IB 
Union Calendar No. 156
108TH CONGRESS 
1ST SESSION H. R. 1038
[Report No. 108–218, Parts I, II, and III] 
To increase the penalties to be imposed for a violation of fire regulations 
applicable to the public lands, National Park System lands, or National 
Forest System lands when the violation results in damage to public 
or private property, to specify the purpose for which collected fines 
may be used, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 27, 2003
Mr. TANCREDO (for himself, Mr. MCINNIS, Mr. UDALL of Colorado, Mr. 
BEAUPREZ, Mrs. MUSGRAVE, and Mr. HEFLEY) 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 deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
JULY 17, 2003
Reported from the Committee on Resources 
JULY 17, 2003
Referral to the Committee on Agriculture extended for a period ending not 
later than September 15, 2003
JULY 17, 2003
Referred to the Committee on the Judiciary for a period ending not later than 
September 15, 2003, for consideration of such provisions of the bill as 
fall within the jurisdiction of that committee pursuant to clause 1(k),
rule X 
SEPTEMBER 15, 2003
Additional sponsors: Ms. DEGETTE, Mr. RENZI, Mr. HAYWORTH, Mr. 
GALLEGLY, Mr. RADANOVICH, and Mr. BLUMENAUER 
SEPTEMBER 15, 2003
Reported from the Committee on the Judiciary with amendments
[Strike out all after the enacting clause and insert the part printed in italic] 
SEPTEMBER 15, 2003
Committee on Agriculture discharged; committed to the Committee of the 
Whole House on the State of the Union and ordered to be printed 
A BILL 
To increase the penalties to be imposed for a violation of 
fire regulations applicable to the public lands, National 
Park System lands, or National Forest System lands 
when the violation results in damage to public or private 
property, to specify the purpose for which collected fines 
may be used, 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 ‘‘Public Lands Fire 
Regulations Enforcement Act of 2003’’. 
SEC. 2. PENALTIES FOR VIOLATION OF PUBLIC LAND FIRE 
REGULATIONS
RESULTING
IN
PROPERTY 
DAMAGE. 
(a) INCREASED PENALTIES ON INTERIOR LANDS.—
Notwithstanding section 303(a) of the Federal Land Pol-
icy and Management Act of 1976 (43 U.S.C. 1733(a)) or 
section 3 of the Act of August 25, 1916 (16 U.S.C. 3), 
a violation of the rules regulating the use of fire by visitors 
and other users of lands administered by the Bureau of 
Land Management or National Park System lands shall
be punished by a fine of not less than $1,000 or imprison-
ment for not more than one year, or both, if the violation 
results in damage to public or private property. 
(b) INCREASED PENALTIES ON NATIONAL FOREST 
SYSTEM LANDS.—Notwithstanding the eleventh undesig-
nated paragraph under the heading ‘‘SURVEYING THE 
PUBLIC LANDS’’ of the Act of June 4, 1897 (16 U.S.C. 
551), a violation of the rules regulating the use of fire 
by visitors and other users of National Forest System 
lands shall be punished by a fine of not less than $1,000 
or imprisonment for not more than one year, or both, if 
the violation results in damage to public or private prop-
erty. 
(c) RELATION TO OTHER SENTENCE OF FINE AU-
THORITY.—The maximum fine amount specified in sub-
sections (a) and (b) applies in lieu of the fine otherwise 
applicable under section 3571 of title 18, United States 
Code. 
(d) USE OF COLLECTED FINES.—Any moneys re-
ceived by the United States as a result of a fine imposed 
for a violation of fire rules applicable to lands adminis-
tered by the Bureau of Land Management, National Park 
System lands, or National Forest System lands shall be 
available to the Secretary of the Interior or the Secretary
of Agriculture, as the case may be, without further appro-
priation and until expended, for the following purposes: 
(1) To cover the cost to the United States of 
any improvement, protection, or rehabilitation work 
rendered necessary by the action that resulted in the 
fine. 
(2) To reimburse the affected agency for the 
cost of the response to the action that resulted in 
the fine, including investigations, damage assess-
ments, and legal actions. 
(3) To increase public awareness of rules, regu-
lations, and other requirements regarding the use of 
fire on public lands.
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Public Lands Fire Regu-
lations Enforcement Act of 2003’’. 
SEC. 2. INCREASE IN MAXIMUM FINES FOR VIOLATION OF 
PUBLIC LAND REGULATIONS AND ESTABLISH-
MENT 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)) 
is amended—
(1) in the second sentence, by striking ‘‘no more 
than $1,000’’ and inserting ‘‘as provided in title 18, 
United States Code,’’; and 
(2) by inserting after the second sentence the fol-
lowing: ‘‘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 dam-
age to public or private property, the fine may not 
be less than $500.’’. 
(b) NATIONAL PARK SYSTEM LANDS.—
(1) FINES.—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’’ at the 
beginning of the section and inserting ‘‘(a) REG-
ULATIONS FOR USE AND MANAGEMENT OF NA-
TIONAL
PARK
SYSTEM; ENFORCEMENT.—The 
Secretary’’; 
(B) by striking ‘‘$500’’ and inserting 
‘‘$10,000’’; and 
(C) by inserting after the first sentence the 
following: ‘‘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 com-
plete ban on open fires, and resulted in damage 
to public or private property, the fine may not 
be less than $500.’’. 
(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 Sec-
retary 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 nat-
ural’’. 
(c) 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—
(1) by striking ‘‘$500’’ and inserting ‘‘$10,000’’; 
and