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 lands, National Wildlife Refuge lands, and National Forest 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 National Park System lands to pay all costs of the proceedings; and (2) a Class A or Class B misdemeanor on National Wildlife Refuge or National Forest 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 certain fire usage violations on BLM, National Park System, and National Forest lands.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 975 Introduced in House (IH)]
109th CONGRESS
1st Session
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 17, 2005
Mr. Tancredo (for himself, Mr. Udall of Colorado, Mr. Beauprez, Mr.
Otter, Mr. Hefley, and Mrs. Musgrave) 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, 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'' 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 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
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, 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
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 (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:
``(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.''.
<all>
Referred to the Subcommittee on Fisheries and Oceans.
Referred to the Subcommittee on Department Operations, Oversight, Nutrition and Forestry.
Subcommittee Hearings Held.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported by Unanimous Consent.
Subcommittee on Forests and Forest Health Discharged.
Subcommittee on National Parks Discharged.
Subcommittee on Fisheries and Oceans Discharged.
Reported by the Committee on Resources. H. Rept. 109-128, Part I.
Reported by the Committee on Resources. H. Rept. 109-128, Part I.
Committee on Agriculture discharged.
Committee on Agriculture discharged.
Placed on the Union Calendar, Calendar No. 73.
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Mrs. Drake moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H11443-11444)
DEBATE - The House proceeded with forty minutes of debate on H.R. 975.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H11443-11444)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H11443-11444)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.