H.R. 1038House108th Congress (2003-2005)In Committee

Public Lands Fire Regulations Enforcement Act of 2003

Legislative Activity

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20 earlier actions

HouseCalendars Latest Action

Placed on the Union Calendar, Calendar No. 156.

September 15, 2003

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HouseIntro Referral

Introduced in House

February 27, 2003

HouseIntro Referral

Referred to the Committee 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.

Natural Resources Committee

February 27, 2003

HouseCommittee

Referred to the Subcommittee on National Parks, Recreation and Public Lands.

Federal Lands Subcommittee

March 17, 2003

HouseCommittee

Referred to the Subcommittee on Forests and Forest Health.

March 17, 2003

HouseCommittee

Executive Comment Requested from Interior, USDA.

Natural Resources Committee

March 17, 2003

HouseCommittee

Referred to the Subcommittee on Department Operations, Oversight, Nutrition and Forestry.

Commodity Markets, Digital Assets, and Rural Development Subcommittee

March 18, 2003

HouseCommittee

Subcommittee Hearings Held.

June 19, 2003

HouseCommittee

Subcommittee on Forests and Forest Health Discharged.

Natural Resources Committee

July 9, 2003

HouseCommittee

Committee Consideration and Mark-up Session Held.

Natural Resources Committee

July 9, 2003

HouseCommittee

Ordered to be Reported by Unanimous Consent.

Natural Resources Committee

July 9, 2003

HouseCommittee

Reported by the Committee on Resources. H. Rept. 108-218, Part I.

Natural Resources Committee

July 17, 2003

HouseIntro Referral

House Committee on Agriculture Granted an extension for further consideration ending not later than Sept. 15, 2003.

Agriculture Committee

July 17, 2003

HouseIntro Referral

Referred sequentially to the House Committee on the Judiciary for a period ending not later than Sept. 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.

Judiciary Committee

July 17, 2003

HouseCommittee

Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

Crime and Federal Government Surveillance Subcommittee

September 4, 2003

HouseCommittee

Subcommittee on Crime, Terrorism, and Homeland Security Discharged.

Judiciary Committee

September 5, 2003

HouseCommittee

Committee Consideration and Mark-up Session Held.

Judiciary Committee

September 10, 2003

HouseCommittee

Ordered to be Reported (Amended) by Voice Vote.

Judiciary Committee

September 10, 2003

HouseCommittee

Supplemental report filed by the Committee on Resources, H. Rept. 108-218, Part II.

Natural Resources Committee

September 10, 2003

HouseCommittee

Reported (Amended) by the Committee on Judiciary. H. Rept. 108-218, Part III.

Judiciary Committee

September 15, 2003

HouseCommittee

Committee on Agriculture discharged.

Agriculture Committee

September 15, 2003

HouseCalendars

Placed on the Union Calendar, Calendar No. 156.

September 15, 2003

Floor Debate

4 members

What members said about H.R. 1038 on the floor

2 Republicans2 Democrats

Rep. Thomas G. TancredoR-CO-6 · Sep 28, 2004

Mr. Speaker, I thank the House leadership for moving this legislation, which I introduced nearly one year ago. It stiffens the penalties for folks who willfully destroy our public lands, and…

Mr. Speaker, I thank the House leadership for moving this legislation, which I introduced nearly one year ago. It stiffens the penalties for folks who willfully destroy our public lands, and standardizes them across most Federal lands. In addition, the bill includes provisions of H.R. 1038, which I also introduced, setting a tough, minimum fine of $500 for individuals who violate fire regulations on public lands when a complete ban on open fires is in place.

I want to recognize and thank Chairman Pombo, Chairmen McInnis and Walden, Chairman Radanovich, Chairman Goodlatte, and Chairman Sensenbrenner for their efforts over the last two fire seasons in finally getting this legislation to the floor. I'd also like to thank another colleague from Colorado, Mr. Udall, who was instrumental in helping to make passage of this legislation possible today.

Those of us privileged to represent western States here in the Congress know of the long running battle between Federal land agencies and private interests--mainly because the Federal Government is the landlord of so much of the land in the western part of the United States. Over the years, issues of contention have ranged from grazing rights, to forest management, and energy development. Today, the public lands debate is also characterized by access to public lands for different recreational activities--all of which have an enormous and positive economic impact on the communities that we represent.

In the last 20 years, Americans have found new ways to enjoy their public lands and waterways beyond just hiking, horseback riding, or powerboats. Today, mountain bikers, ATVs, SUVs, and snowmobilers also use our public lands. Many of these vehicles represent the only access to the great outdoors to a whole segment of our population--folks like senior citizens and the disabled--that might not otherwise be able to get out and visit beautiful places like the Pike National Forest in my district.

The economic impact for Colorado of these kinds of recreational activities contributes more than $200 million to our economy, creating more than 3,100 jobs. With those economic benefits however, have come conflicts and irresponsible people.

No one here will say that there haven't been problems with certain individuals and groups abusing, misusing and in some instances, destroying valuable property on our Federal lands. Because of the actions of these thoughtless people, future generations have been deprived of the opportunity to view and enjoy our public lands.

Recreation on our public lands and waterways will continue to grow-- and it should. This bill will help equip our land managers with the means to appropriately and evenhandedly enforce land use regulations against those few bad apples who spoil the whole bunch. The TRAIL Act accomplishes this by creating consistent fines and penalties among all of our land use agencies. In doing so, the bill also increases fines and penalties substantially for people who knowingly engage in inappropriate behavior.

The second section of the bill addresses the growing problem of human caused wildfires on our public lands. Over the last 10 years, human carelessness has been responsible for the ignition of just over one million wildfires on our public lands. By comparison, lightning has caused only about one-tenth that many fires over the same time period.

The current penalties for violating fire regulations vary from agency to agency. In a practical sense, however, the fines are generally assessed at a far lower level. In fact, under current law, fines--or ``collaterals'' as they are called, are set as low as $25--little more than the cost of a seatbelt ticket in most states. I believe, as I think most people do, that these weak penalties lack any real deterrent value for would-be violators. In fact, one district ranger in Colorado related a story to me about a would-be visitor to the Pike National Forest who called to inquire if he could pay the puny fine in advance.

In 2002, well after the imposition of the fire ban by both the Governor of Colorado and the Forest Supervisor--I was flying over Hayman Fire with the same district ranger. In addition to having a birds-eye view of the largest wildfire in State history, the two of us also had an excellent view of several campfires dotting the landscape outside its perimeter. He told me that even in the midst of a fire season like the one we had in Colorado--where some 800 human caused wildfires destroyed over a quarter of a million acres--that enforcing the ban was a continuing problem in large part because the fine is so small.

Enhancing the penalties for those who chose to disregard the directives of our land managers may be one way we can reduce both the number of human caused wildfires and the terrible destruction they leave in their wake by creating a deterrent. This bill would accomplish that by imposing a minimum fine of $500 for individuals who violate fire regulations during period when declared fire bans are in effect.

I hope the House will pass the bill, and ask for your support.

Rep. Mark UdallD-CO-2 · Sep 30, 2004

Mr. Speaker, I rise in support of this bill, and congratulate my Colorado colleague, Mr. Tancredo, for his leadership in introducing it. I joined as a cosponsor of this bill because I also want to…

Mr. Speaker, I rise in support of this bill, and congratulate my Colorado colleague, Mr. Tancredo, for his leadership in introducing it.

I joined as a cosponsor of this bill because I also want to improve the ability of the land-managing agencies to adequately enforce the rules that apply to uses of the Federal lands.

That is also why I also introduced a related bill--H.R. 751, the Responsible Off-road Vehicle Enforcement and Response Act, or ``ROVER.'' My bill is narrow. It deals only with enforcement of the regulations for use of vehicles on National Forest lands and public lands managed by BLM. This bill goes much further. In addition to the forests and BLM lands, it also applies to lands managed by the National Park Service and the refuges managed by the Fish and Wildlife Service. And it addresses the enforcement of all regulations, not just those related to use of vehicles.

In the Resources Committee, Mr. Tancredo and I worked with Chairman Pombo, Ranking Member Rahall, and other Members, to develop a substitute that included a number of improvements in the bill.

After the Resources Committee completed its work, the measure was reviewed by the Judiciary Committee, and the bill now before the House reflects changes made in that committee. It also includes the provisions of H.R. 1038, the Public Lands Fire Regulations Enforcement Act of 2003--also approved by the Resources and Judiciary Committees last year--which would increase the maximum fine for violations of regulations related to campfires. I also cosponsored that measure.

As I said, I do support the legislation before us. I hope the House will approve it, because legislation for better and more consistent enforcement of regulations is needed. However, we need to recognize that it is only one part of a bigger picture.

Even more than new legislation, it seems to me, the land-managing agencies need more resources--more money and more people--if we want them to do a better job.

As approved by the Resources Committee, H.R. 3247 would have helped with that, too, by allowing the agencies to use money from fines to help pay for some of the restoration work caused by violations of regulations, as well as for offsetting the administrative costs involved in enforcement of those regulations. Unfortunately, the Judiciary Committee evidently had some concerns about that part of the legislation, and so the bill now before us does not include those provisions.

This is something that I think should be addressed in the future, and I will seek to work with other Members to do that. Today, however, we can take an important step forward by passing this bill, and I urge the House to approve it.

Rep. George RadanovichR-CA-19 · Sep 28, 2004

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3247) to provide consistent enforcement authority to the Bureau of Land Management, the National Park Service, the United States Fish…

Rep. Madeleine Z. BordalloD-GU · Sep 28, 2004

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, we have no objection to the consideration of H.R. 3247. Mr. Speaker, I yield back the balance of my time.

Bill Text

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Reported in HouseIssued September 15, 2003

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1038 Reported in House (RH)]

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
determined 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 Representatives of the
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Public Lands Fire
Regulations Enforcement Act of 2003''.</DELETED>

<DELETED>SEC. 2. PENALTIES FOR VIOLATION OF PUBLIC LAND FIRE
REGULATIONS RESULTING IN PROPERTY DAMAGE.</DELETED>

<DELETED>    (a) Increased Penalties on Interior Lands.--
Notwithstanding section 303(a) of the Federal Land Policy 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 imprisonment for not more
than one year, or both, if the violation results in damage to public or
private property.</DELETED>
<DELETED>    (b) Increased Penalties on National Forest System Lands.--
Notwithstanding the eleventh undesignated 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
property.</DELETED>
<DELETED>    (c) Relation to Other Sentence of Fine Authority.--The
maximum fine amount specified in subsections (a) and (b) applies in
lieu of the fine otherwise applicable under section 3571 of title 18,
United States Code.</DELETED>
<DELETED>    (d) Use of Collected Fines.--Any moneys received by the
United States as a result of a fine imposed for a violation of fire
rules applicable to lands administered 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 appropriation and
until expended, for the following purposes:</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (2) To reimburse the affected agency for the cost
of the response to the action that resulted in the fine,
including investigations, damage assessments, and legal
actions.</DELETED>
<DELETED>    (3) To increase public awareness of rules,
regulations, and other requirements regarding the use of fire
on public lands.</DELETED>

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Public Lands Fire Regulations
Enforcement Act of 2003''.

SEC. 2. INCREASE IN MAXIMUM FINES FOR VIOLATION OF PUBLIC LAND
REGULATIONS AND 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)) 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 following:
``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 damage 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)
Regulations for Use and Management of National 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 complete 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 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 inserting the
following:
``(c) Lease and Permit Authorities.--No natural''.
(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
(2) by inserting after the first sentence the following:
``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.''.
Amend the title so as to read: ``A bill to increase maximum
fine amounts authorized for the violation of regulations
regarding Bureau of Land Management lands, National Park System
lands, and National Forest System lands, to impose a minimum
fine amount for a violation of fire regulations applicable to
such lands when the violation is the result of reckless
conduct, occurs in an area subject to a complete ban on open
fires, and results in property damage, and for other purposes.

Union Calendar No. 156

108th CONGRESS

1st Session

H. R. 1038

[Report No. 108-218, Parts I, II, and III]

_______________________________________________________________________

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.

_______________________________________________________________________

September 15, 2003

Reported from the Committee on the Judiciary with amendments

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