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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3247 Received in Senate (RDS)]

  2d Session
                                H. R. 3247

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 29, 2004

                                Received

_______________________________________________________________________

                                 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.

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

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.--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 to read as follows:

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

    ``(a) Regulations for Use and Protection of National Forest 
System.--The Secretary of Agriculture shall make provisions for the 
protection of the National Forest System (as defined in section 11 of 
the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 
U.S.C. 1609)) against destruction by fire and depredations. The 
Secretary may issue such regulations and establish such service as will 
insure the objects of the National Forest System, namely, to regulate 
their occupancy and use and to preserve the forests therein from 
destruction.
    ``(b) Violations; Penalties.--(1) Any person who knowingly violates 
any regulation issued under subsection (a) shall be guilty of a Class A 
misdemeanor. Any person who otherwise violates any such regulation 
shall be guilty of a Class B misdemeanor. A person who violates any 
such regulation shall be subject to a fine as provided in section 3571 
of title 18, United States Code, or imprisonment as provided in section 
3581 of that title, or both.
    ``(2) A person who violates any regulation issued under subsection 
(a) may also be adjudged to pay all costs of the proceedings.
    ``(c) Procedure.--Any person charged with the violation of a 
regulation issued under subsection (a) may be tried and sentenced by 
any United States magistrate judge specially designated for that 
purpose by the court by which the magistrate judge was appointed, in 
the same manner and subject to the same conditions as provided for in 
subsections (b) through (e) of section 3401 of title 18, United States 
Code.''.

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 (b) 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:
    ``(3) In the case of a regulation issued under subsection (a) 
regarding the use of fire by individuals on National Forest System 
lands, if the violation of the regulation was the result of reckless 
conduct, occurred in an area subject to a complete ban on open fires, 
and resulted in damage to public or private property, the fine may not 
be less than $500.''.

            Passed the House of Representatives September 28, 2004.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.
```