Bills Introduced in 109th Congress

Several bills that directly or indirectly relate to off-road vehicle use have been introduced in the U.S. House of Representatives and Senate. Brief summaries are provided below. Click on "Text of Bill" to view complete text and information about its status in the legislative process as compiled by the Library of Congress.

U.S. House of Representatives

HR 599 - The Federal Lands Restoration, Enhancement, Public Education, and Information Resources Act of 2005. Sponsor: Representative Mark Udall (CO)

Summary: In general, this bill would direct fines collected for violations of certain public land laws and regulations to the specific forest, park or other land management unit in which those violations occurred. The bill authorizes those units to use that revenue to: 1) cover the costs of improvements, protection or rehabilitation work rendered necessary by the action that led to the fine; and 2) increase public awareness of regulations and other requirements applicable to the use of public lands. The bill specifically applies to National Forests, National Parks, Wildlife Refuges, and Bureau of Land Management lands.

Analysis: This legislation is important because it provides fines and other penalties assessed for violating certain public land laws and regulations directly to the park, forest and other land management unit where the violations occurred. This ensures that local managers will receive funding to restore damage or educate the public. Under current law, fines generally go the U.S. Treasury forcing local managers to redirect dollars from other local priorities to repair damage or undertake lengthy and uncertain efforts to secure funding through conventional agency budget processes. Although this legislation is helpful, it must be part of a much more comprehensive approach to boosting enforcement of and compliance with laws and regulations governing the use of the lands that belong to all Americans.

Text of Bill

HR 975 - The Trail Responsibility and Accountability for the Improvement of Lands Act. Sponsor: Representative Tom Tancredo (CO)

Summary: In general, this bill is designed to establish consistent fines and penalties for violating certain public land laws and regulations. This measure would apply to National Forests, National Parks, Wildlife Refuges, and Bureau of Land Management lands. The legislation would authorize different fines and penalties using two evidentiary standards:

1) Knowing violations - Any person who "knowingly violates or fails to comply" with any provision of applicable public land statutes or regulations issued pursuant to those statutes could be fined up to $100,000 or imprisoned for up to one year, or both.

2) Other violations - Any person who "otherwise violates or fails to comply" with any provision of certain public land statutes or regulations issued pursuant to those statutes could be fined up to $5,000 or imprisoned for up to six months, or both.

The legislation also establishes a consistent minimum fine for any individual who violates regulations concerning the use of fire on public lands.

Analysis: Standing alone, this legislation is unlikely to significantly improve compliance with public land laws or regulations. The possible deterrent effect of high fees and prison sentences is rendered moot by the fact that law enforcement personnel on public lands are spread extremely thin. The average Forest Service law enforcement ranger is responsible for more than 400,000 acres while BLM officers must cover more than 2.5 million acres on average. The chances of being apprehended in the act of violating a law or regulation are slim at best. In addition, this bill does nothing to ensure that funds from fines are directed to the land management unit in which the violation or damage occurs. This forces local managers to divert resources from other priorities or attempt to secure funds through the lengthy and uncertain budget process. Under these conditions, damage to important resources often remains unaddressed, which only exacerbates the problem.

Without more law enforcement personnel on the ground and provisions directing fines to the units in which violations occur, this legislation is unlikely to improve compliance or ensure speedy restoration of damage to public lands.

Text of Bill.

U.S. Senate