Federal Lands REPAIR Act

HON. MARK UDALL
OF COLORADO
IN THE HOUSE OF REPRESENTATIVES
FRIDAY, MARCH 9, 2007

* Mr. UDALL of Colorado. Madam Speaker, I am today introducing a bill to provide additional resources for use by the Federal land-managing agencies to restore lands damaged as a result of improper activities and to promote public education about the use of the Federal lands. My Colorado colleague, Representative TANCREDO, is again cosponsoring the legislation. I greatly appreciate his support.

* The bill is based on one part of a bill introduced by Representative TANCREDO that I cosponsored in the 108th and 109th Congresses. Our purpose is to improve the ability of the land-managing agencies--the Bureau of Land Management, National Park Service, and the Fish and Wildlife Service in the Interior Department as well as the Forest Service in the Agriculture Department--to adequately enforce the rules that apply to uses of the lands they manage.

* In the 108th Congress, Mr. TANCREDO and I worked with the Resources Committee's Chairman, Ranking Member, and other Members, to develop a substitute that included a number of improvements in the bill. The Resources Committee approved that substitute, which included provisions similar to those in the bill I am introducing today. However, after the Resources Committee completed its work,

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the measure was reviewed by the Judiciary Committee, which made further changes before the bill went to the House floor.

* The most significant change was deletion of the provisions of the bill that allowed the agencies to retain fines paid for violations of land-use regulations and to use those funds for repairing damages to the lands and for public education. I regretted that change because in addition to more adequate authority to enforce regulations, the land-managing agencies need more resources--more money and more people--if we want them to do a better job.

* The House passed the bill as revised by the Judiciary Committee, but the 108th Congress adjourned before the Senate could complete action on it. Accordingly, in the 109th Congress Mr. TANCREDO reintroduced the House-passed bill and I cosponsored it, and I introduced a separate bill which he cosponsored. We are repeating that pattern of cooperation today.

* The Tancredo-Udall bill of the 108th Congress would have allowed the land-managing agencies to use money from fines to help pay for some of the restoration work caused by violations of regulations and for public education.

* The bill I am introducing today is similar. It would allow agencies to use money collected as fines to be used for repairing damage caused by the actions that lead to the fines or by similar actions. It would also allow them to use the money to increase public awareness of regulations and other requirements regarding use of Federal lands. And it provides that any of the money not needed for those purposes would be credited to the Crime Victims Fund in the Treasury.

* Madam Speaker, this is a modest bill but an important one. I think it deserves the support of our colleagues and I will do all I can to achieve its enactment into law.

HR 1463 IH

110th CONGRESS

1st Session

H. R. 1463

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

IN THE HOUSE OF REPRESENTATIVES

March 9, 2007

Mr. UDALL of Colorado (for himself and Mr. TANCREDO) introduced the following bill; which was referred to the Committee on Natural 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

A BILL

To provide a source of funds to carry out restoration activities on Federal lands under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture, 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 AND FINDINGS.

(a) Short Title- This Act may be cited as the `Federal Lands Restoration, Enhancement, Public Education, and Information Resources Act' or the `Federal Lands REPAIR Act'.

(b) Findings- Congress finds the following:

(1) Violations of laws and regulations applicable to the use of Federal lands under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture often result in damages to those lands that require expenditures for restoration activities to mitigate the damages.

(2) Increased public information and education regarding the laws and regulations applicable to the use of these Federal lands can help to reduce the frequency of unintentional violations.

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

SEC. 2. USE OF FINES FROM VIOLATIONS OF LAWS AND REGULATIONS APPLICABLE TO PUBLIC LANDS FOR RESTORATION AND INFORMATIONAL ACTIVITIES.

(a) Lands 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 new subsection:

`(d) Use of Collected Fines-

`(1) AVAILABILITY AND AUTHORIZED USE- Any moneys 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, for the following purposes:

`(A) To cover the cost to the United States of any improvement, protection, or rehabilitation work on the public lands rendered necessary by the action which led to the fine or by similar actions.

`(B) To increase public awareness of regulations and other requirements regarding the use of the public lands.

`(2) TREATMENT OF EXCESS FUNDS- Moneys referred to in paragraph (1) that the Secretary determines are excess to the amounts necessary to carry out the purposes specified in such 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- The Secretary of the Interior may';

(3) by striking `He may also' the second place it appears and inserting `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 new subsection:

`(d) Use of Collected Fines-

`(1) AVAILABILITY AND AUTHORIZED USE- Any moneys 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, for the following purposes:

`(A) To cover the cost to the United States of any improvement, protection, or rehabilitation work on the National Park System lands rendered necessary by the action which led to the fine or by similar actions.

`(B) To increase public awareness of rules, regulations, and other requirements regarding the use of such lands.

`(2) TREATMENT OF EXCESS FUNDS- Moneys referred to in paragraph (1) that the Secretary determines are excess to the amounts necessary to carry out the purposes specified in such 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- Subsection (f) of section 4 of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd) is amended by adding at the end the following new paragraphs:

`(3) USE OF COLLECTED FINES- Any moneys 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 or a regulation issued thereunder shall be available to the Secretary, without further appropriation and until expended, for the following purposes:

`(A) To cover the cost to the United States of any improvement, protection, or rehabilitation work on the System lands rendered necessary by the action which led to the fine or by similar actions.

`(B) To increase public awareness of rules, regulations, and other requirements regarding the use of System lands.

`(4) TREATMENT OF EXCESS FUNDS- Moneys referred to in paragraph (3) that the Secretary determines are excess to the amounts necessary to carry out the purposes specified in such 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 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 inserting before the first sentence the following:

`SEC. 551. PROTECTION OF NATIONAL FOREST SYSTEM LANDS; REGULATIONS.

`(a) Regulations for Use and Protection of National Forest System- ';

(2) by striking `destruction; and any violation' and inserting the following: `destruction.

`(b) Violations; Penalties- Any violation'; and

(3) by adding at the end the following new subsection:

`(c) Use of Collected Fines-

`(1) AVAILABILITY AND AUTHORIZED USE- Any moneys 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, for the following purposes:

`(A) To cover the cost to the United States of any improvement, protection, or rehabilitation work on National Forest System lands rendered necessary by the action which led to the fine or payment.

`(B) To increase public awareness of rules, regulations, and other requirements regarding the use of such lands.

`(2) TREATMENT OF EXCESS FUNDS- Moneys referred to in paragraph (1) that the Secretary of Agriculture determines are excess to the amounts necessary to carry out the purposes specified in such 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).'.

END