[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1382 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 1382
To authorize increased fines for improper use of vehicles that results
in damage to public lands or national forests, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 3, 2001
Mr. Udall of Colorado introduced the following bill; which was referred
to the Committee on Resources, and in addition to the Committees on
Agriculture and the Judiciary, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To authorize increased fines for improper use of vehicles that results
in damage to public lands or national forests, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS; PURPOSES.
(a) Short Title.--This Act may be cited as the ``Responsible Off-
Road Vehicle Enforcement and Response Act''.
(b) Findings.--The Congress finds the following:
(1) The public lands managed by the Bureau of Land
Management and the Federal lands within the National Forest
System provide important opportunities for recreational
activities as well as for other uses.
(2) The use of vehicles on such lands for recreational and
other purposes is appropriate and should be permitted to
continue.
(3) Use of vehicles, whether motorized or nonmotorized, on
such lands can result in damage and should occur only where
consistent with the other purposes for which those lands are
managed and in compliance with all applicable requirements or
regulations.
(4) Violations of such requirements or regulations should
be subject to fines commensurate with the severity of any
damages resulting from such violations.
(5) Current law should be revised so that the Secretary of
the Interior and the Secretary of Agriculture can impose more
appropriate fines for violations of such requirements or
regulations and can require violators to reimburse the United
States for restoration or other costs resulting from such
violations.
(c) Purposes.--The purposes of this Act are as follows:
(1) To authorize imposition of appropriate fines for
violations of requirements or regulations regarding use of
vehicles on public lands or on Federal lands within the
National Forest System that result in damage to such lands.
(2) To authorize immediate use of funds received as a
result of the imposition of such fines for restoration or other
treatment of lands damaged by such violations, for increasing
public awareness of the regulations applicable to use of
vehicles on such lands, and for defraying the costs of
enforcing such regulations.
SEC. 2. PUBLIC LANDS.
(a) Fines.--Section 303(a) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1733(a)) is amended--
(1) by striking ``(a) The'' and inserting ``(a)(1) The'';
and
(2) by adding after paragraph (1) (as so designated above)
the following new paragraph:
``(2) Notwithstanding any other provision of law (including section
3571 of title 18, United States Code), the Secretary may impose a fine
of no more than $10,000 or an amount equal to the cost to the United
States of any improvement, protection, or rehabilitation work on the
public lands rendered necessary by damages to such lands resulting from
violation of any regulation or other requirement regarding use of any
vehicle over such lands, whichever amount is greater. Notwithstanding
any other provision of law, such a violation not resulting in death
shall be considered a Class B misdemeanor.''.
(b) Use of Fines.--Section 305 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1735), is amended by adding at the
end the following new subsection:
``(d) Any moneys received by the United States as a result of a
fine imposed pursuant to section 303(a)(2) shall be available to the
Secretary, without further appropriation, and shall be used--
``(1) to cover the administrative, legal, and related
expenses, including damage assessments, payments of rewards for
information, and investigative costs of enforcing regulations
or other requirements regarding use of vehicles on public
lands;
``(2) to cover the costs of any improvement, protection, or
rehabilitation work on public lands; and
``(3) to increase public awareness of regulations and other
requirements regarding recreational use of vehicles on public
lands.''.
SEC. 3. NATIONAL FOREST LANDS.
(a) Vehicle Violations.--Section 1 of the Act of June 4, 1897 (16
U.S.C. 551), is amended--
(1) by striking ``The Secretary of Agriculture'' and
inserting ``(a) In General.--The Secretary of Agriculture'';
and
(2) by adding at the end the following new subsection:
``(b) Fines for Vehicle Violations.--Notwithstanding any other
provision of law (including section 3571 of title 18, United States
Code), the Secretary may impose a fine of no more than $10,000 or any
amount equal to the cost to the United States of any improvement,
protection, or rehabilitation work on lands managed by the Forest
Service rendered necessary by damages to such lands resulting from
violation of any regulation or requirement regarding use of any vehicle
on such lands, whichever amount is greater. Notwithstanding any other
provision of law, such a violation not resulting in death shall be
considered a Class B misdemeanor.''.
(b) Use of Fines.--Section 7 of the Act of June 20, 1958 (16 U.S.C.
579c), is amended--
(1) by inserting ``administrative, legal, and related
expenses, including damage assessments, payments of rewards for
information, and investigative costs, incurred in connection
with such claim, and all'' after ``cost to the United States of
any''; and
(2) by striking ``Provided'' and all that follows at the
end of such section and inserting the following: ``Provided,
That any portion of the moneys so received in excess of the
amounts expended for such purposes shall be similarly made
available to be used for enforcement and increased public
awareness of the regulations and other requirements regarding
activities on such lands, including the regulations and
requirements regarding the use of vehicles on such lands.''.
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