360 



Upon receipt of the report the supervisor will review it, and if he~finds that a tres- 

 pass has been committed, he will inform the trespasser by registered mail or in per- 

 son of the fact, and will inform him that he will be allowed ten days from receipt of 

 notice in which to make a sworn statement of the circumstances of the trespass and 

 his estimate of the damages sustained by the Government as a result of the trespass, 

 and that such statement wiU be considered by the Secretary of Agriculture in his 

 ascertainment and determination of the actual damages sustained by the trespass. 



Whenever practicable the supervisor should meet the trespasser at the place of the 

 trespass and talk the matter over with him. The supervisor, having given the 

 party, notified as above stated, opportunity to present his statement and having 

 fully informed himself in respect to the facts in the case, will supplement the Forest 

 officer's report by his own findings as to the actual damage sustained by the Govern- 

 ment and particularly (1) whether the trespass was committed unintentionally, 

 inadvertently, or ignorantly, or (2) whether it was accompanied by circumstances 

 evincing a conscious, willful, or reckless disregard of the consequences of the trespass 

 and of the rights of the Government, which, accompanied by the Forest officer's 

 report, will be sent to the District Forester, who will add his recommendation and 

 forward all papers in the case to the Forester for submission to the Secretary of 

 Agriculture for his final ascertainment and determination of the actual damages 

 sustained by the Government as a result of the trespass. 



When the Secretary has ascertained and determined the amount due the Govern- 

 ment and that the trespass was committed unintentionally, inadvertently, or igno- 

 rantly, he will notify the trespasser thereof, and a reasonable time will be allowed him 

 in which to pay the amount ascertained to be due. 



If settlement is not promptly made, the facts will be reported to the Attorney- 

 General for institution of suit for recovery of the ascertained damages, and in every 

 case where the trespass was committed knowingly, willfully, recklessly, and in disre- 

 gard of the rights of the Government, the facts will be reported to the Attorney-Gen- 

 eral 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 aggravating 

 circumstances of the trespass. Where necessary to report the cases to the Attorney- 

 General the Law Officer will prepare the letters for the .signature of the Secretary. 



In criminal cases. Settlement of, or institution of suit to recover for, damages 

 resulting from a trespass in a National Forest, does not bar a criminal prosecution for 

 the trespass, and the Secretary of Agriculture will not entertain a proposition of 

 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 cases as 

 hereinafter stated, no Forest officer will take action looking to a criminal prosecution 

 of the trespasser, but will report all the facts to the supervisor as directed under 

 heading "In civil cases." The Secretary will determine from the facts reported to 

 him whether or not criminal proceedings should be recommended to the Attorney- 

 General. 



In willful and flagrant cases where immediate action is necessary in order to 

 protect the Forest from damage, or to prevent the escape of the trespasser, the ranger 

 will place the trespasser under arrest if he is detected in the act of committing a 

 trespass; will notify the supervisor at once, advising him of the need for immediate 



