[Code of Federal Regulations]
[Title 43, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR9265.6]

[Page 935-936]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 9260_LAW ENFORCEMENT_CRIMINAL--Table of Contents
 
      Subpart 9265_Timber and Other Vegetative Resources Management
 
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.

[[Page 936]]

    (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.

[60 FR 50451, Sept. 29, 1995]