18 NATIONAL FOREST MANUAL. 



after having examined the report, will prepare a memorandum, con- 

 taining his estimate of the damage sustained by the United St ates, his 

 opinion regarding the nature of the trespass, and his recommendations 

 for action. 



If the trespass report is accompanied bv a claims report, all the 

 papers will then be referrecf to the office of lands. If 

 Action upon ^ appears, upon an examination of the claims report 

 submitted with in tnat omce > that action should be initiated to pro- 

 trespass report, test the claim, the original reports upon the claim 

 will be removed from the trespass file and a copy sub- 

 stituted. A memorandum, showing the intended action, if any, upon 

 the claims report, will be attached to the trespass report. Action in 

 the claims case will then be taken in accordance with the procedure 

 prescribed under "Claims." 



The district forester will then submit the trespass case to the dis- 

 trict assistant to the solicitor, who will determine the 

 Report referred sufficiency of the information to sustain the action 

 ant tTthe^oiic- recommended. If, in his judgment, a trespass has 

 itor. been committed, and the action recommended is 



warranted by the facts shown by the record, he will 

 prepare a memorandum to that effect for the district forester. If he 

 believes that the trespass is not clearly established, or that the sum 

 of the damage is inadequate or excessive, or that there is an absence 

 of material facts, he will so advise the district forester by memorandum, 

 indicating, if necessary, the additional evidence required to complete 

 the case. If the district assistant to the solicitor dissents from the 

 opinion of the district forester, the latter will take steps to conform to 

 the legal requirements outlined by securing additional reports or 

 evidence, and will again submit the case to the district assistant to the 

 solicitor. 



If the case is one of innocent or unintentional trespass, and the 

 total value of the forest products injured, taken, or 

 Settlement of destroyed is not in excess of $100, the approval by 

 th e e SP distrfc S t eS for- the district assistant to the solicitor will be followed 

 ester. by the preparation by him of a letter to the tres- 



passer for the signature of the district forester. In 

 all such cases the sum demanded in settlement by the district for- 

 ester must not include injury to the land nor punitive or exemplary 

 damages, since such injury or damage can be determined only in 

 judicial proceedings. The district forester's letter, which will be 

 forwarded through the supervisor, will inform the trespasser of the 

 sum due the United States because of his trespass, as determined by 

 the district forester, and that, upon payment of this amount and the 

 fulfilment of such conditions as may be necessary to protect the 

 National Forest, the case will be closed. A letter of transmittal (Form 

 861) for the amount due, signed by the district forester, will accom- 

 pany the letter. A promise card will be prepared, and if after the 

 expiration of a reasonable time the payment has not been received, 

 the entire case will be referred to the district assistant to the solic- 

 itor, who will write a second letter to the trespasser calling attention 

 to his failure to pay the amount due. If the trespasser fails or re- 

 fuses, after receipt of the second letter, to make settlement as required, 

 the assistant to the solicitor will forward the case to the Solicitor for 

 submission to the Attorney General for the institution of civil suit. 





