UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
IN THE MATTER OF THE AMENDMENT
OF THE COLLATERAL FORFEITURE
SCHEDULE GOVERNING VIOLATIONS OR PER
ENFORCED BY THE BUREAU OF LAND
MANAGEMENT, PURSUANT TO LOCAL
CRIMINAL RULE 58.1
This matter having come before the Court pursuant to Rule
58.l(c) (4) of the Local criminal Rules of the United states
District Court for the District of New Jersey to adopt a
Collateral Forfeiture Schedule for violations of Title 43, Code
of Federal Regulations, and Titles 16, 18 and 43, United States
Code; and the Court having reviewed a proposed collateral
schedule,
IT IS on this )21'\.o(day of ~ , 1998
ORDERED that the Collateral Forfeiture Schedule for the
Bureau of Land Management is hereby adopted, and the attached
schedule of collateral forfeiture fines for violations of certain
provisions of Title 43, Code of Federal Regulations, and the
relevant provisions of Titles 16, 18 and 43, united States Code,
is hereby approved; and
IT IS FURTHER ORDERED that the schedule be made part of the
General Rules of the United States District Court at Appendix E
and supersede any inconsistent provisions therein.
FOR THE COURT
FILED HON. ANNE E. THOMPSON /
CHIEF, UNITED STATES DI8(; ICT JUDGE
at:P 2 ·' 1;93
ATS:30 U
Wll~LIA'!"'!"'M~T~.w--A~LS~H-·
CLERK
U.S. Department of Justice
United States Attorney
District of New Jersey
Federal Building - Suite 700
970 Broad Street (973) 645-2700
Newark, New Jersey 07102-2535 FAX (973) 645-2702
September 11, 1998
Hon. Anne E. Thompson RECEIVED
Chief, United States District Judge
United States District Court
402 East State Street 9-/7
Trenton, New Jersey 08068 C;k,<nbers of
Anne E. Thompson, Chief Judge
RE: Establishment of the Collateral Forfeiture
Schedule Governing Violations Investigated
By the Bureau of Land Management
Dear Chief Judge Thompson:
Pursuant to Rule 58.l(c) (4) of the Local Criminal Rules of
the United States District Court for the District of New Jersey, 1
and at the behest of the United States Department of the
Interior, Bureau of Land Management ["BLM"J, I respectfully
request that the Court adopt a Collateral Forfeiture Schedule
applicable to violations of various statutes that the BLM
enforces.
The BLM has the authority to enforce the laws that protect
subsurface mineral rights on federal land. In addition, the BLM
enforces provisions of the Wild Free-Roaming Horse and Burro Act.
This Act governs the ownership of wild horses, a number of which
are adopted by individuals and stables in New Jersey. The
proposed schedule, which is attached hereto as Exhibit A,
includes fines for violations of this Act as well as other
statutes within the jurisdiction of the BLM.
According to the BLM and as more fully reflected in its
letter, which is attached hereto as Exhibit B, the Eastern States
Law Enforcement Office of the BLM has asked the thirty-four
judicial districts east of the Mississippi to adopt a uniform
1
Subsection (c) (4) of Rule 58.1 provides that:
Amendments and revisions to the list of offenses and
fines set forth in Appendix E may be made from time to
time by the Court.
Collateral Forfeiture Schedule to permit expeditious and
consistent dispositions of petty and misdemeanor violations of
the laws it enforces. I have been advised that the Western
District of Pennsylvania and the Western District of New York
have adopted the proposed schedule. Requests for adoption of the
schedule are pending in the Eastern District of Pennsylvania, the
Southern and Eastern Districts of New York, and the District of
Rhode Island. It is my understanding that the Districts of
Delaware and Vermont have declined to adopt a uniform schedule,
in favor of individually evaluating any case that arises in those
districts and proceeding by way of criminal Information. The BLM
believes that, unlike Vermont and Delaware, this District is the
home to a sufficient number of horses covered by the Wild Free-
Roaming Horse Act that a uniform schedule is warranted.
If the proposed schedule meets with the approval of the
Court, then it must be made part of its local rules. To this
end, enclosed please find a proposed form of Order directing that
the proposed schedule become part of the Rules of this Court. If
the Order meets with you approval, please execute the Order and
arrange for the schedule to be made part of the Local Rules. To
facilitate this process, a computer disk containing the schedule
is also enclosed.
If you need any additional information or assistance, please
do not hesitate to contact me or AUSA Patty Shwartz at (973) 645-
2728.
cc: Scott Peace, Special Agent
U.S. Department of Interior
EXHIBIT A
BUREAU OF LAND MANAGEMENT
VIOLATIONS OF UNITED STATES CODE:
TITLE/SECTION Collateral fine
16/433 American Antiquities $200.00
18/1361 Vandalism $200.00
18/1852 Timber removed or transported $250.00
18/1853 Trees cut or injured $250.00
18/1856 Fires left unattended $100.00
18/1857 Fences destroyed; lives·tock entering $100.00
18/1858 Survey marks destroyed or removed Mandatory
Appearance
43/1061 Unlawful enclosure $250.00
43/1063 Obstruction of transit over Public Lands $100.00
VIOLATIONS OCCURRING WITHIN LANDS ADMINISmRED BY THE BUREAU OF LAND MANAGEMENT
CHARGED UHDER CITED SECTIONS OF TITLE 43, CODE OF FEDERAL REGULATIONS.
4140.l(b)(l)(i) Allowing livestock on Public Land without
permit or lease. $100.00
4140.l(b)(2) Disturbing or installing range improvements $100.00
4140.l(b)(3) Cutting, burning, spraying, destroying or
removing vegetation $100.00
4140.l(b)(4) Damaging or removing U.S. Property Mandatory
Appearance ·
4140.l(b)(5) Molesting livestock $100.00
4140.l(b)(G) Littering $100.00
4140.l(b) (7) Interfering with lawful uses or users $100.00
4140.l(b)(8) False statements $200.00
4770.l(a) Maliciously or negligently inJuring
or harassing a wild Horse or Burro $150.00
4770.l(c) Destroying wild Horse or Burro w/o
authorization except as act of mercy $150.00
4770.1 (d) Selling Wild Horse or Burro $300.00
4770.l(e) Uses Wild Horse or Burro for Commercial $250.00
exploitation
4770.l(f) Inhumane treatment of Wild Horse or Burro $300.00
4770.1 (g) Violating term or condition of private
maintenance and care agreement $150.00
4770.l(h) Branding a Wild Horse or Burro $200.00
4770.l(i) Removal or alteration of official mark Mandatory
Appearance
4770.l(j) Violating an order, term, or condition
established by the Authorized Officer
under this part. $200.00
8365.l-4(a)(2) Creating a hazard or nuisance $100.00
8365.l-4(a)(3) Refusing to disperse $100.00
8365.l-4(a)(4) Resisting arrest, citation; interfering $500.00
with officer
8365.l-4(a)(5) Assault or battery on BLM Employee Mandatory
Appearance
8365.l-4(a)(6) False emergency or crime report $250.00
9262.1 Unauthorized use, occupancy, or development
of public lands $250.00
9264.7(a)(2) Converts Wild Horse or Burro to
private use $200.00
9264.7(a)(3) Causing death or harassment of Wild
Horse or Burro $250.00
9264.7(a)(4) Processes Wild Horse or Burro into
commercial products $150.00
9264.7(a)(8) Use of Wild Horse or Burro for Bucking
stock $150.00
9264.7(a)(9) Fails to produce Wild Horse or Burro
for inspection $100.00
9264.7(a)(l0) Failure to notify of death of Wild Horse
or Burro $100.00
9264.7(a)(l2) Abandoning Wild Horse or Burro $200.00
·9264.7(a)(l3) Failure to attempt to capture Wild Horse
or Burro $100.00
9264.7(a)(l4) Accepting Wild Horse or Burro for Mandatory
slaughter or destruction Appearance
9264.7(a)(l5) Failure to retain Wild Horse or Burro
certification $100.00
EXHIBITB
United Stat~s Department of the Interior
·. BUREAU OF I.AND MANAGEMENT
411 Briarwood Drive, Suire 404
Jackson, Mississippi 39206
IN REPLY REFER TO:
August 14, 1998
~ The Honorable Faith Hochberg
United states Attorney
District of New Jersey
970 Broad st. Fed. Bldg_. 7th Flr.
Newark, NJ 07102
Dear Ms. Hochberg:
The
•'
follo~ing information has been provided to your office in
·•:;Letters dated February 3, 1992, February 10·, 1993, and March 9,
'.1994. As of this writing, this office has failed to receive any
.response. Soth the aforementioned letters and this letter are in
r.eference:.,.t.:> establishing a Collateral Forfeiture Schedule for
the Bureau -~f Land Management w.i thin your District.
As an agency of the United States Department of the Interior, the
Bureau of Land Management is responsible for the management of
·the publi~ .lands and their resources. BLM's role is defined by
che Federa~ Land Policy and Management Act of 1976 (90 STAT.
27,43; 43 U..iS.C. 1733). This act established the policy that the
public lands will be retained under Federal ownership and managed
in the public interest under the principles of multiple use and
sustained yield.
BLM programs in the 31 states adjoining or east of the
Mississippi River are the responsibility of the Bureau's Eastern
states Office located in Springfield, Virginia. In these 31
states BLM oversees approximately 30,000 acres of widely-
scattered surface, and 33.3 million acres of federally-owned
minerals, most of which are located. under surface administered by
other federal agencies or owned by the states or private parties.
BLM has two District Offices, the Milwaukee Dist1i0t Office at
Milwaukee, Wisconsin and the Jackson District Office at Jackson,
Mississippi. The Milwaukee District admi::1.isters BLM programs in
20 Northern States and includes the Rolla Yroject Off ice i.n
Rolla, Missouri. The Jackson District covers 11 Southern States.
Both of these offices report to the Eastern States Office in
Springfield, Virginia.
Special Agents of the Eastern States Law Enforcement Office
perform a full spectrum of investigative duties and are
authorized to enforce all Federal laws and regulations-~ertaining
to the use, management, and development of the public lands and
their resources.
Eastern States Law enforcement officers have full arrest
authority and are responsible for the enforcement of the
following Federal laws and regulations in addition to the above:
The Archaeological Resources Protection Act of 1979
(93 STAT., 721, 16 u.s.c. 470 aa et seq.).
The Federal Land Policy and Management Act of 1976
(90 STAT. 2743; 43 U.S.C. 1733).
The Wild Free-Roaming Horse and Burro Act of 1971
(85 STAT., 649; 16 U.S.C. 1331-1340 (Supp. I, 1971)).
The Land and Water Conservation Fund Act of 1965
(78 STAT. 897, as amended; 16 u.s.c. 4601-6a).
The Sikes Act (88 STAT. 1369; 16 u.s.c. 670j).
The Antiquities Act (34 STAT. 225; 16 U.S.C. 433).
The National Trails System Act (82 STAT. 919; 16 u.s.c 1241-
1246) •
The Taylor Grazing Act (48 STAT. 1269, as amended; 43 u.s.c.
315a).
The Unlawful Enclosures of Public Lands Act
(23 STAT. 321; 43 U.S.C. 1061-1064).
The Act of June 3, 1878 (20 STAT. 89, as amended; 16 u.s.c.
604-606).
Sections 47, 111, 641, 1001, 1361, 1510, 1851-1861, and
other Sections of Title 18 u.s.c.
The Migratory Bird Treaty Act (16 u.s.c 703,705,1918)
The Lacey Act (16 u.s.c. 3372, 3373{d), 1900
The Endangered Species Act (16 u.s.c. 1538(a), 1540(b), and
1540(e)
Various Sections of 43 C.F.R.
Other Laws as they may apply to Public Land Use
The Eastern States Law Enforcement Office is directly responsible
for the enforcement of a variety of violations of Federal Law in
62 Judicial Districts including yours.
Due to the large number of Federal Judicial Districts ~or which
the Eastern Sates has investigative responsibility, it is crucial
that a means by which misdemeanor offenses falling under BLM
jurisdiction may be handled in an efficient, appropriate, and
expeditious manner. Therefore, the adoption of a standard
Collateral Forfeiture Schedule for minor offenses within those
Federal Judicial Districts that the Eastern States is responsible
for would be an invaluable tool for the enforcement operations of
this office.
A memorandum from the Director of BLM directed each State Office
Law Enforcement Staff to make contact with the U.S. District
Courts in their respective areas of responsibility for the
purpose of developing a Forfeiture/Collateral System for BLM
regulations contained in CFR Title 43.
Guidelines for the BLM District Offices defining "Probable Cause"
and the elements needed to establish probable cause has been
prepared. The purpose of the guidelines (copy attached), with
your concurrence, will allow issuance of citations, via U.S. Mail
(certified), from our offices in Virginia, Mississippi and
Wisconsin without having to physically witness the offense and
provided that probable cause does in fact exist. ·
Enclosed is a copy of those violations and their respective
monetary fines and/or mandatory appearance that we are seeking to
establish in your District. ·
In the interest of economy and justice it is respectfully
requested that you present to the Chief Judge in your District,
the attached Collateral Forfeiture Schedule for adoption and
approval by your District.
Please bear in mind that the Collateral Forfeiture Schedule is a
tool to assist in the performance of our duties but should not
preclude us from filing a complaint and information or seeking
Grand Jury indictment(s) depending on the type and magnitude of
the offense(s). ·
Should you have any questions please contact Special Agent Scott
Peace .at 601-977-5458.
We look forward to a congenial, productive, personal and
professional relationship with you and your staff.
Sincerely,
Scott Peace
Special Agent
Enclosures
