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[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)

                                _______
                                

                 June 14, 2005.--Ordered to be printed

                                _______
                                

  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.

           *       *       *       *       *       *       *

                              ----------                              

           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.
                              ----------                              

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.

           *       *       *       *       *       *       *

                              ----------                              

                          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.

                                  
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