. and 4:30 p.m., Monday 
through Friday. Visitors are encouraged to call 703-605-4690 to 
facilitate entry into the building.

FOR FURTHER INFORMATION CONTACT: Kenneth Pearson, Assistant Director 
for Enforcement, at 703-605-4527, or via email at [email protected].
    Individuals who use telecommunication devices for the deaf may call 
the Federal Information Relay Service at 800-877-8339 between 8 a.m. 
and 8 p.m., Monday through Friday.

SUPPLEMENTARY INFORMATION: 

1. Background

    Forest Service regulations at 36 CFR part 262, in effect since 
1977, govern payment of rewards, payments for information and evidence 
in furtherance of an investigation, impoundment of property, and 
removal of obstructions from National Forest System lands. On February 
16, 1994, the Forest Service published a proposed rule to amend 36 CFR 
part 262 (59 FR 7880). A final rule was never promulgated. Most of the 
comments received on the 1994 proposal to amend part 262 involved the 
meaning of terms used and proposed revisions that would permit the 
Agency to remove objects that are an impediment or a safety hazard to 
users of National Forest System lands.
    In 2008, the Agency renewed its efforts to amend 36 CFR part 262. 
In addition to reviewing the comments on the 1994 proposal, the Forest 
Service reviewed 36 CFR part 262 to determine its applicability in view 
of changing laws, resource conditions, and other factors affecting 
management of National Forest System lands. For example, the structure 
of the Forest Service's Law Enforcement and Investigations staff 
changed in 1994 to provide for the Director of Law Enforcement and 
Investigations Staff to report directly to the Chief, rather than to 
the former Deputy Chief for Administration position (now the Deputy 
Chief for Business Operations). Accordingly, the proposed rule vested 
the authority to make or approve payment of rewards at 36 CFR 262.2 and 
payments for information and evidence in furtherance of an 
investigation at 36 CFR 262.3 with the Director of the Law Enforcement 
and Investigations. The proposed rule also revised limits on maximum 
amounts and approval authority for payment of rewards.
    The Agency published a proposed rule in the Federal Register (73 FR 
41003, July 17, 2008), for public notice and comment. Only one 
respondent commented on the proposed rule. This respondent's comment is 
addressed below. The changes included in the proposed rule are retained 
in the final rule. Additional revisions for clarity are discussed 
below.

2. Section-by-Section Analysis

36 CFR Part 262, Subpart A

    Section 262.1 Definitions. This section contains definitions of 
terms pertaining to the law enforcement support activities in 36 CFR 
part 262, including ``camping equipment,'' ``damaging,'' ``forest 
officer,'' ``law enforcement personnel,'' ``unauthorized livestock,'' 
and ``vehicle.'' This section replaces current Sec.  262.1, which will 
be redesignated as Sec.  262.2.
    Section 262.2 Rewards in connection with fire or property 
prosecutions. The Department is redesignating Sec.  262.1, ``Rewards in 
connection with fire or property prosecution,'' as Sec.  262.2 in the 
final rule. Paragraphs (a)(1) and (a)(2) of current Sec.  262.1 set 
reward amounts for information leading to the arrest and conviction of 
any person for setting on fire or causing to be set on fire any timber, 
underbrush, or grass on National Forest System or nearby lands. The 
reward amounts vary depending on whether the fire was willfully set. 
Paragraph (a)(3) of current Sec.  262.1 sets a

[[Page 44294]]

reward amount for information leading to the arrest and conviction of 
any person charged with destroying or stealing any property of the 
United States. The revisions to paragraphs (a)(1) through (a)(3) 
establish new reward payment limitations.
    Paragraph (a)(4) of current Sec.  262.1 authorizes payment of a 
reward for information and evidence in furtherance of an investigation 
of damage to or theft of all or part of a Pacific yew tree. This 
provision was added in 1991 (56 FR 29182, June 26, 1991) to address an 
increase in theft of and damage to the Pacific yew. At the time, the 
Pacific yew was the only known source of the chemical taxol, which is 
used to treat cancer. Since taxol is now synthetically produced, the 
demand for the Pacific yew no longer exists, and the tree is no longer 
being damaged or stolen. Consequently, the Department is removing 
paragraph (a)(4) from Sec.  262.1 in the final rule.
    The Department is revising paragraph (b) of current Sec.  262.1 to 
include a cross-reference to 36 CFR 296.17, which, pursuant to Section 
8 of the Archaeological Resources Protection Act (ARPA) (16 U.S.C. 
470gg), authorizes payment of a reward from a criminal or civil penalty 
collected under Section 6 or 7 of ARPA (16 U.S.C. 470ee or 470ff) for 
information and evidence leading to the criminal conviction or civil 
liability of the person who paid the penalty.
    Paragraph (e) of current Sec.  262.1 states: ``Applications for 
reward should be forwarded to the Regional Forester, Research Director, 
or Area Director who has responsibility for the land or property 
involved in the trespass.'' The final rule amends paragraph (e) to 
read: ``Applications for a reward should be forwarded to the Special 
Agent in Charge who has responsibility for investigation of the 
violation of law.'' The Agency is replacing ``trespass'' with 
``violation of law'' because ``trespass'' does not encompass the 
violations of law enumerated in Sec.  262.1.
    Section 262.3 Payment for information and evidence in furtherance 
of investigations. For simplicity and clarity, the Forest Service is 
combining Sec.  262.2, ``Purchase of information in furtherance of 
investigations,'' and Sec.  262.3, ``Purchase of evidence in 
furtherance of investigations,'' into Sec.  262.3 and renaming it 
``Payments for information and evidence in furtherance of 
investigations.'' Paragraph (a) revised in Sec.  262.3, ``Approval of 
payments,'' establishes new dollar limits for payments for information 
and evidence in furtherance of an investigation and delegations of 
authority to the Chief of the Forest Service for approval of those 
payments. Paragraph (b) in revised Sec.  262.3, ``Limitations,'' limits 
payments for information and evidence to further investigations of 
felony and misdemeanor violations.

36 CFR Part 262, Subpart B

    The current heading for this subpart is ``Impoundments and 
Removals.'' The Department is revising the heading of subpart B to 
read, ``Administrative Impoundment and Removal.'' This revision 
clarifies that impoundment and removal under 36 CFR part 262, subpart 
B, of animals or personal property on National Forest System lands are 
administrative remedies governed by Agency regulations, as opposed to 
impoundment and seizure of property pursuant to arrests and searches, 
which are governed by the Federal Rules of Criminal Procedure for the 
United States District Courts.
    Section 262.12 Impoundment of personal property. The current 
regulation sets out the procedure for impounding property that is on 
National Forest System lands without permission or in violation of law.
    For clarity, the Department has split paragraph (a) of Sec.  262.12 
into two paragraphs, (a) and (b).
    Paragraph (b) of current Sec.  262.12 states that if the local 
Forest Officer does not know the name and address of the owner, 
impoundment may be effected at any time 15 days after the date a notice 
of intention to impound the property in trespass is first published in 
a local newspaper and posted at the county courthouse and in one or 
more local post offices and that it be posted in at least one place on 
the property or in proximity thereto.
    The Forest Service is redesignating paragraph (b) as paragraph (c) 
and revising it to allow impoundment 72 hours after a trespass is 
discovered and to eliminate the posting requirements in the local 
newspaper, at the county courthouse, and at local post offices. This 
revision aligns Forest Service regulations with the regulations of 
other Federal land management agencies and allows timely removal of 
property in trespass, thereby protecting National Forest System lands 
and resources.
    The Department is redesignating paragraph (c) as paragraph (d) and 
is revising it for clarity.
    Paragraph (d) of current Sec.  262.12 states that if the personal 
property is not redeemed on or before the date fixed for its 
disposition, it shall be sold by the Forest Service at public sale to 
the highest bidder. The Department is redesignating paragraph (d) as 
paragraph (e) and revising it to give the Forest Service the option to 
retain and use unclaimed or abandoned personal property for official 
use, under authority delegated pursuant to the Federal Property and 
Administrative Services Act, as amended, and its implementing 
regulations (40 U.S.C. 552; 41 CFR 102-41.50), rather than having to 
offer the property for sale. In many cases, the cost of selling the 
property exceeds its value, and retention of unclaimed personal 
property for administrative use by the Forest Service could result in 
substantial savings to the public. The Department also is revising 
existing paragraph (d) to state, per existing authority, that the 
Federal Government will bill the property owner for costs associated 
with impoundment, removal, and storage.
    Section 262.13 Removal of obstructions. This section currently 
provides for removal of vehicles or other objects that create an 
``impediment or hazard to the safety, convenience, or comfort of other 
users of the National Forest System.'' The revised Sec.  262.13 adds 
the authority to remove vehicles or other objects that are abandoned, 
vandalized, or a fire hazard or that impair access to or use of any 
area of the National Forest System. This revision addresses the 
increasing number of automobiles and other large objects being left on 
National Forest System lands. These abandoned objects need to be 
removed because they interfere with access to and use of National 
Forest System lands, may pose a fire or public safety hazard, and are 
often unsightly.

3. Response to Comments

    The 60-day comment period on the proposed rule ended on September 
15, 2008. Only one respondent commented on the proposed rule.
    Comment. The respondent objected to elimination of posting 
requirements for impoundment of property in trespass. The respondent 
stated that impoundment and removal of animals or personal property on 
National Forest System lands are not and should not be administrative 
remedies governed by Agency regulations. The respondent further stated 
that the proposed rule would authorize Federal agents to seize and 
transport personal property and livestock without adhering to due 
process afforded by the United States Constitution.
    Response. The portion of this comment addressing impoundment of 
livestock is beyond the scope of this rulemaking, which addresses only 
impoundment of personal property. The final rule retains the 
requirement in Sec.  262.12(b) to post a notice of intention to impound 
the property in trespass in at least one place in the vicinity of the

[[Page 44295]]

property if the local Forest Officer does not know the name and address 
of the owner of property in trespass. Forest Service impoundment 
regulations have been in place for many years. They are consistent with 
applicable law and the impoundment regulations of other Federal land 
management agencies and allow timely removal of property in trespass, 
thereby protecting National Forest System lands and resources.
    Comment. The respondent also stated that Federal agents should not 
seize or transport livestock without strictly adhering to due process 
requirements under State and Federal law.
    Response. This comment is beyond the scope of this rulemaking, 
which does not modify Sec.  262.10, Impoundment and disposal of 
unauthorized livestock.

4. Regulatory Certifications

Environmental Impact

    This final rule revises law enforcement regulations governing 
certain activities on National Forest System lands. Forest Service 
regulations at 36 CFR 220.6(d)(2) exclude from documentation in an 
environmental assessment or environmental impact statement rules, 
regulations, or policies to establish servicewide administrative 
procedures, program processes, or instructions. The Department has 
determined that this final rule falls within this category of actions 
and that no extraordinary circumstances exist which require preparation 
of an environmental assessment or environmental impact statement.

Regulatory Impact

    This final rule has been reviewed under USDA procedures and 
Executive Order (E.O.) 12866 on regulatory planning and review, as 
amended by E.O. 13422. It has been determined that this final rule is 
not significant. This final rule will not have an annual effect of $100 
million or more on the economy, nor will it adversely affect 
productivity, competition, jobs, the environment, public health or 
safety, or State or local governments. This final rule will not 
interfere with an action taken or planned by another agency, nor will 
it raise new legal or policy issues. Finally, this final rule will not 
alter the budgetary impact of entitlements, grants, user fees, or loan 
programs or the rights and obligations of beneficiaries of those 
programs. Accordingly, this final rule is not subject to review by the 
Office of Management and Budget under E.O. 12866.
    This final rule has been considered in light of the Regulatory 
Flexibility Act (5 U.S.C. 602 et seq.). This final rule amends Forest 
Service law enforcement regulations governing removal of obstructions, 
impoundment of personal property, and payment of rewards and payments 
for information and evidence in furtherance of an investigation and 
will not impose any requirements on the public. The Department has 
determined that this final rule will not have a significant economic 
impact on a substantial number of small entities as defined by that Act 
because this final rule will not impose recordkeeping requirements on 
them; it will not affect their competitive position in relation to 
large entities; and it will not affect their cash flow, liquidity, or 
ability to remain in the market.

Federalism and Consultation and Coordination With Indian Tribal 
Governments

    The Department has considered this final rule under the 
requirements of E.O. 13132 on federalism. The Department has determined 
that this final rule conforms with the federalism principles set out in 
this E.O.; will not impose any compliance costs on the States; and will 
not have substantial direct effects on the States, on the relationship 
between the Federal Government and the States, or on the distribution 
of power and responsibilities among the various levels of government. 
Therefore, the Department has determined that no further determination 
of federalism implications is necessary at this time.
    This final rule does not have tribal implications per E.O. 13175, 
Consultation and Coordination with Indian Tribal Governments. 
Therefore, advance consultation with tribes is not required in 
connection with the final rule.

No Takings Implications

    The Department has analyzed the final rule in accordance with the 
principles and criteria in E.O. 12630 and has determined that this 
final rule will not pose the risk of a taking of private property.

Civil Justice Reform

    The Department has reviewed this final rule under E.O. 12988 on 
civil justice reform. After adoption of this final rule, (1) all State 
and local laws and regulations that conflict with this final rule or 
that impede its full implementation will be preempted; (2) no 
retroactive effect will be given to this final rule; and (3) it will 
not require administrative proceedings before parties may file suit in 
court challenging its provisions.

Unfunded Mandates

    Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2 
U.S.C. 1531-1538), the Department has assessed the effects of this 
final rule on State, local, and tribal governments and the private 
sector. This final rule will not compel the expenditure of $100 million 
or more by any State, local, or tribal government or anyone in the 
private sector. Therefore, a statement under section 202 of the Act is 
not required.

Energy Effects

    The Department has reviewed the final rule under E.O. 13211 of May 
18, 2001, Actions Concerning Regulations That Significantly Affect 
Energy Supply. The Department has determined that this final rule does 
not constitute a significant energy action as defined in the E.O.

Controlling Paperwork Burdens on the Public

    This final rule does not contain any record-keeping or reporting 
requirements or other information collection requirements as defined in 
5 CFR part 1320 that are not already required by law or not already 
approved for use. Accordingly, the review provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and its implementing 
regulations at 5 CFR part 1320 do not apply to this final rule.

List of Subjects in 36 CFR Part 262

    Investigations, Law enforcement, National forests, Seizures and 
forfeitures.

    Therefore, for the reasons set forth in the preamble, the Forest 
Service is amending title 36 of the Code of Federal Regulations, part 
262 as follows:

PART 262--LAW ENFORCEMENT SUPPORT ACTIVITIES

0
1. Revise the authority citation for part 262 to read as follows:

    Authority:  7 U.S.C. 1011(f); 16 U.S.C. 470ee, 470ff, 470gg, 
472, 551, 559a; 40 U.S.C. 552; 41 CFR 102-41.

0
2. In subpart A, revise Sec. Sec.  262.1 through 262.3 to read as 
follows:

Subpart A--Rewards and Payments

Sec.
262.1 Definitions.
262.2 Rewards in connection with fire or property prosecutions.
262.3 Payments for information and evidence in furtherance of 
investigations.
* * * * *

[[Page 44296]]

Sec.  262.1  Definitions.

    The following definitions apply to subparts A and B:
    Camping equipment. Personal property used in or suitable for 
camping, including any vehicle used for transportation and all 
equipment in possession of a person camping, other than food and 
beverages.
    Damage. To injure, mutilate, deface, destroy, cut, chop, girdle, 
dig, excavate, kill, or in any way harm or disturb.
    Forest officer. An employee of the Forest Service.
    Law enforcement personnel. An employee of the Forest Service who is 
a special agent, law enforcement officer, or reserve law enforcement 
officer.
    National Forest System. As defined in the Forest and Rangeland 
Renewable Resources Planning Act of 1974, the ``National Forest 
System'' includes all National Forest lands reserved or withdrawn from 
the public domain of the United States, all National Forest lands 
acquired through purchase, exchange, donation, or other means, the 
National Grasslands and land utilization projects administered under 
Title III of the Bankhead-Jones Farm Tenant Act (50 Stat. 525, 7 U.S.C. 
1010-1012), and other lands, waters or interests therein which are 
administered by the Forest Service or are designated for administration 
by the Forest Service as a part of that system.
    Vehicle. Any device in, upon, or by which any person or property 
may be transported, including any frame, chassis, or body of any motor 
vehicle, except devices used exclusively upon stationary rails or 
tracks.


Sec.  262.2  Rewards in connection with fire or property prosecutions.

    (a) Law enforcement personnel may pay up to $50,000 as a reward for 
information and evidence leading to the conviction of any person for:
    (1) Willfully or maliciously setting on fire or causing to be set 
on fire any timber, underbrush, or grass on National Forest System 
lands or on non-National Forest System lands if the fire endangers or 
injures National Forest System lands or users;
    (2) Kindling or causing to be kindled a fire on National Forest 
System lands or on non-National Forest System lands if the fire 
endangers or injures National Forest System lands or users; or
    (3) Destroying, damaging, or stealing any property of the United 
States.
    (b) See 36 CFR 296.17 for direction on payment of a reward from a 
criminal or civil penalty collected under Section 6 or 7 of the 
Archaeological Resources Protection Act (16 U.S.C. 470ee or 470ff) for 
information and evidence leading to the criminal conviction or civil 
liability of the person who paid the penalty.
    (c) Officers and employees of the United States Department of 
Agriculture may not receive rewards under this section.
    (d) Submit applications for a reward to the Special Agent in Charge 
who has responsibility for the investigation involved in the violation 
of law no later than 3 months after the date of conviction of an 
offender. Applications submitted after that date will not be 
considered. To allow all claimants to present their claims within the 
prescribed limit, the Special Agent in Charge shall not take action 
with respect to rewards regarding an investigation until 3 months after 
the date of conviction of an offender.
    (e) The Special Agent in Charge reserves the right to refuse 
payment of a reward when it is determined that collusion or improper 
methods were used to secure the conviction involved.
    (f) The Special Agent in Charge reserves the right to pay only one 
reward where several persons have been convicted of the same offense or 
where one person has been convicted of several offenses, but may, 
depending on the circumstances, determine that payment of a reward for 
each conviction is justified.


Sec.  262.3  Payments for information and evidence in furtherance of 
investigations.

    (a) Approval of Payment. Law enforcement personnel may pay for 
information and evidence in furtherance of investigations of felonies 
and misdemeanors related to Forest Service administration.
    (1) Criminal investigators in the GS-1811 series and other law 
enforcement personnel designated by the Chief of the Forest Service, 
Director of Law Enforcement and Investigations, or Special Agent in 
Charge may, without prior approval, pay up to $1,000 for information 
and evidence under this section.
    (2) Payments over $1,000 and up to $5,000 require prior written 
approval from the Special Agent in Charge.
    (3) Payments over $5,000 and up to $10,000 require prior written 
approval from the Director of Law Enforcement and Investigations.
    (4) Payments over $10,000 require prior written approval from the 
Chief of the Forest Service.
    (b) Limitations. Payments for information and evidence under this 
section are restricted to furthering investigations of felony and 
misdemeanor violations. Payments for information and evidence in 
furtherance of investigations of infractions are not authorized under 
this section.

Subpart B--Administrative Impoundment and Removal

0
3. Revise the heading of subpart B to read as set forth above.

0
4. Revise the heading of Sec.  262.11 to read as follows:


Sec.  262.11  Impoundment of dogs.

* * * * *

0
5. In Sec.  262.12, revise the section heading and paragraphs (b) and 
(d) to read as follows:


Sec.  262.12  Impoundment of property.

* * * * *
    (b) If the local Forest Officer does not know the name and address 
of the owner of property in trespass, impoundment may be effected at 
any time 72 hours after a notice of intention to impound the property 
in trespass is posted in at least one place in the vicinity of the 
property.
* * * * *
    (d) The owner of impounded property may redeem it by the date set 
for its disposition, but shall remain liable for all costs associated 
with its impoundment, removal, transportation, and storage. Impounded 
property that is not redeemed by the date set for its disposition shall 
become the property of the United States and may be retained by the 
Forest Service for official use, sold at public sale to the highest 
bidder, or otherwise disposed of. When impounded property is sold, the 
forest officer conducting the sale shall furnish the purchaser with a 
bill of sale or other written instrument evidencing the sale. The 
original owner shall remain liable for all costs associated with 
impoundment, removal, transportation, and storage of the property, 
minus any amount received from the sale of the property.
* * * * *

0
6. Revise Sec.  262.13 to read as follows:


Sec.  262.13  Removal of obstructions.

    A Forest Officer may remove or have removed a vehicle or other 
object on National Forest System lands that is abandoned or vandalized 
or that poses an impediment or hazard to the safety, convenience, or 
comfort of National Forest System visitors.

    Dated: June 24, 2014.
Mary Wagner,
Associate Chief, Forest Service.
[FR Doc. 2014-18020 Filed 7-29-14; 11:15 am]
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