I 
109TH CONGRESS 
1ST SESSION 
H. R. 975 
To provide consistent enforcement authority to the Bureau of Land Manage-
ment, 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. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 17, 2005 
Mr. TANCREDO (for himself, Mr. UDALL of Colorado, Mr. BEAUPREZ, Mr. 
OTTER, Mr. HEFLEY, and Mrs. MUSGRAVE) 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 
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, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives 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 REGARD-
ING NATIONAL PARK SYSTEM LANDS, NA-
TIONAL FOREST SYSTEM 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 regu-
lation 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 pro-
vided 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 regu-
lation 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 amend-
ed— 
(A) by striking ‘‘That the Secretary’’ the 
first place it appears and inserting ‘‘(a) REGU-
LATIONS FOR USE AND MANAGEMENT OF NA-
TIONAL PARK SYSTEM; ENFORCEMENT.—(1) 
The Secretary’’; 
(B) by striking ‘‘Service,’’ and all that fol-
lows 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 sec-
tion 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 rule or regulation issued under this sec-
tion shall be guilty of a Class B misdemeanor, subject to 
fine or imprisonment, or both, as provided in such sec-
tions. 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 insert-
ing the following: 
‘‘(c) LEASE AND PERMIT AUTHORITIES.—No nat-
ural’’. 
(c) NATIONAL WILDLIFE REFUGE SYSTEM LANDS.— 
Section 4(f) of the National Wildlife Refuge System Ad-
ministration Act of 1966 (16 U.S.C. 668dd(f)) is amend-
ed— 
(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 provi-
sion 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 im-
prisonment 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 elev-
enth undesignated paragraph under the heading ‘‘SUR-
VEYING 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 FOREST SYSTEM 
LANDS; REGULATIONS. 
‘‘(a) REGULATIONS FOR USE AND PROTECTION OF 
NATIONAL FOREST SYSTEM.—The Secretary of Agri-
culture shall make provisions for the protection of the Na-
tional Forest System (as defined in section 11 of the For-
est 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 occu-
pancy and use and to protect National Forest System 
lands 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 and 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) Any person who otherwise violates any regula-
tion issued under subsection (a) shall be guilty of a Class 
B misdemeanor and shall be subject to a fine as provided 
in section 3571 of title 18, United States Code, or impris-
onment as provided in section 3581 of that title, or both. 
‘‘(3) 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 vio-
lation 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 sub-
sections (b) through (e) of section 3401 of title 18, United 
States Code.’’. 
SEC. 3. ESTABLISHMENT OF MINIMUM FINE FOR VIOLA-
TION 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 sec-
tion 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 sub-
section (a) regarding the use of fire by individuals on Na-
tional Forest System lands, if the violation of the regula-
tion 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.’’. 
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