[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 720 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 720

  To provide a source of funds to carry out restoration activities on 
Federal land under the jurisdiction of the Secretary of the Interior or 
         the Secretary of Agriculture, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 26, 2009

   Mr. Udall of Colorado (for himself and Mr. Bennet) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To provide a source of funds to carry out restoration activities on 
Federal land under the jurisdiction of the Secretary of the Interior or 
         the Secretary of Agriculture, 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 AND FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Federal Land 
Restoration, Enhancement, Public Education, and Information Resources 
Act'' or the ``Federal Land REPAIR Act''.
    (b) Findings.--Congress finds that--
            (1) violations of laws (including regulations) applicable 
        to the use of Federal land under the jurisdiction of the 
        Secretary of the Interior or the Secretary of Agriculture often 
        result in damages to the Federal land that require expenditures 
        for restoration activities to mitigate the damages;
            (2) increased public information and education regarding 
        the laws (including regulations) applicable to the use of the 
        Federal land can help to reduce the frequency of unintentional 
        violations; and
            (3) it is appropriate that fines and other monetary 
        penalties paid as a result of violations of laws (including 
        regulations) applicable to the use of Federal land be used to 
        defray the costs of the restoration activities and to provide 
        public information and education.

SEC. 2. USE OF FINES FROM VIOLATIONS OF LAWS AND REGULATIONS APPLICABLE 
              TO PUBLIC LAND FOR RESTORATION AND INFORMATIONAL 
              ACTIVITIES.

    (a) Land 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:
    ``(d) Use of Collected Fines.--
            ``(1) Availability and authorized use.--Any amounts 
        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--
                    ``(A) to cover the cost to the United States of any 
                improvement, protection, or rehabilitation work on 
                public land rendered necessary by the action that led 
                to the fine or by similar actions; and
                    ``(B) to increase public awareness of regulations 
                and other requirements regarding the use of public 
                land.
            ``(2) Treatment of excess funds.--Amounts referred to in 
        paragraph (1) that the Secretary determines are in excess of 
        the amounts necessary to carry out the purposes specified in 
        that paragraph shall be transferred to the Crime Victims Fund 
        established by section 1402 of the Victims of Crime Act of 1984 
        (42 U.S.C. 10601).''.
    (b) National Park System Lands.--Section 3 of the National Park 
Service Organic Act (16 U.S.C. 3), is amended--
            (1) by striking ``That the Secretary'' the first place it 
        appears and inserting ``(a) Regulations for Use and Management 
        of National Park System; Enforcement.--The Secretary'';
            (2) by striking ``He may also'' the first place it appears 
        and inserting the following:
    ``(b) Special Management Authorities.--
            ``(1) In general.--The Secretary of the Interior may'';
            (3) by striking ``He may also'' the second place it appears 
        and inserting the following:
            ``(2) Detrimental animals and plants.--The Secretary 
        may;''.
            (4) by striking ``No natural,'' and inserting the 
        following:
    ``(c) Lease and Permit Authorities.--No natural''; and
            (5) by adding at the end the following:
    ``(d) Use of Collected Fines.--
            ``(1) Availability and authorized use.--Any amounts 
        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--
                    ``(A) to cover the cost to the United States of any 
                improvement, protection, or rehabilitation work on the 
                National Park System land rendered necessary by the 
                action that led to the fine or by similar actions; and
                    ``(B) to increase public awareness of rules, 
                regulations, and other requirements regarding the use 
                of National Park System land.
            ``(2) Treatment of excess funds.--Amounts referred to in 
        paragraph (1) that the Secretary determines are in excess of 
        the amounts necessary to carry out the purposes specified in 
        that paragraph shall be transferred to the Crime Victims Fund 
        established by section 1402 of the Victims of Crime Act of 1984 
        (42 U.S.C. 10601).''.
    (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 by adding at the end the following:
            ``(3) Use of collected fines.--Any amounts 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 
        (including a regulation issued under this Act) shall be 
        available to the Secretary, without further appropriation and 
        until expended--
                    ``(A) to cover the cost to the United States of any 
                improvement, protection, or rehabilitation work on 
                System land rendered necessary by the action that led 
                to the fine or by similar actions; and
                    ``(B) to increase public awareness of rules, 
                regulations, and other requirements regarding the use 
                of System land.
            ``(4) Treatment of excess funds.--Amounts referred to in 
        paragraph (3) that the Secretary determines are in excess of 
        the amounts necessary to carry out the purposes specified in 
        that paragraph shall be transferred to the Crime Victims Fund 
        established by section 1402 of the Victims of Crime Act of 1984 
        (42 U.S.C. 10601).''.
    (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--
            (1) by striking ``The Secretary'' and inserting the 
        following:

``SEC. 3. PROTECTION OF NATIONAL FOREST SYSTEM LAND; REGULATIONS.

    ``(a) Regulations for Use and Protection of National Forest 
System.--
            ``(1) In general.--The Secretary'';
            (2) by striking ``continued; and he may'' and inserting the 
        following: ``continued.
            ``(2) Regulations.--The Secretary may'';
            (3) by striking ``destruction; and any violation'' and 
        inserting the following: ``destruction.
    ``(b) Violations; Penalties.--
            ``(1) In general.--Any violation'';
            (4) by striking ``Any person'' and inserting the following:
            ``(2) Magistrate judge.--Any person'';
            (5) by adding at the end the following:
    ``(c) Use of Collected Fines.--
            ``(1) Availability and authorized use.--Any amounts 
        received by the United States as a result of a collateral 
        payment in lieu of appearance or a fine imposed under section 
        3571 of title 18, United States Code, for a violation of a 
        regulation issued under subsection (a) shall be available to 
        the Secretary of Agriculture, without further appropriation and 
        until expended--
                    ``(A) to cover the cost to the United States of any 
                improvement, protection, or rehabilitation work on 
                National Forest System land rendered necessary by the 
                action that led to the fine or payment; and
                    ``(B) to increase public awareness of rules, 
                regulations, and other requirements regarding the use 
                of National Forest System land.
            ``(2) Treatment of excess funds.--Amounts referred to in 
        paragraph (1) that the Secretary of Agriculture determines are 
        in excess of the amounts necessary to carry out the purposes 
        specified in that paragraph shall be transferred to the Crime 
        Victims Fund established by section 1402 of the Victims of 
        Crime Act of 1984 (42 U.S.C. 10601).''; and
            (6) by moving section 3 (as designated by paragraph (1)) so 
        as to appear at the end of that Act.
                                 <all>