WASHINGTON, D.C. — For those who do damage to public lands, federal lawmakers are working to ensure the punishment fits the crime.

U.S. Sen. Mark Udall and Rep. John Salazar introduced legislation in Congress last week that would significantly increase fines and jail time for illegal or reckless activities that damage Forest Service or Bureau of Land Management land.

Public lands agencies have been struggling to keep up with damage caused by careless and reckless users, according to a statement issued by the two Colorado lawmakers. They say today's fines and penalties for illegal use of public land don't come close to covering the cost of repairs. For example, federal law prevents the U.S. Bureau of Land Management from assessing a fine greater than $1,000 — even if the damage from violations costs thousands more to fix.

“Increasing the penalties for people who knowingly or recklessly damage public lands would help restore damage — and just as importantly, prevent harm in the first place,” Udall said.

The proposed legislation would amend regulations that have not been updated since 1976. It would increase fines and penalties for intentional and accidental violations in hopes of deterring damage and ensuring that when damage does occur, those who caused it foot at least part of the bill.

“While most visitors to our public lands are responsible and law-abiding, some either knowingly or carelessly cause serious harm to areas that were set aside for everyone to enjoy. In some cases — as in the careless use of fire — they're putting people's lives and homes at risk. The public shouldn't have to pay for damage caused by a few careless visitors,” Udall said.

The bill would authorized the Secretary of the Interior and the Secretary of Agriculture to assess up to $100,000 in fines, up to 12 months in jail or both. The bill would also establish that any reckless use of fire on federal public lands would result in a minimum fine of $500.

“Coloradans understand the value of protecting our public lands,” Salazar said. “The tourism and natural resources derived from our public lands are critical to our economy. We must protect them for future generations.”

Variety of damage

According to research conducted by Udall's office, the U.S. Forest Service and other public lands agencies encounter a wide variety of damage: unauthorized off-road vehicle use, dumping of hazardous materials, litter, unauthorized road construction, illegal removal of trees and sensitive plants, unauthorized mining activity, alterations of stream flows, vandalism and damage to riparian areas.

In the summer of 2000, two recreational off-road vehicles ignored closure signs while four-wheel driving on BLM land high above Silverton. They got stuck for five days on a 70-percent slope at 12,500 feet along the flanks of Houghton Mountain. The incident caused significant damage to the high alpine tundra, a delicate ecosystem that may take thousands of years to recover. Despite the extent of the damage, the violators were fined only $600 apiece.

In an event in the mountains near Boulder, now known as “Mudfest,” two Denver radio personalities led an off-road outing during which hundreds of people drove their vehicles in a sensitive wetland area. Riders destroyed seven acres of wetlands and seriously damaged another 18 acres, including prime habitat for an endangered species of toad. Estimates of the costs to repair the damage ranged from $66,000 to hundreds of thousands of dollars. Much of the event took place on private land, but the riders crossed a portion of the Arapaho-Roosevelt National Forest to get there. The only penalty was a $50 fine assessed to the two DJs for not securing a special use permit to cross the public lands.

Julie Sutor can be reached

at (970) 668-4630 or

jsutor@summitdaily.com.