Text: H.R.1038 — 108th Congress (2003-2004)All Information (Except Text)

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Reported in House (09/15/2003)

 
[Congressional Bills 108th Congress]
[From the U.S. Government Printing 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