EP 1130-2-550
15 Nov 96
e. A record of citation authority will be maintained in the district office. A wallet-size
citation authority card (ENG Form 4710) will be issued to, and carried by, the designee.
f. MSCs and districts will make at least a biennial analysis, by project, of citation data
from the NRMS report. As a rule, the ratio of written warnings to violation notices should be
consistent with the national average of 2/1 or higher. When the ratio is lower than 2/1, an analysis
should be done to identify any reasons for variances or problems which may be occurring. A ratio
of 3 warnings or more per violation is preferred.
g. Project analysis will include a review of ratios of citations to visitation and citations per
ranger. Unjustified deviances should be corrected.
h. Written warnings will be prepared in duplicate on ENG Form 4381, Warning citation.
Records of warning citations, either by computer entry or file copy, will be maintained for at least
two years.
i. Violation Notices.
(1) Collateral forfeiture citations and mandatory appearance citations will be issued as
warranted. DD Form 1805, Violation Notice, will be used for these purposes. Guidance on the
use of this form is in AR 190-29.
(2) Liaison will be maintained with the Clerks of District courts and Central Violations
Bureaus (CVB) to determine forfeiture schedules and to arrange administrative details to
implement the provisions of PL 91-611 (84 Stat. 1818). Divisions and districts will make an
effort to provide consistency in collateral forfeiture schedules between magistrate districts, Corps
districts and, where possible, states.
(3) Liaison will be maintained with local US Magistrates and US Attorney's offices to
make arrangements for court appearances and to handle other administrative details. Any specific
procedures or instructions issued by local magistrates will be kept on file at project offices and an
information copy forwarded to the district office.
(4) Collateral forfeiture, or payment by alleged violators in lieu of appearance, may be
made according to the forfeiture schedule approved by the district court, thus terminating the
proceedings against individuals. Corps personnel will not accept or agree to handle such
payments. Payments of the scheduled amounts and the related citations are to be sent by the
alleged violators in a preaddressed envelope furnished with DD Form 1805 to the appropriate
location determined in advance by the CVB. In collateral forfeiture cases, the alleged violator
should be advised that the payment must be mailed so as to be received by the appropriate office
prior to, and therefore in lieu of, the required appearance date stated on the violation notice.
(5) In cases involving large value losses, such as timber harvesting on government lands
or major destruction of government property, the US Attorney should be contacted according to
District procedures prior to any action. These cases may be prosecuted as civil or criminal cases
in order to recover losses incurred.
(6) Miranda warning is not required in the issuance of Title 36 citations.
6-2
Previous Page
