S. 720

Federal Land REPAIR Act

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II

111th CONGRESS

1st Session

S. 720

IN THE SENATE OF THE UNITED STATES

March 26, 2009

Mr. Udall of Colorado (for himself and Mr. Bennet) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To provide a source of funds to carry out restoration activities on Federal land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture, and for other purposes.

1.

Short title and findings

(a)

Short title

This Act may be cited as the Federal Land Restoration, Enhancement, Public Education, and Information Resources Act or the Federal Land REPAIR Act.

(b)

Findings

Congress finds that—

(1)

violations of laws (including regulations) applicable to the use of Federal land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture often result in damages to the Federal land that require expenditures for restoration activities to mitigate the damages;

(2)

increased public information and education regarding the laws (including regulations) applicable to the use of the Federal land can help to reduce the frequency of unintentional violations; and

(3)

it is appropriate that fines and other monetary penalties paid as a result of violations of laws (including regulations) applicable to the use of Federal land be used to defray the costs of the restoration activities and to provide public information and education.

2.

Use of fines from violations of laws and regulations applicable to public land for restoration and informational activities

(a)

Land 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:

(d)

Use of collected fines

(1)

Availability and authorized use

Any amounts 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 Secretary, without further appropriation and until expended—

(A)

to cover the cost to the United States of any improvement, protection, or rehabilitation work on public land rendered necessary by the action that led to the fine or by similar actions; and

(B)

to increase public awareness of regulations and other requirements regarding the use of public land.

(2)

Treatment of excess funds

Amounts referred to in paragraph (1) that the Secretary determines are in excess of the amounts necessary to carry out the purposes specified in that paragraph shall be transferred to the Crime Victims Fund established by section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601).

.

(b)

National Park System lands

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

(1)

by striking That the Secretary the first place it appears and inserting (a) Regulations for use and management of national park system; enforcement.—The Secretary;

(2)

by striking He may also the first place it appears and inserting the following:

(b)

Special management authorities

(1)

In general

The Secretary of the Interior may

;

(3)

by striking He may also the second place it appears and inserting the following:

(2)

Detrimental animals and plants

The Secretary may;

.

(4)

by striking No natural, and inserting the following:

(c)

Lease and permit authorities

No natural

; and

(5)

by adding at the end the following:

(d)

Use of collected fines

(1)

Availability and authorized use

Any amounts 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 appropriation and until expended—

(A)

to cover the cost to the United States of any improvement, protection, or rehabilitation work on the National Park System land rendered necessary by the action that led to the fine or by similar actions; and

(B)

to increase public awareness of rules, regulations, and other requirements regarding the use of National Park System land.

(2)

Treatment of excess funds

Amounts referred to in paragraph (1) that the Secretary determines are in excess of the amounts necessary to carry out the purposes specified in that paragraph shall be transferred to the Crime Victims Fund established by section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601).

.

(c)

National wildlife refuge System lands

Section 4(f) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(f)) is amended by adding at the end the following:

(3)

Use of collected fines

Any amounts 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 this Act (including a regulation issued under this Act) shall be available to the Secretary, without further appropriation and until expended—

(A)

to cover the cost to the United States of any improvement, protection, or rehabilitation work on System land rendered necessary by the action that led to the fine or by similar actions; and

(B)

to increase public awareness of rules, regulations, and other requirements regarding the use of System land.

(4)

Treatment of excess funds

Amounts referred to in paragraph (3) that the Secretary determines are in excess of the amounts necessary to carry out the purposes specified in that paragraph shall be transferred to the Crime Victims Fund established by section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601).

.

(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—

(1)

by striking The Secretary and inserting the following:

3.

Protection of National Forest System land; regulations

(a)

Regulations for use and protection of National Forest System

(1)

In general

The Secretary

;

(2)

by striking continued; and he may and inserting the following: “continued.

(2)

Regulations

The Secretary may

;

(3)

by striking destruction; and any violation and inserting the following:

destruction.

(b)

Violations; penalties

(1)

In general

Any violation

;

(4)

by striking Any person and inserting the following:

(2)

Magistrate judge

Any person

;

(5)

by adding at the end the following:

(c)

Use of collected fines

(1)

Availability and authorized use

Any amounts received by the United States as a result of a collateral payment in lieu of appearance or a fine imposed under section 3571 of title 18, United States Code, for a violation of a regulation issued under subsection (a) shall be available to the Secretary of Agriculture, without further appropriation and until expended—

(A)

to cover the cost to the United States of any improvement, protection, or rehabilitation work on National Forest System land rendered necessary by the action that led to the fine or payment; and

(B)

to increase public awareness of rules, regulations, and other requirements regarding the use of National Forest System land.

(2)

Treatment of excess funds

Amounts referred to in paragraph (1) that the Secretary of Agriculture determines are in excess of the amounts necessary to carry out the purposes specified in that paragraph shall be transferred to the Crime Victims Fund established by section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601).

; and

(6)

by moving section 3 (as designated by paragraph (1)) so as to appear at the end of that Act.