United States v. Richard K. Hatch

Richard K. Hatch, a miner, appeals his conviction for constructing a road on National Forest Service land without authorization or an approved operations plan, in violation of 16 U.S.C. § 551 and 36 C.F.R. § 261.10 (a). He argues that the court erred in failing to grant his motion, first made after conviction but before sentencing, that the information failed to charge an offense because the Forest Service had not been in compliance with the Paperwork Reduction Act when it required Hatch to file an operations plan.

FACTS AND PROCEEDINGS

Richard Hatch, a 77-year-old miner, has operated his quarry in the Mt. Moriah division of the Humboldt National Forest since 1953. As a miner on Forest System land he was required by 36 C.F.R. § 261.10 (a) to file for and obtain a special-use authorization, contract or approved operating plan prior to building a road or otherwise significantly disturbing the surface of the land. Hatch failed to file an operating plan that met Forest Service requirements for protecting surface resources.

On October 8, 1987, and May 24, 1988, informations were filed in United States District Court charging that Hatch unlawfully and knowingly constructed a road…