Statement

of

Larry R. Parkinson

Deputy Assistant Secretary for Law Enforcement and Security

United States Department of the Interior

Before the

Subcommittee on Forests and Forest Health

And the

Subcommittee on Fisheries Conservation, Wildlife and Oceans

Committee on Resources

United States House of Representatives

June 19, 2003

Concerning:

H.R. 1038 – the Public Lands Fire Regulations Enforcement Act of 2003

Thank you for the opportunity to appear before you today. My name is Larry Parkinson and I am the Deputy Assistant Secretary for Law Enforcement and Security at the Department of the Interior.  I am here to present the Department’s views on H.R. 1038 – the Public Lands Fire Regulations Enforcement Act of 2003.

We want to thank Congressman Tancredo and the co-sponsors of H.R. 1038 for their recognition of this issue and their efforts to reduce destructive and costly human-caused wildfires.  We support the goal of H.R. 1038.  However, we would like to work with the Committee to address changes that we believe would ensure consistent application of penalties among other bureaus and services within the Department that are also impacted by the devastating effects of human-caused fires and to ensure the bill’s effectiveness in deterring such behavior.

After the devastating effects of the 2000 and 2002 fire seasons, we are all keenly aware of the destructive nature of wildland fire.  The effects are even more tragic when these fires are caused by human beings.  The resulting loss of life and property ultimately changes lives forever.  For example, the Hayman fire, which was started on July 2, 2002 and took 17 days to control, destroyed more than 137,000 acres at a cost to taxpayers of $39.1 million.  Six hundred structures were destroyed, including 133 private residences.  Similarly, as a result of the Rodeo-Chediski fire which began on June 18, 2002 and took 20 days to control, 455,000 acres burned at a total cost to taxpayers estimated at $50 million.  That fire destroyed 450 homes.  As these figures amply demonstrate, the results of these human-caused fires can be devastating. 

As currently drafted, H.R. 1038 applies to lands managed by the Bureau of Land Management (BLM), National Park Service (NPS), and the USDA Forest Service.    The bill states that violations of the rules regulating the use of fire by visitors and others on these lands would be punishable by a fine of not less than $1,000 or imprisonment for not more than one year, or both, if the violation results in damage to public or private property.

Currently, the BLM and NPS operate under different rules for criminal penalties.  For the NPS, similar to the USDA Forest Service, these violations are classified as Class B misdemeanors, which may result in a fine of up to $5000 or up to six months in prison.  Class B violations are strict liability in nature, which means that intent need not be proved.  For BLM, such violations are currently classified as Class A misdemeanors, which may result in a fine of up to $100,000 or imprisonment of up to one year in prison.  For Class A violations one must demonstrate that the party knowingly violated the law.  It is important to note that the current penalties do not mandate a minimum fine for either Class A or Class B misdemeanors. 

We understand that the Department of Justice will be providing the committee a letter that will describe a number of technical and substantive issues that will need to be addressed for this bill to accomplish its goal.  Additionally, as the Department of Justice (DOJ), not the Department of the Interior, makes the final decision on prosecutions affecting penalties for such criminal violations and is an integral participant in all prosecutorial decisions and subsequent judicial proceedings, we suggest that the Subcommittee consult with the Department of Justice and the Administrative Office of the US Courts to further assess the effects this bill may have on prosecutorial resources within the Department and the courts.

As noted earlier, we would like to work with the Subcommittee on some modifications to the bill to ensure that those who would cause these destructive, tragic fires know that there are serious penalties associated with such behavior.  We would like to bring together both the Department of the Interior as well as the USDA Forest Service to discuss the effects of this bill on their programs.  We want to do everything possible to ensure positive results in reducing human-caused fires and the loss of life and property destruction that so often result.  In addition, we would like to discuss including the US Fish and Wildlife Service and the Bureau of Indian Affairs in the bill.  By way of background, in 2002, over 240 human-caused fires occurred within the National Wildlife Refuge System, of which 53 were the result of arson.  During the period between 1992 and 2001, the Bureau of Indian Affairs had a total of 9,643 arson-caused fires that burned 210,586 acres.  

H.R. 1038 calls for the use of collected fines by the affected agencies for the purposes stated in the bill.  The Administration is concerned about and is currently examining the potential PAYGO affect of this provision.

Thank you for your support in helping to address the many law enforcement challenges we face at the Department of the Interior.  We look forward to our continued positive working relationship to improve our Federal law enforcement and investigative responsibilities.