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.

February 2, 2005

Mr. UDALL of Colorado (for himself and Mr. TANCREDO) 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

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 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 Act of August 25, 1916 (popularly known as 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- Section 7 of the Act of June 20, 1958 (16 U.S.C. 579c), is amended--

(1) by inserting `(a) Treatment of Certain Moneys Received on Behalf of Forest Service- ' before `Any funds';

(2) by striking `contract or (2)' and inserting `contract, (2)';

(3) by inserting after `improvements,' the following: `or (3) 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 by the Secretary of Agriculture with respect to such lands,';

(4) by striking `to cover' and all that follows through the end of the section and inserting the following: `for the purposes specified in subsection (b).'; and

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

`(b) Authorized Use-

`(1) IN GENERAL- The moneys referred to in subsection (a) shall be available to the Secretary of Agriculture 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, forfeiture, judgment, compromise, or settlement 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 subsection (a) that the Secretary determines are excess to the amounts necessary to carry out the purposes specified in paragraph (1) 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