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 Agri-
culture and the Judiciary, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall with-
in 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS; PURPOSES.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Responsible Off-Road Vehicle Enforcement and Re-
sponse Act’’.
(b) FINDINGS.—The Congress finds the following:
(1) The public lands managed by the Bureau of
Land Management and the Federal lands within the
National Forest System provide important opportu-
nities for recreational activities as well as for other
uses.
(2) The use of vehicles on such lands for rec-
reational and other purposes is appropriate and
should be permitted to continue.
(3) Use of vehicles, whether motorized or non-
motorized, on such lands can result in damage and
should occur only where consistent with the other
purposes for which those lands are managed and in
compliance with all applicable requirements or regu-
lations.
(4) Violations of such requirements or regula-
tions should be subject to fines commensurate with
the severity of any damages resulting from such vio-
lations.
(5) Current law should be revised so that the
Secretary of the Interior and the Secretary of Agri-
culture can impose more appropriate fines for viola-
tions of such requirements or regulations and can
require violators to reimburse the United States for
restoration or other costs resulting from such viola-
tions.
(c) PURPOSES.—The purposes of this Act are as fol-
lows:
(1) To authorize imposition of appropriate fines
for violations of requirements or regulations regard-
ing use of vehicles on public lands or on Federal
lands within the National Forest System that result
in damage to such lands.
(2) To authorize immediate use of funds re-
ceived as a result of the imposition of such fines for
restoration or other treatment of lands damaged by
such violations, for increasing public awareness of
the regulations applicable to use of vehicles on such
lands, and for defraying the costs of enforcing such
regulations.
SEC. 2. PUBLIC LANDS.
(a) FINES.—Section 303(a) of the Federal Land Pol-
icy and Management Act of 1976 (43 U.S.C. 1733(a)) is
amended—
(1) by striking ‘‘(a) The’’ and inserting ‘‘(a)(1)
The’’; and
(2) by adding after paragraph (1) (as so des-
ignated above) the following new paragraph:
‘‘(2) Notwithstanding any other provision of law (in-
cluding section 3571 of title 18, United States Code), the
Secretary may impose a fine of no more than $10,000 or
an amount equal to the cost to the United States of any
improvement, protection, or rehabilitation work on the
public lands rendered necessary by damages to such lands
resulting from violation of any regulation or other require-
ment regarding use of any vehicle over such lands, which-
ever amount is greater. Notwithstanding any other provi-
sion of law, such a violation not resulting in death shall
be considered a Class B misdemeanor.’’.
(b) USE OF FINES.—Section 305 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C.
1735), is amended by adding at the end the following new
subsection:
‘‘(d) Any moneys received by the United States as
a result of a fine imposed pursuant to section 303(a)(2)
shall be available to the Secretary, without further appro-
priation, and shall be used—
‘‘(1) to cover the administrative, legal, and re-
lated expenses, including damage assessments, pay-
ments of rewards for information, and investigative
costs of enforcing regulations or other requirements
regarding use of vehicles on public lands;
‘‘(2) to cover the costs of any improvement,
protection, or rehabilitation work on public lands;
and
‘‘(3) to increase public awareness of regulations
and other requirements regarding recreational use of
vehicles on public lands.’’.
SEC. 3. NATIONAL FOREST LANDS.
(a) VEHICLE VIOLATIONS.—Section 1 of the Act of
June 4, 1897 (16 U.S.C. 551), is amended—
(1) by striking ‘‘The Secretary of Agriculture’’
and inserting ‘‘(a) IN GENERAL.—The Secretary of
Agriculture’’; and
(2) by adding at the end the following new sub-
section:
‘‘(b) FINES FOR VEHICLE VIOLATIONS.—Notwith-
standing any other provision of law (including section
3571 of title 18, United States Code), the Secretary may
impose a fine of no more than $10,000 or any amount
equal to the cost to the United States of any improvement,
protection, or rehabilitation work on lands managed by the
Forest Service rendered necessary by damages to such
lands resulting from violation of any regulation or require-
ment regarding use of any vehicle on such lands, which-
ever amount is greater. Notwithstanding any other provi-
sion of law, such a violation not resulting in death shall
be considered a Class B misdemeanor.’’.
(b) USE OF FINES.—Section 7 of the Act of June
20, 1958 (16 U.S.C. 579c), is amended—
(1) by inserting ‘‘administrative, legal, and re-
lated expenses, including damage assessments, pay-
ments of rewards for information, and investigative
costs, incurred in connection with such claim, and
all’’ after ‘‘cost to the United States of any’’; and
(2) by striking ‘‘Provided’’ and all that follows
at the end of such section and inserting the fol-
lowing: ‘‘Provided, That any portion of the moneys
so received in excess of the amounts expended for
such purposes shall be similarly made available to be
used for enforcement and increased public awareness
of the regulations and other requirements regarding
activities on such lands, including the regulations
and requirements regarding the use of vehicles on
such lands.’’.
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