PART 9260—LAW ENFORCEMENT—CRIMINAL Authority: 16 U.S.C. 4601-6a, 16 U.S.C. 670h, 16 U.S.C. 1246(i), 16 U.S.C. 1336, 43 U.S.C. 315a, 43 U.S.C. 1733(a), 43 U.S.C. 1740, and Executive Order 11644, 37 FR 2877, 3 CFR, 1971-1975 Comp., p. 666. Source: 45 FR 31276, May 12, 1980, unless otherwise noted. Subpart 9260—Law Enforcement, General § 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. § 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. § 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. §§ 9260.0-4-9260.0-6 [Reserved] § 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 § 9262.0 Authority. 43 U.S.C. 1732, 1733, 1740, 1761-1771. [54 FR 25855, June 20, 1989] § 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 §§ 2808.10(a), 2812.1-3, 2888.10, or 2920.1-2(a) of this chapter, 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. [70 FR 21090, Apr. 22, 2005] Subpart 9263—Minerals Management § 9263.1 Operations conducted under the 1872 Mining Law. See subpart 3809 of this title for law enforcement provisions applicable to operations conducted on public lands under the 1872 Mining Law. [65 FR 70132, Nov. 21, 2000] Subpart 9264—Range Management § 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. et seq. (b) The provisions of § 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. § 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 § 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. (2) Under section 303(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq. [45 FR 31276, May 12, 1980, as amended at 47 FR 41713, Sept. 21, 1982] § 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. (a) Prohibited acts. (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 (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 § 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 § 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 § 9265.0-3 Authority. The provisions of § 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] § 9265.4 Sales of forest products, general. Commission of any of the acts listed in § 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] § 9265.5 Non-sale disposals, general. Commission of any of the acts listed in § 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] § 9265.6 Penalties. (a) Sales administration. et seq. (b) Free use of timber. et seq. (2) Exceptions for mining and agriculture. (c) Timber removed or transported. (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. (d) Trees cut or injured. et seq. [60 FR 50451, Sept. 29, 1995] Subpart 9266—Wildlife Management § 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). § 9266.4 Viable coral communities. (a) Requirement for a permit. (b) Penalty. Subpart 9267—Water Management [Reserved] Subpart 9268—Recreation Programs § 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. § 9268.1 Cultural resource management. [Reserved] § 9268.2 Natural history resource management procedures. [Reserved] § 9268.3 Recreation management—procedures. (a) Off-road vehicles, use of public lands Applicability. (2) Conditions of use—regulations governing 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 § 8341.2 of this title as applicable, while operating such vehicle on public lands. (3) Vehicle operations—standards. (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. (b) Management areas. (c) Operations Rules of conduct Developed sites and areas. (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. (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 § 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. (d) Operations closures Closure of lands. (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. (e) Use authorization Rules for visitor uses, other than on developed recreation sites—enforcement. (2) Penalties. (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; 67 FR 61745, Oct. 1, 2002] § 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. (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). § 9269.3 Criminal trespass. § 9269.3-1 General management. [Reserved] § 9269.3-2 Land resource management. [Reserved] § 9269.3-3 Minerals management. (a) Oil and gas leasing. (b) Geothermal resources leasing. (c) Outer continental shelf leasing. (d) Coal management Trespass. (2) Penalty for unauthorized exploration for coal. (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. (f) Minerals materials disposal. (g) Multiple use mining. (h) Mining claims under the general mining laws. § 9269.3-4 Range management. (a) Grazing administration—exclusive of Alaska Unlawful enclosures or occupancy. (2) Penalties. (b) Grazing administration; Alaska; livestock. (2) Penalties. (c) Grazing administration; Alaska; reindeer. (2) Penalties. (d) Wild free-roaming horse and burro protection, management, and control. § 9269.3-5 Timber management. (a) Sales of forest products; general. (b) Non-sale disposals; general Unauthorized cutting of timber-mineral and non-mineral lands. (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 § 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.