[Congressional Record Volume 150, Number 119 (Tuesday, September 28, 2004)]
[House]
[Pages H7672-H7674]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 TRAIL RESPONSIBILITY AND ACCOUNTABILITY FOR THE IMPROVEMENT OF LANDS 
                                  ACT

  Mr. RADANOVICH. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3247) 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, as amended.
  The Clerk read as follows:

                               H.R. 3247

       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

[[Page H7673]]

     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.'';
       (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 FORESTS; 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 preserve the forests therein 
     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. Any person who otherwise 
     violates any such regulation shall be guilty of a Class B 
     misdemeanor. A person who violates any such regulation 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) 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. 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 (b) 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:
       ``(3) 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.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Radanovich) and the gentlewoman from Guam (Ms. 
Bordallo) each will control 20 minutes.
  The Chair recognizes the gentleman from California (Mr. Radanovich).
  Mr. RADANOVICH. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, introduced by the gentleman from Colorado (Mr. 
Tancredo), H.R. 3247, the Trail Responsibility and Accountability for 
Improvement of Lands, or TRAIL Act, would 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.
  Additionally, it creates a minimum fine of $500 for anyone who 
knowingly starts a fire during a fire ban. The bill shares bipartisan 
support, and I urge its adoption.
  Mr. Speaker, I reserve the balance of my time.
  Ms. BORDALLO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, we have no objection to the consideration of H.R. 3247.
  Mr. TANCREDO. Mr. Speaker, I thank the House leadership for moving 
this legislation, which I introduced nearly one year ago. It stiffens 
the penalties for folks who willfully destroy our public lands, and 
standardizes them across most Federal lands. In addition, the bill 
includes provisions of H.R. 1038, which I also introduced, setting a 
tough, minimum fine of $500 for individuals who violate fire 
regulations on public lands when a complete ban on open fires is in 
place.
  I want to recognize and thank Chairman Pombo, Chairmen McInnis and 
Walden, Chairman Radanovich, Chairman Goodlatte, and Chairman 
Sensenbrenner for their efforts over the last two fire seasons in 
finally getting this legislation to the floor. I'd also like to thank 
another colleague from Colorado, Mr. Udall, who was instrumental in 
helping to make passage of this legislation possible today.
  Those of us privileged to represent western States here in the 
Congress know of the long running battle between Federal land agencies 
and private interests--mainly because the Federal Government is the 
landlord of so much of the land in the western part of the United 
States. Over the years, issues of contention have ranged from grazing 
rights, to forest management, and energy development. Today, the public 
lands debate is also characterized by access to public lands for 
different recreational activities--all of which have an enormous and 
positive economic impact on the communities that we represent.
  In the last 20 years, Americans have found new ways to enjoy their 
public lands and waterways beyond just hiking, horseback riding, or 
powerboats. Today, mountain bikers, ATVs, SUVs, and snowmobilers also 
use our public lands. Many of these vehicles represent the only access 
to the great outdoors to a whole segment of our population--folks like 
senior citizens and the disabled--that might not otherwise be able to 
get out and visit beautiful places like the Pike National Forest in my 
district.
  The economic impact for Colorado of these kinds of recreational 
activities contributes more than $200 million to our economy, creating 
more than 3,100 jobs. With those economic benefits however, have come 
conflicts and irresponsible people.
  No one here will say that there haven't been problems with certain 
individuals and groups abusing, misusing and in some instances, 
destroying valuable property on our Federal lands. Because of the 
actions of these thoughtless people, future generations have been 
deprived of the opportunity to view and enjoy our public lands.
  Recreation on our public lands and waterways will continue to grow--
and it should. This bill will help equip our land managers with the 
means to appropriately and evenhandedly enforce land use regulations 
against those few bad apples who spoil the whole bunch. The TRAIL Act 
accomplishes this by creating consistent fines and penalties among all 
of our land use agencies. In doing so, the bill also increases fines 
and penalties substantially for people who knowingly engage in 
inappropriate behavior.

  The second section of the bill addresses the growing problem of human 
caused wildfires on our public lands. Over the last 10 years, human 
carelessness has been responsible for the ignition of just over one 
million wildfires on our public lands. By comparison, lightning has 
caused only about one-tenth that many fires over the same time period.
  The current penalties for violating fire regulations vary from agency 
to agency. In a practical sense, however, the fines are generally 
assessed at a far lower level. In fact, under current law, fines--or 
``collaterals'' as they are called, are set as low as $25--little more 
than the cost of a seatbelt ticket in most states. I believe, as I 
think most people do, that these weak penalties lack any real deterrent 
value for would-be violators. In fact, one district ranger in Colorado 
related a story to me about a would-be visitor to the Pike National 
Forest who called to inquire if he could pay the puny fine in advance.

[[Page H7674]]

  In 2002, well after the imposition of the fire ban by both the 
Governor of Colorado and the Forest Supervisor--I was flying over 
Hayman Fire with the same district ranger. In addition to having a 
birds-eye view of the largest wildfire in State history, the two of us 
also had an excellent view of several campfires dotting the landscape 
outside its perimeter. He told me that even in the midst of a fire 
season like the one we had in Colorado--where some 800 human caused 
wildfires destroyed over a quarter of a million acres--that enforcing 
the ban was a continuing problem in large part because the fine is so 
small.
  Enhancing the penalties for those who chose to disregard the 
directives of our land managers may be one way we can reduce both the 
number of human caused wildfires and the terrible destruction they 
leave in their wake by creating a deterrent. This bill would accomplish 
that by imposing a minimum fine of $500 for individuals who violate 
fire regulations during period when declared fire bans are in effect.
  I hope the House will pass the bill, and ask for your support.
  Ms. BORDALLO. Mr. Speaker, I yield back the balance of my time.
  Mr. RADANOVICH. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Radanovich) that the House suspend the 
rules and pass the bill, H.R. 3247, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  The title of the bill was amended so as to read: ``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.''.
  A motion to reconsider was laid on the table.

                          ____________________