[Code of Federal Regulations]
[Title 36, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR262.12]

[Page 366]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 262--LAW ENFORCEMENT SUPPORT ACTIVITIES--Table of Contents
 
                  Subpart B--Impoundments and Removals
 
Sec. 262.12  Impounding of personal property.

    (a) Automobiles or other vehicles, trailers, boats, and camping 
equipment and other inanimate personal property on National Forest 
System lands without the authorization of a Forest officer which are not 
removed therefrom within the prescribed period after a warning notice as 
provided in this regulation may be impounded by a Forest officer. 
Whenever such Forest officer knows the name and address of the owner, 
such impoundment may be effected at any time five days after the date 
that written notice of the trespass is mailed by registered mail or 
delivered to such owner.
    (b) In the event 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. A copy of this notice 
shall also be posted in at least one place on the property or in 
proximity thereto.
    (c) Personal property impounded under this regulation may be 
disposed of at the expiration of 90-days after the date of impoundment. 
The owner may redeem the personal property within the 90-day period by 
submitting proof of ownership and paying all expenses incurred by the 
United States in advertising, gathering, moving, impounding, storing, 
and otherwise caring for the property, and also for the value of the use 
of the site occupied during the period of the trespass.
    (d) 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. If no bid is received, the property, 
or portions thereof, may, in the discretion of the responsible Forest 
officer, be sold at private sale or be condemned and destroyed or 
otherwise disposed of. When personal property is sold pursurant to this 
regulation, the Forest officer making the sale shall furnish the 
purchaser a bill of sale or other written instrument evidencing the 
sale.
    (e) The provisions of this section shall not apply to the 
impoundment or disposal of beached logs in Alaska if deemed abandoned 
under State law.

[42 FR 2961, Jan. 14, 1977, as amended at 46 FR 33521, June 30, 1981. 
Redesignated at 48 FR 26604, June 9, 1983]