IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
IN THE MATTER OF )
)
COLLATERAL FORFEITURE SCHEDULES )
ORDER REGARDING COLLATERAL FORFEITURE SCHEDULE FOR USE BY THE
UNITED STATES DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS
THIS MATTER comes before the Court on application of the United States of
America pursuant to Local Rule 58.1(h) of the Criminal Rules of the United States
District Court for the District of Colorado for approval of a collateral forfeiture
schedule for use by the United States Department of the Army, Corps of
Engineers.
HAVING considered the application, and being fully advised in the premises, the
Court makes the following FINDINGS:
A. The proposed collateral forfeiture schedule was prepared according to the
collateral forfeiture framework set out in D.C.COLO.LCrR 58.1.
B. The proposed collateral forfeitures for standard offenses fall within the
presumptive forfeiture ranges set out in the collateral forfeiture framework.
C. The proposed collateral forfeitures for aggravated offenses fall within the
presumptive collateral forfeiture ranges for aggravated offenses set out in the collateral
forfeiture framework.
1
Therefore, pursuant to D.C.COLO.LCrR 58.1, the Court ORDERS as follows: A.
The Court approves the Collateral Forfeiture Schedule attached as Exhibit
A to this Order for use by the United States Department of the Army, Corps of Engineers.
B. The approved Collateral Forfeiture Schedule shall be kept on file with the
Clerk’s office.
Dated at Denver, Colorado, this 2nd day of February, 2021.
BY THE COURT:
___________________________
PHILIP A. BRIMMER
Chief United States District Judge
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Exhibit A
Collateral Forfeiture Schedule, Department of the Army, U.S. Army Corps of Engineers
Citation for Collateral
Description of Offense
Offense Forfeiture
36 CFR 327.2 VEHICLES
327.2 (b) Parking a vehicle in violation of posted $75
restrictions and regulations.
327.2(b) Parking a vehicle in such a manner as to $100
obstruct or impede the movement of normal
traffic or the parking of other vehicles.
Parking a vehicle in such a manner as to
obstruct or impede the movement of
emergency traffic or create a safety hazard.
327.2(b) Parking a vehicle in such a manner as to $125
endanger any person, project property or
environmental feature.
327.2(c) Prohibited off road vehicle use $125
327.2(c) Taking any vehicle through, around, or $200
beyond a restrictive sign, recognizable sign,
and fence or traffic control barrier.
327.2(d) Operating a vehicle in violation of posted $100
restrictions and regulations.
327.2(e) Operating a vehicle in a reckless manner. MA 1
327.2(e) Operating a vehicle in a careless or $200
negligent manner. If personal injury
results, MA
327.2(f) Using a vehicle in a developed area for the $100
purposes other than entering or leaving,
except as authorized.
327.2(g) Operating a motorized vehicle without a $100
proper and effective exhaust muffler.
36 CFR 327.3 VESSELS
327.3(b) Placing or operating any vessel or watercraft $200
for a fee or profit without authorization.
327.3 (c) Operation of a vessel or other watercraft in $200
violation of posted restrictions, regulations or
applicable law or without display of
appropriate registration.
327.3(d) Operation of a vessel or other watercraft in a $250
careless, negligent or reckless manner. If personal injury
results, MA
327.3(e) Using or allowing the use of a vessel without $100
required safety equipment.
327.3(f) Unauthorized use of a vessel for overnight $125
occupancy or residence.
1
“MA” stands for Mandatory Appearance. No collateral forfeiture amount is authorized for any violation listed as
MA.
1
Collateral Forfeiture Schedule, Department of the Army, U.S. Army Corps of Engineers
Citation for Collateral
Description of Offense
Offense Forfeiture
327.3(g) Use of water skis, parasails, ski kites or $250
similar devices in a restricted area or in a If personal injury
careless, negligent or reckless manner. results, MA
327.3(h) Failure to remove a vessel not actually in $100
use from the project which is not securely
moored at mooring facilities approved by the
District Commander. Placing floating or
stationary mooring facilities on, adjacent to,
or interfering with, a buoy, channel marker,
or other navigational aid.
327.3(i) Use of vessel not constructed or maintained $100
in compliance with National Safe Boating Act
or regulations promulgated pursuant to such
Act.
327.3(j) Unauthorized operation of a vessel or $100
watercraft without proper and effective
exhaust muffler.
36 CFR 327.4 AIRCRAFT
327.4(b) Operating an aircraft on project lands in $200
locations other than those designated by the
District Commander.
327.4(c) Operating an aircraft while on or above $250
project waters on project lands in a careless, If personal injury
negligent or reckless manner. results, MA
327.4(e) Unauthorized air delivery or retrieval of any $250
person, material or equipment.
327.4(f) Operation of a seaplane on project waters $150
contrary to established prohibitions or
restrictions or to marine rules of the road for
power boats or vessels.
327.4(f) Unauthorized mooring of a seaplane. $150
327.4(f) Unauthorized commercial operation of a $200
seaplane from project waters.
327.4(f) Unauthorized operation of a seaplane at a $200
project between sunset and sunrise without
adequate lighting and supervision.
36 CFR 327.5 SWIMMING
327.5(a) Swimming, diving, snorkeling or scuba $125
diving at prohibited areas.
327.5(b) Failure to display an international diver down $125
or diving flag during underwater activities.
327.5(c) Diving, jumping or swimming from trees, $200
bridges, or other structures, which cross or
are adjacent to project waters.
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Collateral Forfeiture Schedule, Department of the Army, U.S. Army Corps of Engineers
Citation for Collateral
Description of Offense
Offense Forfeiture
36 CFR 327.6 PICNICKING
327.6 Picnicking in a prohibited area. $100
36 CFR 327.7 CAMPING
327.7(a) Camping in an undesignated location. $100
327.7(b) Camping in one or more campsites for a $100
period longer than 14 days during any 30
consecutive day period without written
permission.
327.7(c) Placing camping equipment or other items $100
on a campsite and/or personal appearance
without daily occupancy at a campsite for
the purpose of reserving that campsite for
future occupancy.
327.7(d) Digging or leveling of any ground or the $100
construction of any structure without written
permission of District Commander.
327.7(e) Occupying or placement of any camping $100
equipment at a campsite which is posted or
otherwise marked or indicated as “reserved”
without a reservation for that site.
36 CFR 327.8 HUNTING, FISHING, AND TRAPPING
327.8(a) Hunting in areas or during periods prohibited $150
by the District Commander.
327.8(b) Trapping in areas or during periods $150
prohibited by the District Commander.
327.8(c) Fishing in swimming areas, on boat ramps $150
or other areas designated by the District
Commander as prohibited.
327.8(d) Violating additional restrictions pertaining to $150
these activities established by the District
Commander.
36 CFR 327.9 SANITATION
327.9(a) Improper disposal of or failure to remove $150
garbage, trash, rubbish, debris, dead
animals, or litter of any kind for disposal or
dumping without having obtained written
permission.
327.9(b) Bringing any household, commercial $250
garbage, trash, rubbish, debris, dead animal,
or litter of any kind for disposal or dumping
without having obtained written permission.
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Collateral Forfeiture Schedule, Department of the Army, U.S. Army Corps of Engineers
Citation for Collateral
Description of Offense
Offense Forfeiture
327.9(c) Spilling, pumping, disposing, or otherwise $250
discharging contaminates, pollutants or
other wastes on project lands or project
waters.
327.9(d) Failure to keep a campsite or picnic site free $125
of trash and litter during the period of
occupancy or failure to clean a campsite or
picnic site and removal all personal
equipment upon departure.
327.9(e) Discharging or placing sewage, galley $250
waste, garbage, refuse, or pollutant from any
vessel or watercraft into project waters.
36 CFR 327.10 FIRES
327.10(a) Carrying gasoline or any other fuels onto $100
project or storing same within a project in
containers not designed for such purposes
without written permission.
327.10(b) Failure to confine a fire in a fireplace, grill, or $150
other facility designated for this purpose.
Unattended fires. Burning of materials that
produce toxic fumes.
327.10(c) Improper disposal of lighted smoking $125
materials, matches or other burning material.
36 CFR 327.11 CONTROL OF ANIMALS
327.11(a) No person shall bring or allow dogs, cats or $100
other pets into developed recreation areas
or adjacent waters unless penned, caged,
on a leash under six feet in length, or
otherwise physically restrained. No person
shall allow animals to and waters by the
public. No person shall allow animals to
bark or emit other noise which unreasonably
disturbs other people. Animals and pets,
except properly trained animals assisting
those with disabilities (such as seeing-eye
dogs), are prohibited in sanitary facilities,
playgrounds, swimming beaches and any
other areas so designated by the District
Commander. Abandonment of any animal
on project lands or waters is prohibited.
Unclaimed or unattended animals are
subject to immediate impoundment and
removal in accordance with state and local
laws
4
Collateral Forfeiture Schedule, Department of the Army, U.S. Army Corps of Engineers
Citation for Collateral
Description of Offense
Offense Forfeiture
327.11(b) Failure to properly remove and dispose of, in $100
sanitary facilities, any waste produced by an
animal or pet brought or allowed into
designated public use areas.
327.11(c) Bringing or allowing horses, cattle, or Up to 10 head
livestock in camping, picnicking, swimming, $250
or other recreation areas or on trails except More than 10
in areas designated by the District head: MA
Commander. Unauthorized livestock are
subject to immediate impoundment.
327.11(d) Ranging, grazing, watering, or otherwise Up to 10 head:
allowing unauthorized livestock on project $500
lands or waters. More than 10
head: MA
327.11(g) Possessing or allowing wild or exotic pets $150
and animals (including but not limited to
cougars, lions, bears, bobcats, wolves, and
snakes), or any pets or animals displaying
vicious or aggressive behavior or otherwise
posing a threat to public safety or deemed a
public nuisance unless authorized by the
District Commander.
36 CFR 327.12 RESTRICTIONS
327.12(a) Entering or using a project in a manner $100
which is contrary to the schedule of visiting
hours, closure or restrictions is prohibited.
327.12(b) Excessive noise prohibited. $125
327.12(c) Engaging in any act or manner of conduct $150
which interferes with, impedes, or disrupts
the use of a project. Engaging in any act or
manner of conduct which impairs the safety
of another person.
327.12(d) The operation of noise producing devices in $150
a manner to unreasonably annoy or
endanger persons is prohibited.
327.12(e) Possessing and/or consuming alcoholic $125
beverages on any portion of the project land
or waters, or the entire project, where
designated and posted as prohibited by
the District Commander.
327.12(f) Smoking in prohibited areas. $100
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Collateral Forfeiture Schedule, Department of the Army, U.S. Army Corps of Engineers
Citation for Collateral
Description of Offense
Offense Forfeiture
36 CFR 327.13 EXPLOSIVES, FIREARMS, OTHER
WEAPONS AND FIREWORKS
327.13(a) Possessing a loaded firearm, ammunition, $200
loaded projectile firing device, bow and If firearm or
arrows, crossbows, or other weapon except dangerous
as authorized by the District Commander, weapon: MA
statute or regulation.
327.13(b) Possessing explosives or explosive devices $150
of any kind, including fireworks or other If destructive
pyrotechnics, without having obtained device or
written permission from the District dangerous
Commander. weapon: MA
36 CFR 327.14 PUBLIC PROPERTY
327.14(a) Destruction, injury, defacement, removal or Under $250 of
any alteration of public property including, damages: $300
but not limited to, developed facilities, Over $250 of
natural formations, mineral deposits, damages: MA
historical and archaeological features,
paleontological resources, boundary
monumentation or markers and vegetative
growth, is prohibited except when in
accordance with written permission of the
District Commander.
327.14(b) Cutting or the gathering of trees or parts of $500
trees and/or the removal of wood from Clearing/major
project lands without written permission. defacement: MA
327.14(c) Gathering of dead wood on the ground in $100
violation of posted restrictions.
327.14(d) Using metal detectors in areas where $100
prohibited by the District Commander and
failure to properly dispose of found items.
36 CFR 327.15 ABANDONMENT AND IMPOUNDMENT OF
PERSONAL PROPERTY
327.15(a) Personal property shall not be abandoned or $150
stored on project lands and if left unattended
more than 24 hours, or at anytime after a
posted closure or for purpose of public
safety or resource protection, shall be
impounded.
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Collateral Forfeiture Schedule, Department of the Army, U.S. Army Corps of Engineers
Citation for Collateral
Description of Offense
Offense Forfeiture
327.15(b) Placing personal property on Federal lands $150
or waters adjacent to a private residence
and/or development of any private nature for
more than 24 hours without permission.
36 CFR 327.16 LOST AND FOUND ARTICLES
327.16 Lost and found articles shall be reported to $100.00
the Park Manager or Ranger and if not
claimed, disposed of under .15.
36 CFR 327.17 ADVERTISEMENT
327.17(a) Any advertisement without permission of the $200.00
District commander except on vessels used
for recreation is prohibited.
327.17(b) Failure to comply with conditions set forth in $200.00
the permit.
36 CFR 327.18 COMMERCIAL ACTIVITIES
327.18(a) Engaging in or solicitation of business $200.00
without written agreement of the District
Commander is prohibited.
327.18(b) Refusal or failure to comply with any terms, $250.00
clauses, or conditions of any lease, license
or agreement issued under the provisions of
this regulation.
36 CFR 327.19 PERMITS
327.19(a) It shall be a violation of these regulations to $200.00
refuse to or fail to comply with the fee
requirements or other terms or conditions of
any permit issued under the provisions of
this regulation.
327.19(e) Shoreline Use Permits to authorize private $150.00
shoreline use facilities, activities or
development (issued under the authority of §
327.30) may be issued in accordance with
the project Shoreline Management Plan.
Failure to comply with the permit conditions
issued under § 327.30 is prohibited.
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Collateral Forfeiture Schedule, Department of the Army, U.S. Army Corps of Engineers
Citation for Collateral
Description of Offense
Offense Forfeiture
36 CFR 327.20 UNAUTHORIZED STRUCTURES
327.20 The construction, placement or existence of $250.00
any unauthorized structure (including, but
not limited to, roads, trails, signs, non-
portable hunting stands or blinds,
buoys, docks, or landscape features) of any
kind under, upon, in or over the project
lands, or waters is prohibited unless a
permit, lease, license or other appropriate
written authorization has been issued by the
District Commander. The design,
construction, placement, existence or use of
structures in violation of the terms of the
permit, lease, license, or other written
authorization is prohibited. The government
be liable for the loss of, or damage to, any
private structures, whether authorized or
not, placed on project lands or waters.
Unauthorized structures are subject to
summary removal or impoundment by the
District Commander. Portable hunting
stands, climbing devices, steps, or blinds,
that are not nailed or screwed into trees and
are removed at the end of a day’s hunt may
be used.
36 CFR 327.21 SPECIAL EVENTS
327.21(a) Special events are prohibited unless written $150.00
permission has been granted.
327.21(b) Public shall not be charged any fee for a $150.00
special event unless the District Commander
has approved the schedule of fees.
36 CFR 327.22 UNAUTHORIZED OCCUPATION
327.22(a) Unauthorized occupation is prohibited. $200.00
327.22(b) Unauthorized use of project lands and/or $200.00
waters for agricultural purposes or failure
to comply with the terms and conditions of
the authorizing document.
36 CFR 327.23 RECREATION USE FEES
327.23(b) Failure to pay authorized recreation use $100.00
fees.
327.23(c) Failure to pay authorized day use fees, $100.00
and/or properly display applicable receipt,
permit or pass is prohibited.
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Collateral Forfeiture Schedule, Department of the Army, U.S. Army Corps of Engineers
Citation for Collateral
Description of Offense
Offense Forfeiture
327.23(d) Fraudulent use of a Golden Age or Golden $125.00
Access Passport is prohibited.
36 CFR 327.24 INTERFERENCE WITH GOVERNMENT
EMPLOYEES
327.24(a) Forcibly assaulting, resisting, opposing, MA
impeding, intimidating, interfering with, or
attempting to kill or kill any civilian official or
employee of the U. S. Army Corps of
Engineers engaged in, or on account of, the
performance of his or her official duties.
(Sections 111 and 1114 of Title 18 U.S.C.)
327.24(b) Failure to comply with a lawful order issued $250.00
by a Federal employee acting pursuant to
these regulations, including failure to provide
a correct name, address, or other
identification upon request of a Federal
employee that is authorized to issue
citations in the performance of his or her
official duties.
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