Trail Responsibility and Accountability for the Improvement of Lands Act or TRAIL Act - Amends the Federal Land Policy and Management Act of 1976, the National Park Service Organic Act, the National Wildlife Refuge System Administration Act of 1966, and other Federal law to provide that: (1) any person who knowingly violates or fails to comply with any of the provisions of such an Act or any regulation issued under such an Act concerning the management, use, and protection of Bureau of Land Management (BLM) lands, National Park System (NPS) lands, National Wildlife Refuge (NWR) lands, and National Forest (NF) lands shall be guilty of a Class A misdemeanor, subject to fine and/or imprisonment as provided under Federal criminal law; and (2) any person who otherwise violates or fails to comply with any of the provisions of such an Act or any regulation issued under such an Act concerning the management, use, and protection of such lands shall be guilty of a Class B misdemeanor, subject to fine and/or imprisonment as provided under Federal criminal law. Permits requiring persons adjudged guilty of a: (1) Class B misdemeanor on BLM or NPS lands to pay all costs of the proceedings; and (2) either a Class A or Class B misdemeanor on NWR or NF lands to pay all costs of the proceedings.
Amends the Federal Land Policy and Management Act of 1976, the National Park Service Organic Act, and other Federal law to set a minimum fine of $500 for fire usage violations on BLM lands, National Park System lands, and 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. 3247 Introduced in House (IH)]
108th CONGRESS
1st Session
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 2, 2003
Mr. Tancredo (for himself, Mr. McInnis, and Mr. Udall of Colorado)
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 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.
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 (TRAIL Act) of 2003''.
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 by striking the second sentence and inserting the
following new sentences: ``A violation of any such regulation shall be
a Class B misdemeanor, except that a person who knowingly and willfully
violates any such regulation 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 violates any such 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 in the first sentence--
(A) by striking ``That the Secretary'' and
inserting ``(a) Regulations for Use and Management of
National Park System; Enforcement.--The Secretary'';
and
(B) by striking ``Service,'' and all that follows
through ``proceedings.'' and inserting the following:
``Service. A violation of any such rule or regulation
shall be a Class B misdemeanor, except that a person
who knowingly and willfully violates any such rule or
regulation 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
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.--Subsection (f) of
section 4 of the National Wildlife Refuge System Administration Act of
1966 (16 U.S.C. 668dd) is amended to read as follows:
``(f) Penalties for Violations.--
``(1) Penalties.--A violation of this Act or any regulation
issued thereunder shall be a Class B misdemeanor, except that a
person who knowingly and willfully violates this Act or any
regulation issued thereunder 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 violates this
Act or any regulation issued thereunder 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 by striking ``destruction;
and any'' and all that follows through ``or both.'' and inserting the
following: ``destruction. A violation of any such rule or regulation
shall be a Class B misdemeanor, except that a person who knowingly and
willfully violates any such rule or regulation 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 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.
(a) Lands Under Jurisdiction of Bureau of Land Management.--Section
305 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1735), is amended by adding at the end the following new subsection:
``(d) Use of Collected Fines.--
``(1) Availability and authorized use.--Any moneys received
by the United States as a result of a fine imposed under
section 3571 of title 18, United States Code, for a violation
of a regulation prescribed under section 303(a) shall be
available to the Secretary, without further appropriation and
until expended, for the following purposes:
``(A) To cover the cost to the United States of any
improvement, protection, or rehabilitation work on the
public lands rendered necessary by the action which led
to the fine.
``(B) To increase public awareness of regulations
and other requirements regarding the use of the public
lands.
``(2) Return of excess funds to treasury.--Moneys referred
to in paragraph (1) that the Secretary determines are excess to
the amounts necessary to carry out the purposes specified in
such paragraph shall be transferred to miscellaneous
receipts.''.
(b) National Park System Lands.--Section 3 of the Act of August 25,
1916 (popularly known as the National Park Service Organic Act; 16
U.S.C. 3), as amended by section 2(b), is further amended by adding at
the end the following new subsection:
``(d) Use of Collected Fines.--
``(1) Availability and authorized use.--Any moneys received
by the United States as a result of a fine imposed under
section 3571 of title 18, United States Code, for a violation
of a rule or regulation prescribed under this section shall be
available to the Secretary of the Interior, without further
appropriation and until expended, for the following purposes:
``(A) To cover the cost to the United States of any
improvement, protection, or rehabilitation work on the
National Park System lands rendered necessary by the
action which led to the fine.
``(B) To increase public awareness of rules,
regulations, and other requirements regarding the use
of such lands.
``(2) Return of excess funds to treasury.--Moneys referred
to in paragraph (1) that the Secretary determines are excess to
the amounts necessary to carry out the purposes specified in
such paragraph shall be transferred to miscellaneous
receipts.''.
(c) National Wildlife Refuge System Lands.--Subsection (f) of
section 4 of the National Wildlife Refuge System Administration Act of
1966 (16 U.S.C. 668dd), as amended by section 2(c), is further amended
by adding at the end the following new paragraphs:
``(2) Use of collected fines.--Any moneys received by the
United States as a result of a fine imposed under section 3571
of title 18, United States Code, for a violation of this Act or
a regulation issued thereunder shall be available to the
Secretary, without further appropriation and until expended,
for the following purposes:
``(A) To cover the cost to the United States of any
improvement, protection, or rehabilitation work on the
System lands rendered necessary by the action which led
to the fine.
``(B) To increase public awareness of rules,
regulations, and other requirements regarding the use
of System lands.
``(3) Return of excess funds to treasury.--Moneys referred
to in paragraph (2) that the Secretary determines are excess to
the amounts necessary to carry out the purposes specified in
such paragraph shall be transferred to miscellaneous
receipts.''.
(d) National Forest System Lands.--Section 7 of the Act of June 20,
1958 (16 U.S.C. 579c), is amended--
(1) by inserting ``(a) Treatment of Certain Moneys Received
on Behalf of Forest Service.--'' before ``Any funds'';
(2) by striking ``contract or (2)'' and inserting
``contract, (2)'';
(3) by inserting after ``improvements,'' the following:
``or (3) as a result of a fine imposed under section 3571 of
title 18, United States Code, for a violation of a rule or
regulation prescribed by the Secretary of Agriculture with
respect to such lands,'';
(4) by striking ``to cover'' and all that follows through
the end of the section and inserting the following: ``for the
purposes specified in subsection (b).''; and
(5) by adding at the end the following new subsection:
``(b) Authorized Use.--
``(1) In general.--The moneys referred to in subsection (a)
shall be available to the Secretary of Agriculture for the
following purposes:
``(A) To cover the cost to the United States of any
improvement, protection, or rehabilitation work on
National Forest System 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.
``(2) Return of excess funds to treasury.--Moneys referred
to in subsection (a) that the Secretary determines are excess
to the amounts necessary to carry out the purposes specified in
paragraph (1) shall be transferred to miscellaneous
receipts.''.
<all>
Ordered to be Reported (Amended) by Unanimous Consent.
Reported (Amended) by the Committee on Resources. H. Rept. 108-511, Part I.
Reported (Amended) by the Committee on Resources. H. Rept. 108-511, Part I.
House Committee on Agriculture Granted an extension for further consideration ending not later than May 20, 2004.
Committee on Agriculture discharged.
Committee on Agriculture discharged.
Referred sequentially to the House Committee on the Judiciary for a period ending not later than June 30, 2004 for consideration of such provisions of the bill and amendment as fall within the jurisdiction of that committee pursuant to clause 1(k), rule X.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Judiciary. H. Rept. 108-511, Part II.
Reported (Amended) by the Committee on Judiciary. H. Rept. 108-511, Part II.
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Placed on the Union Calendar, Calendar No. 338.
Mr. Radanovich moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H7672-7674)
DEBATE - The House proceeded with forty minutes of debate on H.R. 3247.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H7672-7673)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H7672-7673)
Motion to reconsider laid on the table Agreed to without objection.
The title of the measure was amended. Agreed to without objection.
Received in the Senate.