ministration 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 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 FORESTS; REGULA-
TIONS.
‘‘(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 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 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.’’.
Passed the House of Representatives September 28,
2004.
Attest:
Clerk.