E-SNet Questions & Answers

The following information was provided by ES team members in response to an informal call to share their experience on a variety of topics. This information generally reflects a local or regional policy perspective and experience. It has not been reviewed or approved by headquarters, and does not reflect national policy. It is designed to provide a communication thread across the agency. Vendors or products described do not constitute an endorsement of the product, but simply reflect field experience. Contact your District POC for clarification of related local policies prior to implementation. Seek local assistance to ensure competitiveness in contracting and program execution.

4 October 2006
Q: We recently discovered an adjacent land owner who cut trees on Corps fee owned land to improve the view. We estimate the value to be just under $9000 at the 3X the present stumpage rate. I am looking for examples of creative restitution plans rather than just paying a fine. I know our US Attorney will be asking for an easily implemented restitution plan. I was wondering if anyone has done something similar.


A: 11/15/06 - We had timber cut by an adjoining property owner. Instead of going to court, we at the project worked with Office of Council for a Claim of Affirmation. In this way all monies spent investigating this incident i.e. my time in writing the investigating report, the cost to the government of getting the property line re-surveyed, was included in the claim. Most importantly, the true value of the timber, which was less than three thousand, was not mutiplied times the stumpage value. This was negotiated with the neighbor, paid to the district, and the funding credited back into the project's accounts to use. I'm sure that some sort of interpretation for the value of the Claim of Affirmation by your district's Office of Council could be worked out in the way of donated equipment or services in lieu of monetary fine.
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