[House Report 109-128]
[From the U.S. Government Publishing Office]
109th Congress Rept. 109-128
HOUSE OF REPRESENTATIVES
1st Session Part 1
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TRAIL RESPONSIBILITY AND ACCOUNTABILITY FOR THE IMPROVEMENT OF LANDS
ACT (OR TRAIL ACT)
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June 14, 2005.--Ordered to be printed
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Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 975]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred 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, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
Purpose of the Bill
The purpose of H.R. 975 is 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.
Background and Need for Legislation
Each of the four federal land management agencies have
different penalties for violations carried out on public lands.
For example, typically a violation on Bureau of Land Management
land would result in a tougher penalty than a violation on
Forest Service land. This legislation would provide consistent
laws for the violation of provisions under the four land
management agencies' organic acts or any regulation issued
under those acts. Because in general the public does not
distinguish between different land management agencies, the
consistency in these laws will aid in clearing up confusion
with the public while also serving as a deterrent.
More specifically, H.R. 975 would create two general
classes of fines and penalties (which already exist under the
criminal code at 18 U.S.C. 3571) for those who are guilty of
such crimes on federal lands. The two classes are as follows:
Class B Misdemeanor--Any individual found guilty of
violating regulations will be subject to a fine of not more
than $5,000 and/or imprisonment of up to six months. Any group
found guilty of violating regulations will be subject to a fine
of not more than $10,000 and/or imprisonment of up to six
months.
Class A Misdemeanor--Any individual found guilty of
``knowingly and willfully'' violating governing regulations
will be subject to a fine of not more than $100,000 and/or
imprisonment of up to one year. Any group found guilty of
``knowingly and willfully'' violating regulations will be
subject to a fine of not more than $200,000 and/or imprisonment
of up to one year. A defendant charged with a Class A
misdemeanor has the right to a jury trial.
Additionally, the bill states the Secretary of Agriculture
may issue regulations to protect National Forest System lands
from destruction, namely wildfire destruction, and that anyone
who knowingly violates such regulations shall be guilty of a
Class A misdemeanor. Any person who otherwise violates such a
regulation shall be subject to a Class B misdemeanor. In both
cases, the person violating such regulation may also be subject
to paying the cost of the proceedings.
H.R. 975 also establishes a $500 minimum fine for anyone,
who as a result of reckless conduct, starts a fire in an area
subject to a complete ban on open fires. This provision is in
response to several human-caused fires, campfires or other,
started while a fire ban was in effect and there was an extreme
risk of wildfire. In one example, citizens called the local
land management agency asking to pay the ``fine'' in advance to
start a campfire. This is meant to serve as a stronger
deterrent to starting a fire during a fire ban and therefore
prevent some wildfires.
Committee Action
H.R. 975 was introduced on February 17, 2005, by
Congressman Tom Tancredo (R-CO). The bill was referred
primarily to the Committee on Resources and additionally to the
Committee on Agriculture. Within the Resources Committee, the
bill was referred to the Subcommittees on Forests and Forest
Health, National Parks, and Fisheries and Oceans. On March 16,
2005, the Subcommittee on Forests and Forest Health held a
hearing on the bill. On May 18, 2005, the Full Resources
Committee met to consider the bill. The Subcommittees were
discharged from further consideration of the bill by unanimous
consent. No amendments were offered and the bill was ordered
favorably reported to the House of Representatives by unanimous
consent.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in tax
expenditures. According to the Congressional Budget Office,
enactment of this bill could change the amount of revenue to
the United States, but it is estimated that any such change
would be less than $500,000 annually.
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 975--Trail Responsibility and Accountability for the Improvement
of Lands Act
H.R. 975 would amend existing laws that govern the
protection of federal lands to provide land-management agencies
with consistent enforcement authorities. Specifically, 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. 975 would have no
significant net impact on the federal budget. Implementing the
penalties established by the bill could change the amount of
revenue collected from fines and penalties, but CBO expects
that any net change would be less than $500,000 annually.
H.R. 975 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.
The CBO staff contact for this estimate is Deborah Reis.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
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 italic, 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.
* * * * * * *
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SECTION 3 OF THE NATIONAL PARK SERVICE ORGANIC ACT
(Act of August 25, 1916)
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 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.
(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.
[He may also] (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.
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SECTION 4 OF THE NATIONAL WILDLIFE REFUGE SYSTEM ADMINISTRATION ACT OF
1966
Sec. 4. (a) * * *
* * * * * * *
(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.
* * * * * * *
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ACT OF JUNE 4, 1897
CHAP. 2.--AN ACT making appropriations for sundry civil expenses of the
Government of 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.
* * * * * * *
[The Secretary of the Interior 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. 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.]
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.
(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.
(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.
* * * * * * *
Committee Correspondence
U.S. House of Representatives,
Committee on Resources,
Washington, DC, June 9, 2005.
Hon. Bob Goodlatte,
Chairman, Committee on Agriculture,
Longworth House Office Building, Washington, DC.
Dear Mr. Chairman: I ask your cooperation to help schedule
early consideration by the House of Representatives of H.R.
975, the Trail Responsibility and Accountability for the
Improvement of Lands Act. H.R. 975 was referred primarily to
the Committee on Resources and additionally to your Committee.
It is very similar to legislation which was passed by the House
of Representatives in the 108th Congress. The Committee on
Resources ordered the bill favorably reported by unanimous
consent on May 18, 2005, and I have transmitted a copy of the
draft bill report to your staff for review.
In hopes of giving the Senate more time to act on the
measure, I ask that you allow the Committee on Agriculture to
be discharged from further consideration of this bill to
expedite Floor scheduling. Of course, this action would not be
considered as precedent for any future referrals of similar
measures. Moreover, if the bill is conferenced with the Senate,
I would support naming Agriculture Committee members to the
conference committee. I would also be pleased to include this
letter and your response in the report on the bill.
Mr. Chairman, I have been very pleased with the tremendous
degree of cooperation between our two Committees these past two
Congresses on the many bills which affect our national forests.
Your staff has been responsive and thoughtful, and my staff
very much appreciates their support and teamwork. I hope you
will give my request serious consideration and I look forward
to your response.
Sincerely,
Richard W. Pombo,
Chairman.
------
U.S. House of Representatives,
Committee on Agriculture,
Washington, DC, June 10, 2005.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
Longworth House Office Building, Washington, DC.
Dear Mr. Chairman: Thank you for forwarding a draft copy of
the Committee on Resources reports to accompany H.R. 599 and
H.R. 975, as ordered reported by your Committee on May 18,
2005. As you are aware, the Committee on Agriculture was
granted an additional referral of these pieces of legislation
on those provisions that fall within the jurisdiction of this
Committee.
Knowing of your interest in expediting both pieces of
legislation and in maintaining the continued consultation
between our Committees on these matters, I agree to discharge
both H.R. 599 and H.R. 975 from further consideration by the
Committee on Agriculture. I do so with the understanding that
by discharging the bill, the Committee on Agriculture does not
waive any future jurisdictional claim over these or similar
measures. In addition, in the event a conference with the
Senate is requested on this matter, the Committee on
Agriculture reserves the right to seek appointment of
conferees, if it should become necessary.
Once again, I am grateful for the cooperative spirit in
which you have worked regarding this matter and others between
our respective committees.
Sincerely,
Bob Goodlatte,
Chairman.