edward
03-21-2010, 10:06 PM
Bill would set high fines for federal land OHV damage
Sen. Mark Udall (D-Colo.) and Rep. John Salazar (D-Colo.) introduced legislation (S 2999, HR 4589) last week that would impose stiff penalties on anyone who damaged federal lands. The bills would assess fines of as much as $100,000 for willful violations, and possible imprisonment, and as much as $5,000 for nonwillful violations. Existing law, for instance, caps penalties that the Bureau of Land Management (BLM) may charge at $1,000.
Udall said his bill would provide consistent penalties to lands managed by the Park Service, the Fish and Wildlife Service, BLM and the Forest Service. Despite Udall’s sharp criticism of off-highway vehicle (OHV) users on introducing the bill, one major representative of powered recreation endorsed the bill. “Enhanced law enforcement and stiffer penalties for those who disobey the rules of proper land use will ensure that America’s public lands can remain open to those Americans desiring to recreate in a responsible manner,” said Larry E. Smith, executive director of Americans for Responsible Recreation Access (ARRA.)
Of great importance, said Smith, February 12, 2010 Page 11 the bill would provide standard rules across all four agencies. ARRA represents
horseback riders as well as powered vehicle users. Penalties for damages to each of the four involved agencies’ lands are governed by separate laws. The National Park Service Organic Act as amended governs punishment for violations in national park units. The Federal Land Policy and Management Act of 1976 governs BLM. The National Wildlife Refuge System Administration Act of 1966 governs the Fish and Wildlife Service.
And the Forest and Rangeland Renewable Resources Planning Act of 1974 governs the Forest Service.
Udall offered his toughest criticism for OHV users. He cited the example of two OHVers who became stuck in BLM land above Silverton, Colo., which was closed to OHVs. To dig out the vehicles the OHVers did considerable damage to alpine tundra, he said. Concluded Udall, “Despite the
extent of the damage, the violators were only fined $600 apiece - hardly adequate to restore the area, or to deter others.” Udall has introduced separate legislation (S 720) to allow the four agencies to use any money collected from violators to repair federal lands. Rep. Salazar has not introduced a companion bill. The second bill is known as the Federal Land Restoration, Enhancement, Public Education, and Information Resources Act.
The new penalty bills from Udall and Salazar, introduced February 4, would establish fines of as much as $100,000 for willful violations or up to
12 months in jail. The penalty for nonwillful violations would rise to $5,000. And the penalty for “reckless use” of fires would be $500.
Sen. Mark Udall (D-Colo.) and Rep. John Salazar (D-Colo.) introduced legislation (S 2999, HR 4589) last week that would impose stiff penalties on anyone who damaged federal lands. The bills would assess fines of as much as $100,000 for willful violations, and possible imprisonment, and as much as $5,000 for nonwillful violations. Existing law, for instance, caps penalties that the Bureau of Land Management (BLM) may charge at $1,000.
Udall said his bill would provide consistent penalties to lands managed by the Park Service, the Fish and Wildlife Service, BLM and the Forest Service. Despite Udall’s sharp criticism of off-highway vehicle (OHV) users on introducing the bill, one major representative of powered recreation endorsed the bill. “Enhanced law enforcement and stiffer penalties for those who disobey the rules of proper land use will ensure that America’s public lands can remain open to those Americans desiring to recreate in a responsible manner,” said Larry E. Smith, executive director of Americans for Responsible Recreation Access (ARRA.)
Of great importance, said Smith, February 12, 2010 Page 11 the bill would provide standard rules across all four agencies. ARRA represents
horseback riders as well as powered vehicle users. Penalties for damages to each of the four involved agencies’ lands are governed by separate laws. The National Park Service Organic Act as amended governs punishment for violations in national park units. The Federal Land Policy and Management Act of 1976 governs BLM. The National Wildlife Refuge System Administration Act of 1966 governs the Fish and Wildlife Service.
And the Forest and Rangeland Renewable Resources Planning Act of 1974 governs the Forest Service.
Udall offered his toughest criticism for OHV users. He cited the example of two OHVers who became stuck in BLM land above Silverton, Colo., which was closed to OHVs. To dig out the vehicles the OHVers did considerable damage to alpine tundra, he said. Concluded Udall, “Despite the
extent of the damage, the violators were only fined $600 apiece - hardly adequate to restore the area, or to deter others.” Udall has introduced separate legislation (S 720) to allow the four agencies to use any money collected from violators to repair federal lands. Rep. Salazar has not introduced a companion bill. The second bill is known as the Federal Land Restoration, Enhancement, Public Education, and Information Resources Act.
The new penalty bills from Udall and Salazar, introduced February 4, would establish fines of as much as $100,000 for willful violations or up to
12 months in jail. The penalty for nonwillful violations would rise to $5,000. And the penalty for “reckless use” of fires would be $500.