[Congressional Record (Bound Edition), Volume 151 (2005), Part 21]
[House]
[Pages 28101-28103]
[From the U.S. Government Publishing Office, www.gpo.gov]




 TRAIL RESPONSIBILITY AND ACCOUNTABILITY FOR THE IMPROVEMENT OF LANDS 
                                  ACT

  Mrs. DRAKE. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 975) 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, as amended.
  The Clerk read as follows:

                                H.R. 975

       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 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.'';
       (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,

[[Page 28102]]

     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. 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 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:
       ``(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.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Virginia (Mrs. Drake) and the gentlewoman from the Virgin Islands (Mrs. 
Christensen) each will control 20 minutes.
  The Chair recognizes the gentlewoman from Virginia.


                             General Leave

  Ms. DRAKE. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Virginia?
  There was no objection.
  Mrs. DRAKE. Mr. Speaker, I yield myself such time as I may consume.
  H.R. 975, introduced by the gentleman from Colorado (Mr. Tancredo), 
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 violation of 
regulations regarding the management, use, and protection of public 
lands under the jurisdiction of these agencies. Additionally, this 
measure includes two technical corrections to drafting errors.
  I would like to recognize and thank Chairman Goodlatte and the House 
Agriculture Committee for its cooperation on this bill. H.R. 975 shares 
bipartisan support, and I urge its adoption.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 975 will lead to more uniform enforcement of the 
criminal laws on our public lands. Original cosponsors of this 
legislation include Representatives Mark Udall and Diana DeGette of 
Colorado and Jim Matheson of Utah, all Members who understand the value 
of our public lands and take seriously our responsibility as stewards 
of those lands. They are to be commended for their efforts to bring 
this measure to the floor today.
  Mr. Speaker, we support H.R. 975.
  Mr. TANCREDO. Mr. Speaker, I thank the House leadership for 
scheduling action on this important legislation. It is designed to 
stiffen and standardize the penalties for folks who willfully damage or 
destroy our public lands. It also sets 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 and Chairman Goodlatte 
for their efforts on this bill. I'd also like to thank my colleague 
from Colorado, Mr. Udall for his assistance.
  In the last twenty years, Americans have found new ways to enjoy 
their public lands and waterways beyond just hiking, horseback riding, 
or powerboats. Today, mountain bikers, snowmobilers and others also use 
our public lands. Many of these vehicles represent the only access to 
the great outdoors available to a whole segment of our population--
folks like senior citizens and the disabled who wouldn't otherwise be 
able to enjoy 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 3,000 jobs. With those economic benefits however, have come 
conflicts and irresponsible actors. This legislation is designed to 
help ensure that those irresponsible actors pay the price for their 
actions.
  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 ten years, human 
carelessness has been responsible for the ignition of over one million 
wildfires on our public lands. By comparison, lighting 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 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.
  He told me that even in the midst of a fire season like the 2002 
season in Colorado--where some 800 human caused wildfires destroyed 
over a quarter of a million acres--that enforcing the fire ban was a 
continuing problem, in large part because the fine is so small.
  Enhancing the penalties for those who choose to disregard the 
directives of our land managers is one way we can reduce both the 
number of human caused wildfires and the terrible destruction they 
leave in their wake by .

[[Page 28103]]

creating a deterrent. This bill would accomplish that by imposing a 
minimum fine of $500 for individuals who violate fire bans.
  I hope the House will pass the bill, and ask for your support.
  Mr. UDALL of Colorado. Mr. Speaker, I rise in support of this bill, 
and congratulate my Colorado colleague, Mr. Tancredo, for his 
leadership in introducing it.
  I joined as a cosponsor of this bill because I also want to improve 
the ability of the land-managing agencies to adequately enforce the 
rules that apply to uses of the federal lands.
  That is why in the 108th Congress I introduced a related bill--the 
Responsible Off-road Vehicle Enforcement and Response Act, or 
``ROVER.'' That bill was narrow, dealing only with enforcement of the 
regulations for use of vehicles on National Forest lands and public 
lands managed by BLM. This bill goes much further. In addition to the 
forests and BLM lands, it also applies to lands managed by the National 
Park Service and the refuges managed by the Fish and Wildlife Service. 
And it addresses the enforcement of all regulations, not just those 
related to use of vehicles.
  Last year, Mr. Tancredo and I worked with Chairman Pombo, Ranking 
Member Rahall, and other Members of the Resources Committee, to develop 
the broader measure.
  That bill passed the House, but the Senate did not complete action on 
it. So, Representative Tancredo and I joined in reintroducing it as 
H.R. 975, the bill now before the House.
  I urge its approval, because legislation for better and more 
consistent enforcement of regulations is needed. However, we need to 
recognize that it is only one part of a bigger picture.
  Even more than new legislation, it seems to me, the land-managing 
agencies need more resources--more money and more people--if we want 
them to do a better job.
  That was why I introduced a related bill--H.R. 599--which the 
Resources Committee has also reported. It would allow the agencies to 
use money from fines to help pay for some of the restoration work 
caused by violations of regulations, as well as for offsetting the 
administrative costs involved in enforcement of those regulations.
  This is something that I think should be addressed in the future, and 
I will seek to work with other Members to do that. Today, however, we 
can take an important step forward by passing this bill, and I urge the 
House to approve it.
  Mrs. CHRISTENSEN. Mr. Speaker, I have no further speakers, and I 
yield back the balance of my time.
  Mrs. DRAKE. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Virginia (Mrs. Drake) that the House suspend the rules 
and pass the bill, H.R. 975, 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.
  A motion to reconsider was laid on the table.

                          ____________________