TRESPASS. 19 



If the estimated amount due the United States is in excess of $100, 

 or if the trespass was committed knowingly, willfully, 



Settlement of recklessly, and in disregard of the rights of the United 

 th^Secretary 8 States, or if the trespass involves injury to the lands 

 of the United States separate and apart from the in- 

 jury or destruction of forest products, the district forester will add his 

 recommendations and submit all the papers to the district assistant 

 to the solicitor for comment and recommendation and will then for- 

 ward all papers in the case, including the comment and recommenda- 

 tions of the district assistant to the solicitor, to the Forester for his 

 recommendation and for submission to the Secretary, through the 

 Office of the Solicitor, for his ascertainment and determination of the 

 actual damage sustained by the United States. 



When the Secretary has ascertained and determined the amount 

 due the United States and that the trespass was committed uninten- 

 tionally, inadvertently, or ignorantly, and does not involve injury 

 to the lands of the United States, a letter will be prepared by the 

 Solicitor for the signature of the Secretary, notifying the trespasser 

 of the amount ascertained to be due in settlement of the trespass and 

 informing him that a reasonable time will be allowed for payment. 

 The Secretary's letter and all papers in the case will be forwarded 

 through the Forester to the district forester, who will transmit the 

 letter to the trespasser, accompanied by a properly prepared and 

 signed form letter of transmittal (Form 861). A promise card will be 

 kept by the district forester, and if the amount due is not remitted 

 within a reasonable time, the case will be referred to the assistant to 

 the solicitor, who will write a second letter to the trespasser, calling 

 his attention to the fact that the amount due has not been remitted. 

 If the trespasser fails or refuses to make the required payment, the 

 assistant to the solicitor will take steps necessary to recover the 

 damages by civil suit. 



Should the Secretary determine that the trespass was committed 

 willfully, knowingly, and in reckless disregard of the 

 tomeyGeneral ri S ats f . tlie United States, or that the trespass in- 

 volves injury to the lands of the United States, the 

 facts will be reported by the Solicitor to the Attorney General for 

 institution of suit for recovery of the ascertained damages, together 

 with such exemplary damages as may be awarded by a jury upon 

 consideration of the aggravated circumstances of the case. When 

 necessary to report the cases to the Attorney General, the Solicitor 

 will prepare the letters for the signature of the Secretary. 



In every case where a compromise of a trespass is recommended by 

 Forest and law officers and approved by the Secretarv 

 the Secretary will advise the Attorney General of the 

 proposed compromise and request that the case be 

 settled in accordance therewith. 



CRIMINAL CASES. 



Settlement of or institution of suit to recover damages resulting 

 Cf . . from a trespass in a National Forest does not bar a 



cutioru 11 " Criminal prosecution for the trespass, and the Secre- 



tary of Agriculture can not accept settlement made on 

 the condition that no such prosecution will be instituted ; nor has the 

 Secretary power to dismiss a pending prosecution. Except in flagrant 



