108TH CONGRESS REPT. 108–511 " HOUSE OF REPRESENTATIVES ! 2d Session Part 2

TRAIL RESPONSIBILITY AND ACCOUNTABILITY FOR THE 

IMPROVEMENT OF LANDS ACT

JUNE 30, 2004.—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. 3247] 

[Including cost estimate of the Congressional Budget Office]

The Committee on the Judiciary, 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, reports favorably 

thereon with an amendment and recommends that the bill as 

amended do pass.

CONTENTS 

Page 

The Amendment ...................................................................................................... 2

Purpose and Summary ............................................................................................ 3

Background and Need for the Legislation ............................................................. 4

The Committee’s Amendment ................................................................................. 4

Hearings ................................................................................................................... 4

Committee Consideration ........................................................................................ 5

Vote of the Committee ............................................................................................. 5

Committee Oversight Findings ............................................................................... 5

New Budget Authority and Tax Expenditures ...................................................... 5

Congressional Budget Office Cost Estimate .......................................................... 5

Performance Goals and Objectives ......................................................................... 6

Constitutional Authority Statement ...................................................................... 6

Section-by-Section Analysis and Discussion .......................................................... 6

Changes in Existing Law Made by the Bill, as Reported ..................................... 8

Markup Transcript .................................................................................................. 12

2

THE AMENDMENT

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.—

3

(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. 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 LANDS’’ 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 AND SUMMARY

The purpose of H.R. 3247, the ‘‘Trail Responsibility and Accountability for the Improvement of Lands Act’’ or ‘‘TRAIL Act’’ is to provide consistent enforcement authority to the four major Federal 

land management agencies for violations of regulations relating to 

the use and protection of public lands under their jurisdiction, to 

clarify the purposes for which collected fines could be used, and to 

establish minimum fines for violating public land fire regulations 

during fire bans. 

4

BACKGROUND AND NEED FOR THE LEGISLATION

Currently, each of the four major Federal land management 

agencies—the Bureau of Land Management, 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. This legislation would provide consistent penalties for violations under each of their organic acts or any regulation issued 

under those acts. The consistency in these laws will aid in clearing 

up public confusion while also serving as a deterrent. 

H.R. 3247 provides consistent enforcement authority to each of 

the four agencies that respond to violations of regulations regarding the management, use, and protection of public lands under 

their jurisdiction. Additionally, the bill as reported by the Committee on Resources clarifies the purposes for which collected fines 

may be used and incorporates the amended text of another bill, 

H.R 1038, the ‘‘Public Lands Fire Regulations Enforcement Act of 

2003,’’ that increases the penalties that may be imposed for a violation of fire regulations applicable to the public lands. 

The TRAIL Act would apply two general classes of fines and penalties, under 18 U.S.C. §§ 3571 and 3581, for those who are guilty 

of certain crimes on Federal lands. It 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 or to cover administrative or legal expenses rendered necessary by the actions which that led to the fine. Any excess funds would be returned to the U.S. Treasury. 

The TRAIL Act establishes a minimum fine of $500 for a violation of fire rules and regulations on lands under the jurisdiction of 

the Bureau of Land Management, National Park System Lands, 

and National Forest System 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. This same change was included in H.R. 

1038. 

THE COMMITTEE’S AMENDMENT

Subcommittee on Crime, Terrorism, and Homeland Security 

Chairman Coble offered the only amendment to the text as reported by the Committee on Resources. His amendment was to 

strike all of Section 3 and to redesignate the succeeding sections 

accordingly. This amendment restores current law that provides 

that fines that are collected for Federal crimes are deposited into 

the Crime Victims Fund. Section 3 of H.R. 3247 would have made 

the collected fines available to either the Secretary of the Interior 

or the Secretary of Agriculture, depending on the proximity of the 

violation, for purposes relating to forest fires. The amendment was 

agreed to by a voice vote. 

HEARINGS

No hearings were held in the Committee on the Judiciary on 

H.R. 3247. 

5

COMMITTEE CONSIDERATION

H.R. 3247 was introduced by Representative Tancredo on October 2, 2003. The bill was referred primarily to the Committee on 

Resources and secondarily to the Committee on Agriculture on introduction. H.R. 3247 was sequentially referred to the Committee 

on the Judiciary on May 20, 2004 for a period extending to June 

30, 2004. The Committee on Resources amended the bill and favorably reported it by unanimous consent on May 5, 2004. The Committee on Agriculture discharged the bill without further consideration. 

On June 23, 2004, the Committee on the Judiciary met in open 

session and ordered the bill reported favorably, as amended, 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’s consideration of H.R. 3247. 

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 upon oversight activities 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. 3247, 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, June 25, 2004. 

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. 3247, the Trail Responsibility and Accountability for the Improvement of Lands Act. 

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

to provide them. The CBO staff contact is Deborah Reis, who can 

be reached at 226–2860. 

Sincerely, 

DOUGLAS HOLTZ-EAKIN.

6

Enclosure

cc: Honorable John Conyers, Jr. 

Ranking Member 

H.R. 3247—Trail Responsibility and Accountability for the Improvement of Lands (TRAIL) Act of 2003. 

H.R. 3247 would amend existing laws that govern the protection 

of Federal lands to provide land-management agencies with consistent enforcement authorities. 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. 3247 would have no significant net impact on the Federal budget. Implementing the penalties 

established by the bill could change the size of fines and penalties, 

but CBO expects that any net change would be less than $500,000 

annually. Moreover, any additional amounts collected from the violations of these regulations would be offset by new direct spending 

from the Crime Victims Fund, which receives all such revenues. 

H.R. 3247 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. 

On May 20, 2004, CBO transmitted a cost estimate for H.R. 3247 

as ordered reported by the House Committee on Resources on May 

5, 2004. Under that version of the legislation, the affected land 

management agencies would be authorized to retain and spend any 

fines or penalties collected under the affected Federal regulations. 

Under the version approved by the House Judiciary Committee, 

those collections would continue to be deposited into the Crime Victims Fund. Neither version of the legislation would result in any 

additional Federal spending because these fines and penalties are 

already available to be spent without further appropriation. Therefore, the estimated budgetary effects of the two versions of the legislation are the same. 

The CBO staff contact for this estimate is Deborah Reis, 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

Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the House 

or Representatives, the goal of H.R. 3247 is to provide consistent 

enforcement authority to the four major Federal land management 

agencies. 

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

Sec. 1. Short title. The short title is the ‘‘Trail Responsibility and 

Accountability for the Improvement of Lands Act’’ or ‘‘TRAIL Act.’’

7

Sec. 2. Consistent Enforcement Authority Regarding National 

Park Systems Lands, National Park Service Lands, and other public lands. This section amends the organic statutes of the four 

major land management agencies to create both Class A and Class 

B misdemeanors as defined in Title 18 of the U.S. Code for violations of regulations on lands they administer. (a) Lands Under the Jurisdiction of Bureau of Land Manage- ment—Subsection 2(a) amends the Federal Land Policy and Management Act of 1976 (43 U.S.C. § 1773(a)) by providing that 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. 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—Subsection 2(b) amends the National Park Service Organic Act (16 U.S.C. § 3) by providing that 

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. 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. (c) National Wildlife Refuge System Lands—Subsection 2(c) 

amends the ‘‘National Wildlife Refuge System Administration Act 

of 1966’’ (16 U.S.C. § 668dd(f)) by providing that any person who 

knowingly violates or fails to comply with any of the provisions of 

the 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. A person who otherwise violates or fails to comply with any of the provisions of the Act shall be 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—Subsection 2(d) amends the 

Act of June 4, 1897 (16 U.S.C. § 551) by providing that any person 

who knowingly violates or fails to comply with any rule or regulation made under the 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. 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. 

8

Sec. 3. Consistent Authorities Regarding Use of Collected Fines. This section would have amended the applicable statutes relating 

to the use of fines that are collected for violations at each of the 

four primary land management agencies to provide consistency for 

the availability and use of collected fines. This section would allow 

fines collected for violations on lands under the jurisdiction of the 

Bureau of Land Management, National Park System Lands, National Wildlife Refuge System Lands, and National Forest System 

Lands to be used: 

(a) to cover the cost to the United States of any improvement, protection, or rehabilitation work on 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; and (c) to cover administrative, legal, and related expenses rendered necessary by the action that led to the fine. This section also provided for the return of excess funds to the 

Treasury, if the funds were in excess of the amounts necessary to 

carry out the above purposes. An amendment striking this section was offered and approved by the Committee on the Judiciary. The effect of the amendment is to 

retain current law under which these fines go to the Crime Victims 

Fund. 

Sec. 4. Establishment of Minimum Fine for Violation of Public 

Land Fire Regulations During Fire Ban. This section establishes a 

minimum fine for fire violations on certain public lands by amending the applicable statutes of the individual land management 

agencies. In the case of a regulation regarding the use of fire by 

individuals on the public lands, if the violation of the regulation 

was the result of reckless conduct, occurred in an area subject to 

a complete ban on open fires, and resulted in damage to public or 

private property, the fine may not be less than $500. Section 4 is 

the same as the amended text of H.R. 1038. 

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 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)(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 

9

such regulation may be tried and sentenced by any United States 

magistrate designated for that purpose by the court by which he 

was appointed, in the same manner and subject to the same conditions and limitations as provided for in section 3401 of title 18 of 

the United States Code.

(2) Any person who knowingly violates or fails to comply with any of the provisions of this Act or any regulation issued under this 

Act shall be guilty of a Class A misdemeanor, subject to fine as provided in section 3571 of title 18, United States Code, or imprisonment as provided in section 3581 of that title, or both. 

(3) Any person who otherwise violates or fails to comply with 

any of the provisions of this Act or any regulation issued under this 

Act shall be guilty of a Class B misdemeanor, subject to fine or imprisonment, or both, as provided in such sections. A person who violates any such provision or regulation may also be adjudged to pay 

all costs of the proceedings. 

(4) In the case of a regulation issued under this section regarding the use of fire by individuals on the public lands, if the violation 

of the regulation was the result of reckless conduct, occurred in an 

area subject to a complete ban on open fires, and resulted in damage to public or private property, the fine may not be less than $500.

SECTION 3 OF THE 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.

10

(b) SPECIAL MANAGEMENT AUTHORITIES.—The Secretary of the 

Interior may, upon terms and conditions to be fixed by him, sell or 

dispose of timber in those cases where in his judgment the cutting 

of such timber is required in order to control the attacks of insects 

or diseases or otherwise conserve the scenery or the natural or historic objects in any such park, monument, or reservation. ¿He may 

also The Secretary may provide in his discretion for the destruction of such animals and of such plant life as may be detrimental 

to the use of any of said parks, monuments, or reservations. ¿No 

natural, 

(c) LEASE AND PERMIT AUTHORITIES.—No natural curiosities, 

wonders, or objects of interest shall be leased, rented, or granted 

to anyone on such terms as to interfere with free access to them 

by the public: Provided, however, That the Secretary of the Interior 

may, under such rules and regulations and on such terms as he 

may prescribe, grant the privilege to graze live stock within any 

national park, monument, or reservation herein referred to when 

in his judgment such use is not detrimental to the primary purpose 

for which such park, monument, or reservation was created, except 

that this provision shall not apply to the Yellowstone National 

Park: And provided further, That the Secretary of the Interior may 

grant said privileges, leases, and permits and enter into contracts 

relating to the same with responsible persons, firms, or corporations without advertising and without securing competitive bids: 

And provided further, That no contract, lease, permit, or privilege 

granted shall be assigned or transferred by such grantees, permittees, or licensees, without the approval of the Secretary of the Interior first obtained in writing. 

* * * * * * *

SECTION 4 OF THE NATIONAL WILDLIFE REFUGE 

SYSTEM ADMINISTRATION ACT OF 1966

SEC. 4. (a)(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, 

11

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 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 FOR- EST 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, 

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United States Code, section 3401, subsections (b), (c), (d), and (e), 

as amended. 

* * * * * * *

MARKUP TRANSCRIPT

BUSINESS MEETING 

WEDNESDAY, JUNE 23, 2004

HOUSE OF REPRESENTATIVES, 

COMMITTEE ON THE JUDICIARY, 

Washington, DC. 

The Committee met, pursuant to notice, at 10:09 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. Pursuant to notice, I now call up the 

bill H.R. 3247, the ‘‘Trail Responsibility and Accountability for the 

Improvement Lands Act of 2003’’ for purposes of markup and move 

its favorable recommendation to the House. 

Without objection, the bill will be considered as read and open 

for amendment at any point, and the text as reported by the Committee on Resources, which the Members have before them, will be 

considered as read, considered as the original text for purposes of 

amendment and open for amendment at any point. The Chair recognizes himself for 5 minutes to explain the bill. 

[The bill, H.R. 3247, follows:]

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Chairman SENSENBRENNER. This is a bill that we have on a sequential referral that expires on June 30. Basically, it is a good 

bill; however, there is a criminal penalties provision that has the 

proceeds of criminal fines being deposited in a place other than the 

Victims Compensation Fund. 

Sections 2, 3, and 4 are within the jurisdiction of the Judiciary 

Committee. I am going to ask unanimous consent that my full 

statement be included in the record at this point and yield back the 

balance of my time. 

[The prepared statement of Chairman Sensenbrenner follows:]

PREPARED STATEMENT OF THE HONORABLE F. JAMES SENSENBRENNER, JR., A REPRESENTATIVE IN CONGRESS FROM THE STATE OF WISCONSIN, AND CHAIRMAN, COMMITTEE ON THE JUDICIARY

Today we mark up H.R. 3247, the ‘‘Trail Responsibility and Accountability for the 

Improvement of Lands Act’’ or ‘‘TRAIL’’ Act. This bill was primarily referred to the 

Committee on Resources and additionally to the Committee on Agriculture. The Resources Committee held a Subcommittee hearing and favorably reported the bill, as 

amended, by unanimous consent. The Committee on Agriculture discharged the bill 

without further action. 

Several substantive provisions of this bill pertain to criminal proceedings: Section 

2, which relates to making criminal penalties consistent; Section 3, which provides 

for the use of criminal fines that are collected; and Section 4, which establishes a 

minimum fine for certain fire violations. These provisions are within the Judiciary 

Committee’s Rule X criminal law jurisdiction, and as such, we received a sequential 

referral until June 30th. 

This important piece of legislation provides consistent enforcement authority to 

the four major federal land management agencies. This authority includes enforcement of regulations regarding the management, use, or protection of the public 

lands under their jurisdiction. These agencies—the Bureau of Land Management, 

the National Park Service, the United States Fish and Wildlife Service, and the U.S. 

Forest Service—each are charged with the protection of various public lands, but 

similar violations often result in different penalties, depending on which entity has 

jurisdiction of the land where the violation has occurred. This legislation, while providing consistency in the law, will clear up confusion on the part of the public and 

serve to deter violators. Instead of having different penalties in the respective statutes that relate to these agencies, the TRAIL Act creates two general classes of fines 

and penalties that already exist under the criminal code. 

This bill makes any knowing violation or failure to comply with any of the provisions of the organic statutes of these land management agencies a Class A misdemeanor, subject to the fines and/or imprisonment as provided in Sections 3571 

and 3581 of Title 18. 

Any other violation would be a Class B misdemeanor, under the same code provisions. This bill also clarifies authorities regarding the use of collected fines. 

Finally, the TRAIL Act establishes a minimum fine of $500 for the violation of 

a public land fire ban if the violation is the result of reckless conduct, occurs in an 

area that was subject to a total ban on open fires, and results in damage to public 

or private property. 

The combined effect of this common sense legislation is that the land managers 

and the Department of Justice will have greater flexibility to deal with criminal violations of land management regulations. I urge my colleagues to support the TRAIL 

Act.

Chairman SENSENBRENNER. I recognize the gentleman from Virginia, Mr. Scott. 

Mr. SCOTT. Thank you, Mr. Chairman, for scheduling this markup of H.R. 3247. 

The purpose of the bill is to provide consistent enforcement authority among various agencies with jurisdiction for public land 

management, including Bureau of Land Management, National 

Park Service, U.S. Fish and Wildlife Service, Forest Service. It also 

enhances their ability to address violations of their regulations regarding the management, use and protection of public lands by inVerDate jul 14 2003 22:16 Jul 01, 2004 Jkt 029006 PO 00000 Frm 00026 Fmt 6659 Sfmt 6601 E:\HR\OC\HR511P2.XXX HR511P2
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creasing the penalties and clarifying the purposes for which the collected fines may be used. 

The bill is primarily a Resource Committee bill, but since it now 

includes the text of H.R. 1038, the ‘‘Public Lands Fire Regulations 

Enforcement Act of 2003,’’ which we passed last September and 

some language affecting the Crime Victims Fund, I thank you for 

asserting the jurisdiction of this Committee. 

Specifically, that part of the bill makes criminal penalties for violating primarily fire regulations concerning public lands consistent 

among the various entities with jurisdiction over such lands and 

establishes a minimum $500 fine for violations and provides that 

all criminal fines for these violations will go to rehabilitating these 

lands. 

This is a bipartisan bill, not controversial. With a small bit of 

tweaking that I understand we might do during the markup, I 

think the bill reflects our priorities with respect to the Crime Victims Fund. I believe we should pass the bill and urge my colleagues 

to support it after those amendments, and I yield back. 

Chairman SENSENBRENNER. Without objection, all Members’ 

opening statements will be placed in the record at this point. 

Are there amendments? 

The gentleman from North Carolina. 

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

Chairman SENSENBRENNER. The Clerk will report the amendment. 

The CLERK. Amendment to H.R. 3247, as reported from the Committee on Resources——

Mr. COBLE. Mr. Chairman, I would move that the amendment be 

considered as read. 

Chairman SENSENBRENNER. Without objection, so ordered. 

[The amendment offered by Mr. Coble follows:]

Chairman SENSENBRENNER. The gentleman is recognized for 5 

minutes. 

Mr. COBLE. Well you and the gentleman from Virginia have pretty well touched on the purport of this bill, Mr. Chairman. Most of 

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lected through criminal fines go to the Office for Victims of Crime 

at the Department of Justice now. The bill before us in its present 

form, however, diverts those monies to the four major land management agencies which the gentleman from Virginia previously 

mentioned to cover the cost to rehabilitate, protect or improve Federal lands. 

My amendment simply strikes section 3 that provides that and 

reverts to what the law presently is, that is, for the fines to go to 

the Office for Victims of Crime at DOJ. I am told, Mr. Chairman 

and colleagues, that our friends on Resources have no heartburn 

with my amendment and I urge its passage. 

Chairman SENSENBRENNER. Does the gentleman yield back? 

Mr. COBLE. I yield back. 

Chairman SENSENBRENNER. The question is on the amendment 

offered by the gentleman from North Carolina, Mr. Coble. Those in 

favor will say aye. 

Opposed, no. 

The ayes appear to have it. The ayes have it, and the amendment is agreed to. 

Are there further amendments? 

There are no further amendments. 

Without objection, the previous question is ordered on the motion 

to report the bill favorably as amended since a reporting quorum 

is not present. 

[Intervening business.] 

Chairman SENSENBRENNER. A reporting quorum is now present. 

The question is on reporting the bill—without objection the version 

of the bill H.R. 3247, reported by the Committee on Resources and 

laid down as the base text as adopted, as amended. 

The question occurs on the motion to report the bill H.R. 3247 

favorably as amended. 

All in favor will say aye. 

Opposed, no. 

The ayes appear to have it. The ayes have it. 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 amendments adopted here today. 

Without objection, the Chairman is authorized to move to go to 

conference pursuant to House rules. 

Without objection, the staff is directed to make any technical and 

conforming changes, and all Members will be given 2 days as provided by the House rules in which to submit additional, dissenting, 

supplemental or minority views.

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