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

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

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.'.

END