[Congressional Record Volume 156, Number 17 (Thursday, February 4, 2010)]
[Senate]
[Pages S493-S494]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. UDALL, of Colorado:
  S. 2999. 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; to the Committee on Energy and Natural Resources.
  Mr. UDALL of Colorado. Mr. President, today I am introducing a bill 
to improve the management our public lands by increasing the fines and 
penalties associated with violations of law--and regulation--governing 
the use of these lands.
  Throughout the west, and especially in Colorado, increased growth and 
development has resulted in an expanded use and enjoyment of our public 
lands. These uses have, in some cases, stressed the capacity of the 
public land agencies to adequately control and manage such uses. As a 
result, many of our public lands are being damaged.
  While most users are responsible and law-abiding, some either 
knowingly or inadvertently violate these rules and damage these 
precious natural resources, which harms wildlife, increases run-off and 
sediment loading in rivers and streams, diminishes the enjoyment of 
other users, and impacts sensitive high-alpine tundra, desert soils, 
and wetlands. In addition, as we have seen over the past decade, the 
careless use of fire can catastrophically damage homes and habitat, and 
can result in the tragic loss of life.
  Often times, when these violations occur, the federal public land 
agencies do not have the authority to charge fines commensurate with 
the damage that results. For example, under the Federal Land Policy and 
Management Act of 1976, the Bureau of Land Management is limited to a 
fine of $1,000 no matter how great the damage. That figure has remained 
unchanged for a quarter of a century, and does not reflect the fact 
that in many cases the damage from violations will cost thousands more 
to repair.
  The bill I am introducing today would provide for increased fines for 
such knowing violations to $100,000, and possible imprisonment, and for 
other non-willful violations to $5,000. The bill is similar to one that 
I cosponsored in previous Congresses. The need for this legislation was 
demonstrated by incidents in several states, including some in 
Colorado.
  For example, in the summer of 2000, two recreational off-road 
vehicles ignored closure signs while four-wheel driving on Bureau of 
Land Management land high above Silverton, CO. As a result, they got 
stuck for five days on a 70 percent slope at 12,500 feet along the 
flanks of Houghton Mountain.
  At first, they abandoned their vehicles. Then, they returned with 
others to pull them out of the mud and off the mountain. The result was 
significant damage to the high alpine tundra, a delicate ecosystem that 
may take thousands of years to recover. As noted

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in a Denver Post story about this incident, ``alpine plant life has 
evolved to withstand freezing temperatures, nearly year-round frost, 
drought, high winds and intense solar radiation, but it's helpless 
against big tires.''
  Despite the extent of the damage, the violators were only fined $600 
apiece--hardly adequate to restore the area, or to deter others.
  Another example was an event in the mountains near Boulder, CO, that 
became popularly known as the ``mudfest.''
  Two Denver radio personalities announced that they were going to take 
their off-road four-wheel drive vehicles for a weekend's outing on an 
area of private property along an existing access road used by 
recreational off-road vehicles. Their on-air announcement resulted in 
hundreds of people showing up and driving their vehicles in a sensitive 
wetland area, an area that is prime habitat of the endangered boreal 
toad. As a result, seven acres of wetland were destroyed and another 18 
acres were seriously damaged. Estimates of the costs to repair the 
damage ranged from $66,000 to hundreds of thousands of dollars.
  Most of the ``mudfest'' damage occurred on private property. However, 
to get to those lands the off-road vehicle users had to cross a portion 
of the Arapaho-Roosevelt National Forest--but the Forest Service only 
assessed a $50 fine to the two radio disc jockeys for not securing a 
special use permit to cross the lands.
  Again, this fine is not commensurate to the seriousness of the 
violation or the damage that ensued, and is an ineffective deterrent 
for future similar behavior.
  These are but two examples. And these violations are not just limited 
to off-road vehicle use. Regrettably, there have been many more such 
examples not only in Colorado but also throughout the west from a range 
of public land uses. These examples underscore the nature of the 
problem that this bill would address. If we are to deter such activity 
and recover the damaged lands, we need to increase the authorities of 
the federal public land agencies.
  My bill would do just that. Specifically, it would amend the Federal 
Lands Policy and Management Act and other relevant laws governing the 
Forest Service, the National Park Service, and the Fish and Wildlife 
Service to authorize these agencies to assess greater fines on those 
who violate laws and regulations governing the use of these special 
lands. The bill would authorize the Secretary of the Interior and the 
Secretary of Agriculture to assess up to $100,000 in fines, or up to 12 
months in jail, or both, for violations of these laws and regulations. 
In addition, the bill establishes that any reckless use of fire on 
these public lands shall be punishable by fines of no less than $500.
  This bill augments another bill, S. 720, the Federal Land 
Restoration, Enhancement, Public Education, and Information Resources 
Act or the Federal Land REPAIR Act, which I have introduced this 
session with my colleague Senator Bennet. S. 720 would authorize the 
Secretary of the Interior and the Secretary of Agriculture to apply any 
funds acquired from violations to the area that was damaged or affected 
by such violations, and to increase public awareness of the need for 
proper recreational use of our federal lands.
  With the increase in fines established by this bill, along with the 
authorization to apply these funds to restoring damaged lands under the 
REPAIR Act, these public land agencies could restore address impacts on 
these public lands. Specifically, these bills would allow the public 
land agencies to repair damaged wildlife habitat, replant wetland 
vegetation, re-vegetate scarred lands, repair trails, roadways, and 
embankments to stem erosion and restore riparian ecosystems, and 
install barriers and other security measures to help deter violations 
in the first place.
  Together, these bills can go a long way to giving the federal public 
land agencies the tools they need to better protect and restore these 
sensitive and critical lands for the use and enjoyment for generations 
to come. I ask my colleagues to support this bill.
                                 ______