18 U.S.C. § 1862 — Untitled legal text

Page 457 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1864 1949 ACT This section [section 42] substitutes, in section 1859 of title 18, U.S.C., ‘‘Director of the Bureau of Land Man- agement’’ for ‘‘Commissioner of the General Land Of- fice,’’ in view of the abolishment of the General Land Office, and the office of Commissioner thereof, by 1946 Reorganization Plan No. 3, § 403, effective July 16, 1946 (11 F.R. 7876). Such plan consolidated the functions of the General Land Office and of the Grazing Service to form a new agency, the Bureau of Land Management, in the Department of the Interior and headed by a Di- rector. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $3,000’’. 1949—Act May 24, 1949, substituted ‘‘Director of the Bureau of Land Management’’ for ‘‘Commissioner of the General Land Office’’. § 1860. Bids at land sales Whoever bargains, contracts, or agrees, or at- tempts to bargain, contract, or agree with an- other that such other shall not bid upon or pur- chase any parcel of lands of the United States offered at public sale; or Whoever, by intimidation, combination, or un- fair management, hinders, prevents, or attempts to hinder or prevent, any person from bidding upon or purchasing any tract of land so offered for sale— Shall be fined not more than $1,000 or impris- oned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 789.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 113 (Mar. 4, 1909, ch. 321, § 59, 35 Stat. 1099). Imprisonment provision was reduced from ‘‘two years’’ to ‘‘one year,’’ thus placing the offense in the category of misdemeanors which may be prosecuted on information. The lesser punishment seems adequate. Minor changes were made in phraseology and ar- rangement. § 1861. Deception of prospective purchasers Whoever, for a reward paid or promised to him in that behalf, undertakes to locate for an in- tending purchaser, settler, or entryman any public lands of the United States subject to dis- position under the public-land laws, and who willfully and falsely represents to such intend- ing purchaser, settler, or entryman that any tract of land shown to him is public land of the United States subject to sale, settlement, or entry, or that it is of a particular surveyed de- scription, with intent to deceive the person to whom such representation is made, or who, in reckless disregard of the truth, falsely rep- resents to any such person that any tract of land shown to him is public land of the United States subject to sale, settlement, or entry, or that it is of a particular surveyed description, thereby deceiving the person to whom such rep- resentation is made, shall be fined under this title or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 789; Pub. L. 103–322, title XXXIII, § 330016(1)(F), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 114 (Feb. 23, 1917, ch. 115, 39 Stat. 936). Words ‘‘deemed guilty of a misdemeanor and’’ which preceded ‘‘punished’’ were omitted as unnecessary in view of definitive section 1 of this title. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $300’’. [§ 1862. Repealed. Pub. L. 95–200, § 3(c), Nov. 23, 1977, 91 Stat. 1428] Section, act June 25, 1948, ch. 645, 62 Stat. 789, im- posed a fine of not more than $500 or imprisonment of not more than six months as the penalty for knowingly trespassing upon the reserve known as the Bull Run National Forest in the Cascade Mountains. See note set out under section 482b of Title 16, Conservation, for the remainder of Pub. L. 95–200, including savings provi- sions therein, which in addition to repealing this sec- tion created the Bull Run Watershed Management Unit, Mount Hood National Forest. § 1863. Trespass on national forest lands Whoever, without lawful authority or permis- sion, goes upon any national-forest land while it is closed to the public pursuant to lawful regula- tion of the Secretary of Agriculture, shall be fined under this title or imprisoned not more than six months, or both. (Added May 24, 1949, ch. 139, § 43, 63 Stat. 95; amended Pub. L. 103–322, title XXXIII, § 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES This section [section 43] incorporates in revised title 18, U.S.C., as section 1863 thereof, and with changes in phraseology, the provisions of act of February 10, 1948 (ch. 51, 62 Stat. 19), which was not incorporated in title 18 when the revision was enacted. The phrase ‘‘without hard labor’’ is omitted from the punishment clause as unnecessary, in conformity with the uniform style of such title. (See reviser’s note to sec. 1 of such revised title, appearing in H. Rept. No. 304, April 24, 1947, to ac- company H.R. 3190, 80th Cong. (pp. A2, A4 of such re- port).) The concluding proviso that ‘‘nothing herein shall be construed to limit the authority of the Sec- retary of Agriculture under other law to otherwise pro- vide for regulating the occupancy and use of national- forest lands and lands administered by the Forest Serv- ice’’, is omitted as surplusage. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $500’’. § 1864. Hazardous or injurious devices on Fed- eral lands (a) Whoever— (1) with the intent to violate the Controlled Substances Act, (2) with the intent to obstruct or harass the harvesting of timber, or (3) with reckless disregard to the risk that another person will be placed in danger of death or bodily injury and under cir- cumstances manifesting extreme indifference to such risk,