Public Lands Fire Regulations Enforcement Act of 2003

Public Lands Fire Regulations Enforcement Act of 2003 - Amends the Federal Land Policy and Management Act of 1976 to increase above $1,000 the maximum fine for violations of public lands regulations to the fine as provided under current Federal criminal law with respect to lands under the Bureau of Land Management (BLM).

Amends the National Park Service Organic Act, and other Federal law concerning the National Forest System, to increase the maximum $500 fines to $10,000 for use and management violations with respect to national park and national forest lands.

Amends such Acts to set a minimum fine of $500 for fire usage violations on BLM public lands, National Park System lands, or National Forest System lands if the violation 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.

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1038 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 1038

    To increase the penalties to be imposed for a violation of fire 
regulations applicable to the public lands, National Park System lands, 
or National Forest System lands when the violation results in damage to 
public or private property, to specify the purpose for which collected 
               fines may be used, and for other purposes.


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                    IN THE HOUSE OF REPRESENTATIVES

                           February 27, 2003

  Mr. Tancredo (for himself, Mr. McInnis, Mr. Udall of Colorado, Mr. 
Beauprez, Mrs. Musgrave, and Mr. Hefley) introduced the following bill; 
 which was referred to the Committee on Resources, and in addition to 
     the Committee on Agriculture, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
    To increase the penalties to be imposed for a violation of fire 
regulations applicable to the public lands, National Park System lands, 
or National Forest System lands when the violation results in damage to 
public or private property, to specify the purpose for which collected 
               fines may be used, and for other purposes.

    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 ``Public Lands Fire Regulations 
Enforcement Act of 2003''.

SEC. 2. PENALTIES FOR VIOLATION OF PUBLIC LAND FIRE REGULATIONS 
              RESULTING IN PROPERTY DAMAGE.

    (a) Increased Penalties on Interior Lands.--Notwithstanding section 
303(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1733(a)) or section 3 of the Act of August 25, 1916 (16 U.S.C. 3), a 
violation of the rules regulating the use of fire by visitors and other 
users of lands administered by the Bureau of Land Management or 
National Park System lands shall be punished by a fine of not less than 
$1,000 or imprisonment for not more than one year, or both, if the 
violation results in damage to public or private property.
    (b) Increased Penalties on National Forest System Lands.--
Notwithstanding the eleventh undesignated paragraph under the heading 
``SURVEYING THE PUBLIC LANDS'' of the Act of June 4, 1897 (16 U.S.C. 
551), a violation of the rules regulating the use of fire by visitors 
and other users of National Forest System lands shall be punished by a 
fine of not less than $1,000 or imprisonment for not more than one 
year, or both, if the violation results in damage to public or private 
property.
    (c) Relation to Other Sentence of Fine Authority.--The maximum fine 
amount specified in subsections (a) and (b) applies in lieu of the fine 
otherwise applicable under section 3571 of title 18, United States 
Code.
    (d) Use of Collected Fines.--Any moneys received by the United 
States as a result of a fine imposed for a violation of fire rules 
applicable to lands administered by the Bureau of Land Management, 
National Park System lands, or National Forest System lands shall be 
available to the Secretary of the Interior or the Secretary of 
Agriculture, as the case may be, without further appropriation and 
until expended, for the following purposes:
            (1) To cover the cost to the United States of any 
        improvement, protection, or rehabilitation work rendered 
        necessary by the action that resulted in the fine.
            (2) To reimburse the affected agency for the cost of the 
        response to the action that resulted in the fine, including 
        investigations, damage assessments, and legal actions.
            (3) To increase public awareness of rules, regulations, and 
        other requirements regarding the use of fire on public lands.
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