H.R. 752 (ih) To amend the Endangered Species Act of 1973 to ensure that persons that suffer or are threatened with injury resulting from a violation of the Act or a failure of the Secretary to act in accordance with the Act have standing to commence a ci...

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108th CONGRESS
  1st Session
                                H. R. 751

To authorize increased fines for improper use of vehicles that results 
 in damage to public lands or national forests, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 12, 2003

Mr. Udall of Colorado introduced the following bill; which was referred 
  to the Committee on Resources, and in addition to the Committees on 
    Agriculture and the Judiciary, 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 authorize increased fines for improper use of vehicles that results 
 in damage to public lands or national forests, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; FINDINGS; PURPOSES.

    (a) Short Title.--This Act may be cited as the ``Responsible Off-
Road Vehicle Enforcement and Response Act''.
    (b) Findings.--The Congress finds the following:
            (1) The public lands managed by the Bureau of Land 
        Management and the Federal lands within the National Forest 
        System provide important opportunities for recreational 
        activities as well as for other uses.
            (2) The use of vehicles on such lands for recreational and 
        other purposes is appropriate and should be permitted to 
        continue.
            (3) Use of vehicles, whether motorized or nonmotorized, on 
        such lands can result in damage and should occur only where 
        consistent with the other purposes for which those lands are 
        managed and in compliance with all applicable requirements or 
        regulations.
            (4) Violations of such requirements or regulations should 
        be subject to fines commensurate with the severity of any 
        damages resulting from such violations.
            (5) Current law should be revised so that the Secretary of 
        the Interior and the Secretary of Agriculture can impose more 
        appropriate fines for violations of such requirements or 
        regulations and can require violators to reimburse the United 
        States for restoration or other costs resulting from such 
        violations.
    (c) Purposes.--The purposes of this Act are as follows:
            (1) To authorize imposition of appropriate fines for 
        violations of requirements or regulations regarding use of 
        vehicles on public lands or on Federal lands within the 
        National Forest System that result in damage to such lands.
            (2) To authorize immediate use of funds received as a 
        result of the imposition of such fines for restoration or other 
        treatment of lands damaged by such violations, for increasing 
        public awareness of the regulations applicable to use of 
        vehicles on such lands, and for defraying the costs of 
        enforcing such regulations.

SEC. 2. PUBLIC LANDS.

    (a) Fines.--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'' and inserting ``(a)(1) The''; 
        and
            (2) by adding after paragraph (1) (as so designated above) 
        the following new paragraph:
    ``(2) Notwithstanding any other provision of law (including section 
3571 of title 18, United States Code), the Secretary may impose a fine 
of no more than $10,000 or an amount equal to the cost to the United 
States of any improvement, protection, or rehabilitation work on the 
public lands rendered necessary by damages to such lands resulting from 
violation of any regulation or other requirement regarding use of any 
vehicle over such lands, whichever amount is greater. Notwithstanding 
any other provision of law, such a violation not resulting in death 
shall be considered a Class B misdemeanor.''.
    (b) Use of Fines.--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 subsection:
    ``(d) Any moneys received by the United States as a result of a 
fine imposed pursuant to section 303(a)(2) shall be available to the 
Secretary, without further appropriation, and shall be used--
            ``(1) to cover the administrative, legal, and related 
        expenses, including damage assessments, payments of rewards for 
        information, and investigative costs of enforcing regulations 
        or other requirements regarding use of vehicles on public 
        lands;
            ``(2) to cover the costs of any improvement, protection, or 
        rehabilitation work on public lands; and
            ``(3) to increase public awareness of regulations and other 
        requirements regarding recreational use of vehicles on public 
        lands.''.

SEC. 3. NATIONAL FOREST LANDS.

    (a) Vehicle Violations.--Section 1 of the Act of June 4, 1897 (16 
U.S.C. 551), is amended--
            (1) by striking ``The Secretary of Agriculture'' and 
        inserting ``(a) In General.--The Secretary of Agriculture''; 
        and
            (2) by adding at the end the following new subsection:
    ``(b) Fines for Vehicle Violations.--Notwithstanding any other 
provision of law (including section 3571 of title 18, United States 
Code), the Secretary may impose a fine of no more than $10,000 or any 
amount equal to the cost to the United States of any improvement, 
protection, or rehabilitation work on lands managed by the Forest 
Service rendered necessary by damages to such lands resulting from 
violation of any regulation or requirement regarding use of any vehicle 
on such lands, whichever amount is greater. Notwithstanding any other 
provision of law, such a violation not resulting in death shall be 
considered a Class B misdemeanor.''.
    (b) Use of Fines.--Section 7 of the Act of June 20, 1958 (16 U.S.C. 
579c), is amended--
            (1) by inserting ``administrative, legal, and related 
        expenses, including damage assessments, payments of rewards for 
        information, and investigative costs, incurred in connection 
        with such claim, and all'' after ``cost to the United States of 
        any''; and
            (2) by striking ``Provided'' and all that follows at the 
        end of such section and inserting the following: ``Provided, 
        That any portion of the moneys so received in excess of the 
        amounts expended for such purposes shall be similarly made 
        available to be used for enforcement and increased public 
        awareness of the regulations and other requirements regarding 
        activities on such lands, including the regulations and 
        requirements regarding the use of vehicles on such lands.''.
                                 <all>

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