[House Report 109-129]
[From the U.S. Government Publishing Office]
109th Congress Rept. 109-129
HOUSE OF REPRESENTATIVES
1st Session Part 1
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FEDERAL LANDS RESTORATION, ENHANCEMENT, PUBLIC EDUCATION, AND
INFORMATION RESOURCES ACT OF 2005
_______
June 14, 2005.--Ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 599]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 599) 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, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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 of 2005''.
(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).''.
Purpose of the Bill
The purpose of H.R. 599 is 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.
Background and Need for Legislation
Currently, most fines or penalties received from violations
of federal rules or regulations on public lands are transferred
to the Crime Victims Fund. The Crime Victims Fund is used to
reimburse persons who have criminal actions taken against them.
However, on federal land, many times the fine or penalty issued
is due to natural resource or federal structure damage. H.R.
599 seeks to ensure monies collected from such violations
return to the damaged area to rehabilitate and restore the
land, as well as fund education about such damage (posting
signs, etc.).
H.R. 599 would make available any moneys received from
fines, forfeitures, judgments, compromises, or settlements for
violations of rules and regulations applicable to federal lands
under the jurisdiction of the Secretary of the Interior or the
Secretary of Agriculture for restoration and public
informational activities on such lands. Excess funds would be
transferred to the Crime Victims Fund established under the
Victims of Crime Act of 1984.
Committee Action
H.R. 599 was introduced on February 2, 2005, by Congressman
Mark Udall (D-CO). The bill was referred to the Committee on
Resources and additionally to the Committee on Agriculture.
Within the Resources Committee, the bill was referred to the
Subcommittees on Fisheries and Oceans, National Parks, and
Forests and Forest Health. On March 16, 2005, the Subcommittee
on Forests and Forest Health held a hearing on the bill. On May
18, 2005, the Full Resources Committee met to consider the
bill. The Subcommittees were discharged from further
consideration of the bill by unanimous consent. Congressman
Mark Udall offered an amendment in the nature of a substitute
to make technical changes as requested by the Department of the
Interior and the Department of Agriculture. The amendment was
adopted by unanimous consent and the bill as amended was
ordered favorably reported to the House of Representatives by
unanimous consent.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 599--Federal Lands Restoration, Enhancement, Public Education, and
Information Resources Act of 2005
H.R. 599 would authorize land-management agencies to spend
without appropriation criminal fines and penalties collected
from violators of laws that govern the protection of federal
lands. Currently, such collections (recorded as revenues) are
deposited into the Crime Victims Compensation Fund and later
spent (as direct spending). The four agencies affected are the
U.S. Forest Service, Bureau of Land Management, National Park
Service, and U.S. Fish and Wildlife Service.
CBO estimates that enacting H.R. 599 would have no impact
on the federal budget because the fines and penalties to be
made available to the four agencies under the bill are already
available to be spent without appropriation from the Crime
Victims Compensation Fund.
H.R. 599 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Deborah Reis.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
SECTION 305 OF THE FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976
* * * * * * *
DEPOSITS AND FOREITURES
Sec. 305. (a) * * *
* * * * * * *
(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).
----------
SECTION 3 OF THE NATIONAL PARK SERVICE ORGANIC ACT
Sec. 3. [That the Secretary](a) Regulations for Use and
Management of National Park System; Enforcement.--The Secretary
of the Interior shall make and publish such rules and
regulations as he may deem necessary or proper for the use and
management of the parks, monuments, and reservations under the
jurisdiction of the National Park Service, and any violation of
any of the rules and regulations authorized by this Act shall
be punished by a fine of not more than $500 or imprisonment for
not exceeding six months, or both, and be adjudged to pay all
cost of the proceedings. [He may also]
(b) Special Management Authorities.--The Secretary of the
Interior may, upon terms and conditions to be fixed by him,
sell or dispose of timber in those cases where in his judgment
the cutting of such timber is required in order to control the
attacks of insects or diseases or otherwise conserve the
scenery or the natural or historic objects in any such park,
monument, or reservation. [He may also] The Secretary may
provide in his discretion for the destruction of such animals
and of such plant life as may be detrimental to the use of any
of said parks, monuments, or reservations. [No natural,]
(c) Lease and Permit Authorities.--No natural curiosities,
wonders, or objects of interest shall be leased, rented, or
granted to anyone on such terms as to interfere with free
access to them by the public: Provided, however, That the
Secretary of the Interior may, under such rules and regulations
and on such terms as he may prescribe, grant the privilege to
graze live stock within any national park, monument, or
reservation herein referred to when in his judgment such use is
not detrimental to the primary purpose for which such park,
monument, or reservation was created, except that this
provision shall not apply to the Yellowstone National Park: And
provided further, That the Secretary of the Interior may grant
said privileges, leases, and permits and enter into contracts
relating to the same with responsible persons, firms, or
corporations without advertising and without securing
competitive bids: And provided further, That no contract,
lease, permit, or privilege granted shall be assigned or
transferred by such grantees, permittees, or licensees, without
the approval of the Secretary of the Interior first obtained in
writing.
(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).
----------
SECTION 4 OF THE NATIONAL WILDLIFE REFUGE SYSTEM ADMINISTRATION ACT OF
1966
Sec. 4. (a) * * *
* * * * * * *
(f) Penalties.--
(1) * * *
* * * * * * *
(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).
* * * * * * *
----------
ACT OF JUNE 4, 1897
CHAP. 2.--AN ACT making appropriations for sundry civil expenses of the
Government of the fiscal year ending June thirtieth, eighteen hundred
and ninety-eight, and for other purposes.
* * * * * * *
UNDER THE DEPARTMENT OF THE INTERIOR.
* * * * * * *
SURVEYING THE PUBLIC LANDS.
* * * * * * *
SEC. 551. PROTECTION OF NATIONAL FOREST SYSTEM LANDS; REGULATIONS.
(a) Regulations for Use and Protection of National Forest
System.--The Secretary of the Interior shall make provisions
for the protection against destruction by fire and depredations
upon the public forests and forest reservations which may have
been set aside or which may be hereafter set aside under the
said Act of March third, eighteen hundred and ninety-one, and
which may be continued; and he may make such rules and
regulations and establish such service as will insure the
objects of such reservations, namely, to regulate their
occupancy and use and to preserve the forests thereon from
[destruction; and any violation] destruction.
(b) Violations; Penalties.--Any violation of the provisions
of this Act or such rules and regulations shall be punished by
a fine of not more than $500 or imprisonment for not more than
six months, or both. Any person charged with the violation of
such rules and regulations may be tried and sentenced by any
United States commissioner specially designated for that
purpose by the court by which he was appointed, in the same
manner and subject to the same conditions as provided for in
title 18, United States Code, section 3401, subsections (b),
(c), (d), and (e), as amended.
(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).
* * * * * * *
Committee Correspondence
U.S. House of Representatives,
Committee on Resources,
Washington, DC, June 9, 2005.
Hon. Bob Goodlatte,
Chairman, Committee on Agriculture,
Longworth HOB, Washington, DC.
Dear Mr. Chairman: I ask your cooperation to help schedule
early consideration by the House of Representatives of H.R.
599, 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. H.R. 599 was referred primarily to the
Committee on Resources and additionally to your Committee. The
Committee on Resources ordered the bill favorably reported by
unanimous consent on May 18, 2005, and I have transmitted a
copy of the draft bill report to your staff for review.
I ask that you allow the Committee on Agriculture to be
discharged from further consideration of this bill to expedite
Floor scheduling. Of course, this action would not be
considered as precedent for any future referrals of similar
measures. Moreover, if the bill is conferenced with the Senate,
I would support naming Agriculture Committee members to the
conference committee. I would also be pleased to include this
letter and your response in the report on the bill.
Mr. Chairman, I have been very pleased with the tremendous
degree of cooperation between our two Committees these past two
Congresses on the many bills which affect our national forests.
Your staff has been responsive and thoughtful, and my staff
very much appreciates their support and teamwork. I hope that
you will give my request serious consideration and I look
forward to your response.
Sincerely,
Richard W. Pombo,
Chairman.
------
U.S. House of Representatives,
Committee on Agriculture,
Washington, DC, June 10, 2005.
Hon. Richard Pombo,
Chairman, House Committee on Resources,
Longworth HOB, Washington, DC.
Dear Mr. Chairman: Thank you for forwarding a draft copy of
the Committee on Resources reports to accompany H.R. 599 and
H.R. 975, as ordered reported by your Committee on May 18,
2005. As you are aware, the Committee on Agriculture was
granted an additional referral of these pieces of legislation
on those provisions that fall within the jurisdiction of this
Committee.
Knowing of your interest in expediting both pieces of
legislation and in maintaining the continued consultation
between our Committees on these matters, I agree to discharge
both H.R. 599 and H.R. 975 from further consideration by the
Committee on Agriculture. I do so with the understanding that
by discharging the bill, the Committee on Agriculture does not
waive any future jurisdictional claim over these or similar
measures. In addition, in the event a conference with Senate is
requested on this matter, the Committee on Agriculture reserves
the right to seek appointment of conferees, if it should become
necessary.
Once again, I am grateful for the cooperative spirit in
which you have worked regarding this matter and others between
our respective committees.
Sincerely,
Bob Goodlatte,
Chairman.