IB 

Union Calendar No. 338

108TH CONGRESS 

2D SESSION H. R. 3247

[Report No. 108–511, Parts I and II] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 2, 2003

Mr. TANCREDO (for himself, Mr. MCINNIS, and Mr. UDALL of Colorado) introduced the following bill; which was referred to the Committee on Resources, and in addition to the Committee on Agriculture, for a period 

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

MAY 20, 2004

Reported from the Committee on Resources with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

MAY 20, 2004

Referral to the Committee on Agriculture extended for a period ending not 

later than May 20, 2004

MAY 20, 2004

The Committee on Agriculture discharged 

MAY 20, 2004

Referred to the Committee on the Judiciary for a period ending not later than 

June 30, 2004, for consideration of such provisions of the bill and 

amendment as fall within the jurisdiction of that committee pursuant to 

clause 1(k), rule X 
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JUNE 30, 2004

Additional sponsors: Mr. BEAUPREZ, Mr. OTTER, Mr. SHIMKUS, Mr. 

ACEVEDO-VILA ́, Mr. RADANOVICH, Mr. SIMPSON, Mr. GREEN of Wisconsin, Mrs. CUBIN, Mr. CANNON, Mr. GIBBONS, Mr. PETERSON of 

Pennsylvania, Mr. PORTER, Mr. STUPAK, Mr. MATHESON, and Mr. BOUCHER

JUNE 30, 2004

Reported from the Committee on the Judiciary with an amendment, committed to the Committee of the Whole House on the State of the Union, 

and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in boldface roman] 

[For text of introduced bill, see copy of bill as introduced on October 2, 2003] 

A BILL

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.

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 and 

5 Accountability for the Improvement of Lands Act’’ or 

6 ‘‘TRAIL Act’’. 
3

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1 SEC. 2. CONSISTENT ENFORCEMENT AUTHORITY REGARD2 ING NATIONAL PARK SYSTEM LANDS, NA3 TIONAL FOREST LANDS, AND OTHER PUBLIC 

4 LANDS. 

5 (a) LANDS UNDER JURISDICTION OF BUREAU OF

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

7 Policy and Management Act of 1976 (43 U.S.C. 1733(a)) 

8 is amended—

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

10 (2) by striking the second sentence; and 

11 (3) by adding at the end the following new para12 graphs: 

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

14 comply with any of the provisions of this Act or any regula15 tion issued under this Act shall be guilty of a Class A mis16 demeanor, subject to fine as provided in section 3571 of title 

17 18, United States Code, or imprisonment as provided in 

18 section 3581 of that title, or both. 

19 ‘‘(3) Any person who otherwise violates or fails to com20 ply with any of the provisions of this Act or any regulation 

21 issued under this Act shall be guilty of a Class B mis22 demeanor, subject to fine or imprisonment, or both, as pro23 vided in such sections. A person who violates any such pro24 vision or regulation may also be adjudged to pay all costs 

25 of the proceedings.’’. 

26 (b) NATIONAL PARK SYSTEM LANDS.—
4

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1 (1) ENFORCEMENT.—Section 3 of the Act of Au2 gust 25, 1916 (popularly known as the National Park 

3 Service Organic Act; 16 U.S.C. 3) is amended—

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

5 first place it appears and inserting ‘‘(a) REGU6 LATIONS FOR USE AND MANAGEMENT OF NA7 TIONAL PARK SYSTEM; ENFORCEMENT.—(1) The 

8 Secretary’’; 

9 (B) by striking ‘‘Service,’’ and all that fol10 lows through ‘‘proceedings.’’ and inserting ‘‘Serv11 ice.’’; and 

12 (C) by inserting after the first sentence the 

13 following new paragraphs: 

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

15 comply with any rule or regulation issued under this sec16 tion shall be guilty of a Class A misdemeanor, subject to 

17 fine as provided in section 3571 of title 18, United States 

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

19 title, or both. 

20 ‘‘(3) Any person who otherwise violates or fails to com21 ply with any such rule or regulation shall be guilty of a 

22 Class B misdemeanor, subject to fine or imprisonment, or 

23 both, as provided in such sections. A person who violates 

24 any such rule or regulation may also be adjudged to pay 

25 all costs of the proceedings.’’. 
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1 (2) CONFORMING AMENDMENTS.—Such section is 

2 further amended—

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

4 place it appears and inserting the following:

5 ‘‘(b) SPECIAL MANAGEMENT AUTHORITIES.—The Sec6 retary of the Interior may’’; 

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

8 place it appears and inserting ‘‘The Secretary 

9 may’’; and 

10 (C) by striking ‘‘No natural,’’ and inserting 

11 the following: 

12 ‘‘(c) LEASE AND PERMIT AUTHORITIES.—No nat13 ural’’. 

14 (c) NATIONAL WILDLIFE REFUGE SYSTEM LANDS.—

15 Section 4(f) of the National Wildlife Refuge System Admin16 istration Act of 1966 (16 U.S.C. 668dd(f)) is amended—

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

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

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

20 a Class A misdemeanor, subject to fine as provided in 

21 section 3571 of title 18, United States Code, or im22 prisonment as provided in section 3581 of that title, 

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

24 regulation may also be adjudged to pay all costs of 

25 the proceedings.’’; and 
6

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

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

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

4 Class B misdemeanor, subject to fine as provided in 

5 section 3571 of title 18, United States Code, or im6 prisonment as provided in section 3581 of that title, 

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

8 regulation may also be adjudged to pay all costs of 

9 the proceedings.’’. 

10 (d) NATIONAL FOREST SYSTEM LANDS.—

11 (1) ENFORCEMENT.—The eleventh undesignated 

12 paragraph under the heading ‘‘SURVEYING THE PUB13 LIC LANDS’’ of the Act of June 4, 1897 (16 U.S.C. 

14 551), is amended—

15 (A) by striking ‘‘The Secretary of the Inte16 rior’’ and inserting the following: 

17 ‘‘SEC. 551. PROTECTION OF NATIONAL FORESTS; RULES 

18 AND REGULATIONS. 

19 ‘‘(a) REGULATIONS FOR USE AND PROTECTION OF NA20 TIONAL FOREST SYSTEM; ENFORCEMENT.—(1) The Sec21 retary of Agriculture’’; 

22 (B) by striking ‘‘destruction; and any’’ and 

23 all that follows through ‘‘or both.’’ and inserting 

24 ‘‘destruction.’’; and 
7

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1 (C) by inserting after ‘‘destruction.’’, as 

2 added by subparagraph (B), the following new 

3 paragraphs: 

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

5 comply with any rule or regulation made under paragraph 

6 (1) shall be guilty of a Class A misdemeanor, subject to fine 

7 as provided in section 3571 of title 18, United States Code, 

8 or imprisonment as provided in section 3581 of that title, 

9 or both. 

10 ‘‘(3) Any person who otherwise violates or fails to com11 ply with any such rule or regulation shall be guilty of a 

12 Class B misdemeanor, subject to fine or imprisonment, or 

13 both, as provided in such sections. A person who violates 

14 any such rule or regulation may also be adjudged to pay 

15 all costs of the proceedings.’’. 

16 (2) CONFORMING AMENDMENT.—Section 551 of 

17 such Act, as designated by paragraph (1), is further 

18 amended by striking ‘‘Any person’’ and inserting the 

19 following: 

20 ‘‘(b) PROCESS.—Any person’’. 

21 SEC. 3. CONSISTENT AUTHORITIES REGARDING USE OF 

22 COLLECTED FINES. 

23 (a) LANDS UNDER JURISDICTION OF BUREAU OF

24 LAND MANAGEMENT.—Section 305 of the Federal Land 
8

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1 Policy and Management Act of 1976 (43 U.S.C. 1735), is 

2 amended by adding at the end the following new subsection: 

3 ‘‘(d) USE OF COLLECTED FINES.—

4 ‘‘(1) AVAILABILITY AND AUTHORIZED USE.—Any 

5 moneys received by the United States as a result of 

6 a fine imposed under section 3571 of title 18, United 

7 States Code, for a violation of a regulation prescribed 

8 under section 303(a) shall be available to the Sec9 retary, without further appropriation and until ex10 pended, for the following purposes: 

11 ‘‘(A) To cover the cost to the United States 

12 of any improvement, protection, or rehabilitation 

13 work on the public lands rendered necessary by 

14 the action which led to the fine. 

15 ‘‘(B) To increase public awareness of regu16 lations and other requirements regarding the use 

17 of the public lands. 

18 ‘‘(C) To cover administrative, legal, and re19 lated expenses rendered necessary by the action 

20 which led to the fine. 

21 ‘‘(2) RETURN OF EXCESS FUNDS TO TREAS22 URY.—Moneys referred to in paragraph (1) that the 

23 Secretary determines are excess to the amounts nec24 essary to carry out the purposes specified in such 
9

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1 paragraph shall be transferred to miscellaneous re2 ceipts.’’. 

3 (b) NATIONAL PARK SYSTEM LANDS.—Section 3 of the 

4 Act of August 25, 1916 (popularly known as the National 

5 Park Service Organic Act; 16 U.S.C. 3), as amended by 

6 section 2(b), is further amended by adding at the end the 

7 following new subsection: 

8 ‘‘(d) USE OF COLLECTED FINES.—

9 ‘‘(1) AVAILABILITY AND AUTHORIZED USE.—Any 

10 moneys received by the United States as a result of 

11 a fine imposed under section 3571 of title 18, United 

12 States Code, for a violation of a rule or regulation 

13 prescribed under this section shall be available to the 

14 Secretary of the Interior, without further appropria15 tion and until expended, for the following purposes: 

16 ‘‘(A) To cover the cost to the United States 

17 of any improvement, protection, or rehabilitation 

18 work on the National Park System lands ren19 dered necessary by the action which led to the 

20 fine. 

21 ‘‘(B) To increase public awareness of rules, 

22 regulations, and other requirements regarding 

23 the use of such lands. 
10

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1 ‘‘(C) To cover administrative, legal, and re2 lated expenses rendered necessary by the action 

3 which led to the fine. 

4 ‘‘(2) RETURN OF EXCESS FUNDS TO TREAS5 URY.—Moneys referred to in paragraph (1) that the 

6 Secretary determines are excess to the amounts nec7 essary to carry out the purposes specified in such 

8 paragraph shall be transferred to miscellaneous re9 ceipts.’’.

10 (c) NATIONAL WILDLIFE REFUGE SYSTEM LANDS.—

11 Section 4(f) of the National Wildlife Refuge System Admin12 istration Act of 1966 (16 U.S.C. 668dd(f)), as amended by 

13 section 2(c), is further amended by adding at the end the 

14 following new paragraphs: 

15 ‘‘(3) USE OF COLLECTED FINES.—Any moneys 

16 received by the United States as a result of a fine im17 posed under section 3571 of title 18, United States 

18 Code, for a violation of this Act or a regulation issued 

19 thereunder shall be available to the Secretary, without 

20 further appropriation and until expended, for the fol21 lowing purposes: 

22 ‘‘(A) To cover the cost to the United States 

23 of any improvement, protection, or rehabilitation 

24 work on the System lands rendered necessary by 

25 the action which led to the fine. 
11

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1 ‘‘(B) To increase public awareness of rules, 

2 regulations, and other requirements regarding 

3 the use of System lands. 

4 ‘‘(C) To cover administrative, legal, and re5 lated expenses rendered necessary by the action 

6 which led to the fine. 

7 ‘‘(4) RETURN OF EXCESS FUNDS TO TREAS8 URY.—Moneys referred to in paragraph (3) that the 

9 Secretary determines are excess to the amounts nec10 essary to carry out the purposes specified in such 

11 paragraph shall be transferred to miscellaneous re12 ceipts.’’. 

13 (d) NATIONAL FOREST SYSTEM LANDS.—Section 7 of 

14 the Act of June 20, 1958 (16 U.S.C. 579c), is amended—

15 (1) by inserting ‘‘(a) TREATMENT OF CERTAIN

16 MONEYS RECEIVED ON BEHALF OF FOREST SERV17 ICE.—’’ before ‘‘Any moneys’’; 

18 (2) by striking ‘‘contract or (2)’’ and inserting 

19 ‘‘contract, (2)’’; 

20 (3) by inserting after ‘‘improvements,’’ the fol21 lowing: ‘‘or (3) as a result of a fine imposed under 

22 section 3571 of title 18, United States Code, for a vio23 lation of a rule or regulation prescribed by the Sec24 retary of Agriculture with respect to such lands,’’; 
12

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1 (4) by striking ‘‘to cover’’ and all that follows 

2 through the end of the section and inserting the fol3 lowing: ‘‘for the purposes specified in subsection (b).’’; 

4 and 

5 (5) by adding at the end the following new sub6 section: 

7 ‘‘(b) AUTHORIZED USE.—

8 ‘‘(1) IN GENERAL.—The moneys referred to in 

9 subsection (a) shall be available to the Secretary of 

10 Agriculture for the following purposes: 

11 ‘‘(A) To cover the cost to the United States 

12 of any improvement, protection, or rehabilitation 

13 work on National Forest System lands rendered 

14 necessary by the action which led to the fine, for15 feiture, judgment, compromise, or settlement. 

16 ‘‘(B) To increase public awareness of rules, 

17 regulations, and other requirements regarding 

18 the use of such lands. 

19 ‘‘(C) To cover administrative, legal, and re20 lated expenses rendered necessary by the action 

21 which led to the fine. 

22 ‘‘(2) RETURN OF EXCESS FUNDS TO TREAS23 URY.—Moneys referred to in subsection (a) that the 

24 Secretary determines are excess to the amounts nec25 essary to carry out the purposes specified in para-
13

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1 graph (1) shall be transferred to miscellaneous re2 ceipts.’’. 

3 SEC. 4. ESTABLISHMENT OF MINIMUM FINE FOR VIOLATION 

4 OF PUBLIC LAND FIRE REGULATIONS DURING 

5 FIRE BAN. 

6 (a) LANDS UNDER JURISDICTION OF BUREAU OF

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

8 Policy and Management Act of 1976 (43 U.S.C. 1733(a)), 

9 as amended by section 2(a), is further amended by adding 

10 at the end the following new paragraph: 

11 ‘‘(4) In the case of a regulation issued under this sec12 tion regarding the use of fire by individuals on the public 

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

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

15 ban on open fires, and resulted in damage to public or pri16 vate property, the fine may not be less than $500.’’. 

17 (b) NATIONAL PARK SYSTEM LANDS.—Subsection (a) 

18 of section 3 of the Act of August 25, 1916 (popularly known 

19 as the National Park Service Organic Act; 16 U.S.C. 3), 

20 as designated and amended by section 2(b), is further 

21 amended by adding at the end the following new paragraph: 

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

23 this subsection regarding the use of fire by individuals on 

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

25 the result of reckless conduct, occurred in an area subject 
14

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

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

3 $500.’’. 

4 (c) NATIONAL FOREST SYSTEM LANDS.—Subsection 

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

6 551), as designated and amended by section 2(d), which be7 fore such designation and amendment was the eleventh un8 designated paragraph under the heading ‘‘SURVEYING THE

9 PUBLIC LANDS’’ of such Act, is further amended by adding 

10 at the end the following new paragraph: 

11 ‘‘(4) In the case of such a rule or regulation regarding 

12 the use of fire by individuals on such lands, if the violation 

13 of the rule or regulation was the result of reckless conduct, 

14 occurred in an area subject to a complete ban on open fires, 

15 and resulted in damage to public or private property, the 

16 fine may not be less than $500.’’.

17 SECTION 1. SHORT TITLE. 

18 This Act may be cited as the ‘‘Trail Re19 sponsibility and Accountability for the Im20 provement of Lands Act’’ or ‘‘TRAIL Act’’. 
15

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1 SEC. 2. CONSISTENT ENFORCEMENT AUTHORITY REGARD2 ING NATIONAL PARK SYSTEM LANDS, NA3 TIONAL FOREST LANDS, AND OTHER PUBLIC 

4 LANDS. 

5 (a) LANDS UNDER JURISDICTION OF BUREAU

6 OF LAND MANAGEMENT.—Section 303(a) of the 

7 Federal Land Policy and Management Act of 

8 1976 (43 U.S.C. 1733(a)) is amended—

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

10 (2) by striking the second sentence; 

11 and 

12 (3) by adding at the end the following 

13 new paragraphs: 

14 ‘‘(2) Any person who knowingly violates or 

15 fails to comply with any of the provisions of

16 this Act or any regulation issued under this 

17 Act shall be guilty of a Class A misdemeanor, 

18 subject to fine as provided in section 3571 of 

19 title 18, United States Code, or imprisonment 

20 as provided in section 3581 of that title, or 

21 both. 

22 ‘‘(3) Any person who otherwise violates or 

23 fails to comply with any of the provisions of 

24 this Act or any regulation issued under this 

25 Act shall be guilty of a Class B misdemeanor, 

26 subject to fine or imprisonment, or both, as 
16

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1 provided in such sections. A person who vio2 lates any such provision or regulation may 

3 also be adjudged to pay all costs of the pro4 ceedings.’’. 

5 (b) NATIONAL PARK SYSTEM LANDS.—

6 (1) ENFORCEMENT.—Section 3 of the 

7 Act of August 25, 1916 (popularly known 

8 as the National Park Service Organic Act; 

9 16 U.S.C. 3) is amended—

10 (A) by striking ‘‘That the Sec11 retary’’ the first place it appears and 

12 inserting ‘‘(a) REGULATIONS FOR USE

13 AND MANAGEMENT OF NATIONAL PARK

14 SYSTEM; ENFORCEMENT.—(1) The Sec15 retary’’; 

16 (B) by striking ‘‘Service,’’ and all 

17 that follows through ‘‘proceedings.’’

18 and inserting ‘‘Service.’’; and 

19 (C) by inserting after the first 

20 sentence the following new para21 graphs: 

22 ‘‘(2) Any person who knowingly violates or 

23 fails to comply with any rule or regulation 

24 issued under this section shall be guilty of a 

25 Class A misdemeanor, subject to fine as pro-
17

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1 vided in section 3571 of title 18, United States 

2 Code, or imprisonment as provided in section 

3 3581 of that title, or both. 

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

5 fails to comply with any such rule or regula6 tion shall be guilty of a Class B misdemeanor, 

7 subject to fine or imprisonment, or both, as 

8 provided in such sections. A person who vio9 lates any such rule or regulation may also be 

10 adjudged to pay all costs of the proceedings.’’. 

11 (2) CONFORMING AMENDMENTS.—Such 

12 section is further amended—

13 (A) by striking ‘‘He may also’’ the 

14 first place it appears and inserting 

15 the following: 

16 ‘‘(b) SPECIAL MANAGEMENT AUTHORITIES.—

17 The Secretary of the Interior may’’; 

18 (B) by striking ‘‘He may also’’ the 

19 second place it appears and inserting 

20 ‘‘The Secretary may’’; and 

21 (C) by striking ‘‘No natural,’’ and 

22 inserting the following: 

23 ‘‘(c) LEASE AND PERMIT AUTHORITIES.—No 

24 natural’’. 
18

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1 (c) NATIONAL WILDLIFE REFUGE SYSTEM

2 LANDS.—Section 4(f) of the National Wildlife 

3 Refuge System Administration Act of 1966 (16 

4 U.S.C. 668dd(f)) is amended—

5 (1) in paragraph (1), by striking 

6 ‘‘fined under title 18, United States Code, 

7 or imprisoned for not more than 1 year, 

8 or both.’’ and inserting ‘‘guilty of a Class 

9 A misdemeanor, subject to fine as pro10 vided in section 3571 of title 18, United 

11 States Code, or imprisonment as pro12 vided in section 3581 of that title, or both. 

13 A person who violates any such provision 

14 or regulation may also be adjudged to 

15 pay all costs of the proceedings.’’; and 

16 (2) in paragraph (2), by striking 

17 ‘‘fined under title 18, United States Code, 

18 or imprisoned not more than 180 days, or 

19 both.’’ and inserting ‘‘guilty of a Class B 

20 misdemeanor, subject to fine as provided 

21 in section 3571 of title 18, United States 

22 Code, or imprisonment as provided in 

23 section 3581 of that title, or both. A per24 son who violates any such provision or 
19

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1 regulation may also be adjudged to pay 

2 all costs of the proceedings.’’. 

3 (d) NATIONAL FOREST SYSTEM LANDS.—

4 (1) ENFORCEMENT.—The eleventh un5 designated paragraph under the heading 

6 ‘‘SURVEYING THE PUBLIC LANDS’’ of the Act 

7 of June 4, 1897 (16 U.S.C. 551), is amend8 ed—

9 (A) by striking ‘‘The Secretary of 

10 the Interior’’ and inserting the fol11 lowing: 

12 ‘‘SEC. 551. PROTECTION OF NATIONAL FORESTS; RULES 

13 AND REGULATIONS. 

14 ‘‘(a) REGULATIONS FOR USE AND PROTECTION

15 OF NATIONAL FOREST SYSTEM; ENFORCEMENT.—

16 (1) The Secretary of Agriculture’’; 

17 (B) by striking ‘‘destruction; and 

18 any’’ and all that follows through ‘‘or 

19 both.’’ and inserting ‘‘destruction.’’; 

20 and 

21 (C) by inserting after ‘‘destruc22 tion.’’, as added by subparagraph (B), 

23 the following new paragraphs: 

24 ‘‘(2) Any person who knowingly violates or 

25 fails to comply with any rule or regulation 
20

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1 made under paragraph (1) shall be guilty of 

2 a Class A misdemeanor, subject to fine as pro3 vided in section 3571 of title 18, United States 

4 Code, or imprisonment as provided in section 

5 3581 of that title, or both. 

6 ‘‘(3) Any person who otherwise violates or 

7 fails to comply with any such rule or regula8 tion shall be guilty of a Class B misdemeanor, 

9 subject to fine or imprisonment, or both, as 

10 provided in such sections. A person who vio11 lates any such rule or regulation may also be 

12 adjudged to pay all costs of the proceedings.’’.

13 (2) CONFORMING AMENDMENT.—Section 

14 551 of such Act, as designated by para15 graph (1), is further amended by striking 

16 ‘‘Any person’’ and inserting the following: 

17 ‘‘(b) PROCESS.—Any person’’. 

18 SEC. 3. ESTABLISHMENT OF MINIMUM FINE FOR VIOLA19 TION OF PUBLIC LAND FIRE REGULATIONS 

20 DURING FIRE BAN. 

21 (a) LANDS UNDER JURISDICTION OF BUREAU

22 OF LAND MANAGEMENT.—Section 303(a) of the 

23 Federal Land Policy and Management Act of 

24 1976 (43 U.S.C. 1733(a)), as amended by sec-
21

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1 tion 2(a), is further amended by adding at the 

2 end the following new paragraph: 

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

4 under this section regarding the use of fire by 

5 individuals on the public lands, if the viola6 tion of the regulation was the result of reck7 less conduct, occurred in an area subject to a 

8 complete ban on open fires, and resulted in 

9 damage to public or private property, the fine 

10 may not be less than $500.’’. 

11 (b) NATIONAL PARK SYSTEM LANDS.—Sub12 section (a) of section 3 of the Act of August 25, 

13 1916 (popularly known as the National Park 

14 Service Organic Act; 16 U.S.C. 3), as des15 ignated and amended by section 2(b), is fur16 ther amended by adding at the end the fol17 lowing new paragraph: 

18 ‘‘(4) In the case of a rule or regulation 

19 issued under this subsection regarding the 

20 use of fire by individuals on such lands, if the 

21 violation of the rule or regulation was the re22 sult of reckless conduct, occurred in an area 

23 subject to a complete ban on open fires, and 

24 resulted in damage to public or private prop25 erty, the fine may not be less than $500.’’. 
22

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1 (c) NATIONAL FOREST SYSTEM LANDS.—Sub2 section (a) of section 551 of the Act of June 

3 4, 1897 (16 U.S.C. 551), as designated and 

4 amended by section 2(d), which before such 

5 designation and amendment was the eleventh 

6 undesignated paragraph under the heading 

7 ‘‘SURVEYING THE PUBLIC LANDS’’ of such Act, is 

8 further amended by adding at the end the fol9 lowing new paragraph: 

10 ‘‘(4) In the case of such a rule or regula11 tion regarding the use of fire by individuals 

12 on such lands, if the violation of the rule or 

13 regulation was the result of reckless conduct, 

14 occurred in an area subject to a complete ban 

15 on open fires, and resulted in damage to pub16 lic or private property, the fine may not be 

17 less than $500.’’.

Union Calendar No. 338

108TH CONGRESS 

2D SESSION H. R. 3247

[Report No. 108–511, Parts I and II] 

A BILL

To provide consistent enforcement authority to the 

for other purposes. poses for which collected fines may be used, and risdiction of these agencies, to clarify the 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 Wildlife Bureau of Land Management, the National Park 

JUNE 30, 2004

Reported from the Committee on the Judiciary with an 

printed House on the State of the Union, and ordered to be amendment, committed to the Committee of the Whole