[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4589 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4589

   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, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 3, 2010

 Mr. Salazar introduced the following bill; which was referred to the 
  Committee on Natural 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

_______________________________________________________________________

                                 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, 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. CONSISTENT ENFORCEMENT AUTHORITY REGARDING NATIONAL PARK 
              SYSTEM LANDS, NATIONAL FOREST SYSTEM 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 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 rule or regulation issued under this section 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.--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:

``SEC. 551. PROTECTION OF NATIONAL FOREST SYSTEM LANDS; REGULATIONS.

    ``(a) Regulations for Use and Protection of National Forest 
System.--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 will 
insure the objects of the National Forest System, namely, to regulate 
their occupancy and use and to protect National Forest System lands 
from destruction.
    ``(b) Violations; Penalties.--(1) Any person who knowingly violates 
any regulation issued under subsection (a) shall be guilty of a Class A 
misdemeanor and shall be subject to a fine as provided in section 3571 
of title 18, United States Code, or imprisonment as provided in section 
3581 of that title, or both.
    ``(2) Any person who otherwise violates any regulation issued under 
subsection (a) shall be guilty of a Class B misdemeanor and shall be 
subject to a 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) A person who violates any regulation issued under subsection 
(a) may also be adjudged to pay all costs of the proceedings.
    ``(c) Procedure.--Any person charged with the violation of a 
regulation issued under subsection (a) 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 as provided for in 
subsections (b) through (e) of section 3401 of title 18, United States 
Code.''.

SEC. 2. 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 1(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 
National Park Service Organic Act (16 U.S.C. 3), as designated and 
amended by section 1(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 (b) of section 551 of 
the Act of June 4, 1897 (16 U.S.C. 551), as designated and amended by 
section 1(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 a regulation issued under subsection 
        (a) regarding the use of fire by individuals on National Forest 
        System 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.''.
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