108TH CONGRESS

2D SESSION H. R. 3247

AN ACT

To provide consistent enforcement authority to the

poses.risdiction of these agencies, and for other puruse, and protection of public lands under the julations of regulations regarding the management,Service, and the Forest Service to respond to vioService, the United States Fish and WildlifeBureau of Land Management, the National Park

108TH CONGRESS

2D SESSION H. R. 3247

AN ACT

To provide consistent enforcement authority to the Bureau

of Land Management, the National Park Service, the

United States Fish and Wildlife Service, and the Forest

Service to respond to violations of regulations regarding

the management, use, and protection of public lands

under the jurisdiction of these agencies, and for other

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Trail Responsibility

5 and Accountability for the Improvement of Lands Act’’ or

6 ‘‘TRAIL Act’’.

7 SEC. 2. CONSISTENT ENFORCEMENT AUTHORITY REGARD8 ING NATIONAL PARK SYSTEM LANDS, NA9 TIONAL FOREST LANDS, AND OTHER PUBLIC

10 LANDS.

11 (a) LANDS UNDER JURISDICTION OF BUREAU OF

12 LAND MANAGEMENT.—Section 303(a) of the Federal

13 Land Policy and Management Act of 1976 (43 U.S.C.

14 1733(a)) is amended—

15 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’;

16 (2) by striking the second sentence; and

17 (3) by adding at the end the following new

18 paragraphs:

19 ‘‘(2) Any person who knowingly violates or fails to

20 comply with any of the provisions of this Act or any regu21 lation issued under this Act shall be guilty of a Class A

22 misdemeanor, subject to fine as provided in section 3571

23 of title 18, United States Code, or imprisonment as pro24 vided in section 3581 of that title, or both.
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1 ‘‘(3) Any person who otherwise violates or fails to

2 comply with any of the provisions of this Act or any regu3 lation issued under this Act shall be guilty of a Class B

4 misdemeanor, subject to fine or imprisonment, or both, as

5 provided in such sections. A person who violates any such

6 provision or regulation may also be adjudged to pay all

7 costs of the proceedings.’’.

8 (b) NATIONAL PARK SYSTEM LANDS.—

9 (1) ENFORCEMENT.—Section 3 of the Act of

10 August 25, 1916 (popularly known as the National

11 Park Service Organic Act; 16 U.S.C. 3) is

12 amended—

13 (A) by striking ‘‘That the Secretary’’ the

14 first place it appears and inserting ‘‘(a) REGU15 LATIONS FOR USE AND MANAGEMENT OF NA16 TIONAL PARK SYSTEM; ENFORCEMENT.—(1)

17 The Secretary’’;

18 (B) by striking ‘‘Service,’’ and all that fol19 lows through ‘‘proceedings.’’ and inserting

20 ‘‘Service.’’; and

21 (C) by inserting after the first sentence the

22 following new paragraphs:

23 ‘‘(2) Any person who knowingly violates or fails to

24 comply with any rule or regulation issued under this sec25 tion shall be guilty of a Class A misdemeanor, subject to
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1 fine as provided in section 3571 of title 18, United States

2 Code, or imprisonment as provided in section 3581 of that

3 title, or both.

4 ‘‘(3) Any person who otherwise violates or fails to

5 comply with any such rule or regulation shall be guilty

6 of a Class B misdemeanor, subject to fine or imprison7 ment, or both, as provided in such sections. A person who

8 violates any such rule or regulation may also be adjudged

9 to pay all costs of the proceedings.’’.

10 (2) CONFORMING AMENDMENTS.—Such section

11 is further amended—

12 (A) by striking ‘‘He may also’’ the first

13 place it appears and inserting the following:

14 ‘‘(b) SPECIAL MANAGEMENT AUTHORITIES.—The

15 Secretary of the Interior may’’;

16 (B) by striking ‘‘He may also’’ the second

17 place it appears and inserting ‘‘The Secretary

18 may’’; and

19 (C) by striking ‘‘No natural,’’ and insert20 ing the following:

21 ‘‘(c) LEASE AND PERMIT AUTHORITIES.—No nat22 ural’’.

23 (c) NATIONAL WILDLIFE REFUGE SYSTEM LANDS.—

24 Section 4(f) of the National Wildlife Refuge System Ad-
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1 ministration Act of 1966 (16 U.S.C. 668dd(f)) is

2 amended—

3 (1) in paragraph (1), by striking ‘‘fined under

4 title 18, United States Code, or imprisoned for not

5 more than 1 year, or both.’’ and inserting ‘‘guilty of

6 a Class A misdemeanor, subject to fine as provided

7 in section 3571 of title 18, United States Code, or

8 imprisonment as provided in section 3581 of that

9 title, or both. A person who violates any such provi10 sion or regulation may also be adjudged to pay all

11 costs of the proceedings.’’;

12 (2) in paragraph (2), by striking ‘‘fined under

13 title 18, United States Code, or imprisoned not more

14 than 180 days, or both.’’ and inserting ‘‘guilty of a

15 Class B misdemeanor, subject to fine as provided in

16 section 3571 of title 18, United States Code, or im17 prisonment as provided in section 3581 of that title,

18 or both. A person who violates any such provision or

19 regulation may also be adjudged to pay all costs of

20 the proceedings.’’.

21 (d) NATIONAL FOREST SYSTEM LANDS.—The elev22 enth undesignated paragraph under the heading ‘‘SUR23 VEYING THE PUBLIC LANDS’’ of the Act of June 4, 1897

24 (16 U.S.C. 551), is amended to read as follows:
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1 ‘‘SEC. 551. PROTECTION OF NATIONAL FORESTS; REGULA2 TIONS.

3 ‘‘(a) REGULATIONS FOR USE AND PROTECTION OF

4 NATIONAL FOREST SYSTEM.—The Secretary of Agri5 culture shall make provisions for the protection of the Na6 tional Forest System (as defined in section 11 of the For7 est and Rangeland Renewable Resources Planning Act of

8 1974 (16 U.S.C. 1609)) against destruction by fire and

9 depredations. The Secretary may issue such regulations

10 and establish such service as will insure the objects of the

11 National Forest System, namely, to regulate their occu12 pancy and use and to preserve the forests therein from

13 destruction.

14 ‘‘(b) VIOLATIONS; PENALTIES.—(1) Any person who

15 knowingly violates any regulation issued under subsection

16 (a) shall be guilty of a Class A misdemeanor. Any person

17 who otherwise violates any such regulation shall be guilty

18 of a Class B misdemeanor. A person who violates any such

19 regulation shall be subject to a fine as provided in section

20 3571 of title 18, United States Code, or imprisonment as

21 provided in section 3581 of that title, or both.

22 ‘‘(2) A person who violates any regulation issued

23 under subsection (a) may also be adjudged to pay all costs

24 of the proceedings.

25 ‘‘(c) PROCEDURE.—Any person charged with the vio26 lation of a regulation issued under subsection (a) may be
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1 tried and sentenced by any United States magistrate judge

2 specially designated for that purpose by the court by which

3 the magistrate judge was appointed, in the same manner

4 and subject to the same conditions as provided for in sub5 sections (b) through (e) of section 3401 of title 18, United

6 States Code.’’.

7 SEC. 3. ESTABLISHMENT OF MINIMUM FINE FOR VIOLA8 TION OF PUBLIC LAND FIRE REGULATIONS

9 DURING FIRE BAN.

10 (a) LANDS UNDER JURISDICTION OF BUREAU OF

11 LAND MANAGEMENT.—Section 303(a) of the Federal

12 Land Policy and Management Act of 1976 (43 U.S.C.

13 1733(a)), as amended by section 2(a), is further amended

14 by adding at the end the following new paragraph:

15 ‘‘(4) In the case of a regulation issued under this sec16 tion regarding the use of fire by individuals on the public

17 lands, if the violation of the regulation was the result of

18 reckless conduct, occurred in an area subject to a complete

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

20 private property, the fine may not be less than $500.’’.

21 (b) NATIONAL PARK SYSTEM LANDS.—Subsection

22 (a) of section 3 of the Act of August 25, 1916 (popularly

23 known as the National Park Service Organic Act; 16

24 U.S.C. 3), as designated and amended by section 2(b), is
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1 further amended by adding at the end the following new

2 paragraph:

3 ‘‘(4) In the case of a rule or regulation issued under

4 this subsection regarding the use of fire by individuals on

5 such lands, if the violation of the rule or regulation was

6 the result of reckless conduct, occurred in an area subject

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

8 to public or private property, the fine may not be less than

9 $500.’’.

10 (c) NATIONAL FOREST SYSTEM LANDS.—Subsection

11 (b) of section 551 of the Act of June 4, 1897 (16 U.S.C.

12 551), as designated and amended by section 2(d), which

13 before such designation and amendment was the eleventh

14 undesignated paragraph under the heading ‘‘SURVEYING

15 THE PUBLIC LANDS’’ of such Act, is further amended by

16 adding at the end the following new paragraph:

17 ‘‘(3) In the case of a regulation issued under sub18 section (a) regarding the use of fire by individuals on Na19 tional Forest System lands, if the violation of the regula20 tion was the result of reckless conduct, occurred in an area

21 subject to a complete ban on open fires, and resulted in
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1 damage to public or private property, the fine may not

2 be less than $500.’’.

Passed the House of Representatives September 28,

2004.

Attest:

Clerk.