[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3247 Reported in House (RH)]

                                                 Union Calendar No. 338
108th CONGRESS
  2d Session
                                H. R. 3247

                  [Report No. 108-511, Parts I and II]

   To provide consistent enforcement authority to the Bureau of Land 
   Management, the National Park Service, the United States Fish and 
 Wildlife Service, and the Forest Service to respond to violations of 
  regulations regarding the management, use, and protection of public 
lands under the jurisdiction of these agencies, to clarify the purposes 
     for which collected fines may be used, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 2, 2003

  Mr. Tancredo (for himself, Mr. McInnis, and Mr. Udall of Colorado) 
 introduced the following bill; which was referred to the Committee on 
   Resources, and in addition to the Committee on Agriculture, 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

                              May 20, 2004

       Reported from the Committee on Resources with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                              May 20, 2004

 Referral to the Committee on Agriculture extended for a period ending 
                      not later than May 20, 2004

                              May 20, 2004

                The Committee on Agriculture discharged

                              May 20, 2004

  Referred to the Committee on the Judiciary for a period ending not 
 later than June 30, 2004, for consideration of such provisions of the 
 bill and amendment as fall within the jurisdiction of that committee 
                    pursuant to clause 1(k), rule X

                             June 30, 2004

Additional sponsors: Mr. Beauprez, Mr. Otter, Mr. Shimkus, Mr. Acevedo-
Vila, Mr. Radanovich, Mr. Simpson, Mr. Green of Wisconsin, Mrs. Cubin, 
Mr. Cannon, Mr. Gibbons, Mr. Peterson of Pennsylvania, Mr. Porter, Mr. 
                 Stupak, Mr. Matheson, and Mr. Boucher

                             June 30, 2004

    Reported from the Committee on the Judiciary with an amendment, 
   committed to the Committee of the Whole House on the State of the 
                    Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                           in boldface roman]
[For text of introduced bill, see copy of bill as introduced on October 
                                2, 2003]

_______________________________________________________________________

                                 A BILL


 
   To provide consistent enforcement authority to the Bureau of Land 
   Management, the National Park Service, the United States Fish and 
 Wildlife Service, and the Forest Service to respond to violations of 
  regulations regarding the management, use, and protection of public 
lands under the jurisdiction of these agencies, to clarify the purposes 
     for which collected fines may be used, 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.

    This Act may be cited as the ``Trail Responsibility and 
Accountability for the Improvement of Lands Act'' or ``TRAIL Act''.

SEC. 2. CONSISTENT ENFORCEMENT AUTHORITY REGARDING NATIONAL PARK SYSTEM 
              LANDS, NATIONAL FOREST LANDS, AND OTHER PUBLIC LANDS.

    (a) Lands Under Jurisdiction of Bureau of Land Management.--Section 
303(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1733(a)) is amended--
            (1) by inserting ``(1)'' after ``(a)'';
            (2) by striking the second sentence; and
            (3) by adding at the end the following new paragraphs:
    ``(2) Any person who knowingly violates or fails to comply with any 
of the provisions of this Act or any regulation issued under this Act 
shall be guilty of a Class A misdemeanor, subject to fine as provided 
in section 3571 of title 18, United States Code, or imprisonment as 
provided in section 3581 of that title, or both.
    ``(3) Any person who otherwise violates or fails to comply with any 
of the provisions of this Act or any regulation issued under this Act 
shall be guilty of a Class B misdemeanor, subject to fine or 
imprisonment, or both, as provided in such sections. A person who 
violates any such provision or regulation may also be adjudged to pay 
all costs of the proceedings.''.
    (b) National Park System Lands.--
            (1) Enforcement.--Section 3 of the Act of August 25, 1916 
        (popularly known as the National Park Service Organic Act; 16 
        U.S.C. 3) is amended--
                    (A) by striking ``That the Secretary'' the first 
                place it appears and inserting ``(a) Regulations for 
                Use and Management of National Park System; 
                Enforcement.--(1) The Secretary'';
                    (B) by striking ``Service,'' and all that follows 
                through ``proceedings.'' and inserting ``Service.''; 
                and
                    (C) by inserting after the first sentence the 
                following new paragraphs:
    ``(2) Any person who knowingly violates or fails to comply with any 
rule or regulation issued under this section shall be guilty of a Class 
A misdemeanor, subject to fine as provided in section 3571 of title 18, 
United States Code, or imprisonment as provided in section 3581 of that 
title, or both.
    ``(3) Any person who otherwise violates or fails to comply with any 
such rule or regulation shall be guilty of a Class B misdemeanor, 
subject to fine or imprisonment, or both, as provided in such sections. 
A person who violates any such rule or regulation may also be adjudged 
to pay all costs of the proceedings.''.
            (2) Conforming amendments.--Such section is further 
        amended--
                    (A) by striking ``He may also'' the first place it 
                appears and inserting the following:
    ``(b) Special Management Authorities.--The Secretary of the 
Interior may'';
                    (B) by striking ``He may also'' the second place it 
                appears and inserting ``The Secretary may''; and
                    (C) by striking ``No natural,'' and inserting the 
                following:
    ``(c) Lease and Permit Authorities.--No natural''.
    (c) National Wildlife Refuge System Lands.--Section 4(f) of the 
National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 
668dd(f)) is amended--
            (1) in paragraph (1), by striking ``fined under title 18, 
        United States Code, or imprisoned for not more than 1 year, or 
        both.'' and inserting ``guilty of a Class A misdemeanor, 
        subject to fine as provided in section 3571 of title 18, United 
        States Code, or imprisonment as provided in section 3581 of 
        that title, or both. A person who violates any such provision 
        or regulation may also be adjudged to pay all costs of the 
        proceedings.''; and
            (2) in paragraph (2), by striking ``fined under title 18, 
        United States Code, or imprisoned not more than 180 days, or 
        both.'' and inserting ``guilty of a Class B misdemeanor, 
        subject to fine as provided in section 3571 of title 18, United 
        States Code, or imprisonment as provided in section 3581 of 
        that title, or both. A person who violates any such provision 
        or regulation may also be adjudged to pay all costs of the 
        proceedings.''.
    (d) National Forest System Lands.--
            (1) Enforcement.--The eleventh undesignated paragraph under 
        the heading ``surveying the public lands'' of the Act of June 
        4, 1897 (16 U.S.C. 551), is amended--
                    (A) by striking ``The Secretary of the Interior'' 
                and inserting the following:

``SEC. 551. PROTECTION OF NATIONAL FORESTS; RULES AND REGULATIONS.

    ``(a) Regulations for Use and Protection of National Forest System; 
Enforcement.--(1) The Secretary of Agriculture'';
                    (B) by striking ``destruction; and any'' and all 
                that follows through ``or both.'' and inserting 
                ``destruction.''; and
                    (C) by inserting after ``destruction.'', as added 
                by subparagraph (B), the following new paragraphs:
    ``(2) Any person who knowingly violates or fails to comply with any 
rule or regulation made under paragraph (1) shall be guilty of a Class 
A misdemeanor, subject to fine as provided in section 3571 of title 18, 
United States Code, or imprisonment as provided in section 3581 of that 
title, or both.
    ``(3) Any person who otherwise violates or fails to comply with any 
such rule or regulation shall be guilty of a Class B misdemeanor, 
subject to fine or imprisonment, or both, as provided in such sections. 
A person who violates any such rule or regulation may also be adjudged 
to pay all costs of the proceedings.''.
            (2) Conforming amendment.--Section 551 of such Act, as 
        designated by paragraph (1), is further amended by striking 
        ``Any person'' and inserting the following:
    ``(b) Process.--Any person''.

SEC. 3. CONSISTENT AUTHORITIES REGARDING USE OF COLLECTED FINES.

    (a) Lands Under Jurisdiction of Bureau of Land Management.--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) Use of Collected Fines.--
            ``(1) Availability and authorized use.--Any moneys received 
        by the United States as a result of a fine imposed under 
        section 3571 of title 18, United States Code, for a violation 
        of a regulation prescribed under section 303(a) shall be 
        available to the Secretary, without further appropriation and 
        until expended, for the following purposes:
                    ``(A) To cover the cost to the United States of any 
                improvement, protection, or rehabilitation work on the 
                public lands rendered necessary by the action which led 
                to the fine.
                    ``(B) To increase public awareness of regulations 
                and other requirements regarding the use of the public 
                lands.
                    ``(C) To cover administrative, legal, and related 
                expenses rendered necessary by the action which led to 
                the fine.
            ``(2) Return of excess funds to treasury.--Moneys referred 
        to in paragraph (1) that the Secretary determines are excess to 
        the amounts necessary to carry out the purposes specified in 
        such paragraph shall be transferred to miscellaneous 
        receipts.''.
    (b) National Park System Lands.--Section 3 of the Act of August 25, 
1916 (popularly known as the National Park Service Organic Act; 16 
U.S.C. 3), as amended by section 2(b), is further amended by adding at 
the end the following new subsection:
    ``(d) Use of Collected Fines.--
            ``(1) Availability and authorized use.--Any moneys received 
        by the United States as a result of a fine imposed under 
        section 3571 of title 18, United States Code, for a violation 
        of a rule or regulation prescribed under this section shall be 
        available to the Secretary of the Interior, without further 
        appropriation and until expended, for the following purposes:
                    ``(A) To cover the cost to the United States of any 
                improvement, protection, or rehabilitation work on the 
                National Park System lands rendered necessary by the 
                action which led to the fine.
                    ``(B) To increase public awareness of rules, 
                regulations, and other requirements regarding the use 
                of such lands.
                    ``(C) To cover administrative, legal, and related 
                expenses rendered necessary by the action which led to 
                the fine.
            ``(2) Return of excess funds to treasury.--Moneys referred 
        to in paragraph (1) that the Secretary determines are excess to 
        the amounts necessary to carry out the purposes specified in 
        such paragraph shall be transferred to miscellaneous 
        receipts.''.
    (c) National Wildlife Refuge System Lands.--Section 4(f) of the 
National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 
668dd(f)), as amended by section 2(c), is further amended by adding at 
the end the following new paragraphs:
            ``(3) Use of collected fines.--Any moneys received by the 
        United States as a result of a fine imposed under section 3571 
        of title 18, United States Code, for a violation of this Act or 
        a regulation issued thereunder shall be available to the 
        Secretary, without further appropriation and until expended, 
        for the following purposes:
                    ``(A) To cover the cost to the United States of any 
                improvement, protection, or rehabilitation work on the 
                System lands rendered necessary by the action which led 
                to the fine.
                    ``(B) To increase public awareness of rules, 
                regulations, and other requirements regarding the use 
                of System lands.
                    ``(C) To cover administrative, legal, and related 
                expenses rendered necessary by the action which led to 
                the fine.
            ``(4) Return of excess funds to treasury.--Moneys referred 
        to in paragraph (3) that the Secretary determines are excess to 
        the amounts necessary to carry out the purposes specified in 
        such paragraph shall be transferred to miscellaneous 
        receipts.''.
    (d) National Forest System Lands.--Section 7 of the Act of June 20, 
1958 (16 U.S.C. 579c), is amended--
            (1) by inserting ``(a) Treatment of Certain Moneys Received 
        on Behalf of Forest Service.--'' before ``Any moneys'';
            (2) by striking ``contract or (2)'' and inserting 
        ``contract, (2)'';
            (3) by inserting after ``improvements,'' the following: 
        ``or (3) as a result of a fine imposed under section 3571 of 
        title 18, United States Code, for a violation of a rule or 
        regulation prescribed by the Secretary of Agriculture with 
        respect to such lands,'';
            (4) by striking ``to cover'' and all that follows through 
        the end of the section and inserting the following: ``for the 
        purposes specified in subsection (b).''; and
            (5) by adding at the end the following new subsection:
    ``(b) Authorized Use.--
            ``(1) In general.--The moneys referred to in subsection (a) 
        shall be available to the Secretary of Agriculture for the 
        following purposes:
                    ``(A) To cover the cost to the United States of any 
                improvement, protection, or rehabilitation work on 
                National Forest System lands rendered necessary by the 
                action which led to the fine, forfeiture, judgment, 
                compromise, or settlement.
                    ``(B) To increase public awareness of rules, 
                regulations, and other requirements regarding the use 
                of such lands.
                    ``(C) To cover administrative, legal, and related 
                expenses rendered necessary by the action which led to 
                the fine.
            ``(2) Return of excess funds to treasury.--Moneys referred 
        to in subsection (a) that the Secretary determines are excess 
        to the amounts necessary to carry out the purposes specified in 
        paragraph (1) shall be transferred to miscellaneous 
        receipts.''.

SEC. 4. ESTABLISHMENT OF MINIMUM FINE FOR VIOLATION OF PUBLIC LAND FIRE 
              REGULATIONS DURING FIRE BAN.

    (a) Lands Under Jurisdiction of Bureau of Land Management.--Section 
303(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1733(a)), as amended by section 2(a), is further amended by adding at 
the end the following new paragraph:
    ``(4) In the case of a regulation issued under this section 
regarding the use of fire by individuals on the public lands, if the 
violation of the regulation was the result of reckless conduct, 
occurred in an area subject to a complete ban on open fires, and 
resulted in damage to public or private property, the fine may not be 
less than $500.''.
    (b) National Park System Lands.--Subsection (a) of section 3 of the 
Act of August 25, 1916 (popularly known as the National Park Service 
Organic Act; 16 U.S.C. 3), as designated and amended by section 2(b), 
is further amended by adding at the end the following new paragraph:
    ``(4) In the case of a rule or regulation issued under this 
subsection regarding the use of fire by individuals on such lands, if 
the violation of the rule or regulation was the result of reckless 
conduct, occurred in an area subject to a complete ban on open fires, 
and resulted in damage to public or private property, the fine may not 
be less than $500.''.
    (c) National Forest System Lands.--Subsection (a) of section 551 of 
the Act of June 4, 1897 (16 U.S.C. 551), as designated and amended by 
section 2(d), which before such designation and amendment was the 
eleventh undesignated paragraph under the heading ``surveying the 
public lands'' of such Act, is further amended by adding at the end the 
following new paragraph:
    ``(4) In the case of such a rule or regulation regarding the use of 
fire by individuals on such lands, if the violation of the rule or 
regulation was the result of reckless conduct, occurred in an area 
subject to a complete ban on open fires, and resulted in damage to 
public or private property, the fine may not be less than $500.''.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Trail Responsibility and 
Accountability for the Improvement of Lands Act'' or ``TRAIL Act''.

SEC. 2. CONSISTENT ENFORCEMENT AUTHORITY REGARDING NATIONAL PARK SYSTEM 
              LANDS, NATIONAL FOREST LANDS, AND OTHER PUBLIC LANDS.

    (a) Lands Under Jurisdiction of Bureau of Land Management.--Section 
303(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1733(a)) is amended--
            (1) by inserting ``(1)'' after ``(a)'';
            (2) by striking the second sentence; and
            (3) by adding at the end the following new paragraphs:
    ``(2) Any person who knowingly violates or fails to comply with any 
of the provisions of this Act or any regulation issued under this Act 
shall be guilty of a Class A misdemeanor, subject to fine as provided 
in section 3571 of title 18, United States Code, or imprisonment as 
provided in section 3581 of that title, or both.
    ``(3) Any person who otherwise violates or fails to comply with any 
of the provisions of this Act or any regulation issued under this Act 
shall be guilty of a Class B misdemeanor, subject to fine or 
imprisonment, or both, as provided in such sections. A person who 
violates any such provision or regulation may also be adjudged to pay 
all costs of the proceedings.''.
    (b) National Park System Lands.--
            (1) Enforcement.--Section 3 of the Act of August 25, 1916 
        (popularly known as the National Park Service Organic Act; 16 
        U.S.C. 3) is amended--
                    (A) by striking ``That the Secretary'' the first 
                place it appears and inserting ``(a) Regulations for 
                Use and Management of National Park System; 
                Enforcement.--(1) The Secretary'';
                    (B) by striking ``Service,'' and all that follows 
                through ``proceedings.'' and inserting ``Service.''; 
                and
                    (C) by inserting after the first sentence the 
                following new paragraphs:
    ``(2) Any person who knowingly violates or fails to comply with any 
rule or regulation issued under this section shall be guilty of a Class 
A misdemeanor, subject to fine as provided in section 3571 of title 18, 
United States Code, or imprisonment as provided in section 3581 of that 
title, or both.
    ``(3) Any person who otherwise violates or fails to comply with any 
such rule or regulation shall be guilty of a Class B misdemeanor, 
subject to fine or imprisonment, or both, as provided in such sections. 
A person who violates any such rule or regulation may also be adjudged 
to pay all costs of the proceedings.''.
            (2) Conforming amendments.--Such section is further 
        amended--
                    (A) by striking ``He may also'' the first place it 
                appears and inserting the following:
    ``(b) Special Management Authorities.--The Secretary of the 
Interior may'';
                    (B) by striking ``He may also'' the second place it 
                appears and inserting ``The Secretary may''; and
                    (C) by striking ``No natural,'' and inserting the 
                following:
    ``(c) Lease and Permit Authorities.--No natural''.
    (c) National Wildlife Refuge System Lands.--Section 4(f) of the 
National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 
668dd(f)) is amended--
            (1) in paragraph (1), by striking ``fined under title 18, 
        United States Code, or imprisoned for not more than 1 year, or 
        both.'' and inserting ``guilty of a Class A misdemeanor, 
        subject to fine as provided in section 3571 of title 18, United 
        States Code, or imprisonment as provided in section 3581 of 
        that title, or both. A person who violates any such provision 
        or regulation may also be adjudged to pay all costs of the 
        proceedings.''; and
            (2) in paragraph (2), by striking ``fined under title 18, 
        United States Code, or imprisoned not more than 180 days, or 
        both.'' and inserting ``guilty of a Class B misdemeanor, 
        subject to fine as provided in section 3571 of title 18, United 
        States Code, or imprisonment as provided in section 3581 of 
        that title, or both. A person who violates any such provision 
        or regulation may also be adjudged to pay all costs of the 
        proceedings.''.
    (d) National Forest System Lands.--
            (1) Enforcement.--The eleventh undesignated paragraph under 
        the heading ``surveying the public lands'' of the Act of June 
        4, 1897 (16 U.S.C. 551), is amended--
                    (A) by striking ``The Secretary of the Interior'' 
                and inserting the following:

``SEC. 551. PROTECTION OF NATIONAL FORESTS; RULES AND REGULATIONS.

    ``(a) Regulations for Use and Protection of National Forest System; 
Enforcement.--(1) The Secretary of Agriculture'';
                    (B) by striking ``destruction; and any'' and all 
                that follows through ``or both.'' and inserting 
                ``destruction.''; and
                    (C) by inserting after ``destruction.'', as added 
                by subparagraph (B), the following new paragraphs:
    ``(2) Any person who knowingly violates or fails to comply with any 
rule or regulation made under paragraph (1) shall be guilty of a Class 
A misdemeanor, subject to fine as provided in section 3571 of title 18, 
United States Code, or imprisonment as provided in section 3581 of that 
title, or both.
    ``(3) Any person who otherwise violates or fails to comply with any 
such rule or regulation shall be guilty of a Class B misdemeanor, 
subject to fine or imprisonment, or both, as provided in such sections. 
A person who violates any such rule or regulation may also be adjudged 
to pay all costs of the proceedings.''.
            (2) Conforming amendment.--Section 551 of such Act, as 
        designated by paragraph (1), is further amended by striking 
        ``Any person'' and inserting the following:
    ``(b) Process.--Any person''.

SEC. 3. ESTABLISHMENT OF MINIMUM FINE FOR VIOLATION OF PUBLIC LAND FIRE 
              REGULATIONS DURING FIRE BAN.

    (a) Lands Under Jurisdiction of Bureau of Land Management.--Section 
303(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1733(a)), as amended by section 2(a), is further amended by adding at 
the end the following new paragraph:
    ``(4) In the case of a regulation issued under this section 
regarding the use of fire by individuals on the public lands, if the 
violation of the regulation was the result of reckless conduct, 
occurred in an area subject to a complete ban on open fires, and 
resulted in damage to public or private property, the fine may not be 
less than $500.''.
    (b) National Park System Lands.--Subsection (a) of section 3 of the 
Act of August 25, 1916 (popularly known as the National Park Service 
Organic Act; 16 U.S.C. 3), as designated and amended by section 2(b), 
is further amended by adding at the end the following new paragraph:
    ``(4) In the case of a rule or regulation issued under this 
subsection regarding the use of fire by individuals on such lands, if 
the violation of the rule or regulation was the result of reckless 
conduct, occurred in an area subject to a complete ban on open fires, 
and resulted in damage to public or private property, the fine may not 
be less than $500.''.
    (c) National Forest System Lands.--Subsection (a) of section 551 of 
the Act of June 4, 1897 (16 U.S.C. 551), as designated and amended by 
section 2(d), which before such designation and amendment was the 
eleventh undesignated paragraph under the heading ``surveying the 
public lands'' of such Act, is further amended by adding at the end the 
following new paragraph:
    ``(4) In the case of such a rule or regulation regarding the use of 
fire by individuals on such lands, if the violation of the rule or 
regulation was the result of reckless conduct, occurred in an area 
subject to a complete ban on open fires, and resulted in damage to 
public or private property, the fine may not be less than $500.''.




                                                 Union Calendar No. 338

108th CONGRESS

  2d Session

                               H. R. 3247

                  [Report No. 108-511, Parts I and II]

_______________________________________________________________________

                                 A BILL

   To provide consistent enforcement authority to the Bureau of Land 
   Management, the National Park Service, the United States Fish and 
 Wildlife Service, and the Forest Service to respond to violations of 
  regulations regarding the management, use, and protection of public 
lands under the jurisdiction of these agencies, to clarify the purposes 
     for which collected fines may be used, and for other purposes.

_______________________________________________________________________

                             June 30, 2004

    Reported from the Committee on the Judiciary with an amendment, 
   committed to the Committee of the Whole House on the State of the 
                    Union, and ordered to be printed