[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2241 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 2241

   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 
 land under the jurisdiction of those agencies, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 25, 2007

Mr. Allard (for himself and Mr. Salazar) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 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 
 land under the jurisdiction of those agencies, 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 ``Public Land Fire Regulations 
Enforcement Act''.

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

    (a) Land 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 striking ``(a) The Secretary'' and inserting the 
        following:
    ``(a) Regulations.--
            ``(1) In general.--The Secretary'';
            (2) by striking the second sentence;
            (3) in the third sentence, by striking ``Any person 
        charged'' and inserting the following:
            ``(2) Court procedures.--Any person charged''; and
            (4) by adding at the end the following:
            ``(3) Knowing violations.--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--
                    ``(A) guilty of a Class A misdemeanor; and
                    ``(B) subject to--
                            ``(i) a fine under section 3571 of title 
                        18, United States Code;
                            ``(ii) imprisonment under section 3581 of 
                        title 18, United States Code; or
                            ``(iii) fine and imprisonment under those 
                        sections.
            ``(4) Other violations.--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--
                    ``(A) be guilty of a Class B misdemeanor;
                    ``(B) be subject to--
                            ``(i) a fine under section 3571 of title 
                        18, United States Code;
                            ``(ii) imprisonment under section 3581 of 
                        title 18, United States Code; or
                            ``(iii) fine and imprisonment under those 
                        sections; and
                    ``(C) pay all costs of the proceedings associated 
                with the violation or failure to comply.''.
    (b) National Park System Land.--
            (1) Enforcement.--Section 3 of the National Park Service 
        Organic Act (16 U.S.C. 3) is amended--
                    (A) in the first sentence--
                            (i) by striking ``That the Secretary'' and 
                        inserting the following:
    ``(a) Regulations for Use and Management; Enforcement.--
            ``(1) In general.--The Secretary''; and
                            (ii) by striking ``Service,'' and all that 
                        follows through ``proceedings.'' and inserting 
                        ``Service.'';
                    (B) in subsection (a) (as designated by 
                subparagraph (A)(i)) by adding at the end the 
                following:
            ``(2) Knowing violations.--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--
                    ``(A) guilty of a Class A misdemeanor; and
                    ``(B) subject to--
                            ``(i) a fine under section 3571 of title 
                        18, United States Code;
                            ``(ii) imprisonment under section 3581 of 
                        title 18, United States Code; or
                            ``(iii) fine and imprisonment under those 
                        sections.
            ``(3) Other violations.--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--
                    ``(A) be guilty of a Class B misdemeanor;
                    ``(B) be subject to--
                            ``(i) a fine under section 3571 of title 
                        18, United States Code;
                            ``(ii) imprisonment under section 3581 of 
                        title 18, United States Code; or
                            ``(iii) fine and imprisonment under those 
                        section; and
                    ``(C) pay all costs of the proceedings associated 
                with the violation or failure to comply.'';
                    (C) in the second sentence, by striking ``He may 
                also, upon'' and inserting the following:
    ``(b) Special Management Authorities.--
            ``(1) In general.--The Secretary of the Interior may, on'';
                    (D) in the third sentence, by striking ``He may 
                also provide'' and inserting the following:
            ``(2) Animal and plants.--The Secretary of the Interior may 
        provide''; and
                    (E) in the fourth sentence, by striking ``No 
                natural,'' and inserting the following:
    ``(c) Lease and Permit Authorities.--No natural''.
    (c) National Wildlife Refuge System Land.--Section 4(f) of the 
National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 
668dd(f)) is amended by striking paragraphs (1) and (2) and inserting 
the following:
            ``(1) Knowing violations.--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--
                    ``(A) be guilty of a Class A misdemeanor;
                    ``(B) be subject to--
                            ``(i) a fine under section 3571 of title 
                        18, United States Code;
                            ``(ii) imprisonment under section 3581 of 
                        title 18, United States Code; or
                            ``(iii) fine and imprisonment under those 
                        sections; and
                    ``(C) pay all costs of the proceedings associated 
                with the violation or failure to comply.
            ``(2) Other violations.--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--
                    ``(A) be guilty of a Class B misdemeanor;
                    ``(B) be subject to--
                            ``(i) a fine under section 3571 of title 
                        18, United States Code;
                            ``(ii) imprisonment under section 3581 of 
                        title 18, United States Code; or
                            ``(iii) fine and imprisonment under those 
                        sections; and
                    ``(C) pay all costs of the proceedings associated 
                with the violation or failure to comply.''.
    (d) National Forest System Land.--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 to read as follows:
            ``The Secretary of Agriculture shall make provisions for 
        the protection of the National Forest System (as defined in 
        section 11 of the Forest and Rangeland Renewable Resources 
        Planning Act of 1974 (16 U.S.C. 1609)) against destruction by 
        fire and depredations. The Secretary may issue such regulations 
        and establish such service as would insure the objects of the 
        National Forest System, including regulating the occupancy and 
        use of the National Forest System and protecting National 
        Forest System land from destruction. Any person who knowingly 
        violates any regulation issued under this paragraph shall be 
        guilty of a Class A misdemeanor and shall be subject to a fine 
        under section 3571 of title 18, United States Code, 
        imprisonment under section 3581 of title 18, United States 
        Code, or fine and imprisonment under those sections. Any person 
        who otherwise violates any regulation issued under this 
        paragraph shall be guilty of a Class B misdemeanor, subject to 
        a fine under section 3571 of title 18, United States Code, 
        imprisonment under section 3581 of title 18, United States 
        Code, or fine and imprisonment under those sections. A person 
        who violates any regulation issued under this paragraph may 
        also be ordered to pay all costs of the proceedings. Any person 
        charged with the violation of a regulation issued under this 
        paragraph may be tried and sentenced by any United States 
        magistrate judge specially designated for that purpose by the 
        court by which the magistrate judge was appointed, in the same 
        manner and subject to the same conditions provided for in 
        subsections (b) through (e) of section 3401 of title 18, United 
        States Code.''.

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

    (a) Land 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 amended by adding at the end 
the following:
            ``(5) Minimum fine.--In the case of a regulation issued 
        under this section regarding the use of fire by individuals on 
        public land, 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 shall be not less than $500.''.
    (b) National Park System Land.--Section 3(a) of the National Park 
Service Organic Act (16 U.S.C. 3(a)) (as designated by section 2(b)) is 
amended by adding at the end the following:
            ``(4) Minimum fine.--In the case of a rule or regulation 
        issued under this subsection regarding the use of fire by 
        individuals on the land, 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 shall be not 
        less than $500.''.
    (c) National Forest System Land.--The eleventh undesignated 
paragraph under the heading ``Surveying the public lands'' of the Act 
of June 4, 1897 (16 U.S.C. 551) (as amended by section 2(d)) is amended 
by adding at the end the following: ``In the case of a regulation 
issued under this paragraph regarding the use of fire by individuals on 
National Forest System land, 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 shall be not less than $500.''.
                                 <all>