II 
108TH CONGRESS 
2D SESSION 
H. R. 3247 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 29, 2004 
Received 
AN ACT 
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.
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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 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.
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‘‘(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
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‘‘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
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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
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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
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damage to public or private property, the fine may not 
be less than $500.’’. 
Passed the House of Representatives September 28, 
2004. 
Attest: 
JEFF TRANDAHL, 
Clerk.