# U.S. Forest Service Authority and Policy

Fire restriction and closure orders are authorized by the Code of
Federal Regulations (CFR) and the references listed below.

## Restrictions 

-   36 CFR 261, Subpart B.

## Closures

-   36 CFR 261.52(e)---Going into or being upon an area.

## Restrictions and Closures 

-   16 U.S.C. §551: 18 U.S.C. §3559; and 18 U.S.C. §3571---Violations
    and penalties.

-   36 CFR 261.51---Posting requirements.

-   FSH 1909.15, 31.lb---Categorical exclusion for restriction and
    closure orders: Category 1, of categories established by the Chief,
    where no case file or decision memo is required.

-   FSH 2709.11, 31.23(1)--- Special Uses -- Temporary fee adjustments.

-   FSH 5109.18,52---Fire restrictions and closures.

-   FSH 5309.11,32---Issuing Orders under Title 36, CFR, Part 261,
    Subpart B.

-   FSH 5309.11,33---Termination of order.

**TITLE 1200 -- ORGANIZATION**

**FOREST SERVICE MANUAL**

**Amendment No. 1200-92-1**

**Effective March 30, 1992**

***1231.3 - Acting Authority***. Heads of organizational units are
frequently not available for periods of time. Positions also become
vacant. In either event, the responsible officer must designate, in
writing, an individual to act for, or as, the unit head. The designation
of an \"acting\" must include the duration of the assignment.

~~Employees designated as \"Actings\" automatically assume and have the
power to exercise all the authority delegated to the officer for whom
they are acting, unless the written designation specifically limits the
exercise of certain authorities. For example, a line officer designating
an \"acting\" may be specifically prohibited from allowing an \"Acting\"
to exercise a particular authority.~~

> **~~\[The Office of the General Counsel (OGC) has rendered the opinion
> that an "Acting Forest Supervisor" may sign a Forest Order, as long as
> this authority has not been eliminated in the letter of delegation.
> Also, anyone authorized by the District Ranger may sign an
> entry/activity permit\].~~ (Removed 5/01/06 per R3 FAM)**
>
> **(Inserted 5/01/06 per R3 FAM)**
>
> Only the Chief, Regional Forester, and Forest Supervisor (including
> those individuals who may be explicitly designated in writing, by the
> Regional Forester or the Deputy Regional Forester, as Acting Forest
> Supervisor) have been granted authority by the Secretary of
> Agriculture to lawfully sign/issue a Forest Order in Region 3. The
> Federal Courts have interpreted this to mean that this authority has
> been reserved for these positions only, and is unable to be further
> delegated to either a Deputy Forest Supervisor, an individual
> designated by a Forest Supervisor to act in his or her absence, or any
> other individual subordinate to the above listed persons. If an Acting
> Forest supervisor must sign an Order, include a copy of the Acting's
> written Order signing designation in the case file."

***1231.31 - Continuing Acting Authority***. A unit head may designate
an employee to act on a continuing basis but only when the unit head is
absent. For example, the Chief annually designates the Deputy Chiefs to
serve as \"Acting Chief\" on a monthly rotation basis when the Chief and
Associate Chief are not available. Position descriptions of employees
who are expected to routinely act in the absence of a unit head
generally reflect this authority and responsibility also.

**FSH 1909.15 - ENVIRONMENTAL POLICY AND PROCEDURES HANDBOOK**

**CHAPTER 30 - CATEGORICAL EXCLUSION FROM DOCUMENTATION**

**WO Amendment No. 1909.15-92-1**

**Effective 9/21/92**

***31.1b - Categories Established by the Chief***. The following
categories of routine administrative, maintenance, and other actions
normally do not individually or cumulatively have a significant effect
on the quality of the human environment (sec. 05) and, therefore, may be
categorically excluded from documentation in an EIS or an EA unless
scoping indicates extraordinary circumstances (sec. 30.5) exist:

1\. Orders issued pursuant to 36 CFR Part 261 - Prohibitions to provide
short-term resource protection or to protect public health and safety.
Examples include but are not limited to:

a\. Closing a road to protect bighorn sheep during lambing season..
Closing an area during a period of extreme fire danger.

**FSH 2709.11 - SPECIAL USES HANDBOOK**

**CHAPTER 30 -- FEE DETERMINATION**

**Effective 01/09/2003**

31.23 - Temporary Fee Adjustments

1\. ***Non-Use.*** The authorized Forest Service officer may place a use
authorization in a non-use status when such action is necessary for the
protection of the interest of the United States, or when circumstances
beyond the holder\'s control deny the holder the use of the
authorization. Placing an authorization in non-use status fully waives
fees for that period. The holder may not use the area for the use
authorized during the non-use period; however, the holder must maintain
the premises and improvements in a satisfactory condition.

**FSH 5109.18 - WILDLAND FIRE PREVENTION HANDBOOK**

**CHAPTER 50 - WILDLAND FIRE PREVENTION ENFORCEMENT AND FIRE
INVESTIGATION**

**WO Amendment 5109.18-99-1**

**Effective 06/10/1999\
**

***52 - FIRE RESTRICTIONS AND CLOSURES***. Ensure that plans are
developed, for implementation at appropriate times by order on local
units, for restrictions on the use of open fires and other causal agents
and for closures of National Forest System lands due to fire danger. See
Title 36, Code of Federal Regulations, part 261, subpart B for specific
prohibitions.

Coordinate with Law Enforcement and Investigations Staff and Office of
Communications personnel in the preparation and public notification for
an order and implementation plan. All special orders must be reviewed by
Law Enforcement and Investigations personnel prior to approval (FSM
5304.31a and 5304.33a).

***52.1 - Fire Restriction Orders***. Line officers above the District
Ranger level issue orders for restricting activities on National Forest
System lands. When a unit determines the need to order and implement the
fire restriction plan, ensure close coordination with cooperators and
other functional areas within the Forest Service, especially law
enforcement personnel. Base the issuance of orders for these
restrictions on:

1\. Live fuel moistures.

2\. Burning indexes.

3\. Drought indexes.

4\. Draw down levels.

***52.2 - Emergency Forest Area Closures***. An emergency closure of
National Forest System lands for any reason can be extremely sensitive.
Prior to the actual need for an emergency closure, develop a plan for
emergency forest area closures. The final decision to implement an
emergency closure is implemented by order from a line officer above the
District Ranger level, in most cases

the Forest Supervisor. Orders for area closures should be based on
extreme fire danger, and area closures must be coordinated with law
enforcement and cooperating fire and law enforcement agencies.

1\. Implement closures only under the most severe conditions.

2\. Allow closures to remain in effect for the shortest possible time.

3\. Implement closures with the concurrence of cooperators and local
political jurisdictions.

***52.3 - Posting***. Display each prohibition contained in a
restriction and/or closure order in a manner to reasonably bring the
prohibitions to the attention of the public (36 CFR 261.51).
Implementation should include feedback from communications and law
enforcement personnel.

**TITLE 5300 - LAW ENFORCEMENT**

**FOREST SERVICE MANUAL**

**Amendment No. 5300-2000-2**

**Effective July 21, 2000**

***5304.31 - Regional Foresters.***

***5304.31a - Authority***. Issue orders and regulations, after review
and concurrence by the Special Agent in Charge, pursuant to Title 36,
Code of Federal Regulations, Part 261, Subpart B, section 50 and Part
261, Subpart C, section 70.

***5304.31b - Responsibility***. It is the responsibility of Regional
Foresters to fulfill administrative support requirements in accordance
with yearly support agreements (FSM

5304.21, para. 1c).

***5304.32 - Station Directors, Area Directors, and Institute
Director***. It is the responsibility of the Station Directors, Area
Director, and Institute Director or their actings to ensure that any
allegations of illegal acts that meet the criteria in FSM 5304.21,
paragraph 3b, when committed by any employee, are immediately reported
in writing to the Washington Office, Director of Law Enforcement and
Investigations (FSM 5320.43).

***5304.33 - Forest Supervisors***.

***5304.33a - Authority***. Issue orders, after review and concurrence
by appropriate law enforcement personnel, pursuant to Title 36, Code of
Federal Regulations,\
Part 261, Subpart B, section 50.

+-----------------------------------------------------------------------+
| **FSH 5309.11 -- LAW ENFORCEMENT HANDBOOK**                           |
|                                                                       |
| **CHAPTER 30 - VIOLATIONS**                                           |
|                                                                       |
| **WO AMENDMENT 5309.11-2000-1**                                       |
|                                                                       |
| **EFFECTIVE DATE: 08/22/2000**                                        |
+-----------------------------------------------------------------------+

32 - ISSUING ORDERS UNDER TITLE 36, CODE OF FEDERAL REGULATIONS, PART
261, SUBPART B

***32.1 - Scope of Orders***

Orders issued under the authority provided in Title 36, Code of Federal
Regulations, sections 261.50(a) and (b) (36 CFR 261.50(a) and (b)) may
not prohibit more than what is specified in the regulation. However, the
prohibitions that are issued may be less restrictive than those
authorized in 36 CFR Part 261, Subpart B, by dropping a restriction or
making an exception. Take care when changing wording to clearly make the
prohibition no more restrictive and to avoid changing the concept or
purpose of the basic prohibition. Assistance in modifying such
prohibitions may be requested from the Office of the General Counsel.

***32.11 - Exemptions***

An order may exempt any of the following persons from any of the
prohibitions contained in the order:

1\. Persons with a permit specifically authorizing the otherwise
prohibited act or omission.

2\. Owners or lessees of land in the area.

3\. Residents in the area.

4\. Any Federal, State, or local officer, or member of an organized
rescue or firefighting force in the performance of an official duty.

5\. Persons engaged in a business, trade, or occupation in the area.

6\. Any other person meeting exemption requirements specified in the
order.

***32.2 - Legality of Orders***

All orders must be legally sound to withstand court review. The
originating unit shall obtain legal assistance from the unit\'s Law
Enforcement Staff. Orders should be prepared in the following sequence:

1\. Describe the area to which the order applies in such a manner that a
person can clearly recognize the area. Utilize rivers, streams, marshes,
lakeshores, roads, geographic names, and other natural or constructed
features, in addition to legal land descriptions.

2\. Describe the road or trail to which the order applies as indicated
in paragraph 1.

3\. Specify the times during which the prohibitions apply; for example,
May through August.

4\. State clearly each prohibition that is applied.

5\. Post in accordance with Title 36, Code of Federal Regulations,
section 261.51\
(36 CFR 261.51).

**TERMINATION OF ORDER**

To remove or cancel a prohibition that does not have a specific
timeframe or is being done prior to the ending date on the order,
requires a Termination of an Order be prepared and executed. The
termination order shall declare the prohibition is removed, specifying
the date of the termination, and signed by the appropriate line officer.

Attach the original order to the termination order. Remove all signs
stating the prohibition. See exhibit 01 for an example of a termination
of an order.

##   {#section .unnumbered}

## 33 - Exhibit 01

### Sample Termination of an Order

\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ NATIONAL
FOREST

Pursuant to Title 36 CFR 261.50(a) and/or (b), the prohibition(s) listed
in Order Number

, applicable to the \_ National Forest, dated , and signed by\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ is (are) hereby terminated.

Date: \_ [\_\_]{.underline} By
/s/[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}

36 CFR 261 Regulations

**TITLE 36 \-- PARKS, FORESTS, AND PUBLIC PROPERTY**

**CHAPTER II \-- FOREST SERVICE, DEPARTMENT OF AGRICULTURE**

**PART 261 -- PROHIBITIONS**

**SUBPART A \-- GENERAL PROHIBITIONS**

**§ 261.1 Scope.**

\(a\) The prohibitions in this part apply, except as otherwise provided,
when:

\(1\) An act or omission occurs in the National Forest System or on a
National Forest System road or trail.

\(2\) An act or omission affects, threatens, or endangers property of
the United States administered by the Forest Service.

\(3\) An act or omission affects, threatens, or endangers a person
using, or engaged in the protection, improvement or administration of
the National Forest System or a National Forest System road or trail.

\(4\) An act or omission occurs within the designated boundaries of a
component of the National Wild and Scenic Rivers System.

\(b\) Nothing in this part shall preclude activities as authorized by
the Wilderness Act of 1964 or the U.S. Mining Laws Act of 1872 as
amended.

**§ 261.1a Special use authorizations, contracts and operating plans.**

The Chief, each Regional Forester, each Forest Supervisor, and each
District Ranger or equivalent officer may issue special-use
authorizations, award contracts, or approve operating plans authorizing
the occupancy or use of a road, trail, area, river, lake, or other part
of the National Forest System in accordance with authority which is
delegated elsewhere in this chapter or in the Forest Service Manual.
These Forest Officers may permit in the authorizing document or approved
plan an act or omission that would otherwise be a violation of a subpart
A or subpart C regulation or a subpart B order. In authorizing such
uses, the Forest Officer may place such conditions on the authorization
as that officer considers necessary for the protection or administration
of the National Forest System, or for the promotion of public health,
safety, or welfare.

**§ 261.1b Penalty.**

Any violation of the prohibitions of this part (261) shall be punished
by a fine of not more than \$ 500 or imprisonment for not more than six
months or both pursuant to title *16 U.S.C., section 551,* unless
otherwise provided.

**§ 261.2 Definitions.**

The following definitions apply to this part:

**Archaeological resource** means any material remains of prehistoric or
historic human life or activities which are of archaeological interest
and are at least 50 years of age, and the physical site, location, or
context in which they are found.

**Campfire** means a fire, not within any building, mobile home or
living accommodation mounted on a motor vehicle, which is used for
cooking, personal warmth, lighting, ceremonial, or esthetic purposes.
Fire includes campfire.

**Camping** means the temporary use of National Forest System lands for
the purpose of overnight occupancy without a permanently-fixed
structure.

**Camping equipment** means the personal property used in or suitable
for camping, and includes any vehicle used for transportation and all
equipment in possession of a person camping. Food and beverage are not
considered camping equipment.

**Cave** means any naturally occurring void, cavity, recess, or system
of interconnected passages beneath the surface of the earth or within a
cliff or ledge and which is large enough to permit a person to enter,
whether the entrance is excavated or naturally formed. Such term shall
include any natural pit, sinkhole, or other opening which is an
extensive of a cave entrance or which is an integral part of the cave.

**Cave resources** mean any materials or substances occurring in caves
including, but not limited to, biotic, cultural, mineralogic,
paleontologic, geologic, and hydrologic resources.

**Commercial use or activity** \-- any use or activity on National
Forest System lands (a) where an entry or participation fee is charged,
or (b) where the primary purpose is the sale of a good or service, and
in either case, regardless of whether the use or activity is intended to
produce a profit.

**Damaging** means to injure, mutilate, deface, destroy, cut, chop,
girdle, dig, excavate, kill or in any way harm or disturb.

**Developed recreation site** means an area which has been improved or
developed for recreation.

**Distribution of printed material** \-- disseminating, posting,
affixing, or erecting printed material as defined in this section.

**Forest officer** means an employee of the Forest Service.

**Historical resource** means any structural, architectural,
archaeological, artifactual or other material remains of past human life
or activities which are of historical interest and are at least 50 years
of age, and the physical site, location, or context in which they are
found.

**Motorized equipment** means any machine activated by a nonliving power
source except small battery-powered handcarried devices such as
flashlights, shavers, Geiger counters, and cameras.

**Motor vehicle** means any vehicle which is self-propelled or any
vehicle which is propelled by electric power obtained from batteries,
but not operated on rails.

**National Forest System** includes all national forest lands and waters
reserved or withdrawn from the public domain of the United States,
national forest lands and waters acquired through purchase, exchange,
donation, or other means, national grasslands and land utilization
projects and waters 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 acquired under the Wild and Scenic River
Act *(16 U.S.C. 1271*-1287) or National Trails System Act *(16 U.S.C.
1241*-1249).

**National Forest System road** means a road wholly or partly within or
adjacent to and serving a part of the National Forest System and which
has been included in a forest transportation atlas.

**National Forest System trail** means a trail wholly or partly within
or adjacent to and serving a part of the National Forest System and
which has been included in a forest transportation atlas.

**National Forest wilderness** means those parts of the National Forest
System which were designated units of the National Wilderness
Preservation System by the Wilderness Act of September 3, 1964, and such
other areas of the National Forest System as are added to the wilderness
system by act of Congress.

**Operating plan** means a plan of operations as provided for in 36 CFR
part 228, subpart A, and a surface use plan of operations as provided
for in 36 CFR part 228, subpart E.

**Paleontological resource** means any evidence of fossilized remains of
multicellular invertebrate and vertebrate animals and multicellular
plants, including imprints thereof. Organic remains primarily collected
for use as fuel such as coal and oil are Paleontological Resources, but
are excluded from the prohibitions under the rule.

**Person** means natural person, corporation, company, partnership,
trust, firm, or association of persons.

**Permission** means oral authorization by a forest officer.

**Permit** means authorization in writing by a forest officer.

**Prehistoric resource** means any structural, architectural,
archaeological, artifactual or other material remains of past human life
or activity generally prior to the advent of written records and of
anthropological interest, and the physical site, location, or context in
which they are found.

**Primitive areas** are those areas within the National Forest System
classified as Primitive on the effective date of the Wilderness Act,
September 3, 1964.

**Printed material** \-- any written and/or graphic material including
but not limited to pamphlets, brochures, photographs, graphics, signs,
and posters.

**Publicly nude** means nude in any place where a person may be observed
by another person. Any person is nude if the person has failed to cover
the rectal area, pubic area or genitals. A female person is also nude if
she has failed to cover both breasts below a point immediately above the
top of the areola. Each such covering must be fully opaque. No person
under the age of 10 years shall be considered publicly nude.

**Special-use authorization** means a permit, term permit, lease or
easement which allows occupancy, or use rights or privileges of National
Forest System land.

**State** means any State, the Commonwealth of Puerto Rico, and the
District of Columbia.

**State law** means the law of any State in whose exterior boundaries an
act or omission occurs regardless of whether State law is otherwise
applicable.

**Stove fire** means a campfire built inside an enclosed stove or grill,
a portable brazier, or a pressurized liquid or gas stove, including a
space-heating device.

**Unauthorized livestock** means any cattle, sheep, goat, hog, or equine
not definded as a wild free-roaming horse or burro by § 222.20(b)(13),
which is not authorized by permit to be upon the land on which the
livestock is located and which is not related to use authorized by a
grazing permit; provided, that noncommerical pack and saddle stock used
by recreationists, travelers, other Forest visitors for occasional
trips, as well as livestock to be trailed over an established driveway
when there is no overnight stop on Forest Service administered land do
not fall under this definition.

**Vehicle** means any device in, upon, or by which any person or
property is or may be transported, including any frame, chassis, or body
of any motor vehicle, except devices used exclusively upon stationary
rails or tracks.

**Volunteer** or hosted enrollee means any person, not a Forest Service
employee, officially participating in a Forest Service human resource
program as authorized by an act of Congress and identified to accomplish
one or more of the following objectives: provide skills training;
education; useful work; develop understanding of ecological systems and
conservation of natural resources; build cultural and communication
bridges between various socioeconomic groups; and further the
administration, development, and management of National Forest
resources, forest research, and State and Private Forest activities.

**Wild free-roaming horses and burros** mean all unbranded and unclaimed
horses and burros and their progeny that have used lands of the National
Forest System on or after December 15, 1971, or do hereafter use these
lands as all or part of their habitat, but does not include any horse or
burro introduced onto National Forest System lands on or after December
15, 1971, by accident, negligence, or willful disregard of private
ownership. Unbranded, claimed horses and burros, where the claim is
found to be erroneous, are also considered as wild and free-roaming if
they meet the criteria above.

**PART 261 \-- PROHIBITIONS**

**SUBPART B \-- PROHIBITIONS IN AREAS DESIGNATED BY ORDER**

§ 261.50 Orders.

\(a\) The Chief, each Regional Forester, each Experiment Station
Director, the Administrator of the Lake Tahoe Basin Management Unit and
each Forest Supervisor may issue orders which close or restrict the use
of described areas within the area over which he has jurisdiction. An
order may close an area to entry or may restrict the use of an area by
applying any or all of the prohibitions authorized in this subpart or
any portion thereof.

\(b\) The Chief, each Regional Forester, each Experiment Station
Director, the Administrator of the Lake Tahoe Basin Management Unit and
each Forest Supervisor may issue orders which close or restrict the use
of any National Forest System road or trail within the area over which
he has jurisdiction.

\(c\) Each order shall:

> \(1\) For orders issued under paragraph (a) of this section, describe
> the area to which the order applies;
>
> \(2\) For orders issued under paragraph (b) of this section, describe
> the road or trail to which the order applies;
>
> \(3\) Specify the times during which the prohibitions apply if applied
> only during limited times;
>
> \(4\) State each prohibition which is applied; and
>
> \(5\) Be posted in accordance with § 261.51.
>
> \(d\) The prohibitions which are applied by an order are supplemental
> to the general prohibitions in Subpart A.

\(e\) An order may exempt any of the following persons from any of the
prohibitions contained in the order:

> \(1\) Persons with a permit specifically authorizing the otherwise
> prohibited act or omission.
>
> \(2\) Owners or lessees of land in the area;
>
> \(3\) Residents in the area;
>
> \(4\) Any Federal, State, or local officer, or member of an organized
> rescue or firefighting force in the performance of an official duty;
> and
>
> \(5\) Persons engaged in a business, trade, or occupation in the area.
>
> \(6\) Any other person meeting exemption requirements specified in the
> order.

\(f\) Any person wishing to use a National Forest System road or trail
or a portion of the National Forest System, should contact the Forest
Supervisor, Director, Administrator, or District Ranger to ascertain the
special restrictions which may be applicable thereto.

§ 261.51 Posting.

Posting is accomplished by:

\(a\) Placing a copy of the order imposing each prohibition in the
offices of the Forest Supervisor and District Ranger, or equivalent
officer who have jurisdiction over the lands affected by the order, and

\(b\) Displaying each prohibition imposed by an order in such locations
and manner as to reasonably bring the prohibition to the attention of
the public.

§ 261.52 Fire.

When provided by an order, the following are prohibited:

\(a\) Building, maintaining, attending or using a fire, campfire, or
stove fire.

\(b\) Using an explosive.

\(c\) Smoking.

\(d\) Smoking, except within an enclosed vehicle or building, a
developed recreation site, or while stopped in an area at least three
feet in diameter that is barren or cleared of all flammable material.

\(e\) Going into or being upon an area.

\(f\) Possessing, discharging or using any kind of firework or other
pyrotechnic device.

\(g\) Entering an area without any firefighting tool prescribed by the
order.

\(h\) Operating an internal combustion engine.

\(i\) Welding, or operating an acetylene or other torch with open flame.

\(j\) Operating or using any internal or external combustion engine
without a spark arresting device properly installed, maintained and in
effective working order meeting either:

\(1\) Department of Agriculture, Forest Service Standard 5100-1a; or

> J350(a).

\(k\) Violating any state law specified in the order concerning burning,
fires or which is for the purpose of preventing, or restricting the
spread of fires.

§ 261.70 Issuance of regulations.

\(a\) Pursuant to 7 CFR 2.60, the Chief, and each Regional Forester, to
whom the Chief has delegated authority, may issue regulations
prohibiting acts or omissions within all or any part of the area over
which he has jurisdiction, for one or more of the following purposes:

\(1\) Fire prevention or control.

\(2\) Disease prevention or control.

\(3\) Protection of property, roads, or trails.

> \(4\) Protection of threatened, endangered, rare, unique, or vanishing
> species of plants, animals, birds or fish, or special biological
> communities.
>
> \(5\) Protection of objects or places of historical, archaeological,
> geological or paleontological interest.

\(6\) Protection of scientific experiments or investigations.

\(7\) Public safety.

\(8\) Protection of health.

\(9\) Establishing reasonable rules of public conduct.

\(b\) Regulations issued under this subpart shall not be contrary to or
duplicate any prohibition which is established under existing
regulations.

\(c\) In issuing any regulations under paragraph (a) of this section,
the issuing officer shall follow *5 U.S.C. 553.*

\(d\) In a situation when the issuing officer determines that a notice
of proposed rule making and public participation thereon is
impracticable, unnecessary, or contrary to the public interest, he shall
issue, with the concurrence of the Chief, an interim regulation
containing an expiration date.

\(e\) No interim regulation issued under paragraph (d) of this section
will be effective for more than 90 days unless readopted as a permanent
rule after a notice of proposed rule making under *5 U.S.C. 553* (b) and
(c).

16 U.S.C. §551; 18 U.S.C. §3559, 3571

**TITLE 16. CONSERVATION  \
CHAPTER 3. FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT  \
GENERAL PROVISIONS**

16 USCS § 551 (2002)

§ 551.  Protection of national forests; rules and regulations

The Secretary of the Interior \[Agriculture\] shall make provisions for
the protection against destruction by fire and depredations upon the
public forests and forest reservations \[national forests\] which may
have been set aside or which may be hereafter set aside under the said
Act of March third, eighteen hundred and ninety-one, and which may be
continued; and he may make such rules and regulations and establish such
service as will insure the objects of such reservations, namely, to
regulate their occupancy and use and to preserve the forests thereon
from destruction; and any violation of the provisions of this Act or
such rules and regulations shall be punished by a fine of not more than
\$ 500 or imprisonment for not more than six months, or both. Any person
charged with the violation of such rules and regulations may be tried
and sentenced by any United States commissioner \[magistrate judge\]
specially 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. 3401, subsections (b), (c), (d), and
(e), as amended.

**TITLE 18. CRIMES AND CRIMINAL PROCEDURE  \
PART II. CRIMINAL PROCEDURE  \
CHAPTER 227. SENTENCES  \
SUBCHAPTER A. GENERAL PROVISIONS**

**18 USCS § 3559 (2002)**

§ 3559.  Sentencing classification of offenses\
\
(a) Classification. An offense that is not specifically classified by a
letter grade in the section defining it, is classified if the maximum
term of imprisonment authorized is\--\
   (1) life imprisonment, or if the maximum penalty is death, as a Class
A felony;\
   (2) twenty-five years or more, as a Class B felony;\
   (3) less than twenty-five years but ten or more years, as a Class C
felony;\
   (4) less than ten years but five or more years, as a Class D felony;\
   (5) less than five years but more than one year, as a Class E
felony;\
   (6) one year or less but more than six months, as a Class A
misdemeanor;\
   (7) six months or less but more than thirty days, as a Class B
misdemeanor;\
   (8) thirty days or less but more than five days, as a Class C
misdemeanor; or\
   (9) five days or less, or if no imprisonment is authorized, as an
infraction.\
 (b) Effect of classification. Except as provided in subsection (c), an
offense classified under subsection (a) carries all the incidents
assigned to the applicable letter designation, except that, the maximum
term of imprisonment is the term authorized by the law describing the
offense.\
(c) Imprisonment of certain violent felons.\
   (1) Mandatory life imprisonment. Notwithstanding any other provision
of law, a person who is convicted in a court of the United States of a
serious violent felony shall be sentenced to life imprisonment if---\
      (A) the person has been convicted (and those convictions have
become final) on separate prior occasions in a court of the United
States or of a State of---\
         (i) 2 or more serious violent felonies; or\
         (ii) one or more serious violent felonies and one or more
serious drug offenses; and\
      (B) each serious violent felony or serious drug offense used as a
basis for sentencing under this subsection, other than the first, was
committed after the defendant\'s conviction of the preceding serious
violent felony or serious drug offense.\
   (2) Definitions. For purposes of this subsection---\
      (A) the term \"assault with intent to commit rape\" means an
offense that has as its elements engaging in physical contact with
another person or using or brandishing a weapon against another person
with intent to commit aggravated sexual abuse or sexual abuse (as
described in sections 2241 and 2242);\
      (B) the term \"arson\" means an offense that has as its elements
maliciously damaging or destroying any building, inhabited structure,
vehicle, vessel, or real property by means of fire or an explosive;\
      (C) the term \"extortion\" means an offense that has as its
elements the extraction of anything of value from another person by
threatening or placing that person in fear of injury to any person or
kidnapping of any person;\
      (D) the term \"firearms use\" means an offense that has as its
elements those described in section 924(c) or 929(a), if the firearm was
brandished, discharged, or otherwise used as a weapon and the crime of
violence or drug trafficking crime during and relation to which the
firearm was used was subject to prosecution in a court of the United
States or a court of a State, or both;\
      (E) the term \"kidnapping\" means an offense that has as its
elements the abduction, restraining, confining, or carrying away of
another person by force or threat of force;\
      (F) the term \"serious violent felony\" means---\
         (i) a Federal or State offense, by whatever designation and
wherever committed, consisting of murder (as described in section 1111);
manslaughter other than involuntary manslaughter (as described in
section 1112); assault with intent to commit murder (as described in
section 113(a)); assault with intent to commit rape; aggravated sexual
abuse and sexual abuse (as described in sections 2241 and 2242); abusive
sexual contact (as described in sections 2244 (a)(1) and (a)(2));
kidnapping; aircraft piracy (as described in section 46502 of Title 49);
robbery (as described in section 2111, 2113, or 2118); carjacking (as
described in section 2119); extortion; arson; firearms use; firearms
possession (as described in section 924(c)); or attempt, conspiracy, or
solicitation to commit any of the above offenses; and

         (ii) any other offense punishable by a maximum term of
imprisonment of 10 years or more that has as an element the use,
attempted use, or threatened use of physical force against the person of
another or that, by its nature, involves a substantial risk that
physical force against the person of another may be used in the course
of committing the offense;\
      (G) the term \"State\" means a State of the United States, the
District of Columbia, and a commonwealth, territory, or possession of
the United States; and\
      (H) the term \"serious drug offense\" means---\
         (i) an offense that is punishable under section 401(b)(1)(A) or
408 of the Controlled Substances Act (21 U.S.C. 841 (b)(1)(A), 848) or
section 1010(b)(1)(A) of the Controlled Substances Import and Export Act
21 U.S.C. 950(b)(1)(A)); or\
         (ii) an offense under State law that, had the offense been
prosecuted in a court of the United States, would have been punishable
under section 401(b)(1)(A) or 408 of the Controlled Substances Act (21
U.S.C. 841(b)(1)(A), 848) or section 1010(b)(1)(A) of the Controlled
Substances Import and Export Act (21U.S.C. 950(b)(1)(A)).\
   (3) Nonqualifying felonies.\
      (A) Robbery in certain cases. Robbery, an attempt, conspiracy, or
solicitation to commit robbery; or an offense described in paragraph
(2)(F)(ii) shall not serve as a basis for sentencing under this
subsection if the defendant establishes by clear and convincing evidence
that---\
         (i) no firearm or other dangerous weapon was used in the
offense and no threat of use of a firearm or other dangerous weapon was
involved in the offense; and\
         (ii) the offense did not result in death or serious bodily
injury (as defined in section 1365) to any person.\
      (B) Arson in certain cases. Arson shall not serve as a basis for
sentencing under this subsection if the defendant establishes by clear
and convincing evidence that\--\
         (i) the offense posed no threat to human life; and\
         (ii) the defendant reasonably believed the offense posed no
threat to human life.\
   (4) Information filed by United States Attorney. The provisions of
section 411(a) of the Controlled Substances Act (21 U.S.C. 851(a)) shall
apply to the imposition of sentence under this subsection.\
   (5) Rule of construction. This subsection shall not be construed to
preclude imposition of the death penalty.\
   (6) Special provision for Indian country. No person subject to the
criminal jurisdiction of an Indian tribal government shall be subject to
this subsection for any offense for which Federal jurisdiction is solely
predicated on Indian country (as defined in section 1151) and which
occurs within the boundaries of such Indian country unless the governing
body of the tribe has elected that this subsection have effect over land
and persons subject to the criminal jurisdiction of the tribe.\
   (7) Resentencing upon overturning of prior conviction. If the
conviction for a serious violent felony or serious drug offense that was
a basis for sentencing under this subsection is found, pursuant to any
appropriate State or Federal procedure, to be unconstitutional or is
vitiated on the explicit basis of innocence, or if the convicted person
is pardoned on the explicit basis of innocence, the person serving a
sentence imposed under this subsection shall be resentenced to any
sentence that was available at the time of the original sentencing.\
(d) Death or imprisonment for crimes against children.\
   (1) In general. Subject to paragraph (2) and notwithstanding any
other provision of law, a person who is convicted of a Federal offense
that is a serious violent felony (as defined in subsection (c)) or a
violation of section 2422, 2423, or 2251 shall, unless the sentence of
death is imposed, be sentenced to imprisonment for life, if---\
      (A) the victim of the offense has not attained the age of 14
years;\
      (B) the victim dies as a result of the offense; and\
      (C) the defendant, in the course of the offense, engages in
conduct described in section 3591(a)(2).\
   (2) Exception. With respect to a person convicted of a Federal
offense described in paragraph (1), the court may impose any lesser
sentence that is authorized by law to take into account any substantial
assistance provided by the defendant in the investigation or prosecution
of another person who has committed an offense, in accordance with the
Federal Sentencing Guidelines and the policy statements of the Federal
Sentencing Commission pursuant to section 994(p) of title 28, or for
other good cause.

**TITLE 18. CRIMES AND CRIMINAL PROCEDURE  \
PART II. CRIMINAL PROCEDURE  \
CHAPTER 227. SENTENCES  \
SUBCHAPTER C. FINES**

**18 USCS § 3571 (2002)**

§ 3571.  Sentence of fine\
\
(a) In general. A defendant who has been found guilty of an offense may
be sentenced to pay a fine.\
 \
(b) Fines for individuals. Except as provided in subsection (e) of this
section, an individual who has been found guilty of an offense may be
fined not more than the greatest of---\
   (1) the amount specified in the law setting forth the offense;\
   (2) the applicable amount under subsection (d) of this section;\
   (3) for a felony, not more than \$ 250,000;\
   (4) for a misdemeanor resulting in death, not more than \$ 250,000;\
   (5) for a Class A misdemeanor that does not result in death, not more
than \$ 100,000;\
   (6) for a Class B or C misdemeanor that does not result in death, not
more than \$ 5,000; or\
   (7) for an infraction, not more than \$ 5,000.\
 \
(c) Fines for organizations. Except as provided in subsection (e) of
this section, an organization that has been found guilty of an offense
may be fined not more than the greatest of---\
   (1) the amount specified in the law setting forth the offense;\
   (2) the applicable amount under subsection (d) of this section;\
   (3) for a felony, not more than \$ 500,000;\
   (4) for a misdemeanor resulting in death, not more than \$ 500,000;

   (5) for a Class A misdemeanor that does not result in death, not more
than \$ 200,000;\
   (6) for a Class B or C misdemeanor that does not result in death, not
more than \$10,000; and\
   (7) for an infraction, not more than \$ 10,000.\
 \
(d) Alternative fine based on gain or loss. If any person derives
pecuniary gain from the offense, or if the offense results in pecuniary
loss to a person other than the defendant, the defendant may be fined
not more than the greater of twice the gross gain or twice the gross
loss, unless imposition of a fine under this subsection would unduly
complicate or prolong the sentencing process.\
 \
(e) Special rule for lower fine specified in substantive provision. If a
law setting forth an offense specifies no fine or a fine that is lower
than the fine otherwise applicable under this section and such law, by
specific reference, exempts the offense from the applicability of the
fine otherwise applicable under this section, the defendant may not be
fined more than the amount specified in the law setting forth the
offense.\
USDA Forest Service