I

107TH CONGRESS

1ST SESSION H. R. 1382

To authorize increased fines for improper use of vehicles that results in

damage to public lands or national forests, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 3, 2001

Mr. UDALL of Colorado introduced the following bill; which was referred to

the Committee on Resources, and in addition to the Committees on Agriculture and the Judiciary, 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

A BILL

To authorize increased fines for improper use of vehicles

that results in damage to public lands or national forests,

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; FINDINGS; PURPOSES.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Responsible Off-Road Vehicle Enforcement and Re6 sponse Act’’.

7 (b) FINDINGS.—The Congress finds the following:
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1 (1) The public lands managed by the Bureau of

2 Land Management and the Federal lands within the

3 National Forest System provide important opportu4 nities for recreational activities as well as for other

5 uses.

6 (2) The use of vehicles on such lands for rec7 reational and other purposes is appropriate and

8 should be permitted to continue.

9 (3) Use of vehicles, whether motorized or non10 motorized, on such lands can result in damage and

11 should occur only where consistent with the other

12 purposes for which those lands are managed and in

13 compliance with all applicable requirements or regu14 lations.

15 (4) Violations of such requirements or regula16 tions should be subject to fines commensurate with

17 the severity of any damages resulting from such vio18 lations.

19 (5) Current law should be revised so that the

20 Secretary of the Interior and the Secretary of Agri21 culture can impose more appropriate fines for viola22 tions of such requirements or regulations and can

23 require violators to reimburse the United States for

24 restoration or other costs resulting from such viola25 tions.
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1 (c) PURPOSES.—The purposes of this Act are as fol2 lows:

3 (1) To authorize imposition of appropriate fines

4 for violations of requirements or regulations regard5 ing use of vehicles on public lands or on Federal

6 lands within the National Forest System that result

7 in damage to such lands.

8 (2) To authorize immediate use of funds re9 ceived as a result of the imposition of such fines for

10 restoration or other treatment of lands damaged by

11 such violations, for increasing public awareness of

12 the regulations applicable to use of vehicles on such

13 lands, and for defraying the costs of enforcing such

14 regulations.

15 SEC. 2. PUBLIC LANDS.

16 (a) FINES.—Section 303(a) of the Federal Land Pol17 icy and Management Act of 1976 (43 U.S.C. 1733(a)) is

18 amended—

19 (1) by striking ‘‘(a) The’’ and inserting ‘‘(a)(1)

20 The’’; and

21 (2) by adding after paragraph (1) (as so des22 ignated above) the following new paragraph:

23 ‘‘(2) Notwithstanding any other provision of law (in24 cluding section 3571 of title 18, United States Code), the

25 Secretary may impose a fine of no more than $10,000 or
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1 an amount equal to the cost to the United States of any

2 improvement, protection, or rehabilitation work on the

3 public lands rendered necessary by damages to such lands

4 resulting from violation of any regulation or other require5 ment regarding use of any vehicle over such lands, which6 ever amount is greater. Notwithstanding any other provi7 sion of law, such a violation not resulting in death shall

8 be considered a Class B misdemeanor.’’.

9 (b) USE OF FINES.—Section 305 of the Federal

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

11 1735), is amended by adding at the end the following new

12 subsection:

13 ‘‘(d) Any moneys received by the United States as

14 a result of a fine imposed pursuant to section 303(a)(2)

15 shall be available to the Secretary, without further appro16 priation, and shall be used—

17 ‘‘(1) to cover the administrative, legal, and re18 lated expenses, including damage assessments, pay19 ments of rewards for information, and investigative

20 costs of enforcing regulations or other requirements

21 regarding use of vehicles on public lands;

22 ‘‘(2) to cover the costs of any improvement,

23 protection, or rehabilitation work on public lands;

24 and
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1 ‘‘(3) to increase public awareness of regulations

2 and other requirements regarding recreational use of

3 vehicles on public lands.’’.

4 SEC. 3. NATIONAL FOREST LANDS.

5 (a) VEHICLE VIOLATIONS.—Section 1 of the Act of

6 June 4, 1897 (16 U.S.C. 551), is amended—

7 (1) by striking ‘‘The Secretary of Agriculture’’

8 and inserting ‘‘(a) IN GENERAL.—The Secretary of

9 Agriculture’’; and

10 (2) by adding at the end the following new sub11 section:

12 ‘‘(b) FINES FOR VEHICLE VIOLATIONS.—Notwith13 standing any other provision of law (including section

14 3571 of title 18, United States Code), the Secretary may

15 impose a fine of no more than $10,000 or any amount

16 equal to the cost to the United States of any improvement,

17 protection, or rehabilitation work on lands managed by the

18 Forest Service rendered necessary by damages to such

19 lands resulting from violation of any regulation or require20 ment regarding use of any vehicle on such lands, which21 ever amount is greater. Notwithstanding any other provi22 sion of law, such a violation not resulting in death shall

23 be considered a Class B misdemeanor.’’.

24 (b) USE OF FINES.—Section 7 of the Act of June

25 20, 1958 (16 U.S.C. 579c), is amended—
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1 (1) by inserting ‘‘administrative, legal, and re2 lated expenses, including damage assessments, pay3 ments of rewards for information, and investigative

4 costs, incurred in connection with such claim, and

5 all’’ after ‘‘cost to the United States of any’’; and

6 (2) by striking ‘‘Provided’’ and all that follows

7 at the end of such section and inserting the fol8 lowing: ‘‘Provided, That any portion of the moneys

9 so received in excess of the amounts expended for

10 such purposes shall be similarly made available to be

11 used for enforcement and increased public awareness

12 of the regulations and other requirements regarding

13 activities on such lands, including the regulations

14 and requirements regarding the use of vehicles on

15 such lands.’’.

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