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[House Report 108-511]
[From the U.S. Government Publishing Office]

108th Congress                                            Rept. 108-511
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1

======================================================================
 
 TRAIL RESPONSIBILITY AND ACCOUNTABILITY FOR THE IMPROVEMENT OF LANDS 
                                  ACT

                                _______
                                

                  May 20, 2004.--Ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 3247]

  The Committee on Resources, to whom was referred the bill 
(H.R. 3247) to provide consistent enforcement authority to the 
Bureau of Land Management, the National Park Service, the 
United States Fish and Wildlife Service, and the Forest Service 
to respond to violations of regulations regarding the 
management, use, and protection of public lands under the 
jurisdiction of these agencies, to clarify the purposes for 
which collected fines may be used, and for other purposes, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill, as amended, do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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 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 
such rule or regulation 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.--
          (1) Enforcement.--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--
                  (A) by striking ``The Secretary of the Interior'' and 
                inserting the following:

``SEC. 551. PROTECTION OF NATIONAL FORESTS; RULES AND REGULATIONS.

  ``(a) Regulations for Use and Protection of National Forest System; 
Enforcement.--(1) The Secretary of Agriculture'';
                  (B) by striking ``destruction; and any'' and all that 
                follows through ``or both.'' and inserting 
                ``destruction.''; and
                  (C) by inserting after ``destruction.'', as added by 
                subparagraph (B), the following new paragraphs:
  ``(2) Any person who knowingly violates or fails to comply with any 
rule or regulation made under paragraph (1) 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 
such rule or regulation 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 amendment.--Section 551 of such Act, as 
        designated by paragraph (1), is further amended by striking 
        ``Any person'' and inserting the following:
  ``(b) Process.--Any person''.

SEC. 3. CONSISTENT AUTHORITIES REGARDING USE OF COLLECTED FINES.

  (a) Lands Under Jurisdiction of Bureau of Land Management.--Section 
305 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1735), is amended by adding at the end the following new subsection:
  ``(d) Use of Collected Fines.--
          ``(1) Availability and authorized use.--Any moneys received 
        by the United States as a result of a fine imposed under 
        section 3571 of title 18, United States Code, for a violation 
        of a regulation prescribed under section 303(a) shall be 
        available to the Secretary, without further appropriation and 
        until expended, for the following purposes:
                  ``(A) To cover the cost to the United States of any 
                improvement, protection, or rehabilitation work on the 
                public lands rendered necessary by the action which led 
                to the fine.
                  ``(B) To increase public awareness of regulations and 
                other requirements regarding the use of the public 
                lands.
                  ``(C) To cover administrative, legal, and related 
                expenses rendered necessary by the action which led to 
                the fine.
          ``(2) Return of excess funds to treasury.--Moneys referred to 
        in paragraph (1) that the Secretary determines are excess to 
        the amounts necessary to carry out the purposes specified in 
        such paragraph shall be transferred to miscellaneous 
        receipts.''.
  (b) National Park System Lands.--Section 3 of the Act of August 25, 
1916 (popularly known as the National Park Service Organic Act; 16 
U.S.C. 3), as amended by section 2(b), is further amended by adding at 
the end the following new subsection:
  ``(d) Use of Collected Fines.--
          ``(1) Availability and authorized use.--Any moneys received 
        by the United States as a result of a fine imposed under 
        section 3571 of title 18, United States Code, for a violation 
        of a rule or regulation prescribed under this section shall be 
        available to the Secretary of the Interior, without further 
        appropriation and until expended, for the following purposes:
                  ``(A) To cover the cost to the United States of any 
                improvement, protection, or rehabilitation work on the 
                National Park System lands rendered necessary by the 
                action which led to the fine.
                  ``(B) To increase public awareness of rules, 
                regulations, and other requirements regarding the use 
                of such lands.
                  ``(C) To cover administrative, legal, and related 
                expenses rendered necessary by the action which led to 
                the fine.
          ``(2) Return of excess funds to treasury.--Moneys referred to 
        in paragraph (1) that the Secretary determines are excess to 
        the amounts necessary to carry out the purposes specified in 
        such paragraph shall be transferred to miscellaneous 
        receipts.''.
  (c) National Wildlife Refuge System Lands.--Section 4(f) of the 
National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 
668dd(f)), as amended by section 2(c), is further amended by adding at 
the end the following new paragraphs:
          ``(3) Use of collected fines.--Any moneys received by the 
        United States as a result of a fine imposed under section 3571 
        of title 18, United States Code, for a violation of this Act or 
        a regulation issued thereunder shall be available to the 
        Secretary, without further appropriation and until expended, 
        for the following purposes:
                  ``(A) To cover the cost to the United States of any 
                improvement, protection, or rehabilitation work on the 
                System lands rendered necessary by the action which led 
                to the fine.
                  ``(B) To increase public awareness of rules, 
                regulations, and other requirements regarding the use 
                of System lands.
                  ``(C) To cover administrative, legal, and related 
                expenses rendered necessary by the action which led to 
                the fine.
          ``(4) Return of excess funds to treasury.--Moneys referred to 
        in paragraph (3) that the Secretary determines are excess to 
        the amounts necessary to carry out the purposes specified in 
        such paragraph shall be transferred to miscellaneous 
        receipts.''.
  (d) National Forest System Lands.--Section 7 of the Act of June 20, 
1958 (16 U.S.C. 579c), is amended--
          (1) by inserting ``(a) Treatment of Certain Moneys Received 
        on Behalf of Forest Service.--'' before ``Any moneys'';
          (2) by striking ``contract or (2)'' and inserting ``contract, 
        (2)'';
          (3) by inserting after ``improvements,'' the following: ``or 
        (3) as a result of a fine imposed under section 3571 of title 
        18, United States Code, for a violation of a rule or regulation 
        prescribed by the Secretary of Agriculture with respect to such 
        lands,'';
          (4) by striking ``to cover'' and all that follows through the 
        end of the section and inserting the following: ``for the 
        purposes specified in subsection (b).''; and
          (5) by adding at the end the following new subsection:
  ``(b) Authorized Use.--
          ``(1) In general.--The moneys referred to in subsection (a) 
        shall be available to the Secretary of Agriculture for the 
        following purposes:
                  ``(A) To cover the cost to the United States of any 
                improvement, protection, or rehabilitation work on 
                National Forest System lands rendered necessary by the 
                action which led to the fine, forfeiture, judgment, 
                compromise, or settlement.
                  ``(B) To increase public awareness of rules, 
                regulations, and other requirements regarding the use 
                of such lands.
                  ``(C) To cover administrative, legal, and related 
                expenses rendered necessary by the action which led to 
                the fine.
          ``(2) Return of excess funds to treasury.--Moneys referred to 
        in subsection (a) that the Secretary determines are excess to 
        the amounts necessary to carry out the purposes specified in 
        paragraph (1) shall be transferred to miscellaneous 
        receipts.''.

SEC. 4. 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 (a) 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 land'' of such Act, is further amended by adding at the end the 
following new paragraph:
  ``(4) 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.''.

                          Purpose of the Bill

    The purpose of H.R. 3247 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, to 
clarify the purposes for which collected fines may be used, and 
for other purposes.

                  Background and Need for Legislation

    Each of the four major federal land management agencies the 
Bureau of Land Management (BLM), the U.S. Forest Service, the 
National Park Service, and the U.S. Fish and Wildlife Service--
have differing penalties for violations of laws protecting 
public lands. For example, typically a violator on BLM land 
faces tougher penalties than a violator on Forest Service land. 
Furthermore, in general the public does not distinguish between 
different federal public lands--there is rarely a marker 
delineating BLM and Forest Service land on vast tracts of the 
western United States. This legislation would provide 
consistent penalties for violations under the four land 
management agencies organic acts or any regulation issued under 
those acts. The consistency in these laws will aid in clearing 
up confusion with the public while also serving as a deterrent.
    More specifically, the Trail Responsibility and 
Accountability for the Improvement of Lands (TRAIL) Act would 
create two general classes of fines and penalties, which 
already exist under criminal code 18 U.S.C. 3571, for those who 
are guilty of certain crimes on federal lands. H.R. 3247 would 
also designate the use of all collected fines to cover the cost 
of any improvement, protection, or rehabilitation work needed 
because of the action leading to the fine. Collected fines may 
also be used to increase public awareness of regulations and 
other requirements regarding the use of public lands. Any 
excess funds would be returned to the U.S. Treasury.

                            Committee Action

    H.R. 3247 was introduced on October 2, 2003, 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 Committee on Resources, the bill was 
referred to the Subcommittees on Forests and Forest Health; 
Parks, Recreation and Public Lands; and Fisheries Conservation, 
Wildlife and Oceans. On October 21, 2003, the Subcommittee on 
Forests and Forest Health held a hearing on the bill. On May 5, 
2004, the Full Resources Committee met to consider the bill. 
The Subcommittees were all discharged from further 
consideration of the bill by unanimous consent. Mr. Tancredo 
offered an amendment in the nature of a substitute making 
substantive and clarifying changes as requested by the 
Administration and the minority. The amendment also included 
the text of H.R. 1038, the Public Lands Fire Regulations 
Enforcement Act of 2003, as ordered reported by the Committee 
on the Judiciary. The amendment was adopted by unanimous 
consent, and the bill as amended was then 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. The Committee believes that 
enactment of the bill will have little effect on the federal 
budget. Under sections 1 through 3 of the bill, fines collected 
under the affected laws will be retained by the appropriate 
Secretary and spent without further appropriation to cover the 
cost of any improvement, protection, or rehabilitation work 
needed because of the action leading to the fine. Collected 
fines may also be used to increase public awareness of 
regulations and other requirements regarding the use of public 
lands. Any excess funds would be returned to the U.S. Treasury. 
The Committee expects that the revenues involved will be 
negligible and accordingly, so will be the direct spending. 
Under section 4 of the bill, fines for violations of public 
land fire regulations would be increased. Under current law, 
these collections are considered government receipts under the 
federal budget and are deposited into the Victims Crime Fund 
and later spent. Like the fines for non-fire regulations and 
law, the amounts involved will be minimal (less than $500,000/
year) and thus so will be the direct spending. This conclusion 
is supported by the Congressional Budget Office cost estimate 
for H.R. 1038, the basis of section 4 of the bill.
    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, credit 
authority, or an increase or decrease in tax expenditures. As 
noted above, enactment of this bill will result in increased 
revenues in the form of fines, but this amount is expected to 
be small. These increased revenues will be largely offset by 
direct spending of the monies by the relevant Secretary for the 
enumerated uses or from expenditures from the Victims Crime 
Fund for the fire penalties. Again, the amount of direct 
spending is also expected to be minimal.
    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 requested but not received a cost 
estimate for this bill from the Director of the Congressional 
Budget Office in time to include it in this bill report.

                    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):

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

           *       *       *       *       *       *       *

TITLE III--ADMINISTRATION

           *       *       *       *       *       *       *

                         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.

           *       *       *       *       *       *       *

                        DEPOSITS AND FOREITURES

  Sec. 305. (a) * * *

           *       *       *       *       *       *       *

  (d) Use of Collected Fines.--
          (1) Availability and authorized use.--Any moneys 
        received by the United States as a result of a fine 
        imposed under section 3571 of title 18, United States 
        Code, for a violation of a regulation prescribed under 
        section 303(a) shall be available to the Secretary, 
        without further appropriation and until expended, for 
        the following purposes:
                  (A) To cover the cost to the United States of 
                any improvement, protection, or rehabilitation 
                work on the public lands rendered necessary by 
                the action which led to the fine.
                  (B) To increase public awareness of 
                regulations and other requirements regarding 
                the use of the public lands.
                  (C) To cover administrative, legal, and 
                related expenses rendered necessary by the 
                action which led to the fine.
          (2) Return of excess funds to treasury.--Moneys 
        referred to in paragraph (1) that the Secretary 
        determines are excess to the amounts necessary to carry 
        out the purposes specified in such paragraph shall be 
        transferred to miscellaneous receipts.

           *       *       *       *       *       *       *

                SECTION 3 OF THE ACT OF AUGUST 25, 1916

     (Popularly known as the ``National Park Service Organic Act'')

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

  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 such rule or regulation 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. [He may also]
  (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.
  (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.
  (d) Use of Collected Fines.--
          (1) Availability and authorized use.--Any moneys 
        received by the United States as a result of a fine 
        imposed under section 3571 of title 18, United States 
        Code, for a violation of a rule or regulation 
        prescribed under this section shall be available to the 
        Secretary of the Interior, without further 
        appropriation and until expended, for the following 
        purposes:
                  (A) To cover the cost to the United States of 
                any improvement, protection, or rehabilitation 
                work on the National Park System lands rendered 
                necessary by the action which led to the fine.
                  (B) To increase public awareness of rules, 
                regulations, and other requirements regarding 
                the use of such lands.
                  (C) To cover administrative, legal, and 
                related expenses rendered necessary by the 
                action which led to the fine.
          (2) Return of excess funds to treasury.--Moneys 
        referred to in paragraph (1) that the Secretary 
        determines are excess to the amounts necessary to carry 
        out the purposes specified in such paragraph shall be 
        transferred to miscellaneous receipts.

           *       *       *       *       *       *       *

                              ----------                              

SECTION 4 OF THE NATIONAL WILDLIFE REFUGE SYSTEM ADMINISTRATION ACT OF 
                                  1966

  Sec. 4. (a)(1) * * *

           *       *       *       *       *       *       *

  (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.
          (3) Use of collected fines.--Any moneys received by 
        the United States as a result of a fine imposed under 
        section 3571 of title 18, United States Code, for a 
        violation of this Act or a regulation issued thereunder 
        shall be available to the Secretary, without further 
        appropriation and until expended, for the following 
        purposes:
                  (A) To cover the cost to the United States of 
                any improvement, protection, or rehabilitation 
                work on the System lands rendered necessary by 
                the action which led to the fine.
                  (B) To increase public awareness of rules, 
                regulations, and other requirements regarding 
                the use of System lands.
                  (C) To cover administrative, legal, and 
                related expenses rendered necessary by the 
                action which led to the fine.
          (4) Return of excess funds to treasury.--Moneys 
        referred to in paragraph (3) that the Secretary 
        determines are excess to the amounts necessary to carry 
        out the purposes specified in such paragraph shall be 
        transferred to miscellaneous receipts.

           *       *       *       *       *       *       *

                              ----------                              

                          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]

SEC. 551. PROTECTION OF NATIONAL FORESTS; RULES AND REGULATIONS.

  (a) Regulations for Use and Protection of National Forest 
System; Enforcement.--(1) The Secretary of Agriculture 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.] destruction.
  (2) Any person who knowingly violates or fails to comply with 
any rule or regulation made under paragraph (1) 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 such rule or regulation 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.
  [Any person] (b) Process.--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.

           *       *       *       *       *       *       *

                              ----------                              

                 SECTION 7 OF THE ACT OF JUNE 20, 1958

 An Act To facilitate and simplify the work of the Forest Service, and 
                          for other purposes.

  Sec. 7. (a) Treatment of Certain Moneys Received on Behalf of 
Forest Service.--Any moneys received by the United States with 
respect to lands under the administration of the Forest Service 
(1) as a result of the forfeiture of a bond or deposit by a 
permittee or timber purchaser for failure to complete 
performance of improvement, protection, or rehabilitation work 
required under the permit or timber sale [contract or (2)] 
contract, (2) as a result of a judgment, compromise, or 
settlement of any claim, involving present or potential damage 
to lands or improvements, or (3) as a result of a fine imposed 
under section 3571 of title 18, United States Code, for a 
violation of a rule or regulation prescribed by the Secretary 
of Agriculture with respect to such lands, shall be covered 
into the Treasury and are hereby appropriated and made 
available until expended [to cover the cost to the United 
States of any improvement, protection, or rehabilitation work 
on lands under the administration of the Forest Service 
rendered necessary by the action which led to the forfeiture, 
judgment, compromise, or settlement: Provided, That any portion 
of the moneys so received in excess of the amount expended in 
performing the work necessitated by the action which led to 
their receipt shall be transferred to miscellaneous receipts.] 
for the purposes specified in subsection (b).
  (b) Authorized Use.--
          (1) In general.--The moneys referred to in subsection 
        (a) shall be available to the Secretary of Agriculture 
        for the following purposes:
                  (A) To cover the cost to the United States of 
                any improvement, protection, or rehabilitation 
                work on National Forest System lands rendered 
                necessary by the action which led to the fine, 
                forfeiture, judgment, compromise, or 
                settlement.
                  (B) To increase public awareness of rules, 
                regulations, and other requirements regarding 
                the use of such lands.
                  (C) To cover administrative, legal, and 
                related expenses rendered necessary by the 
                action which led to the fine.
          (2) Return of excess funds to treasury.--Moneys 
        referred to in subsection (a) that the Secretary 
        determines are excess to the amounts necessary to carry 
        out the purposes specified in paragraph (1) shall be 
        transferred to miscellaneous receipts.

           *       *       *       *       *       *       *

                        Committee Correspondence

                          House of Representatives,
                                    Committee on Resources,
                                      Washington, DC, May 19, 2004.
Hon. Bob Goodlatte,
Chairman, Committee on Agriculture, House of Representatives, Longworth 
        House Office Building, Washington, DC.
    Dear Mr. Chairman: I request your assistance in expediting 
the consideration of four bills, all of which were referred 
primarily to the Committee on Resources and additionally to the 
Committee on Agriculture: H.R. 1014, the Gateway Communities 
Cooperation Act; H.R. 2966, the Right-to-Ride Livestock on 
Federal Lands Act of 2003; H.R. 3247, the TRAIL Act; and H.R. 
3846, the Tribal Forest Protection Act of 2004.
    The Committee on Resources ordered all the bills favorably 
reported with amendments on May 5, 2004, either by voice vote 
or unanimous consent. I have forwarded copies of the reported 
texts to your staff.
    Because of the limited number of days remaining in the 
108th Congress and the importance of these bills to the authors 
and our Nation, I ask you not to insist on your additional 
referrals of the bills and allow the Committee on Agriculture 
to be discharged so that they may be voted on when the House of 
Representatives returns from its Memorial Day district work 
period. Of course, by agreeing to this request, you are not 
waiving jurisdiction over the bills, nor is this action to be 
construed as a precedent for other, similar legislation. In 
addition, I would support a request from the Committee on 
Agriculture to be represented on any conference on H.R. 1014, 
H.R. 2966, H.R. 3247 or H.R. 3846 or companion Senate bills, 
should a conference become necessary. Finally, I would include 
this letter and any response you might have in the Committee on 
Resources' bill reports for the four bills.
    Thank you for your consideration of my request. I 
appreciate our continued excellent working relationship on 
forest issues and look forward to working with you again.
            Sincerely,
                                          Richard W. Pombo,
                                                          Chairman.
                                ------                                

                          House of Representatives,
                                  Committee on Agriculture,
                                      Washington, DC, May 20, 2004.
Hon. Richard Pombo,
Chairman, House Committee on Resources,
Longworth House Office Building, Washington, DC.
    Dear Mr. Chairman: Thank you for your May 19, 2004 
correspondence regarding H.R. 1014, the Gateway Communities 
Cooperation Act; H.R. 3247, the TRAIL Act; and H.R. 3846, the 
Tribal Forest Protection Act of 2004. As you are aware, the 
Committee on Agriculture was granted an additional referral of 
all these pieces of legislation.
    Knowing of your interest in expediting this legislation, I 
will discharge H.R. 1014, H.R. 3247 and H.R. 3846 from further 
consideration by the Committee on Agriculture. I do so with the 
understanding that by discharging these bills 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 these matters, the 
Committee on Agriculture reserves the right to seek appointment 
of conferees, if it should become necessary.
    Thank you very much for your courtesy in this matter and I 
look forward to continued cooperation between our Committees as 
we deal with these issues in the future.
            Sincerely,
                                             Bob Goodlatte,
                                                          Chairman.

                                  
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