108TH CONGRESS REPT. 108–218 " HOUSE OF REPRESENTATIVES ! 1st Session Part 3

PUBLIC LANDS FIRE REGULATIONS ENFORCEMENT ACT OF 

2003

SEPTEMBER 15, 2003.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

Mr. SENSENBRENNER, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

[To accompany H.R. 1038] 

[Including cost estimate of the Congressional Budget Office]

The Committee on the Judiciary, to whom was referred the bill 

(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, 

having considered the same, reports favorably thereon with amendments and recommends that the bill as amended do pass.

CONTENTS 

Page 

The Amendment ...................................................................................................... 1

Purpose and Summary ............................................................................................ 2

Background and Need for the Legislation ............................................................. 3

Hearings ................................................................................................................... 3

Committee Consideration ........................................................................................ 3

Vote of the Committee ............................................................................................. 3

Committee Oversight Findings ............................................................................... 3

New Budget Authority and Tax Expenditures ...................................................... 4

Congressional Budget Office Cost Estimate .......................................................... 4

Performance Goals and Objectives ......................................................................... 5

Constitutional Authority Statement ...................................................................... 5

Section-by-Section Analysis and Discussion .......................................................... 5

Changes in Existing Law Made by the Bill, as Reported ..................................... 5

Markup Transcript .................................................................................................. 8

The amendments are as follows: 

Strike all after the enacting clause and insert the following:

2

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Public Lands Fire Regulations Enforcement Act 

of 2003’’. 

SEC. 2. INCREASE IN MAXIMUM FINES FOR VIOLATION OF PUBLIC LAND REGULATIONS AND 

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)) 

is amended—

(1) in the second sentence, by striking ‘‘no more than $1,000’’ and inserting 

‘‘as provided in title 18, United States Code,’’; and 

(2) by inserting after the second sentence the following: ‘‘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.— (1) FINES.—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’’ at the beginning of the section and 

inserting ‘‘(a) REGULATIONS FOR USE AND MANAGEMENT OF NATIONAL PARK

SYSTEM; ENFORCEMENT.—The Secretary’’; (B) by striking ‘‘$500’’ and inserting ‘‘$10,000’’; and 

(C) by inserting after the first sentence the following: ‘‘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.’’. 

(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 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—

(1) by striking ‘‘$500’’ and inserting ‘‘$10,000’’; and 

(2) by inserting after the first sentence the following: ‘‘In the case of such 

a rule or regulation 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.’’.

Amend the title so as to read:

A bill to increase maximum fine amounts authorized for the violation of regulations regarding Bureau of Land Management lands, National Park System lands, 

and National Forest System lands, to impose a minimum fine amount for a violation 

of fire regulations applicable to such lands when the violation is the result of reckless conduct, occurs in an area subject to a complete ban on open fires, and results 

in property damage, and for other purposes.

PURPOSE AND SUMMARY

H.R. 1038, as introduced, would increase the penalties to be imposed for a violation of fire regulations occurring on Bureau of 

Land Management, National Park System, or National Forest System lands when the violation results in damage to public or private 

property, as well as specifying the purpose for which collected fines 

may be used. 

This legislation as introduced revises the penalties for violations 

by visitors’ using fire on public lands if such violation results in 

damage to public or private property. Namely, the Act changes the 

3

maximum fine ($1,000 for the Bureau of Land Management and 

$500 for the National Park Service and the National Forest Service) to a minimum $1,000 fine with respect to public lands under 

the management of the Bureau of Land Management, the National 

Park Service and the U.S. Forest Service. In addition, the Act also 

makes increases the maximum prison time from 6 months to 1 year 

for violations occurring on National Park Service and National Forest Service lands. (Such acts on Bureau of Land Management lands 

already have a maximum term of 1 year) The Act also makes 

money collected from fines imposed for violations of fire rules available to cover costs of the response or the improvements necessary 

because of the action and to increase public awareness of rules and 

regulations relating to fire on public lands. 

BACKGROUND AND NEED FOR THE LEGISLATION

Human carelessness causes many fires, destroying thousands of 

acres per year. Stiffer penalties can help reduce the number of fires 

attributable to people violating fire bans. 

Current penalties for violating existing fire regulations specify a 

maximum fine of no more than $1000 and no more than 1 year imprisonment for offenders on Bureau of Land Management lands. 

On National Park Service and National Forest Service Lands, the 

maximums are $500 and 6 months. As a practical matter, however, 

the fines are rarely assessed at that level. In many cases, fines levied are well below even $100—a relatively weak deterent. 

HEARINGS

This legislation was introduced on February 27, 2003. It was referred primarily to the Committee on Resources and secondarily to 

the Committee on Agriculture. It was later referred sequentially to 

the Committee on the Judiciary. A hearing was held on this legislation on June 19, 2003 in the Committee on Resources. No hearings 

on this legislation have been held in the Committee on the Judiciary. 

COMMITTEE CONSIDERATION

This legislation was reported favorably by voice vote on July 9, 

2003, in the Committee on Resources. A report on this legislation 

was filed by the Committee on Resources on July 17, 2003 (H.Rept. 

No. 108-218, Part I and II). On September 10, 2003, the Committee 

on the Judiciary met in open session and ordered favorably reported the bill H.R. 1038, with an amendment, by a voice vote, a 

quorum being present. 

VOTE OF THE COMMITTEE

In compliance with clause 3(b) of Rule XIII of the Rules of the 

House of Representatives, the Committee notes that there were no 

recorded votes during the Committee consideration of H.R.1038. 

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of Rule XIII of the Rules of the 

House of Representatives, the Committee reports that the findings 

and recommendations of the Committee, based on oversight activiVerDate jul 14 2003 00:04 Sep 16, 2003 Jkt 089369 PO 00000 Frm 00003 Fmt 6659 Sfmt 6601 E:\HR\OC\HR218P3.XXX HR218P3
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ties under clause 2(b)(1) of Rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 

NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of Rule XIII of the Rules of the House of Representatives is inapplicable because this legislation does not provide new budgetary authority or increased tax expenditures. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

In compliance with clause 3(c)(3) of Rule XIII of the Rules of the 

House of Representatives, the Committee sets forth, with respect to 

the bill, H.R. 1038, the following estimate and comparison prepared 

by the Director of the Congressional Budget Office under section 

402 of the Congressional Budget Act of 1974:

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, September 11, 2003. 

Hon. F. JAMES SENSENBRENNER, Jr., Chairman, 

Committee on the Judiciary, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 1038, the ‘‘Public Lands 

Fire Regulations Enforcement Act of 2003.’’

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Megan Carroll, who can 

be reached at 226–2860. 

Sincerely, 

DOUGLAS HOLTZ-EAKIN.

Enclosure

cc: Honorable John Conyers, Jr. 

Ranking Member 

H.R. 1038—Public Lands Fire Regulations Enforcement Act of 

2003. 

CBO estimates that H.R. 1038 would not significantly affect the 

Federal budget. The bill would increase both revenues and direct 

spending by less than $500,000 a year. H.R. 1038 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. 

H.R. 1038 would increase fines for violating fire regulations on 

certain Federal lands. Under current law, collections of such fines 

are recorded in the budget as governmental receipts (revenues) and 

are deposited in the Crime Victims Fund and later spent. Based on 

information from the Department of the Interior and the Forest 

Service regarding the number of likely cases invovled, CBO estimates that increasing those fines would increase revenues and subsequent direct spending by less than $500,000 annually. We also 

estimate that any increased costs for prison operations, which 

would be subject to appropriation, would not be significant. 

On July 15, 2003, CBO transmitted a cost estimate for H.R. 1038 

as ordered reported by the House Committee on Resources on July 

5

9, 2003. The two versions of H.R. 1038 are similar, and our cost 

estimates are the same. 

The CBO staff contact for this estimate is Megan Carroll, who 

can be reached at 226–2860. This estimate was approved by Peter 

H. Fontaine, Deputy Assistant Director for Budget Analysis. 

PERFORMANCE GOALS AND OBJECTIVES

H.R.1038 does not authorize funding. Therefore, clause 3(c)(4) of 

Rule XIII of the Rules of the House of Representatives is inapplicable. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of Rule XIII of the Rules of the House 

of Representatives, the Committee finds the authority for this legislation in article I, section 8 of the Constitution. 

SECTION-BY-SECTION ANALYSIS AND DISCUSSION

Section 1. Short Title. 

The title of the legislation is the ‘‘Public Lands Fire Regulations 

Enforcement Act of 2003.’’

Section 2. Penalties for Violation of Public Land Fire Regulations 

Resulting in Property Damage. 

This section increases penalties for violations of regulations concerning the use of fire by visitors to Bureau of Land Management, 

National Park System, or National Forest System Lands to a fine 

of not less than $1,000 or imprisonment for not more than 1 year, 

or both. This section states that any fine awarded under this section shall be in lieu of a fine otherwise applicable under 18 U.S.C. 

3571. 

Additionally, this section specifies that any money received as a 

result of a violation of the fire rules would be available to the Secretary of the Interior or the Secretary of Agriculture to: 1) cover 

the cost to the United States of improvements or rehabilitation necessary after the action which caused the fine; 2) to reimburse the 

affected agency for cost of the response to the action; or 3) to increase public awareness regarding rules and regulations governing 

the use of fire on public lands. 

An amendment in the nature of a substitute was passed at markup to remove the provisions increasing imprisonment. The substitute allows the current provisions of Title 18 regarding imprisonment or fines to be used in prosecutions for actions on Bureau of 

Land Management lands. The substitute amendment also increases 

the possible penalties for violations of fire regulations on National 

Park System or National Forest System lands to $10,000. Additionally, it establishes a minimum fine of $500 for the reckless use of 

fire on public lands if the violation of the regulation occurred on 

land that is subject to a complete ban on open fires and the fire 

resulted in damage to public or private property. 

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, 

6

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, 

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) 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 øno more than $1,000¿ as provided in title 18, 

United States Code, or imprisoned no more than twelve months, or 

both. 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.

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. 

* * * * * * *

SECTION 3 OF THE ACT OF AUGUST 25, 1916

(Commonly known as the ‘‘National Park Service Organic Act)

CHAP. 408.—AN ACT To establish a National Park Service, and for other purposes.

SEC. 3. øThat the Secretary¿ (a) REGULATIONS FOR USE AND

MANAGEMENT OF NATIONAL PARK SYSTEM; ENFORCEMENT.—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 ø$500¿ $10,000 or imprisonment 

for not exceeding six months, or both, and be adjudged to pay all 

cost of the proceedings. 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 

7

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 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. 

ACT OF JUNE 4, 1897

CHAP. 2.—An Act Making appropriations for sundry civil expenses of the Government for 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 ø$500¿ $10,000 or imprisonment for not more than six 

months, or both. In the case of such a rule or regulation 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.

Any person charged with the violation of such rules and regulaVerDate jul 14 2003 00:04 Sep 16, 2003 Jkt 089369 PO 00000 Frm 00007 Fmt 6659 Sfmt 6601 E:\HR\OC\HR218P3.XXX HR218P3
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tions 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. 

* * * * * * *

MARKUP TRANSCRIPT

BUSINESS MEETING 

WEDNESDAY, SEPTEMBER 10, 2003

HOUSE OF REPRESENTATIVES, 

COMMITTEE ON THE JUDICIARY, 

Washington, DC. 

The Committee met, pursuant to notice, at 10:07 a.m., in Room 

2141, Rayburn House Office Building, Hon. F. James Sensenbrenner, Jr. [Chairman of the Committee] presiding. 

Chairman SENSENBRENNER. The Committee will be in order. A 

working quorum is present. 

The first item on the agenda is the adoption of H.R. 1038, the 

‘‘Public Lands Fire Regulation Enforcement Act.’’ The Chair recognizes the gentleman from North Carolina, Mr. Coble, the Chairman 

of the Subcommittee on Crime, Terrorism, and Homeland Security. 

Mr. COBLE. Thank you, Mr. Chairman. 

Mr. Chairman, this is the sequential referral to us from Resources, and let me give you a few talking points. Since 19——

Chairman SENSENBRENNER. Do you have a motion first? 

Mr. COBLE. Just a second, Mr. Chairman. 

[Pause.] 

Mr. COBLE. Mr. Chairman, the Subcommittee on Crime, Terrorism, and Homeland Security reports favorably the bill H.R. 1038 

and moves the favorable recommendation to the full Committee. 

Chairman SENSENBRENNER. Without objection, H.R. 1038 will be 

considered as read and open for amendment at any point. 

[The bill, H.R. 1038, follows:]

9

1

I

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.

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,


I1038.AAB
10

2

•HR 1038 IH

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Public Lands Fire

3 Regulations Enforcement Act of 2003’’.

4 SEC. 2. PENALTIES FOR VIOLATION OF PUBLIC LAND FIRE

5 REGULATIONS RESULTING IN PROPERTY

6 DAMAGE.

7 (a) INCREASED PENALTIES ON INTERIOR LANDS.—

8 Notwithstanding section 303(a) of the Federal Land Pol9 icy and Management Act of 1976 (43 U.S.C. 1733(a)) or

10 section 3 of the Act of August 25, 1916 (16 U.S.C. 3),

11 a violation of the rules regulating the use of fire by visitors

12 and other users of lands administered by the Bureau of

13 Land Management or National Park System lands shall

14 be punished by a fine of not less than $1,000 or imprison15 ment for not more than one year, or both, if the violation

16 results in damage to public or private property.

17 (b) INCREASED PENALTIES ON NATIONAL FOREST

18 SYSTEM LANDS.—Notwithstanding the eleventh undesig19 nated paragraph under the heading ‘‘SURVEYING THE

20 PUBLIC LANDS’’ of the Act of June 4, 1897 (16 U.S.C.

21 551), a violation of the rules regulating the use of fire

22 by visitors and other users of National Forest System

23 lands shall be punished by a fine of not less than $1,000

24 or imprisonment for not more than one year, or both, if

25 the violation results in damage to public or private prop26 erty.


I1038.AAC
11

3

•HR 1038 IH

1 (c) RELATION TO OTHER SENTENCE OF FINE AU2 THORITY.—The maximum fine amount specified in sub3 sections (a) and (b) applies in lieu of the fine otherwise

4 applicable under section 3571 of title 18, United States

5 Code.

6 (d) USE OF COLLECTED FINES.—Any moneys re7 ceived by the United States as a result of a fine imposed

8 for a violation of fire rules applicable to lands adminis9 tered by the Bureau of Land Management, National Park

10 System lands, or National Forest System lands shall be

11 available to the Secretary of the Interior or the Secretary

12 of Agriculture, as the case may be, without further appro13 priation and until expended, for the following purposes:

14 (1) To cover the cost to the United States of

15 any improvement, protection, or rehabilitation work

16 rendered necessary by the action that resulted in the

17 fine.

18 (2) To reimburse the affected agency for the

19 cost of the response to the action that resulted in

20 the fine, including investigations, damage assess21 ments, and legal actions.

22 (3) To increase public awareness of rules, regu23 lations, and other requirements regarding the use of

24 fire on public lands.

Æ


I1038.AAD
12

Chairman SENSENBRENNER. The Chair recognizes the gentleman 

from North Carolina to strike the last word. 

Mr. COBLE. I thank the Chairman. As I said, this is a sequential 

referral, and this is the first time I’ve really seen the bill, but the 

staff has run the traps with the minority and with Resources, and 

it appears there is no controversy surrounding this. 

A few talking points, Mr. Chairman. Since 1944, Smokey Bear 

has been a national symbol for fire prevention. I’m sorry. How 

about now, Bobby? 

Since 1944, Smokey Bear has been a national symbol for fire prevention. His message, ‘‘Only You Can Prevent Forest Fires,’’ is one 

of the most recognizable and remembered motto from any ad campaign. While Smokey’s done a tremendous job in promoting public 

awareness about the dangers of wildfires and their prevention, 

human carelessness continues to destroy an average of 100,000 

acres per year. 

Today we mark up H.R. 1038, the ‘‘Public Lands Regulation Enforcement Act of 2003.’’ This bill would increase the penalties to be 

imposed for fire regulations applicable to public lands under the 

authority of the Bureau of Land Management, the National Park 

Service, and the U.S. Forest Service. Stiffer penalties may be one 

way to help reduce the number of fires attributable to carelessness 

and to the national disregard of fire bans. 

The need for tougher penalties cannot be better illustrated by a 

real-life scenario that occurred just last year. A visitor to a Colorado national forest contacted a district ranger about the fines for 

violating the recently imposed fire ban. When the visitor was informed that the fine for violating the ban was around $50, he 

asked if there was a way to pay the fine in advance. 

Current penalties for violating existing fire regulations specify a maximum fine of $1,000 and 6 months’ imprisonment for offenders, 

with many fines being levied at under $100. The original bill as introduced would change the maximum $1,000 fine to a minimum 

$1,000 fine and allow imprisonment for up to 1 year with respect 

to public lands under the Bureau of Land Management, National 

Park System of the U.S. Forest Service. 

Additionally, the original bill deemed money collected from fines 

imposed for violation of fire rules available to cover cost of improvements necessary because of the action and increased public awareness of rules and regulations related to fire on public lands. Because of the issues raised by the Department of Justice and others, 

I will be offering an amendment in the nature of a substitute today 

to remove the provisions increasing the length of imprisonment and 

will allow the current provisions of Title 18 regarding imprisonment to be utilized in prosecutions. The substitute amendment also 

will increase the possible penalties for violation of fire regulations 

on National Park System lands or National Forest System lands to 

$10,000 and establishes a minimum fine of $500 for the use of fire 

on public lands if a violation of the regulation occurred on land 

that is subject to a complete ban on open fires and the fire resulted 

in damage to public or private property. 

In addition, the substitute amendment removes the provisions 

governing the use of collected fines. Although there are some discrepancies between the way the three agencies penalize offenders 

due to the fact that these penalties were adopted at different periVerDate jul 14 2003 00:04 Sep 16, 2003 Jkt 089369 PO 00000 Frm 00012 Fmt 6659 Sfmt 6601 E:\HR\OC\HR218P3.XXX HR218P3
13

ods in our Nation’s history, these increased fines will bring more 

consistency to the penalties available for setting fires on public 

lands. 

It is the hope of our Subcommittee that stiffer penalties will reduce the careless acts that destroy so much of our land and wildfire 

resources. This has been devastating, as you know, Mr. Chairman, 

and I think this is a good approach. 

I yield back. 

Chairman SENSENBRENNER. The gentleman from Virginia, Mr. 

Scott? 

Mr. SCOTT. Mr. Chairman, I yield to the gentleman from Michigan. 

Mr. CONYERS. I thank my colleague from Virginia. I’d like to 

enter my record in—my statement in the record by unanimous consent. 

Chairman SENSENBRENNER. Without objection. 

Mr. CONYERS. I thank the gentleman for yielding. 

[The prepared statement of Mr. Conyers follows:]

PREPARED STATEMENT OF THE HONORABLE JOHN CONYERS, JR., A REPRESENTATIVE

IN CONGRESS FROM THE STATE OF MICHIGAN, AND RANKING MEMBER, COMMITTEE

ON THE JUDICIARY

I support the underlying premise of the bill. It marks a notable improvement over 

the text of the bill as it was originally introduced. 

First, it omits a provision found in the introduced version of the bill that would 

have redirected funds intended for the Justice Department’s victims crime fund and 

permitted the Secretaries of the Interior and Agriculture to use those monies to 

cover the costs of firefighting, rehabilitation, and to increase public awareness regarding the use of fire on public lands. While I agree that these are worthwhile 

functions, I have to point out that the crime victims fund also serves an extremely 

important purpose. Contributions to the fund help finance victim assistance and 

compensation programs; in addition to training, technical assistance, and national 

demonstration programs showcasing promising practices in the delivery of victim 

rights and service. 

Second, I am pleased to see that the bill’s two provisions which sought to increase 

the prison term associated with violating a federal regulation regarding the use of 

fire by visitors on interior or forest lands have also been deleted. Many have suggested that those two provisions would have been excessive; and in some cases, discouraged law enforcement officials from issuing citations or tickets for routine offenses. 

Having said this, I must admit that the legislation remains far from perfect. As 

it is currently written, the bill permits inconsistent penalties for fire use violations 

to occur. Violations that occur on interior lands—those administered by the Bureau 

of Land Management—are punishable as Class A misdemeanors (which may result 

in a fine of up to $100,000 or imprisonment for up to one year); while those taking 

place on national forest lands—those managed by the National Park System and 

USDA Forest system—remain Class B misdemeanors (resulting in a fine of up to 

$10,000 or up to six months in prison). 

Moreover, the substitute creates additional inconsistencies by increasing the 

criminal fines associated with violations that take place on forest lands from a maximum fine of $5,000 up to one not to exceed $10,000. This change in law directly 

conflicts with the criminal fines outlined in the Penalties Enhancement Act of 1984, 

18 U.S.C. 3571, which cap the fine for Class B misdemeanors at $5,000. 

I would like to thank the Majority for demonstrating a willingness on their part 

to address the many concerns that those on this side of the aisle have previously 

raised. Hopefully, we can continue to work in a bipartisan manner to address the 

concerns raised today, so that we can continue to move this legislation to the House 

floor for its ultimate passage.

Mr. SCOTT. And, Mr. Chairman, I would just like to thank the 

gentleman from North Carolina, the Chairman of the Committee, 

for accommodating many of the concerns, particularly on the manVerDate jul 14 2003 00:04 Sep 16, 2003 Jkt 089369 PO 00000 Frm 00013 Fmt 6659 Sfmt 6601 E:\HR\OC\HR218P3.XXX HR218P3
14

datory minimums. Those concerns have been worked out in the 

amendment in the nature of a substitute, and I support the bill. 

Chairman SENSENBRENNER. Does the gentleman yield back? 

Mr. SCOTT. I yield back. 

Chairman SENSENBRENNER. Without objection, all opening statements will be placed in the record at this point. 

Are there amendments? The gentleman from North Carolina. 

Mr. COBLE. I have an amendment at the desk, Mr. Chairman. 

Chairman SENSENBRENNER. The clerk will report the amendment. 

The CLERK. Amendment in the nature of a substitute to H.R. 

1038 offered by Mr. Coble. Strike out all after——

Chairman SENSENBRENNER. Without objection, the amendment 

will be considered as read. 

[The amendment in the nature of a substitute follows:]

15


A1038A.eps
16


A1038B.eps
17


A1038C.eps
18


A1038D.eps
19

Chairman SENSENBRENNER. And the gentleman from North 

Carolina is recognized for 5 minutes. 

Mr. COBLE. Well, Mr. Chairman, I think I explained it in my 

opening—in my previous opening statement. 

Chairman SENSENBRENNER. Okay. The gentleman yield back? 

Mr. COBLE. Yield back. 

The question is on the adoption of the amendment in the nature 

of a substitute offered by the gentleman from North Carolina. 

Those in favor will say aye? Opposed, no? 

The ayes appear to have it. The ayes have it; the amendment in 

the nature of a substitute is agreed to. 

The question now is on reporting the bill H.R. 1038 favorably as 

amended by the amendment in the nature of a substitute. A reporting quorum is not present, and without objection, the previous 

question is ordered on the motion to report the bill favorably as 

amended. 

[Intervening business.] 

Chairman SENSENBRENNER. A reporting quorum being present, 

we will now resume the unfinished business, which is the motion 

to report favorably the bill H.R. 1038 as amended by the amendment in the nature of a substitute. Those in favor will say aye? Opposed, no? 

The ayes appear to have it. The ayes have it, and the motion to 

report favorably is agreed to. 

Without objection, the bill will be reported favorably to the 

House in the form of a single amendment in the nature of a substitute incorporating the amendment adopted here today. Without 

objection, the Chairman is authorized to move to go to conference 

pursuant to House Rules. And without objection, the staff is directed to make any technical and conforming changes. All Members 

will be given 2 days as provided by House Rules in which to submit 

additional, dissenting, supplemental, or minority views.

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