stated that the penalty for violating the rule is excessive. One of
these respondents commented that the proposed rule could make too
many things a crime and could provide for excessive penalties for
the pettiest infractions. One respondent commented that the agency
gave insufficient notice of the penalty.
Consequences of Noncompliance.
The penalty for violating any prohibition in 36 CFR part 261, including
use and occupancy of National Forest System lands without a special use authorization
when an authorization is required, is a fine of up to $5,000 or imprisonment for up to
six months, or both (see 16 U.S.C. 551; 18 U.S.C. 3559, 3571). This penalty is
authorized by statute and is not subject to amendment by regulation. Consequently, the
penalty was not discussed in the proposed rule. In the context of this rule, the
penalty would apply only if a noncommercial group failed to obtain a special use
authorization for a group use of National Forest System lands. In such a case,
noncommercial groups would be subject to the same penalty imposed on other forest users
for violation of the prohibitions found at 36 CFR part 261.
Listing of Comments
FS Regulation Page