,i #aafth ,,congress #b;d ,session ,h4 ,r4 #gedj ,,in ,,the ,,house ,,of ,,representatives ,july #i1 #bjbj,mr4 ,la,malfa 7for himself1 ,mr4 ,huffman1 ,mr4 ,lamborn1 ,mr4 ,rogers of ,kentucky1 ,mr4 ,carbajal1 and ,mr4 ,cox of ,california7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committees on ,energy and ,commerce1 ,natural ,resources1 and ,agriculture1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to impose enhanced penalties for conduct relating to unlawful production of a controlled substance on ,federal property or while intentionally trespassing on the property of another that causes environmental damage1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protecting ,lands ,against ,narcotics ,trafficking ,act of #bjbj or the ,,plant ,act of #bjbj4 #b4 ,controlled ,substances ,act penalty amendments 7a7 ,environmental harms and other hazards ,pursuant to its authority under section #iid of title #bh1 ,united ,states ,code1 the ,united ,states ,sentencing ,commission shall amend and review the ,federal ,sentencing ,guidelines and policy statements to ensure that the guidelines provide for a penalty enhancement of not less than #c offense levels for a violation of section #dja7;a7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda7;a77 while on ,federal property or while intentionally trespassing on the property of another if the offense-- 7#a7 poses or creates a hazard to humans1 livestock1 fish1 wildlife1 the environment1 or domestic animals2 7#b7 degrades or harms the environment or natural resources2 7#c7 diverts1 redirects1 obstructs1 or drains an aquifer1 spring1 stream1 river1 or body of water or clear cuts1 removes1 or substantially alters timber or vegetation2 7#d7 pollutes or contaminates an aquifer1 spring1 stream1 river1 body of water1 soil1 or native vegetation2 or 7#e7 constitutes a violation of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq471 the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq471 the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf et seq471 or the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7b7 ,aggravating role ,pursuant to its authority under section #iid of title #bh1 ,united ,states ,code1 the ,united ,states ,sentencing ,commission shall amend and review the ,federal ,sentencing ,guidelines and policy statements to ensure that the guidelines provide for a penalty enhancement of not less than #c offense levels for a violation of section #dja7;a7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda7;a77 while on ,federal property or while intentionally trespassing on the property of another if the offender also received an adjustment under #c;,b#a4a 7,aggravating ,role74 7c7 ,stream diversion or clear cutting on ,federal property or while intentionally trespassing on the property of another 7#a7 ,prohibition on stream diversion or clear cutting on ,federal property or while intentionally trespassing on the property of another ,section #dja7;b7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda7;b771 as amended by subsection 7a71 is amended by adding at the end the following3 7#h7 ,destruction of bodies of water or timber 7,a7 ,in general ,any person who violates subsection 7a7 in a manner that diverts1 redirects1 obstructs1 or drains an aquifer1 spring1 stream1 river1 or body of water or clear cuts or removes or substantially alters timber or vegetation while cultivating or manufacturing a controlled substance on ,federal property or while cultivating or manufacturing a controlled substance while intentionally trespassing on the property of another shall be fined an amount not to exceed-- 7i7 the amount authorized in accordance with this section2 7ii7 the amount authorized in accordance with the provisions of title #ah1 ,united ,states ,code2 7iii7 #ejj1jjj if the defendant is an individual2 or 7iv7 #a1jjj1jjj if the defendant is other than an individual4 7,b7 ,use of amounts from fines 7i7 ,in general ,the ,secretary of the ,treasury shall transfer to the ,secretary of the ,interior and the ,secretary of ,agriculture1 for use in accordance with clause 7ii71 the amounts received as fines for a violation described in subparagraph 7,a74 7ii7 ,funds ,the ,secretary of the ,interior and the ,secretary of ,agriculture shall use the amounts transferred under clause 7i7 to address the environmental damage caused by any offense described in subparagraph 7,a71 including by providing such funds to nonprofit organizations that address such damage4 4 7#b7 ,federal sentencing guidelines enhancement ,pursuant to its authority under section #iid of title #bh1 ,united ,states ,code1 the ,united ,states ,sentencing ,commission shall review and amend the ,federal ,sentencing ,guidelines and policy statements to ensure that the guidelines provide for a penalty enhancement of not less than #a offense level for a violation of section #dja7;a7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda7;a77 if the offense involves the diversion1 redirection1 obstruction1 or draining of an aquifer1 spring1 stream1 river1 or body of water or the clear cut or removal of timber or vegetation while cultivating or manufacturing a controlled substance on ,federal property or while cultivating or manufacturing a controlled substance while intentionally trespassing on the property of another4 7#c7 ,technical and conforming amendment ,section #adjb7;b77#a77;,a7 of the ,victims of ,crime ,act of #aihd 7#db ,u4,s4,c4 #ajfja7;b77#a77;,a77 is amended-- 7,a7 in clause 7i71 by striking and at the end2 and 7,b7 by inserting after clause 7ii7 the following3 7iii7 section #dja7;b77#h7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda7;b77#h772 and 4 7d7 ,booby traps on ,federal property ,section #dja7;d77#a7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda7;d77#a77 is amended by inserting cultivated1 after is being4 7e7 ,use or ,possession of ,firearms in ,connection ,with ,drug ,offenses on ,federal property or while intentionally trespassing on the property of another ,pursuant to its authority under section #iid of title #bh1 ,united ,states ,code1 the ,united ,states ,sentencing ,commission shall review and amend the ,federal ,sentencing ,guidelines and policy statements to ensure that the guidelines provide for a penalty enhancement of not less than #b offense levels for a violation of section #dja7;a7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda7;a77 if the offense involves the possession of a firearm while cultivating or manufacturing a controlled substance on ,federal property or while cultivating or manufacturing a controlled substance while intentionally trespassing on the property of another4 #c4 ,public ,lands ,eradication1 ,remediation1 and ,enforcement ,partnership 7a7 ,definitions ,in this section3 7#a7 ,eradication ,the term eradication means the removal and destruction of illegally cultivated substances on ,federal land4 7#b7 ,enforcement ,the term enforcement means an action undertaken by law enforcement to prevent the cultivation of illegal substances on ,federal land4 7#c7 ,partnership ,the term partnership means the ,public ,lands ,eradication and ,remediation ,partnership1 established by subsection 7b74 7#d7 ,priority lands ,the term priority lands means ,federal land that is determined by the partnership to be a high priority for either eradication1 remediation1 enforcement1 or a combination thereof4 7#e7 ,remediation ,the term remediation-- 7,a7 means to facilitate the recovery of lands and waters that have been degraded1 damaged1 or destroyed by illegal marijuana cultivation or another illegal activity2 and 7,b7 includes-- 7i7 removal of trash1 debris1 and other deleterious material and the materials and surfaces contaminated by such trash1 debris1 and deleterious material2 and 7ii7 establishing the composition1 structure1 pattern1 and ecological processes necessary to facilitate terrestrial and aquatic ecosystem sustainability1 resilience1 and health under current and future conditions4 7b7 ,establishment ,there is hereby established a ,public ,lands ,eradication and ,remediation ,partnership4 7c7 ,purposes ,the purposes of the partnership are to-- 7#a7 coordinate the activities of ,federal1 ,state1 ,tribal1 and local authorities1 and the private sector1 in the eradication and remediation of priority lands affected by illegal marijuana cultivation or associated illegal activities2 7#b7 use the resources and expertise of each agency1 authority1 or entity in implementing eradication and remediation activities on priority lands in ,states1 including sharing best practices on eradication and remediation of illegal substances on ,federal lands2 and 7#c7 support existing ad hoc or permanent narcotics trafficking partnerships focused on marijuana eradication1 remediation1 and enforcement activities4 7d7 ,membership ,the members of the partnership shall include the following3 7#a7 ,the ,secretary of ,agriculture1 or a designee of the ,secretary of ,agriculture to represent the ,forest ,service4 7#b7 ,the ,secretary of the ,interior1 or a designee of the ,secretary of the ,interior1 to represent the ,united ,states ,fish and ,wildlife ,service1 ,bureau of ,land ,management1 the ,bureau of ,indian ,affairs1 and ,national ,park ,service4 7#c7 ,the ,director of the ,office of ,national ,drug ,control ,policy1 or a designee of the ,director4 7#d7 ,a designee of the ,governor of each ,state that opts to join the partnership to represent the interests of that ,state regarding the water and other natural resources of that ,state4 7#e7 ,a designee of the ,governor of each ,state that opts to join the partnership to represent the law enforcement interests of that ,state4 7#f7 ,the ,secretary of ,homeland ,security1 or a designee of the ,secretary of ,homeland ,security4 7#g7 ,the ,administrator of the ,drug ,enforcement ,administration1 or a designee of the ,administrator of the ,drug ,enforcement ,administration4 7#h7 ,a designee of the ,national ,guard4 7#i7 ,one member to represent ,indian ,tribes1 to be appointed by the ,secretary of ,agriculture4 7#aj7 ,one member to represent nongovernmental organizations with an interest in ,federal land eradication and remediation1 to be appointed by the ,secretary of ,agriculture4 7#aa7 ,one member to represent local governmental interests1 to be appointed by the ,secretary of ,agriculture4 7e7 ,duties ,to further the purposes of this section1 the partnership shall have the following duties3 7#a7 ,identify priorities for eradication and remediation on ,federal lands4 7#b7 ,secure resources from ,federal and non-,federal sources to apply to eradication and remediation of ,federal lands4 7#c7 ,carry out eradication and remediation on ,federal lands4 7#d7 ,support efforts by ,federal1 ,state1 ,tribal1 and local agencies1 and nongovernmental organizations in carrying out eradication and remediation of priority lands4 7#e7 ,support research and education on the impacts of1 and solutions to1 illegal marijuana cultivation and other illegal activities on priority lands4 7#f7 ,document all actions taken by or known to the partnership to eradicate or remediate illegal substances on public lands1 including tracking facilities used to test the following in cannabis or cannabis products3 7,a7 ,levels of tetrahydrocannabinol 7,,thc7 or cannabidiol 7,,cbd74 7,b7 ,adulterants4 7,c7 ,pesticides4 7,d7 ,vitamins4 7,e7 ,heavy metals4 7,f7 ,other matter the presence of which may assist in tracing contamination to risks to human health4 7#g7 ,not later than #e years after funds are first made available to carry out this ,act1 in consultation with the ,deputy ,assistant ,secretary of ,labor for ,occupational ,safety and ,health1 recommend the establishment of ,federal guidelines1 procedures1 and best practices for handling pesticides found on ,federal land that are not registered under the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf et seq474 7#h7 ,not later than #e years after funds are first made available for this ,act1 submit a report to ,congress on the actions and results of the partnership1 including recommendations and changes for future action to prevent the spread of trespass grows on ,federal lands1 and public safety and environmental effects associated with the eradication1 remediation1 and prevention of trespass grows4 7#i7 ,involve other ,federal1 ,state1 ,tribal1 and local agencies1 nongovernmental organizations1 and the public in eradication and remediation efforts1 to the extent practicable4 7#aj7 ,coordinate activities among ,states1 political subdivisions of ,states1 and ,federal agencies1 contracting to use commercially available aerial imagery1 remote sensing1 and geospatial data acquisition services using manned aircraft operations1 unmanned aircraft systems1 satellites1 and other technologies to observe1 monitor1 and identify illegal marijuana cultivation and other illegal activities in support of eradication and remediation efforts authorized by this ,act in a manner consistent with ,federal law1 in a manner consistent with ,california v4 ,ciraolo 7#dgf ,u4,s4 #bjg7 and ,dow ,chemical ,co4 v4 ,united ,states 7#dgf ,u4,s4 #bbg74 7#aa7 ,when appropriate1 designate a lead agency when activities undertaken under this ,act involve more than one jurisdiction or one or more ,federal agencies4 7#ab7 ,before taking any action that may impact ,tribal lands1 consult with the ,indian ,tribe whose land may be impacted by that action4 7#ac7 ,take any other actions consistent with the authorities granted herein to address eradication and remediation of ,federal lands4 7f7 ,authorities ,to implement this section1 the partnership may1 subject to the prior approval of the ,secretary of ,agriculture-- 7#a7 make grants to ,states1 political subdivisions of ,states1 nonprofit organizations1 and other persons2 7#b7 enter into cooperative agreements with1 or provide grants or technical assistance to1 ,states1 political subdivisions of ,states1 nonprofit organizations1 ,federal agencies1 and other interested parties2 7#c7 hire and compensate staff to perform inherently governmental functions2 7#d7 obtain funds or services from any source1 including ,federal and non-,federal funds1 and funds and services provided under any other ,federal law or program2 7#e7 contract for commercially available goods or services2 and 7#f7 support activities of partners and any other activities that further the purposes of this section4 7g7 ,procedures ,the partnership shall establish such rules and procedures as it deems necessary or desirable4 7h7 ,service without compensation ,members of the partnership shall serve without pay4 7i7 ,duties and authorities of the secretary of agriculture 7#a7 ,in general ,the ,secretary of ,agriculture shall convene the partnership on a regular basis to carry out this section4 7#b7 ,technical and financial assistance ,the ,secretary of ,agriculture and ,secretary of the ,interior may provide technical and financial assistance1 on a reimbursable or nonreimbursable basis1 as determined by the appropriate ,secretary1 to the partnership or any members of the partnership to carry out this section4 7#c7 ,cooperative agreements ,the ,secretary of ,agriculture and ,secretary of the ,interior may enter into cooperative agreements with the partnership1 any members of the partnership1 or other public or private entities to provide technical1 financial1 or other assistance to carry out this section4 7j7 ,public lands marijuana eradication1 remediation1 and enforcement fund 7#a7 ,in general ,there is established in the ,treasury of the ,united ,states a fund1 to be known as the ,public ,lands ,marijuana ,eradication1 ,remediation1 and ,enforcement ,fund 7referred to in this section as the ,fund74 7#b7 ,deposits ,for each of fiscal years #bjba through #bjbf1 there shall be deposited in the ,fund an amount equal to #ej percent of all energy development revenues due and payable to the ,united ,states from oil1 gas1 coal1 or alternative or renewable energy development on ,federal land from the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq471 that would otherwise be credited1 covered1 or deposited as miscellaneous receipts under ,federal law4 7#c7 ,maximum amount ,the amount deposited in the ,fund under paragraph 7#a7 shall not exceed #be1jjj1jjj for any fiscal year4 7#d7 ,effect on other revenues ,nothing in this section affects the disposition under ,federal law1 including the ,gulf of ,mexico ,energy ,security ,act of #bjjf 7#dc ,u4,s4,c4 #acca note2 ,public ,law #aji-dcb71 the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq471 and chapter #bjjc of title #ed1 ,united ,states ,code1 of energy development revenues-- 7,a7 to special funds1 trust funds1 or ,states2 or 7,b7 that have been otherwise appropriated under ,federal law4 7k7 ,availability of funds ,amounts deposited in the ,fund shall be available to the ,secretary without further appropriation or fiscal year limitation4 7l7 ,use of funds ,amounts deposited in the ,fund shall be used for the duties under subsection 7e71 as determined by the ,secretary4 7m7 ,prohibited use of funds ,no amounts in the ,fund shall be used for land acquisition4 7n7 ,public ,donations 7#a7 ,in general ,the ,secretary of the ,interior1 the ,director of the ,national ,park ,service1 the ,director of the ,united ,states ,fish and ,wildlife ,service1 the ,director of the ,bureau of ,land ,management1 and the ,assistant ,secretary of ,indian ,affairs may accept public cash or in-kind donations that advance efforts to-- 7,a7 advance the goals and efforts of the ,public ,lands ,eradication1 ,remediation1 and ,enforcement ,partnership2 and 7,b7 encourage relevant public-private partnerships4 7#b7 ,credits to fund ,any cash donations accepted under paragraph 7#a7 shall be credited to1 and form a part of1 the ,fund4