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What Penalties Apply to Park Violations Under 36 CFR § 2.34

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  • 05-09-2018, 01:17 PM
    NotALawExpert
    What Penalties Apply to Park Violations Under 36 CFR § 2.34
    My question involves criminal law in an area managed by the National Park Service.

    Given the complexity of the park naming (https://fas.org/sgp/crs/misc/R41816.pdf) it isn't obvious to me which of 36 CFR § 1.3 Penalties (a) (b) or (c) apply to a charge of violating 36 CFR § 2.34 in the Golden Gate National Recreation Area. I'm hoping this is (c) (ie an infraction, a fine) but fear it is (a) (Class B Misdemeanor, up to 6 months).

    Much thanks to https://www.expertlaw.com/forums/sho...d.php?t=166276 for helping me find this forum and pointing me at § 1.3. And thank you for helping me understand it.
  • 05-10-2018, 06:13 AM
    Mr. Knowitall
    Re: What Penalties Apply to Park Violations Under 36 CFR § 2.34
    As a National Recreation Area, it doesn't fall under subsection (b). As the Golden Gate National Recreation Area was established in 1972, it was not established under the "Act of August 21, 1935" so as to fall under subsection (c). So, alas, that leaves subsection (a).
  • 05-11-2018, 12:09 PM
    NotALawExpert
    Re: What Penalties Apply to Park Violations Under 36 CFR § 2.34
    Bummer. I have a hunch that since 1935 some areas have been designated as historic sites administered by the NPS under the authority granted by the Act of August 21, 1935.... but I agree that doesn't apply to the GGNRA.

    Thank you for your attention and reply.
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