2018 JAN I 7 AH fl: 39
UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF VERMONT
)
IN RE: Schedule of Forfeiture of Collateral )
For Petty Offenses Committed on )
Properties of the United States ) Misc. No.
Army Corps of Engineers )
)
GENERAL ORDER 78
This matter comes before the Court on the Government's motion for entry of the
Forfeiture of Collateral Schedule ("Schedule") of the United States Army Corps of Engineers.
The Corps of Engineers does not have a prior Schedule entered by this Court. The proposed
schedule appears reasonable. The Government's motion is thus GRANTED.
A copy of this Schedule (Attachment A to this Order) shall be available for inspection by
members of the public. Pursuant to Local Rule 83.5, the Office of the Clerk shall post an
electronic version of this Schedule on the Court's public website. A copy of this Order shall also
be distributed to the United States Attorney's Office.
I '7
Dated at Rutland, in the District of Vermont, this _ _ _ day of January, 2018.
GEOFFRE~. CRAWFORD
Chief Judge
United States District
U.S. Army Corps of Engineers
Title 36 Collateral Forfeiture Schedule
Payment
in Lieu of
Section Description of Violation Appearance
327. l(d) Discriminating against any person because $500.00
of sex, race, creed, color, age, nationality or
place of origin in the conduct of the
operations under the lease, license, or
concession contract
327.2(b) Parking a vehicle in violation of posted $50.00
restrictions and regulations
Parking a vehicle as to block traffic $75.00
Parking a vehicle as to impede emergency . $100.00
traffic
Parking a vehicle as to create a safety hazard $75.00
or endanger any person
Parking a vehicle as to endanger property or $50.00
environmental feature
Parking a vehicle in handicapped parking $75.00
space without proper tag or identification
327.2(c) Operating and/or parking a vehicle off $75.00
authorized roadways except at locations and
times designated by the District Commander
Taking any vehicle through, around or $75.00
beyond a restricted sign, recognizable
barricade, fence or traffic control barrier
327.2(d) Operating a vehicle in violation of posted $75.00
restrictions and regulations
Page 1 of 12
Attachment A
Cash Paxment
in Lieu of
Section Description of Violation Appearance
327.2(e) Operating a vehicle in a careless, negligent, $200.00
or reckless manner so as to endanger any
person
Operating a vehicle in a careless, negligent, $100.00
or reckless manger so as to endanger
property or environmental feature
327.2(f) Using a vehicle in a designated recreation $75.00
area for purposes other than entering or
leaving the area or individual sites or
facilities except as authorized
327.2(g) Operating a vehicle without a proper and $75.00
effective muffler as defined by state and
local laws
Operating a vehicle with an exhaust muffler $75.00
cutout open or any other manner which
renders the exhaust muffler ineffective in
muffling the sound of engine exhaust
327.3(b) Placing and/or operating any vessel or $200.00
watercraft for a fee or profit upon project
waters or lands except as authorized by
permit, lease, license or concession contract
with the Department of the Army
327.3(c) Operating a vessel or watercraft on project $75.00
waters in prohibited or restricted areas
Operating a vessel or watercraft on project · $75.00
waters in violation of posted regulations and
restrictions, including buoys
Operating a vessel or watercraft on project $75.00
waters without display of appropriate
registration on board
Page 2 of 12
Cash Payment
inLieu of
Section Description of Violation Appearance
327.3(d) Operating a vessel or watercraft in a $200.00
careless, negligent or reckless manner so as
to endanger any person, property or
environmental feature
327.3(e) Using or allowing the use of a vessel $75.00
without safety equipment on board in
compliance with the U.S. Coast Guard
boating safety requirements and in
compliance with boating safety laws and
enforced by the state in which the vessel is
located
327.3(f) Using a vessel or other watercraft while $75.00
moored in commercial facilities, community
corporate docks, or at any fixed or
permanent mooring point, for overnight
occupancy when such use is not incidental
to recreational boating
Using a vessel or other watercraft as place of $100.00
habitation or residence
327.3(g) Using water skis, parasails, ski-kites and $75.00
similar devices in restricted areas
Using water skis, parasails, ski-kites, or $125.00
similar devices in a careless, negligent, or
reckless manner so as to endanger any
property, person or environmental feature
327.3(h) Failure to remove a vessel not in actual use $75.00
from project lands and waters which is not
securely moored or stored at designated
areas approved by the District Commander
Placing of floating or stationary mooring $75.00
facilities on, adjacent to, or interfering with
a buoy, channel marker or other navigational
aid
Page 3 of 12
Cash Pa:y:ment
in Lieu of
Section Description of Violation Appearance
327.3(h) Attaching or anchoring vessels to structures $75.00
such as locks, dams, buoys or other
structures unless authorized by the District
Commander
327.3(i) Using, at a project, a vessel not constructed $75.00
or maintained in compliance with the
standards and requirements established by
the National Safe Boating Act of 1971 or
promulgated pursuant to such act
327.3(j) Operating a vessel or watercraft without a $75.00
proper and effective exhaust muffler
Operating a vessel or watercraft with an $75.00
exhaust muffler cutout open, or in any other
manner which renders the muffler
ineffective in muffling the sound of engine
exhaust
327.4(b) Operating an aircraft on project lands at $100.00
locations other than those designated by the
District Engineer
327.4(c) Operating an aircraft while on or above $200.00
project waters or project lands in a careless,
negligent or reckless manner so as to
endanger any person, property or
environmental feature
327.4(e) Air delivering or retrieving, except in $100.00
extreme emergencies threatening human life
or serious property loss, any person, material
or equipment by parachute, balloon,
helicopter or other means onto or from
project lands or waters without written
permission of the District Commander
Page 4 of 12
Cash Payment
in Lieu of
Section Description of Violation Appearance
327.4(f2) Operating a seaplane contrary to the $200.00
prohibitions or restrictions established by
the District Commander
327.4(f3) Operating a seaplane on project waters $200.00
contrary to U.S. Coast Guard navigation
rules for powerboats or vessels
327.4(f4) Mooring a seaplane in a prohibited area, or $100.00
in excess of 24 hours on project waters or
lands at a location not permitted by the
District Commander
327.4(f4i) Mooring a seaplane in an unsafe or insecure $200.00
manner as to damage the rights of the
Government or members of the public
327.4(f4ii) Mooring of a seaplane on project lands or $200.00
waters by an operator who fails to remain in
the vicinity and be reasonably available to
relocate the plane
327.4(f5) Unauthorized commercial operation of a $200.00
seaplane from project waters
327.4(f6) Operating a seaplane at Corps projects $200.00
between sunset and sunrise without approval
from the District Commander
327.5(a) Swimming, wading, snorkeling, or scuba $75.00
diving at launching sites, designated
mooring points, public docks, or other areas
designated as prohibited by the District
Commander
327.S(b) Failure to display an international diver $75.00
down or inland diving flag during
underwater activities
327.S(c) Diving, jumping or swinging from trees, $75.00
bridges or other structures which cross or
are adjacent to project waters
Page 5 of 12
Cash Paxment
in Lieu of
Section Description of Violation Appearance
327.6 Picnicking or related day use activity in a $75.00
prohibited area
327.7(a) Camping in an undesignated location $75.00
327.7(b) Camping at one or more campsites for a $75.00
period longer than 14 days during any 30
consecutive day period without written
permission from the District Commander
327.7(c) Placing camping equipment or other items $75.00
on a campsite and/or personal appearance at
a campsite without daily occupancy for the
purpose of reserving that camp site for
future occupancy
327.7(d) Digging or leveling of any ground or the $75.00
construction of any structure without written
permission from the District Commander
327.7(e) Occupying or placement of any camping $75.00
equipment at a campsite which is posted or
otherwise marked as ''reserved" without an
authorized reservation for that site
327.8(a) Hunting in areas or during periods $100.00
prohibited by the District Commander
327.8(b) Trapping in areas or during periods $75.00
prohibited by the District Commander
327.8(c) Fishing in swimming areas, on boat ramps $75.00
or other areas designated by the District
Commander as prohibited
327.8(d) Violating additional restrictions pertaining $75.00
to these activities established by the District
Commander
Page 6 of 12
Cash Pa)'.ment
in Lieu of
Section Description of Violation Appearance
327.9(a) Improper disposal of or failure to remove $100.00
garbage, trash, rubbish, litter, gray water or
any other waste material or waste liquid,
including human and animals wastes,
generated on the project
327.9(b) Bringing any household or commercial $150.00
garbage, trash, rubbish, debris, dead animals
or litter of any kind onto project for disposal
or dumping without written permission from
the District Commander
327.9(c) Spilling, pumping, discharge or disposal of $200.00
contaminants, pollutants, or other wastes on
project lands or into project waters
327.9(d) Failure to keep site free of trash and litter $100.00
during the period of occupancy
327.9(e) Discharging or placing sewage, galley $200.00
waste, garbage, refuse, or pollutants from
any vessel or watercraft into project waters
327. IO(a) Carrying gasoline or any other fuels onto a $50.00
project or storing some within a project in
containers not designed for such purposes
without written permission of District
Commander
327.I0(b) Failure to confine a fire to areas designated $75.00
by the District Commander
Failure to confine a fire in a fireplace, grill, $75.00
or other facility designated for this purpose
Leaving fire unattended or failing to $75.00
completely extinguish prior to departure
Burning materials that produce toxic fumes $75.00
including, but not limited to, tires, plastics
and other floatation materials or treated
wood
Page 7 of 12
Cash Payment
in Lieu of
Section Description of Violation Appearance
327.l0(c) Improper disposal of lighted smoking $75.00
materials, matches or other burning material
327.ll(a) Bringing or allowing dogs, cats or other pets $75.00
that are not on a leash under 6 feet in length,
penned, caged, or otherwise physically
restrained, into developed recreation areas or
adjacent waters
Bringing or allowing an animal or pet, $75.00
except properly trained animals assisting
those with disabilities, in sanitary facilities,
playgrounds, swimming beaches or any
other area designated by the District
Commander
Allowing an animal or animals to impede or $75.00
restrict otherwise full and free use of project
lands and waters by the public
Allowing an animal to bark or emit other $75.00
noise that unreasonably disturbs other
people
Abandonment of any animal on project $75.00
lands or waters
327.1 l(b) Failure to properly remove and dispose of $75.00
any waste produced by an animal or pet
brought or allowed into designated public
use areas
327.1 l(c) Bringing or allowing horses, cattle or other $75.00
livestock in camping, picnicking, swimming
or other recreation areas or on trails, except
in areas designated by the District Commander
327.l l(d) Ranging, grazing, watering or allowing $200.00
unauthorized livestock on project lands or
waters
Page 8 of 12
CashPaxment
in Lieu of
Section Description of Violation Appearance
327.ll(g) Possessing or allowing wild or exotic pets $75.00
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
327.12(a) Entering or using a project in a manner $75.00
which is contrary to the schedule of visiting
hours, closures or restrictions
327.12(b) Creating excessive noise in a public use area $75.00
between the hours of 10 p.m. and 6 a.m. or
those hours designated by the District
Commander, so as to unreasonably disturb
another person
327.12(c) Engaging in any act or conduct which $75.00
interferes with, impedes, or disrupts the use
of the project
Engaging in any act or conduct which $100.00
impairs the safety of another person
327.12(d) Operating or using any audio or other sound $75.00
producing or motorized equipment, including
but not limited to generators, vessels or
vehicles, in such a manner as to unreasonably
annoy or endanger another person
Exceeding state or local laws governing $75.00
noise levels from motorized equipment
327.12(e) Possessing and/or consuming alcoholic $75.00
beverages on any portion of the project land
or waters, or the entire project, where
designated and posted as prohibited by the
District Commander
Page 9 of 12
Cash Payment
in Lieu of
Section Description of Violation Appearance
327.12(f) Smoking in prohibited areas $50.00
327.13(a) Possessing a loaded firearm, ammunition, $100.00
loaded projectile firing device, bow and
arrows, crossbows, or other weapon except
as authorized by the District Commander
327.13(b) Possessing explosives or explosive devices $100.00
of any kind, including fireworks or other
pyrotechnics, without having obtained
written permission from the District
Commander
327.14(a) Destruction, injury, defacement, removal, or $200.00
any alteration of public property, developed
or natural, except when in accordance with
written permission from the District
Commander
327.14(b) Cutting or the gathering of trees or parts of $200.00
trees and/or the removal of wood from
project lands without written permission
from the District Commander
327.14(c) Gathering of dead wood on the ground in $50.00
violation of posted restrictions
327.14(d) Using metal detectors in areas where $75.00
prohibited by the District Commander
327.15(a) Abandoning, storing or leaving unattended, $75.00
personal property on project lands or waters
327.15(b) Placing personal property on Federal lands $75.00
or waters adjacent to a private residence,
facility and/or developments of any private
nature for more than 24 hours without
permission of the District Commander
327.16 Failure to deposit a found article $75.00
Page 10 of 12
CashPawent
in Lieu of
Section Description of Violation Appearance
327.l 7(a) Unauthorized advertising on project lands $75.00
and/or waters by any means
327.18(a) Engagement in or solicitation of business on $200.00
project land or waters without the express
written permission of the District Commander
327.18(b) Refusing or failing to comply with any $200.00
terms, clauses or conditions of any lease,
license or agreements issued by the District
Commander
327. l 9(a) Refusing or failing to comply with the fee $100.00
requirements or other terms or conditions of
any permit issued under the provisions of
this part of 327
327.20 Construction, placement or existence of any $200.00
structure (including roads, trails, signs, non-
portable hunting stands or blinds, buoys,
docks or landscape features) of any kind
under, upon, in or over project lands or
waters without written authorization from
the District Commander
Violation of the terms of a permit, lease, $200.00
license or other written agreement via the
design, construction, placement, existence or
use of any structure
327.21 (a) Holding special events including, but not $200.00
limited to, water carnivals, boat regattas,
fishing tournaments, music festivals,
dramatic presentations or other special
recreation programs without written
permission from the District Commander
327.2l(b) Charging of a fee to the public by a sponsor $200.00
of a special event without written approval
of proposed fee schedule from the District
Commander
Page 11 of 12
Cash Pa1ment
in Lieu of
Section Description of Violation Appearance
327.22(a) Occupying any lands, buildings, vessels, or $100.00
other facilities within water resource
development projects as a full or part-time
residence without written permission from
the District Commander
327.22(b) Unauthorized use of project lands and/or $200.00
waters for agricultural purposes
327.23(c) Failure to pay recreation use fees, and/or $75.00
properly display applicable receipt, permit
or pass
327.23(d) Unauthorized presentation or fraudulent use $100.00
of a Golden Age/Access Passport to obtain
a 50 percent discount from the established use
327.24(a) Resisting, opposing, impeding, intimidating, $300.00
or interfering with 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
Forcibly assaulting, attempting to kill or Mandatory
killing any civilian official or employee of appearance
the U.S. Army Corps of Engineers engaged
in, or on account of, the performance of his
or her official duties
327.24(b) Failing to comply with a lawful order issued $200.00
by a Federal employee acting pursuant to
these regulations
Failing to provide a correct name, address or $200.00
other information deemed necessary for
identification upon request of Federal
employee that is authorized to issue citations
in the performance of his or her official duties
Page 12 of 12
