IB 
Union Calendar No. 338
108TH CONGRESS 
2D SESSION 
H. R. 3247
[Report No. 108–511, Parts I and II] 
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, to clarify the purposes for which 
collected fines may be used, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 2, 2003
Mr. TANCREDO (for himself, Mr. MCINNIS, and Mr. UDALL of Colorado) in-
troduced the following bill; which was referred to the Committee on Re-
sources, and in addition to the Committee on Agriculture, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
MAY 20, 2004
Reported from the Committee on Resources with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
MAY 20, 2004
Referral to the Committee on Agriculture extended for a period ending not 
later than May 20, 2004
MAY 20, 2004
The Committee on Agriculture discharged 
MAY 20, 2004
Referred to the Committee on the Judiciary for a period ending not later than 
June 30, 2004, for consideration of such provisions of the bill and 
amendment as fall within the jurisdiction of that committee pursuant to 
clause 1(k), rule X
JUNE 30, 2004
Additional sponsors: Mr. BEAUPREZ, Mr. OTTER, Mr. SHIMKUS, Mr. 
ACEVEDO-VILA´, Mr. RADANOVICH, Mr. SIMPSON, Mr. GREEN of Wis-
consin, Mrs. CUBIN, Mr. CANNON, Mr. GIBBONS, Mr. PETERSON of 
Pennsylvania, Mr. PORTER, Mr. STUPAK, Mr. MATHESON, and Mr. BOU-
CHER 
JUNE 30, 2004
Reported from the Committee on the Judiciary with an amendment, com-
mitted to the Committee of the Whole House on the State of the Union, 
and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in boldface roman] 
[For text of introduced bill, see copy of bill as introduced on October 2, 2003] 
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, to clarify the 
purposes 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 ‘‘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 para-
graphs: 
‘‘(2) Any person who knowingly violates or fails to 
comply with any of the provisions of this Act or any regula-
tion issued under this Act shall be guilty of a Class A mis-
demeanor, 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 com-
ply with any of the provisions of this Act or any regulation 
issued under this Act shall be guilty of a Class B mis-
demeanor, subject to fine or imprisonment, or both, as pro-
vided in such sections. A person who violates any such pro-
vision 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 Au-
gust 25, 1916 (popularly known as the National Park 
Service Organic Act; 16 U.S.C. 3) is amended—
(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 ‘‘Serv-
ice.’’; 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 com-
ply with any such rule or regulation 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 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 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 WILDLIFE REFUGE SYSTEM LANDS.—
Section 4(f) of the National Wildlife Refuge System Admin-
istration 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 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.’’; and
(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.—
(1) ENFORCEMENT.—The eleventh undesignated 
paragraph under the heading ‘‘SURVEYING THE PUB-
LIC LANDS’’ of the Act of June 4, 1897 (16 U.S.C. 
551), is amended—
(A) by striking ‘‘The Secretary of the Inte-
rior’’ and inserting the following: 
‘‘SEC. 551. PROTECTION OF NATIONAL FORESTS; RULES 
AND REGULATIONS. 
‘‘(a) REGULATIONS FOR USE AND PROTECTION OF NA-
TIONAL FOREST SYSTEM; ENFORCEMENT.—(1) The Sec-
retary of Agriculture’’; 
(B) by striking ‘‘destruction; and any’’ and 
all that follows through ‘‘or both.’’ and inserting 
‘‘destruction.’’; and
(C) by inserting after ‘‘destruction.’’, as 
added by subparagraph (B), the following new 
paragraphs: 
‘‘(2) Any person who knowingly violates or fails to 
comply with any rule or regulation made under paragraph 
(1) 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 com-
ply with any such rule or regulation 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 rule or regulation may also be adjudged to pay 
all costs of the proceedings.’’. 
(2) CONFORMING AMENDMENT.—Section 551 of 
such Act, as designated by paragraph (1), is further 
amended by striking ‘‘Any person’’ and inserting the 
following: 
‘‘(b) PROCESS.—Any person’’. 
SEC. 3. CONSISTENT AUTHORITIES REGARDING USE OF 
COLLECTED FINES. 
(a) LANDS UNDER JURISDICTION
OF BUREAU
OF 
LAND MANAGEMENT.—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) USE OF COLLECTED FINES.—
‘‘(1) AVAILABILITY AND AUTHORIZED USE.—Any 
moneys received by the United States as a result of 
a fine imposed under section 3571 of title 18, United 
States Code, for a violation of a regulation prescribed 
under section 303(a) shall be available to the Sec-
retary, without further appropriation and until ex-
pended, for the following purposes: 
‘‘(A) To cover the cost to the United States 
of any improvement, protection, or rehabilitation 
work on the public lands rendered necessary by 
the action which led to the fine. 
‘‘(B) To increase public awareness of regu-
lations and other requirements regarding the use 
of the public lands. 
‘‘(C) To cover administrative, legal, and re-
lated expenses rendered necessary by the action 
which led to the fine. 
‘‘(2) RETURN
OF
EXCESS
FUNDS
TO
TREAS-
URY.—Moneys referred to in paragraph (1) that the 
Secretary determines are excess to the amounts nec-
essary to carry out the purposes specified in such
paragraph shall be transferred to miscellaneous re-
ceipts.’’. 
(b) NATIONAL PARK SYSTEM LANDS.—Section 3 of the 
Act of August 25, 1916 (popularly known as the National 
Park Service Organic Act; 16 U.S.C. 3), as amended by 
section 2(b), is further amended by adding at the end the 
following new subsection: 
‘‘(d) USE OF COLLECTED FINES.—
‘‘(1) AVAILABILITY AND AUTHORIZED USE.—Any 
moneys received by the United States as a result of 
a fine imposed under section 3571 of title 18, United 
States Code, for a violation of a rule or regulation 
prescribed under this section shall be available to the 
Secretary of the Interior, without further appropria-
tion and until expended, for the following purposes: 
‘‘(A) To cover the cost to the United States 
of any improvement, protection, or rehabilitation 
work on the National Park System lands ren-
dered necessary by the action which led to the 
fine. 
‘‘(B) To increase public awareness of rules, 
regulations, and other requirements regarding 
the use of such lands.
‘‘(C) To cover administrative, legal, and re-
lated expenses rendered necessary by the action 
which led to the fine. 
‘‘(2) RETURN
OF
EXCESS
FUNDS
TO
TREAS-
URY.—Moneys referred to in paragraph (1) that the 
Secretary determines are excess to the amounts nec-
essary to carry out the purposes specified in such 
paragraph shall be transferred to miscellaneous re-
ceipts.’’.
(c) NATIONAL WILDLIFE REFUGE SYSTEM LANDS.—
Section 4(f) of the National Wildlife Refuge System Admin-
istration Act of 1966 (16 U.S.C. 668dd(f)), as amended by 
section 2(c), is further amended by adding at the end the 
following new paragraphs: 
‘‘(3) USE OF COLLECTED FINES.—Any moneys 
received by the United States as a result of a fine im-
posed under section 3571 of title 18, United States 
Code, for a violation of this Act or a regulation issued 
thereunder shall be available to the Secretary, without 
further appropriation and until expended, for the fol-
lowing purposes: 
‘‘(A) To cover the cost to the United States 
of any improvement, protection, or rehabilitation 
work on the System lands rendered necessary by 
the action which led to the fine.
‘‘(B) To increase public awareness of rules, 
regulations, and other requirements regarding 
the use of System lands. 
‘‘(C) To cover administrative, legal, and re-
lated expenses rendered necessary by the action 
which led to the fine. 
‘‘(4) RETURN
OF
EXCESS
FUNDS
TO
TREAS-
URY.—Moneys referred to in paragraph (3) that the 
Secretary determines are excess to the amounts nec-
essary to carry out the purposes specified in such 
paragraph shall be transferred to miscellaneous re-
ceipts.’’. 
(d) NATIONAL FOREST SYSTEM LANDS.—Section 7 of 
the Act of June 20, 1958 (16 U.S.C. 579c), is amended—
(1) by inserting ‘‘(a) TREATMENT OF CERTAIN 
MONEYS RECEIVED ON BEHALF OF FOREST SERV-
ICE.—’’ before ‘‘Any moneys’’; 
(2) by striking ‘‘contract or (2)’’ and inserting 
‘‘contract, (2)’’; 
(3) by inserting after ‘‘improvements,’’ the fol-
lowing: ‘‘or (3) as a result of a fine imposed under 
section 3571 of title 18, United States Code, for a vio-
lation of a rule or regulation prescribed by the Sec-
retary of Agriculture with respect to such lands,’’;
(4) by striking ‘‘to cover’’ and all that follows 
through the end of the section and inserting the fol-
lowing: ‘‘for the purposes specified in subsection (b).’’; 
and 
(5) by adding at the end the following new sub-
section: 
‘‘(b) AUTHORIZED USE.—
‘‘(1) IN GENERAL.—The moneys referred to in 
subsection (a) shall be available to the Secretary of 
Agriculture for the following purposes: 
‘‘(A) To cover the cost to the United States 
of any improvement, protection, or rehabilitation 
work on National Forest System lands rendered 
necessary by the action which led to the fine, for-
feiture, judgment, compromise, or settlement. 
‘‘(B) To increase public awareness of rules, 
regulations, and other requirements regarding 
the use of such lands. 
‘‘(C) To cover administrative, legal, and re-
lated expenses rendered necessary by the action 
which led to the fine. 
‘‘(2) RETURN
OF
EXCESS
FUNDS
TO
TREAS-
URY.—Moneys referred to in subsection (a) that the 
Secretary determines are excess to the amounts nec-
essary to carry out the purposes specified in para-
graph (1) shall be transferred to miscellaneous re-
ceipts.’’. 
SEC. 4. ESTABLISHMENT 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)), 
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 pri-
vate 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 
(a) of section 551 of the Act of June 4, 1897 (16 U.S.C. 
551), as designated and amended by section 2(d), which be-
fore such designation and amendment was the eleventh un-
designated paragraph under the heading ‘‘SURVEYING THE 
PUBLIC LANDS’’ of such Act, is further amended by adding 
at the end the following new paragraph: 
‘‘(4) In the case of such a rule or regulation 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.’’.
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Trail Re-
sponsibility and Accountability for the Im-
provement of Lands Act’’ or ‘‘TRAIL Act’’.