I
107TH CONGRESS
2D SESSION
H. R. 3808
To provide consistent enforcement authority to the Bureau of Land Manage-
ment, the National Park Service, and the Forest Service to respond
to violations of regulations regarding the management, use, and protec-
tion of the public lands, National Park System lands, and National
Forest System lands, to clarify the purposes for which collected fines
may be used, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 27, 2002
Mr. MCINNIS introduced the following bill; which was referred to the Com-
mittee on Resources, and in addition to the Committee on Agriculture,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of the
committee concerned
A BILL
To provide consistent enforcement authority to the Bureau
of Land Management, the National Park Service, and
the Forest Service to respond to violations of regulations
regarding the management, use, and protection of the
public lands, National Park System lands, and National
Forest System lands, 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 ‘‘Consistent Public
Land Laws Enforcement Act of 2002’’.
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 by striking the second sentence and
inserting the following new sentences: ‘‘A violation of any
such regulation shall be a Class B misdemeanor, except
that a person who knowingly and willfully violates any
such regulation 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 sec-
tion 3581 of that title, or both. A person who violates any
such 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 amended
in the first sentence—
(A) by striking ‘‘That the Secretary’’ and
inserting ‘‘(a) REGULATIONS
FOR USE
AND
MANAGEMENT
OF NATIONAL PARK SYSTEM;
ENFORCEMENT.—The Secretary’’; and
(B) by striking ‘‘Service,’’ and all that fol-
lows through ‘‘proceedings.’’ and inserting the
following: ‘‘Service. A violation of any such rule
or regulation shall be a Class B misdemeanor,
except that a person who knowingly and will-
fully violates any such rule or regulation 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. 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
Secretary 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 insert-
ing the following:
‘‘(c) LEASE AND PERMIT AUTHORITIES.—No nat-
ural’’.
(c) 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 by striking ‘‘destruction; and
any’’ and all that follows through ‘‘or both.’’ and inserting
the following: ‘‘destruction. A violation of any such rule
or regulation shall be a Class B misdemeanor, except that
a person who knowingly and willfully violates any such
rule or regulation 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. A person who violates
any such rule or regulation may also be adjudged to pay
all costs of the proceedings.’’.
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 sub-
section:
‘‘(d) USE OF COLLECTED FINES.—
‘‘(1) AVAILABILITY
AND
AUTHORIZED
USE.—
Any moneys received by the United States as a re-
sult 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 Secretary, without further appropriation and
until expended, for the following purposes:
‘‘(A) To cover the cost to the United
States of any improvement, protection, or reha-
bilitation 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.
‘‘(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 Na-
tional Park Service Organic Act; 16 U.S.C. 3), as amend-
ed 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 re-
sult of a fine imposed under section 3571 of title 18,
United States Code, for a violation of a rule or regu-
lation prescribed under this section shall be available
to the Secretary of the Interior, without further ap-
propriation and until expended, for the following
purposes:
‘‘(A) To cover the cost to the United
States of any improvement, protection, or reha-
bilitation work on the National Park 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 the such lands.
‘‘(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 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 funds’’;
(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
violation of a rule or regulation prescribed by the
Secretary 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.—