[House Report 108-511]
[From the U.S. Government Publishing Office]



108th Congress                                            Rept. 108-511
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 2

======================================================================



 
 TRAIL RESPONSIBILITY AND ACCOUNTABILITY FOR THE IMPROVEMENT OF LANDS 
                                  ACT

                                _______
                                

 June 30, 2004.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3247]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on the Judiciary, to whom was referred 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, 
having considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     2
Purpose and Summary..............................................     3
Background and Need for the Legislation..........................     4
The Committee's Amendment........................................     4
Hearings.........................................................     4
Committee Consideration..........................................     5
Vote of the Committee............................................     5
Committee Oversight Findings.....................................     5
New Budget Authority and Tax Expenditures........................     5
Congressional Budget Office Cost Estimate........................     5
Performance Goals and Objectives.................................     6
Constitutional Authority Statement...............................     6
Section-by-Section Analysis and Discussion.......................     6
Changes in Existing Law Made by the Bill, as Reported............     8
Markup Transcript................................................    12

                             The Amendment

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

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 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.--
            (1) Enforcement.--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--
                    (A) by striking ``The Secretary of the Interior'' 
                and inserting the following:

``SEC. 551. PROTECTION OF NATIONAL FORESTS; RULES AND REGULATIONS.

    ``(a) Regulations for Use and Protection of National Forest System; 
Enforcement.--(1) The Secretary of Agriculture'';
                    (B) by striking ``destruction; and any'' and all 
                that follows through ``or both.'' and inserting 
                ``destruction.''; and
                    (C) by inserting after ``destruction.'', as added 
                by subparagraph (B), the following new paragraphs:
    ``(2) Any person who knowingly violates or fails to comply with any 
rule or regulation made under paragraph (1) 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 amendment.--Section 551 of such Act, as 
        designated by paragraph (1), is further amended by striking 
        ``Any person'' and inserting the following:
    ``(b) Process.--Any person''.

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 (a) 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 such a rule or regulation 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.''.

                          Purpose and Summary

    The purpose of H.R. 3247, the ``Trail Responsibility and 
Accountability for the Improvement of Lands Act'' or ``TRAIL 
Act'' is to provide consistent enforcement authority to the 
four major Federal land management agencies for violations of 
regulations relating to the use and protection of public lands 
under their jurisdiction, to clarify the purposes for which 
collected fines could be used, and to establish minimum fines 
for violating public land fire regulations during fire bans.

                Background and Need for the Legislation

    Currently, each of the four major Federal land management 
agencies--the Bureau of Land Management, the U.S. Forest 
Service, the National Park Service, and the U.S. Fish and 
Wildlife Service--have differing penalties for violations of 
laws protecting public lands. This legislation would provide 
consistent penalties for violations under each of their organic 
acts or any regulation issued under those acts. The consistency 
in these laws will aid in clearing up public confusion while 
also serving as a deterrent.
    H.R. 3247 provides consistent enforcement authority to each 
of the four agencies that respond to violations of regulations 
regarding the management, use, and protection of public lands 
under their jurisdiction. Additionally, the bill as reported by 
the Committee on Resources clarifies the purposes for which 
collected fines may be used and incorporates the amended text 
of another bill, H.R 1038, the ``Public Lands Fire Regulations 
Enforcement Act of 2003,'' that increases the penalties that 
may be imposed for a violation of fire regulations applicable 
to the public lands.
    The TRAIL Act would apply two general classes of fines and 
penalties, under 18 U.S.C. Sec. Sec. 3571 and 3581, for those 
who are guilty of certain crimes on Federal lands. It would 
also designate the use of all collected fines to cover the cost 
of any improvement, protection, or rehabilitation work needed 
because of the action leading to the fine. Collected fines may 
also be used to increase public awareness of regulations or to 
cover administrative or legal expenses rendered necessary by 
the actions which that led to the fine. Any excess funds would 
be returned to the U.S. Treasury.
    The TRAIL Act establishes a minimum fine of $500 for a 
violation of fire rules and regulations on lands under the 
jurisdiction of the Bureau of Land Management, National Park 
System Lands, and National Forest System 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. 
This same change was included in H.R. 1038.

                       The Committee's Amendment

    Subcommittee on Crime, Terrorism, and Homeland Security 
Chairman Coble offered the only amendment to the text as 
reported by the Committee on Resources. His amendment was to 
strike all of Section 3 and to redesignate the succeeding 
sections accordingly. This amendment restores current law that 
provides that fines that are collected for Federal crimes are 
deposited into the Crime Victims Fund. Section 3 of H.R. 3247 
would have made the collected fines available to either the 
Secretary of the Interior or the Secretary of Agriculture, 
depending on the proximity of the violation, for purposes 
relating to forest fires. The amendment was agreed to by a 
voice vote.

                                Hearings

    No hearings were held in the Committee on the Judiciary on 
H.R. 3247.

                        Committee Consideration

    H.R. 3247 was introduced by Representative Tancredo on 
October 2, 2003. The bill was referred primarily to the 
Committee on Resources and secondarily to the Committee on 
Agriculture on introduction. H.R. 3247 was sequentially 
referred to the Committee on the Judiciary on May 20, 2004 for 
a period extending to June 30, 2004. The Committee on Resources 
amended the bill and favorably reported it by unanimous consent 
on May 5, 2004. The Committee on Agriculture discharged the 
bill without further consideration.
    On June 23, 2004, the Committee on the Judiciary met in 
open session and ordered the bill reported favorably, as 
amended, by a voice vote, a quorum being present.

                         Vote of the Committee

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee notes that there 
were no recorded votes during the Committee's consideration of 
H.R. 3247.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of Rule XIII of the Rules 
of the House of Representatives, the Committee reports that the 
findings and recommendations of the Committee, based upon 
oversight activities under clause 2(b)(1) of Rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 3247, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under Section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 25, 2004.
Hon. F. James Sensenbrenner, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3247, the Trail 
Responsibility and Accountability for the Improvement of Lands 
Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis, 
who can be reached at 226-2860.
            Sincerely,
                                       Douglas Holtz-Eakin.

Enclosure

cc:
        Honorable John Conyers, Jr.
        Ranking Member
H.R. 3247--Trail Responsibility and Accountability for the Improvement 
        of Lands (TRAIL) Act of 2003.
    H.R. 3247 would amend existing laws that govern the 
protection of Federal lands to provide land-management agencies 
with consistent enforcement authorities. The bill would 
standardize penalty amounts, sentences, and other terms for 
certain misdemeanor violations established under regulation by 
the U.S. Forest Service, the Bureau of Land Management, the 
National Park Service, and the U.S. Fish and Wildlife Service.
    CBO estimates that enacting H.R. 3247 would have no 
significant net impact on the Federal budget. Implementing the 
penalties established by the bill could change the size of 
fines and penalties, but CBO expects that any net change would 
be less than $500,000 annually. Moreover, any additional 
amounts collected from the violations of these regulations 
would be offset by new direct spending from the Crime Victims 
Fund, which receives all such revenues.
    H.R. 3247 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on State, local, or tribal governments.
    On May 20, 2004, CBO transmitted a cost estimate for H.R. 
3247 as ordered reported by the House Committee on Resources on 
May 5, 2004. Under that version of the legislation, the 
affected land management agencies would be authorized to retain 
and spend any fines or penalties collected under the affected 
Federal regulations. Under the version approved by the House 
Judiciary Committee, those collections would continue to be 
deposited into the Crime Victims Fund. Neither version of the 
legislation would result in any additional Federal spending 
because these fines and penalties are already available to be 
spent without further appropriation. Therefore, the estimated 
budgetary effects of the two versions of the legislation are 
the same.
    The CBO staff contact for this estimate is Deborah Reis, 
who can be reached at 226-2860. This estimate was approved by 
Peter H. Fontaine, Deputy Assistant Director for Budget 
Analysis.

                    Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the 
House or Representatives, the goal of H.R. 3247 is to provide 
consistent enforcement authority to the four major Federal land 
management agencies.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of Rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in article I, section 8 of the Constitution.

               Section-by-Section Analysis and Discussion

    Sec. 1. Short title. The short title is the ``Trail 
Responsibility and Accountability for the Improvement of Lands 
Act'' or ``TRAIL Act.''
    Sec. 2. Consistent Enforcement Authority Regarding National 
Park Systems Lands, National Park Service Lands, and other 
public lands. This section amends the organic statutes of the 
four major land management agencies to create both Class A and 
Class B misdemeanors as defined in Title 18 of the U.S. Code 
for violations of regulations on lands they administer.
    (a) Lands Under the Jurisdiction of Bureau of Land 
Management--Subsection 2(a) amends the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. Sec. 1773(a)) by providing 
that 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. 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--Subsection 2(b) amends the 
National Park Service Organic Act (16 U.S.C. Sec. 3) by 
providing that 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. 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.
    (c) National Wildlife Refuge System Lands--Subsection 2(c) 
amends the ``National Wildlife Refuge System Administration Act 
of 1966'' (16 U.S.C. Sec. 668dd(f)) by providing that any 
person who knowingly violates or fails to comply with any of 
the provisions of the 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. A person who otherwise 
violates or fails to comply with any of the provisions of the 
Act shall be 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--Subsection 2(d) amends 
the Act of June 4, 1897 (16 U.S.C. Sec. 551) by providing that 
any person who knowingly violates or fails to comply with any 
rule or regulation made under the 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. 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.
    Sec. 3. Consistent Authorities Regarding Use of Collected 
Fines. This section would have amended the applicable statutes 
relating to the use of fines that are collected for violations 
at each of the four primary land management agencies to provide 
consistency for the availability and use of collected fines. 
This section would allow fines collected for violations on 
lands under the jurisdiction of the Bureau of Land Management, 
National Park System Lands, National Wildlife Refuge System 
Lands, and National Forest System Lands to be used:
    (a) to cover the cost to the United States of any 
improvement, protection, or rehabilitation work on lands 
rendered necessary by the action which led to the fine, 
forfeiture, judgment, compromise, or settlement;
    (b) to increase public awareness of rules, regulations, and 
other requirements regarding the use of such lands; and
    (c) to cover administrative, legal, and related expenses 
rendered necessary by the action that led to the fine.
    This section also provided for the return of excess funds 
to the Treasury, if the funds were in excess of the amounts 
necessary to carry out the above purposes.
    An amendment striking this section was offered and approved 
by the Committee on the Judiciary. The effect of the amendment 
is to retain current law under which these fines go to the 
Crime Victims Fund.
    Sec. 4. Establishment of Minimum Fine for Violation of 
Public Land Fire Regulations During Fire Ban. This section 
establishes a minimum fine for fire violations on certain 
public lands by amending the applicable statutes of the 
individual land management agencies. In the case of a 
regulation 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. Section 4 is the 
same as the amended text of H.R. 1038.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

   SECTION 303 OF THE FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

                         ENFORCEMENT AUTHORITY

    Sec. 303. (a)(1) The Secretary shall issue regulations 
necessary to implement the provisions of this Act with respect 
to the management, use, and protection of the public lands, 
including the property located thereon. [Any person who 
knowingly and willfully violates any such regulation which is 
lawfully issued pursuant to this Act shall be fined no more 
than $1,000 or imprisoned no more than twelve months, or both.] 
Any person charged with a violation of such regulation may be 
tried and sentenced by any United States magistrate designated 
for that purpose by the court by which he was appointed, in the 
same manner and subject to the same conditions and limitations 
as provided for in section 3401 of title 18 of the United 
States Code.
    (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.
    (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.
                              ----------                              


                SECTION 3 OF THE ACT OF AUGUST 25, 1916

     (Popularly known as the ``National Park Service Organic Act'')

CHAP. 408.--AN ACT To establish a National Park Service, and for other 
                               purposes.

    Sec. 3. [That the Secretary] (a) Regulations for Use and 
Management of National Park System; Enforcement.--(1) The 
Secretary of the Interior shall make and publish such rules and 
regulations as he may deem necessary or proper for the use and 
management of the parks, monuments, and reservations under the 
jurisdiction of the National Park [Service, and any violation 
of any of the rules and regulations authorized by this Act 
shall be punished by a fine of not more than $500 or 
imprisonment for not exceeding six months, or both, and be 
adjudged to pay all cost of the proceedings.] Service.
    (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. [He may also]
    (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.
    (b) Special Management Authorities.--The Secretary of the 
Interior may, upon terms and conditions to be fixed by him, 
sell or dispose of timber in those cases where in his judgment 
the cutting of such timber is required in order to control the 
attacks of insects or diseases or otherwise conserve the 
scenery or the natural or historic objects in any such park, 
monument, or reservation. [He may also] The Secretary may 
provide in his discretion for the destruction of such animals 
and of such plant life as may be detrimental to the use of any 
of said parks, monuments, or reservations. [No natural,]
    (c) Lease and Permit Authorities.--No natural curiosities, 
wonders, or objects of interest shall be leased, rented, or 
granted to anyone on such terms as to interfere with free 
access to them by the public: Provided, however, That the 
Secretary of the Interior may, under such rules and regulations 
and on such terms as he may prescribe, grant the privilege to 
graze live stock within any national park, monument, or 
reservation herein referred to when in his judgment such use is 
not detrimental to the primary purpose for which such park, 
monument, or reservation was created, except that this 
provision shall not apply to the Yellowstone National Park: And 
provided further, That the Secretary of the Interior may grant 
said privileges, leases, and permits and enter into contracts 
relating to the same with responsible persons, firms, or 
corporations without advertising and without securing 
competitive bids: And provided further, That no contract, 
lease, permit, or privilege granted shall be assigned or 
transferred by such grantees, permittees, or licensees, without 
the approval of the Secretary of the Interior first obtained in 
writing.

           *       *       *       *       *       *       *

                              ----------                              


SECTION 4 OF THE NATIONAL WILDLIFE REFUGE SYSTEM ADMINISTRATION ACT OF 
                                  1966

    Sec. 4. (a)(1) * * *

           *       *       *       *       *       *       *

    (f) Penalties.--
            (1) Knowing violations.--Any person who knowingly 
        violates or fails to comply with any of the provisions 
        of this Act or any regulations issued thereunder shall 
        be [fined under title 18, United States Code, or 
        imprisoned for not more than 1 year, or both.] 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) Other violations.--Any person who otherwise 
        violates or fails to comply with any of the provisions 
        of this Act (including a regulation issued under this 
        Act) shall be [fined under title 18, United States 
        Code, or imprisoned not more than 180 days, or both.] 
        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.

           *       *       *       *       *       *       *

                              ----------                              


                          ACT OF JUNE 4, 1897

CHAP. 2.--An Act Making appropriations for sundry civil expenses of the 
Government for the fiscal year ending June thirtieth, eighteen hundred 
and ninety-eight, and for other purposes.

           *       *       *       *       *       *       *


UNDER THE DEPARTMENT OF THE INTERIOR.

           *       *       *       *       *       *       *


SURVEYING THE PUBLIC LANDS.

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    [The Secretary of the Interior]

SEC. 551. PROTECTION OF NATIONAL FORESTS; RULES AND REGULATIONS.

    (a) Regulations for Use and Protection of National Forest 
System; Enforcement.--(1) The Secretary of Agriculture shall 
make provisions for the protection against destruction by fire 
and depredations upon the public forests and forest 
reservations which may have been set aside or which may be 
hereafter set aside under the said Act of March third, eighteen 
hundred and ninety-one, and which may be continued; and he may 
make such rules and regulations and establish such service as 
will insure the objects of such reservations, namely, to 
regulate their occupancy and use and to preserve the forests 
thereon from [destruction; and any violation of the provisions 
of this Act or such rules and regulations shall be punished by 
a fine of not more than $500 or imprisonment for not more than 
six months, or both.] destruction.
    (2) Any person who knowingly violates or fails to comply 
with any rule or regulation made under paragraph (1) 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.
    (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.
    [Any person] (b) Process.--Any person charged with the 
violation of such rules and regulations may be tried and 
sentenced by any United States commissioner specially 
designated for that purpose by the court by which he was 
appointed, in the same manner and subject to the same 
conditions as provided for in title 18, United States Code, 
section 3401, subsections (b), (c), (d), and (e), as amended.

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                           Markup Transcript



                            BUSINESS MEETING

                        WEDNESDAY, JUNE 23, 2004

                  House of Representatives,
                                Committee on the Judiciary,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10:09 a.m., in 
Room 2141, Rayburn House Office Building, Hon. F. James 
Sensenbrenner, Jr. [Chairman of the Committee] presiding.
    Chairman Sensenbrenner. The Committee will be in order. A 
working quorum is present. Pursuant to notice, I now call up 
the bill H.R. 3247, the ``Trail Responsibility and 
Accountability for the Improvement Lands Act of 2003'' for 
purposes of markup and move its favorable recommendation to the 
House.
    Without objection, the bill will be considered as read and 
open for amendment at any point, and the text as reported by 
the Committee on Resources, which the Members have before them, 
will be considered as read, considered as the original text for 
purposes of amendment and open for amendment at any point. The 
Chair recognizes himself for 5 minutes to explain the bill.
    [The bill, H.R. 3247, follows:]
    
    
    Chairman Sensenbrenner. This is a bill that we have on a 
sequential referral that expires on June 30. Basically, it is a 
good bill; however, there is a criminal penalties provision 
that has the proceeds of criminal fines being deposited in a 
place other than the Victims Compensation Fund.
    Sections 2, 3, and 4 are within the jurisdiction of the 
Judiciary Committee. I am going to ask unanimous consent that 
my full statement be included in the record at this point and 
yield back the balance of my time.
    [The prepared statement of Chairman Sensenbrenner follows:]
  Prepared Statement of the Honorable F. James Sensenbrenner, Jr., a 
 Representative in Congress From the State of Wisconsin, and Chairman, 
                       Committee on the Judiciary
    Today we mark up H.R. 3247, the ``Trail Responsibility and 
Accountability for the Improvement of Lands Act'' or ``TRAIL'' Act. 
This bill was primarily referred to the Committee on Resources and 
additionally to the Committee on Agriculture. The Resources Committee 
held a Subcommittee hearing and favorably reported the bill, as 
amended, by unanimous consent. The Committee on Agriculture discharged 
the bill without further action.
    Several substantive provisions of this bill pertain to criminal 
proceedings: Section 2, which relates to making criminal penalties 
consistent; Section 3, which provides for the use of criminal fines 
that are collected; and Section 4, which establishes a minimum fine for 
certain fire violations. These provisions are within the Judiciary 
Committee's Rule X criminal law jurisdiction, and as such, we received 
a sequential referral until June 30th.
    This important piece of legislation provides consistent enforcement 
authority to the four major federal land management agencies. This 
authority includes enforcement of regulations regarding the management, 
use, or protection of the public lands under their jurisdiction. These 
agencies--the Bureau of Land Management, the National Park Service, the 
United States Fish and Wildlife Service, and the U.S. Forest Service--
each are charged with the protection of various public lands, but 
similar violations often result in different penalties, depending on 
which entity has jurisdiction of the land where the violation has 
occurred. This legislation, while providing consistency in the law, 
will clear up confusion on the part of the public and serve to deter 
violators. Instead of having different penalties in the respective 
statutes that relate to these agencies, the TRAIL Act creates two 
general classes of fines and penalties that already exist under the 
criminal code.
    This bill makes any knowing violation or failure to comply with any 
of the provisions of the organic statutes of these land management 
agencies a Class A misdemeanor, subject to the fines and/or 
imprisonment as provided in Sections 3571 and 3581 of Title 18.
    Any other violation would be a Class B misdemeanor, under the same 
code provisions. This bill also clarifies authorities regarding the use 
of collected fines.
    Finally, the TRAIL Act establishes a minimum fine of $500 for the 
violation of a public land fire ban if the violation is the result of 
reckless conduct, occurs in an area that was subject to a total ban on 
open fires, and results in damage to public or private property.
    The combined effect of this common sense legislation is that the 
land managers and the Department of Justice will have greater 
flexibility to deal with criminal violations of land management 
regulations. I urge my colleagues to support the TRAIL Act.

    Chairman Sensenbrenner. I recognize the gentleman from 
Virginia, Mr. Scott.
    Mr. Scott. Thank you, Mr. Chairman, for scheduling this 
markup of H.R. 3247.
    The purpose of the bill is to provide consistent 
enforcement authority among various agencies with jurisdiction 
for public land management, including Bureau of Land 
Management, National Park Service, U.S. Fish and Wildlife 
Service, Forest Service. It also enhances their ability to 
address violations of their regulations regarding the 
management, use and protection of public lands by increasing 
the penalties and clarifying the purposes for which the 
collected fines may be used.
    The bill is primarily a Resource Committee bill, but since 
it now includes the text of H.R. 1038, the ``Public Lands Fire 
Regulations Enforcement Act of 2003,'' which we passed last 
September and some language affecting the Crime Victims Fund, I 
thank you for asserting the jurisdiction of this Committee.
    Specifically, that part of the bill makes criminal 
penalties for violating primarily fire regulations concerning 
public lands consistent among the various entities with 
jurisdiction over such lands and establishes a minimum $500 
fine for violations and provides that all criminal fines for 
these violations will go to rehabilitating these lands.
    This is a bipartisan bill, not controversial. With a small 
bit of tweaking that I understand we might do during the 
markup, I think the bill reflects our priorities with respect 
to the Crime Victims Fund. I believe we should pass the bill 
and urge my colleagues to support it after those amendments, 
and I yield back.
    Chairman Sensenbrenner. Without objection, all Members' 
opening statements will be placed in the record at this point.
    Are there amendments?
    The gentleman from North Carolina.
    Mr. Coble. Mr. Chairman, I have an amendment at the desk.
    Chairman Sensenbrenner. The Clerk will report the 
amendment.
    The Clerk. Amendment to H.R. 3247, as reported from the 
Committee on Resources----
    Mr. Coble. Mr. Chairman, I would move that the amendment be 
considered as read.
    Chairman Sensenbrenner. Without objection, so ordered.
    [The amendment offered by Mr. Coble follows:]
    
    
    Chairman Sensenbrenner. The gentleman is recognized for 5 
minutes.
    Mr. Coble. Well you and the gentleman from Virginia have 
pretty well touched on the purport of this bill, Mr. Chairman. 
Most of the fines collected through--strike that. Most of the 
monies collected through criminal fines go to the Office for 
Victims of Crime at the Department of Justice now. The bill 
before us in its present form, however, diverts those monies to 
the four major land management agencies which the gentleman 
from Virginia previously mentioned to cover the cost to 
rehabilitate, protect or improve Federal lands.
    My amendment simply strikes section 3 that provides that 
and reverts to what the law presently is, that is, for the 
fines to go to the Office for Victims of Crime at DOJ. I am 
told, Mr. Chairman and colleagues, that our friends on 
Resources have no heartburn with my amendment and I urge its 
passage.
    Chairman Sensenbrenner. Does the gentleman yield back?
    Mr. Coble. I yield back.
    Chairman Sensenbrenner. The question is on the amendment 
offered by the gentleman from North Carolina, Mr. Coble. Those 
in favor will say aye.
    Opposed, no.
    The ayes appear to have it. The ayes have it, and the 
amendment is agreed to.
    Are there further amendments?
    There are no further amendments.
    Without objection, the previous question is ordered on the 
motion to report the bill favorably as amended since a 
reporting quorum is not present.
    [Intervening business.]
    Chairman Sensenbrenner. A reporting quorum is now present. 
The question is on reporting the bill--without objection the 
version of the bill H.R. 3247, reported by the Committee on 
Resources and laid down as the base text as adopted, as 
amended.
    The question occurs on the motion to report the bill H.R. 
3247 favorably as amended.
    All in favor will say aye.
    Opposed, no.
    The ayes appear to have it. The ayes have it. The motion to 
report favorably is agreed to.
    Without objection, the bill will be reported favorably to 
the House in the form of a single amendment in the nature of a 
substitute incorporating the amendments adopted here today.
    Without objection, the Chairman is authorized to move to go 
to conference pursuant to House rules.
    Without objection, the staff is directed to make any 
technical and conforming changes, and all Members will be given 
2 days as provided by the House rules in which to submit 
additional, dissenting, supplemental or minority views.

                                 
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