78 THE USE BOOK. 



criminal trespasses will be reported to the Secretary of Agriculture for reference 

 to the Attorney General for action. (Issued August 5, 1911. to take effect Sep- 

 tember 1. 1911.) 



CIVIL CASES. 



A Forest officer, upon discovering a trespass, will take such immediate steps 

 as are necessary to protect the National Forest or United States property from 

 injury or loss, and report all the facts to the supervisor. 



If the supervisor is of the opinion thnt trespass has been committed, he will, 

 except in cases of property and criminal fire trespasses, inform the trespasser 

 by registered mail, or in person, of the trespass, and that he will be allowed a 

 definite time 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, and that such statement will be considered in the determination 

 of the actual damages sustained by reason of the trespass. 



Whenever practicable the supervisor will meet the trespasser and talk the 

 matter over with him. 



After consideration of the trespasser's statements the supervisor will supple- 

 ment the Forest officer's report by his own findings as to the damage sustained 

 by the Government, and particularly as to the innocence or willfulness of the 

 trespass, and send both to the district forester, who will consult the legal ad- 

 viser of the district. 



If the case is one of innocent or unintentional trespass and the total value 

 of the forest products injured, taken, or destroyed is not in excess of $100. 

 the approval of the case for action by the law officer will be followed by the 

 preparation of a letter to the trespasser. In this letter the district forester 

 will inform the trespasser of the sum due the United States because of his 

 trespass, as determined by him, and that, upon payment of this amount and 

 the fulfillment 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 accompany the letter. If 

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

 the entire case will be referred to the district legal adviser, who will write a 

 second letter to the trespasser calling attention to his failure to pay the amount 

 due. If the trespasser fails or refuses, after receipt of the second letter, to 

 make settlement as required, the case will be forwarded to the Solicitor at 

 Washington for submission to the Attorney General for the institution of civil 

 suit. 



CRIMINAL CASKS. 



Settlement of or institution of suit to recover damages resulting from a 

 trespass in a National Forest does not bar a criminal prosecution for the 

 trespass, and the Secretary of Agriculture can not accept settlement made on 

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

 tary power to dismiss a pending prosecution. 



ACTION WHERE ARREST IS NECESSARY. 



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 trespass, or if not so detected will first procure a warrant for his 

 arrest. He will immediately take the trespasser before the proper United 

 States commissioner, swear to a complaint, and hold the trespasser for disposi- 

 tion according to the instructions of the commissioner. (See Authority of 

 Forest officers, p. IS. ) . 



PROTECTION OF WATER SUPPLY. 



REGULATION G. A.-8. For the purpose of protecting water supplies of towns, 

 cities, and irrigation districts, the use of National Forest lands will be restricted 

 by the Secretary of Agriculture, with such conditions as to reservations from 

 other uses of the land and to assistance to be given the Forest Service by the 

 town or city in establishing special protective measures as may be deemed neces- 

 sary or advisable. Such use will be granted under formal agreement between 

 the Secretary of Agriculture and the properly authorized official of the town, 

 city, or irrigation district. (Issued August 12, 1912.) 



