U.S. Criminal Code ("Title 18, United States Code,

Chapter 91-Public Lands")

* Act of June 25, 1948 (P.L. 80-772, Ch. 645, 62 Stat. 787, as amended; 18 U.S.C. 1851-1861, 1863, 1864)

Coal Depredations

Sec. 1851. Whoever mines or removes coal of any character, whether anthracite, bituminous, or lignite, from beds or deposits in lands of, or reserved to the United States, with intent wrongfully to appropriate, sell, or dispose of the same, shall be fined not more than $1,000 or imprisoned not more than one year, or both. This section shall not interfere with any right or privi-lege conferred by existing laws of the United States. (18 U.S.C. 1851)

Timber Removed or Transported

Sec. 1852. Whoever cuts, or wantonly destroys any timber grow-ing on the public lands of the Unit-ed States; or Whoever removes any timber from said public lands, with intent to export or to dispose of the same; or Whoever 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 so cut or removed from said lands, or lumber manufactured therefrom-

Shall be fined not more than $1,000 or imprisoned not more than one year, or both.

This section shall not prevent any miner or agriculturist from clearing his land in the ordinary working of his mining claim, or in the prepara-tion of his farm for tillage, or from taking the timber necessary to sup-port his improvements, or the taking of timber for the use of the United States; nor shall it interfere with or take away any right or privilege under any existing law of the United States to cut or remove timber from any public lands. (18 U.S.C. 1852)

Trees Cut or Injured

Sec. 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 au-thority 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 fined not more than $1,000 or imprisoned not more than one year, or both. (18 U.S.C. 1853)

Trees Boxed for Pitch or Turpen-tine

Sec. 1854. Whoever cuts, chips, chops, or boxes any tree upon any lands belonging to the United States, or upon any lands covered by or embraced in any unperfected settle-ment, application, filing, entry, selection, or location, made under any law of the United States, for the purpose of obtaining from such tree any pitch, turpentine, or other sub-stance; or

Whoever buys, trades for, or in any manner acquires any pitch, turpentine, or other substance, or any article or commodity made from any such pitch, turpentine, or other substance, with knowledge that the same has been so unlawfully ob-tained-

Shall be fined not more than $1,000 or imprisoned not more than one year, or both. (18 U.S.C. 1854)

Timber Set Afire

Sec. 1855. Whoever, willfully and without authority, sets on fire any timber, underbrush, or grass or other inflammable material upon the public domain or upon any lands owned or leased by or under the partial, concurrent, or exclusive jurisdiction of the United States, or under contract for purchase or for the acquisition of which condemna-tion proceedings have been institut-ed, or upon any Indian reservation or lands belonging to or occupied by any tribe or group of Indians under authority of the United States, or upon any Indian allotment while the title of 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 Unites States, shall be fined under this title or im-prisoned not more than five years, or both.

This section shall not apply in the case of a fire set by an allottee in the reasonable exercise of his pro-prietary rights in the allotment. (18 U.S.C. 1855)

Fires Left Unattended and Unex-tinguished

Sec. 1856. Whoever, having kindled or caused to be kindled, a fire in or near any forest, timber, or other inflammable material upon any lands owned, controlled or leased by, or under the partial, con-current, or exclusive jurisdiction of the Unit-ed States, including lands under contract for purchase or for the acquisition of which condemna-tion proceedings have been institut-ed, and including any Indian reser-vation or lands belonging to or occupied by any tribe or group of Indians under the authority of the United States, or any Indian allot-ment while the title to the same is held in trust by the United States, or while the same shall remain inalien-able by the allottee without the consent of the United States, leaves said fire without totally extinguish-ing the same, or permits or suffers said fire to burn or spread beyond his con-trol, or leaves or suffers said fire to burn unattended, shall be fined not more than $500 or impris-oned not more than six months, or both. (18 U.S.C. 1856)

Fences Destroyed; Livestock En-tering

Sec. 1857. Whoever knowingly and unlawfully breaks, opens, or destroys any gate, fence, hedge, or wall inclosing any lands of the United States reserved or purchased for any public use; or

Whoever drives any cattle, hors-es, hogs, or other livestock upon any such lands for the purposes of destroying the grass or trees on said lands, or where they may destroy the said grass or trees; or

Whoever knowingly permits his cattle, horses, hogs, or other live-stock to enter through any such inclosure upon any such lands of the United States, where such cattle, horses, hogs or other livestock may or can destroy the grass or trees or other property of the United States on the said lands-

Shall be fined not more than $500 or imprisoned not more than one year, or both.

This section shall not apply to unreserved public lands. (18 U.S.C. 1857)

Survey Marks Destroyed or Re-moved

Sec. 1858. Whoever willfully destroys, defaces, changes, or re-moves to another place any section corner, quarter-section corner, or meander post, on any Government line of survey, or willfully cuts down any witness tree or any tree blazed to mark the line of a Govern-ment sur-vey, or willfully defaces, chang-es, or removes any monument or bench mark of any Government survey, shall be fined not more than $250 or imprisoned not more than six months, or both. (18 U.S.C. 1858)

Survey Interrupted

Sec. 1859. Whoever, by threats or force, interrupts, hinders or pre-vents the surveying of the public lands, or of any private land claim which has been or may be con-firmed by the United States, by the persons authorized to survey the same in conformity with the instruc-tions of the Director of the Bureau of Land Management, shall be fined not more than $3,000 or imprisoned not more than three years, or both. (18 U.S.C. 1859)

Bids at Land Sales

Sec. 1860. Whoever bargains, contracts, or agrees, or attempts to bargain, contract, or agree with another that such other shall not bid upon or purchase any parcel of lands of the United States offered at public sale; or

Whoever, by intimidation, combi-nation, or unfair management, hin-ders, prevents, or attempts to hinder or prevent, any person from bidding upon or purchasing any tract of land so offered for sale-

Shall be fined not more than $1,000 or imprisoned not more than one year, or both. (18 U.S.C. 1860)

Deception of Prospective Purchas-ers

Sec. 1861. Whoever, for a reward paid or promised to him in that behalf, undertakes to locate for an intending purchaser, settler, or entryman any public lands of the United States subject to disposition under the public-land laws, and who willfully and falsely represents to such intending purchaser, settler, or entryman that any tract of land shown to him is public land of the United States subject to sale, settle-ment, or entry, or that it is of a particular surveyed description, with intent to deceive the person to whom such representation is made, or who, in reckless disregard of the truth, falsely represents to any such person that any tract of land shown to him is public land of the United States subject to sale, settlement, or entry, or that it is of a particular surveyed description, thereby de-ceiving the person to whom such representation is made, shall be fined not more than $300 or impris-oned not more than one year, or both. (18 U.S.C. 1861)

Trespass on National Forest Lands

Sec. 1863. Whoever, without lawful authority or permission, goes upon any National Forest land while it is closed to the public pursuant to lawful regulation of the Secretary of Agriculture, shall be fined not more than $500 or imprisoned not more than six months, or both. (18 U.S.C. 1863)

Hazardous or Injurious Devices on Federal Lands

Sec. 1864. (a) Whoever-

(1) with the intent to violate the Controlled Substances Act,

(2) with the intent to obstruct or harass the harvesting of timber, or

(3) with reckless disregard to the risk that another person will be placed in danger of death or bodily injury and under circumstances manifesting extreme indifference to such risk,

uses a hazardous or injurious device on Federal land, on an Indian reser-vation, or on an Indian allotment while the title to such allotment is held in trust by the United States or while such allotment remains in-alienable by the allottee without the consent of the United States shall be punished under subsection (b).

(b) An individual who violates subsection (a) shall-

(1) if death of an individual results, be fined under this title or imprisoned for any term of years or for life, or both;

(2) if serious bodily injury to any individual results, be fined under this title or imprisoned for not more than twenty years, or both;

(3) if bodily injury to any individual results, be fined under this title or imprisoned for not more than ten years, or both;

(4) if damage exceeding $10,000 to the property of any indi-vidual results, be fined under this title or imprisoned for not more than ten years, or both; and

(5) in any other case, be fined under this title or imprisoned for not more than one year.

(c) Any individual who is pun-ished under subsection (b)(3), (4), or (5) after one or more prior convic-tions under any such subsection shall be fined under this title or imprisoned for not more than ten years, or both.

(d) As used in this section-

(1) the term "serious bodily injury" means bodily injury which involves-

(A) a substantial risk of death;

(B) extreme physical pain;

(C) protracted and obvious disfigurement; and

(D) protracted loss or im-pairment of the function of bodily member, organ, or mental faculty;

(2) the term "bodily injury" means-

(A) a cut, abrasion, bruise, burn, or disfigurement;

(B) physical pain;

(C) illness;

(D) impairment of the func-tion of a bodily member, organ, or mental faculty; or

(E) any other injury to the body, no matter how temporary; and

(3) the term "hazardous or injurious device" means a device, which when assembled or placed, is capable of causing bodily injury, or damage to property, by the action of any person making contact with such device subsequent to the assembly or placement. Such term includes guns attached to trip wires or other triggering mechanisms, or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes, lines or wires, lines or wires with hooks attached, nails placed so that the sharpened ends are positioned in an upright manner, or tree spiking devices including spikes, nails, or other objects hammered, driven, fastened, or otherwise placed into or on any timber, whether or not severed from the stump. (18 U.S.C. 1864)