(1) 

39–006 

109TH CONGRESS REPT. 109–128 " ! HOUSE OF REPRESENTATIVES 1st Session Part 1 

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 

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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 ReVerDate Aug 04 2004 02:59 Jun 17, 2005 Jkt 039006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR128P1.XXX HR128P1
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sources’ 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. 

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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. øAny 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. øThat 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 øService, 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. 

øHe 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. øHe 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. 

øNo 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 

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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 øfined 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 øfined 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. 

* * * * * * * 

øThe 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 

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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 FOR- EST 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. 

* * * * * * * 

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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 

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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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