Us FILED
DISiR?6~TB~CWT COURT
YOMING
SEP 06 2011
Stephcanh Harris, Clerk
eyenne
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF WYOMING
Administrative General Order 2011-05
ORDER TO INCLUDE ADDITIONAL FINES IN COLLATERAL FINE
SCHEDULE FOR THE BUREAU OF RECLAMATION
It appearing to the Court that it is necessary to include additional collateral
forfeiture/appearance bond fee schedules for the Bureau ofReclamation, and being fully advised in
the premises, it is
ORDERED that the attached list comprises those statutes and regulations that shall be
enforced by the Bureau of Reclamation. Included herein is the applicable collateral
forfeiture/appearance bond fee schedule for each offense listed, which shall be understood that ifnot
governed by this schedule, the decision whether to (1) take an accused violator into custody; (2)
allow himlher to forfeit collateral; or (3) to merely issue a warning shall be within the sound
discretion of the law enforcement personnel. In addition, should a violator appear before a United
States Magistrate Judge, said Magistrate Judge may impose a fine or imprisonment or both, up to
the statutory maximum without regard to this schedule.
Three types of offenses are listed throughout this schedule and the procedures which follow
shall govern each:
(l ) Mandatory Appearance Where Bail is Required:
Some ofthe offenses contained herein have been deemed by the United States District Court
to require that an accused violator be detained and brought before an available United States
Magistrate Judge. In the event a Magistrate Judge is not immediately available, and in the interest
of preventing undue detention, an amount of bail has been established, which the accused violator
may tender to the person authorized to accept bail for the Magistrate Judge. This bail is intended to
insure the appearance of the violator at the time and place noted on the violation notice and is not
forteitable. If the violator is unable to make the required bail, he/she shall be placed in proper
custody, and he/she shall remain in such custody until he/she makes bail or is released by the
Magistrate Judge.
Throughout the schedule these offenses are denoted by a required appearance and bail
amount has been set. In each case where so indicated, the above procedure shall be followed.
(2) Mandatory Appearance Where No Bail Is Required:
In all cases where a mandatory appearance is required but no bail amount has been set, the
violator may be allowed to go free, but he/she must be advised to appear on the date indicated on the
violation notice, and under no circumstances may he/she forfeit collateral.
(3) Offenses Where Collateral May Be Forfeited:
In those instances where a collateral amount has been set and no mandatory appearance is
required, the accused may be allowed to plead guilty without an appearance before the Magistrate
Judge and forfeit the collateral amount applicable to the offense charged. The law enforcement
officer under any circumstances may require the violator to deposit the collateral in the United States
Mail in the presence of said officer.
IT IS FURTHER ORDERED that in the event an offense occurs to which no reference has
been made in this Schedule, the law enforcement agency involved shall immediately contact the
United States Attorney's Office in Cheyenne, Wyoming, at (307) 772-2124 or the United States
Attorney's Office in Casper, Wyoming, at (307) 261-5434, or the United States Attorney's Office
in Lander, Wyoming, at (307) 332-8195, for advice and consultation.
DATED this ~ day of ~2011.
FINE SCHEDULE
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
Statute (43 CFR Parts 423 and 429) Fine Schedule
(Penalty Section: 43 CFR 423. 71-fine pursuant to 18
U.S.c. § 3571 (up to $500.00) and/or can he
imprisoned for not more than 6 months - Class B
Misdemeanors)
Interference with Agency Functions and
Disorderly Conduct
423.22(a) $500
Threaten, resist, intimidate, interfere with a
Government Employee
423.22(b) $250
Violate lawful order
423.22( c) Mandatory
False Report! False Information Appearance or
$125
423.22(d) $250
Interfering, impeding, disrupting authorized users
423.22 (e) $250
Disorderly conduct
Abandonment and Impoundment of persona
Property
423.23(a) $150
Abandoned Property - must not abandon personal
property of any kind in or on facilities, lands, or
water bodies
423.23(b) $100
Unattended Property - cannot store or leave
unattended personal property of any kind
Trespassing
423.24 $250
No trespassing on facilities, lands, and!or water
bodies
Vandalism, Tampering and Theft
423.25(a) $250
Tampering or attempting to tamper with, move,
manipulate, operate, adjust, or set in motion
property not under lawful control or possession,
including but not limited to, vehicles, equipment,
controls, recreational facilities and devices
423.25(b) Mandatory
VandalismlTheft - must not destroy, injure, deface, Appearance or
damage, or unlawfully remove property not under $110
subject's lawful control or possession
423.25(c) $200
Throwing items on!into facilities - must not drop,
place, throw, or roll rocks or other items inside,
into, down, or from, dams, spillways, dikes, or
other structures and facilities
Public Events and Gatherings
423.26 $250
Public Meetings! Assemblies - must not conduct
public assemblies, meetings, gatherings,
demonstrations, parades, and other events without
a permit
Advertising and Public Solicitation
423.27 $75
Advertising/Soliciting - must not engage in
advertising or solicitation on Reclamation
facilities, lands or water bodies except as allowed
on valid contract
Memorials
423.28 Mandatory
Memorials - must not bury, deposit, or scatter Appearance or
human or animal remains, or place memorials, $250
markers, vases, or plaques on Reclamation
facilities, lands, or water bodies
Natural and Cultural Resources
423.29(a) Mandatory
Damage or Remove Government Property - must Appearance or
not destroy, injure, deface, remove, search for, $250
disturb or alter natural resources or cultural
resources including abandoned buildings or
structures, on or in Reclamation facilities, lands,
or water bodies
423.29(b) Mandatory
Introducing Species - must not introduce wildlife, Appearance or
fish, or plants, including their reproductive bodies, $500
into Reclamation lands and water bodies
423.29(c) $250
DamagelDisturb Natural Features - must not drop,
place, throw, or roll rocks or other items inside,
into, at, or down, caves, caverns, valleys, canyons,
mountainsides, thermal features, or other natural
formations
423.29(d) $250
DamaginglRemoving Live Trees or Parts - must
not damage or remove any live tree or part thereof
423.29(e) $250
Walking/Climbing on Cultural Resources - must
not walk on, climb, enter, ascend, descend, or
traverse cultural resources on Reclamation lands,
including monuments or statutes
423.29(f) $110
Unauthorized use of a Metal Detector - must not
possess a metal detector or other geophysical
discovery device, or use a metal detector or other
geophysical discovery techniques to locate or
recover subsurface objects or features
Weapons, Firearms, Explosives, and Fireworks
423.30(a)(I) $300
Possessing Weapon at a Facility - must not have a
weapon in possession when at or in a Reclamation
facility
423.30(a)(2) $150
Weapon Use Not Compliant with Special Use Area
Regulations - must comply with any prohibitions
or regulations applicable to weapons in a special
use area
423.30(b) $200
Illegal Discharge of a weapon - must not discharge
or shoot a weapon unless authorized
423.30(c) Mandatory
Explosives - must not use or possess explosives, or Appearance for
fireworks or pyrotechnics of any typed unless Fire Suppression
authorized
$200 for
Possession
Fires and Flammable Materials
423.31 (a) Mandatory
Unattended Fire - must not leave a fire Appearance for
unattended, and it must be completely Fire Suppression
extinguished before departure or
$200
423.31(b) $150
Improper Disposal of Burning Material - must not
improperly dispose of lighted smoking materials,
including cigarettes, cigars, pipes, matches, or
other burning material
423.31(c) $250
Burning Toxic Materials - must not burn materials
that produce toxic fumes, including, but not
limited to, tires, plastic, flotation materials, or
treated wood products
423.31(d) $50
Improper Transportation of Fuel - must not
transport gasoline and other fuels in containers
not designed for that purpose
423.31 (e) $300
Noncompliance with Applicable Fire Regulations-
must comply with all applicable Federal, state, and
local fire orders, restrictions, or permit
requirements
Hunting, Fishing and Trapping
423.32(a)(I) HuntinglFishingffrapping in a Closed $100
Area - subject to restrictions of § 423.30 in specific
areas
423.32(b)
Noncompliance with Area Restrictions - must $100
comply with any additional restrictions
Camping
423.33 (a) $100 plus fee
Camping Regulations in Special Use Area - must
comply with any restrictions, conditions,
limitations, or prohibitions on camping
423.33(b) $100
Exceeding 14 Day Limit - must not camp on
Reclamation lands at any single Reclamation
project for more than 14 days during any period of
30 consecutive days
423.33 (c) $75
Improper Campsite Reservation - must not
attempt to reserve a campsite for future use by
placing equipment or other items on the campsite,
or by personal appearance
423.33(d) $75
Leaving Camping Equipment - must not camp on
or place any equipment at a campsite that is posted
or otherwise marked as "reserved" or "closed
423.33(e) $75
Digging at Campsite - must not dig in or level any
ground, or erect any structure other than a tent
Sanitation
423.34 (a) $250
Improper Disposal of Refuse - must not bring or
improperly dispose of refuse on Reclamation
facilities, lands, and water bodies
423.34(b) $200
Littering Campsite - campers, picnickers, and all
other persons using Reclamation lands must keep
their sites free of trash and litter during the period
of occupancy and must remove all personal
equipment and clean the site before departure
423.34( c) $150
Improper Latrine Location - must not construct a
latrine within 200 yards of any Reclamation water
body, or within 200 yards of the high water mark
of any reservoir
Animals
423.35(a)
Pets in Public Buildings, Public Vehicles or $50
Sanitary Facilities - must not bring pets or other
animals into public buildings, public
transportation vehicles, or sanitary facilities. Does
not apply to properly trained animals assisting
person with disabilities
423.35(b) AbandoninglHarassinglEndangering or
Unauthorized Collecting Animals - must not
abandon any animal on Reclamation facilities, $250
lands or water bodies, or harass, endanger, or
attempt to collect any animal except game you are
attempting to take in the course of authorized
hunting, fishing, or trapping
423.35(d)(1) $500
Prohibited Wild or Exotic Animal - following
animals are prohibited and are subject to removal:
captive wild or exotic animals including but not
limited to cougars, lions, bears, bobcats, wolves,
and snakes
423.35(d)(2)
Prohibited Vicious Threatening Pet!Animal $100
following animals are prohibited and are subject to
removal: any pets or animals displaying vicious or
aggressive behavior or posing a threat to public
safety or deemed a public nuisance
Swimming
423.36(a)(I) Swimming/DivinglRaftingl Jumping $250
within 300 Yards of Dam Works - may not swim,
wade, snorkel, scuba dive, raft, or tube within 300
yards of dams, power plants, spillways, stilling
basins, gates, intake structures and outlet works
423.36(a)(2) no swimming, diving, rafting, or
jumping within in 100 yards of buoys or barriers $250
423.36(a)(3) No swimming, diving, rafting, or
jumping in canals, laterals, siphons, or tunnels $250
423.36 (a)(4) $100
No swimming, diving, rafting or jumping at public
docks, launch sites and designated mooring areas
423.36(b) $100
Failure to display diving flag while engaged in
underwater activities
423.36(c) $250
No diving, jumping, or swinging from dams,
spillways, bridges, cables, towers, or other
structures
Winter Activities
423.37(a) $50
No towing persons on skis, sleds, or other sliding
devices with a motor vehicle or snowmobile unless
otherwise authorized
423.37(b)
No ice skating, ice fishing, or ice sailing within 300 $250
yards of dams, power plants, pumping plants,
spillways, stilling basins, gates, intake structures or
outlet works
Operating Vessels on Reclamation Waters
423.38(a)
Must comply with Federal, state, and local laws $100
applicable to the operation of a vessel or other
water craft on Reclamation waters
423.38(b) $500
Must not operate a vessel in an area closed to the
public
423.38(c) $100
Must observe restrictions established by signs,
buoys, and other regulator markers
423.38(d) $250
Must not operate a vessel, or knowingly allow
another person to operate a vessel, in a reckless or
negligent manner, or a manner that endangers or
is likely to endanger a person, property, natural
resource, or cultural resource
423.38(e) $250
Must not operate a vessel when impaired or
intoxicated
423.38(f)
Must not occupy a vessel overnight unless $100
otherwise authorized
423.38(g) $200
Must not use a vessel as a place of habitation or
residence
423.38(h) $250
Must not place or operate a vessel on a
Reclamation water body for a fee or profit unless
otherwise authorized
423.38(i)
Must remove vessels from Reclamation lands and • $75
waters when not in actual use for a period of more
than 24 hours, unless securely moored or stored at
special use areas
423.38(j) $250
Must not attached or anchor a vessel to structures
such as locks, dams, regulatory or navigational
buoys, or other structures not designed for such
purposes
423.38(k)
Must display an international diver down, or $100
inland diving flag in accordance with State and US
Coast Guard guidelines when operating a vessel
involved in any underwater activities
423.38(1)
May engage in towing activities, including but not $75
limited to waterskiing and tubing, only during
daylight hours
Standards for Vessels
423.39(a)(I)
All vessels on Reclamation waters must be $100
constructed and maintained in compliance with the
standards and requirements of 46 United States
Code and applicable state and local laws
423.39(a)(2)
All vessels on Reclamation waters must have safety $100
equipment, including personal flotation devices, on
board in compliance with US Coast Guard
requirements and applicable state and local
boating safety laws
423.39(a)(3)
All vessels on Reclamation waters, if motorized, $100
must have and utilize a proper and effective
exhaust muffler
Vehicles
423.40(a)
Must comply with applicable Federal, state and $150
local laws and with posted restrictions and
regulations. It is prohibited to operate any vehicle
through, around, or beyond a restrictive sign
423.40(b) $50
Must not park a vehicle in violation of posted
restrictions and regulations, or in a manner that
would obstruct or impede normal or emergency
traffic movement or the parking of other vehicles,
create a safety hazard, or endanger any person,
property, or natural feature
423.40( c) Careless Driving:
Must not operate any vehicle, or allow another
person to operate a vehicle in your control, in a $250 if no injury
careless, negligent or reckless manner that would or damage
endanger any person, property, natural resource Mandatory
or cultural resource Appearance if
injury or damage
Reckless Driving:
$500 if no injury
or damage
Mandatory
Appearance if
injury or damage
423.40(d) $200
Regulations governing off-road vehicles use in 43
CFR part 420 apply
Aircraft
423.41(a) $250
Must comply with any applicable Federal, State,
and local laws and with any additional
requirements or restrictions established by an
authorized official in special use areas
423.41(b) $500 or
Must not operate any aircraft while on or able Mandatory
Reclamation facilities, lands, and water bodies in a Appearance
careless, negligent, or reckless manner so as to
endanger any person, property, or natural feature
423.41(d)
Must not use non-standard boarding and loading $250
procedures to deliver or retrieve people, material,
or equipment by parachute, balloon, helicopter, or
other aircraft
423.41(e) $250
Must comply with all applicable US Coast Guard
rules when operating a seaplane on Reclamation
water bodies
423.41(1)
Must securely moor any seaplane remaining on $100
Reclamation water bodies in excess of 24 hours at
mooring facilities and designated locations
423.41 (g) $75
Must not operate model aircraft except as allowed
. in special use areas
i Gambling
! 423.42 $100
i Commercial gambling in any form, or the
. operation of gambling devices, is prohibited on
Reclamation facilities, lands, and water bodies
Alcoholic Beverages
423.43 $100
Must not possess or consume alcoholic beverages
in violation fo Federal, State or local laws
Controlled Substances
423.44 $250 or
Must not possess, consume, deliver, or be under Mandatory
the influence of controlled substances Appearance
