General Comments


Consequences of Noncompliance.

Nine respondents 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.


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.

Section 251.51--Definitions

Listing of Comments

FS Regulation Page