S. 2241

Public Land Fire Regulations Enforcement Act

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II

110th CONGRESS

1st Session

S. 2241

IN THE SENATE OF THE UNITED STATES

October 25, 2007

Mr. Allard (for himself and Mr. Salazar) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

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 land under the jurisdiction of those agencies, and for other purposes.

1.

Short title

This Act may be cited as the Public Land Fire Regulations Enforcement Act.

2.

Consistent enforcement authority regarding national park system land, national forest system land, and other public land

(a)

Land 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 striking (a) The Secretary and inserting the following:

(a)

Regulations

(1)

In general

The Secretary

;

(2)

by striking the second sentence;

(3)

in the third sentence, by striking Any person charged and inserting the following:

(2)

Court procedures

Any person charged

; and

(4)

by adding at the end the following:

(3)

Knowing violations

Any person who knowingly violates or fails to comply with any of the provisions of this Act or any regulation issued under this Act shall be—

(A)

guilty of a Class A misdemeanor; and

(B)

subject to—

(i)

a fine under section 3571 of title 18, United States Code;

(ii)

imprisonment under section 3581 of title 18, United States Code; or

(iii)

fine and imprisonment under those sections.

(4)

Other violations

Any person who otherwise violates or fails to comply with any of the provisions of this Act or any regulation issued under this Act shall—

(A)

be guilty of a Class B misdemeanor;

(B)

be subject to—

(i)

a fine under section 3571 of title 18, United States Code;

(ii)

imprisonment under section 3581 of title 18, United States Code; or

(iii)

fine and imprisonment under those sections; and

(C)

pay all costs of the proceedings associated with the violation or failure to comply.

.

(b)

National Park System Land

(1)

Enforcement

Section 3 of the National Park Service Organic Act (16 U.S.C. 3) is amended—

(A)

in the first sentence—

(i)

by striking That the Secretary and inserting the following:

(a)

Regulations for use and management; enforcement

(1)

In general

The Secretary

; and

(ii)

by striking Service, and all that follows through proceedings. and inserting Service.;

(B)

in subsection (a) (as designated by subparagraph (A)(i)) by adding at the end the following:

(2)

Knowing violations

Any person who knowingly violates or fails to comply with any of the provisions of this Act or any regulation issued under this Act shall be—

(A)

guilty of a Class A misdemeanor; and

(B)

subject to—

(i)

a fine under section 3571 of title 18, United States Code;

(ii)

imprisonment under section 3581 of title 18, United States Code; or

(iii)

fine and imprisonment under those sections.

(3)

Other violations

Any person who otherwise violates or fails to comply with any of the provisions of this Act or any regulation issued under this Act shall—

(A)

be guilty of a Class B misdemeanor;

(B)

be subject to—

(i)

a fine under section 3571 of title 18, United States Code;

(ii)

imprisonment under section 3581 of title 18, United States Code; or

(iii)

fine and imprisonment under those section; and

(C)

pay all costs of the proceedings associated with the violation or failure to comply.

;

(C)

in the second sentence, by striking He may also, upon and inserting the following:

(b)

Special Management Authorities

(1)

In general

The Secretary of the Interior may, on

;

(D)

in the third sentence, by striking He may also provide and inserting the following:

(2)

Animal and plants

The Secretary of the Interior may provide

; and

(E)

in the fourth sentence, by striking No natural, and inserting the following:

(c)

Lease and Permit Authorities

No natural

.

(c)

National Wildlife Refuge System Land

Section 4(f) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(f)) is amended by striking paragraphs (1) and (2) and inserting the following:

(1)

Knowing violations

Any person who knowingly violates or fails to comply with any of the provisions of this Act or any regulation issued under this Act shall—

(A)

be guilty of a Class A misdemeanor;

(B)

be subject to—

(i)

a fine under section 3571 of title 18, United States Code;

(ii)

imprisonment under section 3581 of title 18, United States Code; or

(iii)

fine and imprisonment under those sections; and

(C)

pay all costs of the proceedings associated with the violation or failure to comply.

(2)

Other violations

Any person who otherwise violates or fails to comply with any of the provisions of this Act or any regulation issued under this Act shall—

(A)

be guilty of a Class B misdemeanor;

(B)

be subject to—

(i)

a fine under section 3571 of title 18, United States Code;

(ii)

imprisonment under section 3581 of title 18, United States Code; or

(iii)

fine and imprisonment under those sections; and

(C)

pay all costs of the proceedings associated with the violation or failure to comply.

.

(d)

National Forest System Land

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 to read as follows:

The Secretary of Agriculture shall make provisions for the protection of the National Forest System (as defined in section 11 of the Forest 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 would insure the objects of the National Forest System, including regulating the occupancy and use of the National Forest System and protecting National Forest System land from destruction. Any person who knowingly violates any regulation issued under this paragraph shall be guilty of a Class A misdemeanor and shall be subject to a fine under section 3571 of title 18, United States Code, imprisonment under section 3581 of title 18, United States Code, or fine and imprisonment under those sections. Any person who otherwise violates any regulation issued under this paragraph shall be guilty of a Class B misdemeanor, subject to a fine under section 3571 of title 18, United States Code, imprisonment under section 3581 of title 18, United States Code, or fine and imprisonment under those sections. A person who violates any regulation issued under this paragraph may also be ordered to pay all costs of the proceedings. Any person charged with the violation of a regulation issued under this paragraph may be 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 provided for in subsections (b) through (e) of section 3401 of title 18, United States Code.

.

3.

Establishment of minimum fine for violation of public land fire regulations during fire ban

(a)

Land 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 amended by adding at the end the following:

(5)

Minimum fine

In the case of a regulation issued under this section regarding the use of fire by individuals on public land, 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 shall be not less than $500.

.

(b)

National Park System Land

Section 3(a) of the National Park Service Organic Act (16 U.S.C. 3(a)) (as designated by section 2(b)) is amended by adding at the end the following:

(4)

Minimum fine

In the case of a rule or regulation issued under this subsection regarding the use of fire by individuals on the land, 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 shall be not less than $500.

.

(c)

National Forest System Land

The eleventh undesignated paragraph under the heading Surveying the public lands of the Act of June 4, 1897 (16 U.S.C. 551) (as amended by section 2(d)) is amended by adding at the end the following: In the case of a regulation issued under this paragraph regarding the use of fire by individuals on National Forest System land, 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 shall be not less than $500..