[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5645 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5645

 To require the Director of National Drug Control Policy to develop a 
    Federal Lands Counterdrug Strategy and to provide for enhanced 
         penalties for certain drug offenses on Federal lands.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 30, 2010

  Mr. Nunes (for himself, Mr. McCarthy of California, Mr. Herger, Mr. 
  Bishop of Utah, Mr. Chaffetz, Mr. Rogers of Kentucky, Mr. Burton of 
Indiana, Mr. Lewis of California, Mr. Mica, Mr. Duncan, Mr. Hunter, and 
 Mr. Rehberg) introduced the following bill; which was referred to the 
   Committee on the Judiciary, and in addition to the Committees on 
 Natural Resources, Agriculture, and Energy and Commerce, for a period 
    to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
 To require the Director of National Drug Control Policy to develop a 
    Federal Lands Counterdrug Strategy and to provide for enhanced 
         penalties for certain drug offenses on Federal lands.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Lands Counterdrug Strategy 
and Enforcement Enhancement Act''.

SEC. 2. FEDERAL LANDS COUNTERDRUG STRATEGY.

    (a) In General.--Not later than 120 days after the date of 
enactment of this Act, and every 2 years thereafter, the Director of 
National Drug Control Policy shall submit to the Congress a Federal 
Lands Counterdrug Strategy.
    (b) Purposes.--The Federal Lands Counterdrug Strategy shall--
            (1) set forth the Government's strategy for preventing the 
        illegal production, cultivation, manufacture, and trafficking 
        of controlled substances on covered lands;
            (2) state the specific roles and responsibilities of the 
        relevant agencies, including the National Drug Control Program 
        agencies, the Forest Service, the National Park Service, and 
        the Bureau of Land Management, for implementing that strategy; 
        and
            (3) identify the specific resources required to enable the 
        relevant agencies, including the National Drug Control Program 
        agencies, the Forest Service, the National Park Service, and 
        the Bureau of Land Management, to implement that strategy.
    (c) Specific Content Related to Marijuana Eradication.--The Federal 
Lands Counterdrug Strategy shall include--
            (1) a strategy to reduce the cultivation and trafficking of 
        marijuana on covered lands; and
            (2) an examination of how technology available when the 
        Federal Lands Counterdrug Strategy is being prepared, including 
        herbicides, can be used to reduce the cultivation and 
        trafficking of marijuana on covered lands.
    (d) Specific Content Related to the Effect of Land-Management Laws 
on the Enforcement of Drug Laws.--The Federal Lands Counterdrug 
Strategy shall include an analysis of the effect of Federal laws 
related to the management of covered lands on the enforcement of the 
Controlled Substances Act (21 U.S.C. 801 et seq.) and on such other 
Federal laws related to the importation, manufacture, distribution, 
possession, or use of controlled substances as the Director considers 
appropriate. The analysis shall include an assessment of--
            (1) whether such land-management laws hinder enforcement on 
        covered lands of such laws related to controlled substances;
            (2) whether any hindrance of enforcement described in 
        paragraph (1) results from restrictions under such land-
        management laws that--
                    (A) limit the use of tools or strategies, including 
                motor vehicles, used by law enforcement personnel to 
                enforce such laws related to controlled substances in 
                areas that are not on covered lands; or
                    (B) result in a lack of access to areas on covered 
                lands that creates havens for the importation, 
                manufacture, distribution, possession, or use of 
                controlled substances; and
            (3) whether any additional authorities, including 
        exceptions from or waiver authority with respect to such land-
        management laws, are needed to prevent the importation, 
        manufacture, distribution, possession, or use of controlled 
        substances on covered lands and to secure such lands from 
        related criminal activity.
    (e) Consultation With Other Agencies.--The Director shall issue the 
Federal Lands Counterdrug Strategy in consultation with the heads of 
the relevant agencies, including the National Drug Control Program 
agencies, the Forest Service, the National Park Service, the Bureau of 
Land Management, and any relevant State, local, and tribal law 
enforcement agencies.
    (f) Limitation.--The Federal Lands Counterdrug Strategy shall not 
change existing agency authorities or the laws governing interagency 
relationships, but may include recommendations about changes to such 
authorities or laws.
    (g) Report to Congress.--The Director shall provide a copy of the 
Federal Lands Counterdrug Strategy to the appropriate congressional 
committees (as defined in section 702(12) of the Office of National 
Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701(12))).
    (h) Treatment of Classified or Law Enforcement Sensitive 
Information.--Any content of the Federal Lands Counterdrug Strategy 
that involves information classified under criteria established by an 
Executive order, or whose public disclosure, as determined by the 
Director or the head of any relevant National Drug Control Program 
agency, would be detrimental to the law enforcement or national 
security activities of any Federal, State, local, or tribal agency, 
shall be presented to Congress separately from the rest of the 
strategy.
    (i) Definitions.--In this section:
            (1) Controlled substance.--The term ``controlled 
        substance'' has the meaning given such term in section 102(6) 
        of the Controlled Substances Act (21 U.S.C. 802(6)).
            (2) Covered lands.--The term ``covered lands'' means units 
        of the National Park System, National Forest System lands, and 
        public lands (as such term is defined in section 103(e) of the 
        Federal Land Policy and Management Act of 1976 (43 U.S.C. 
        1702(e))).
            (3) National drug control program agency.--The term 
        ``National Drug Control Program agency'' has the meaning given 
        such term in section 702(7) of the Office of National Drug 
        Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701(7)).

SEC. 3. ENHANCED PENALTIES FOR CERTAIN DRUG OFFENSES ON FEDERAL LANDS.

    (a) Cultivating or Manufacturing Controlled Substances on Federal 
Property.--Section 401(b)(5) of the Controlled Substances Act (21 
U.S.C. 841(b)(5)) is amended by striking ``imprisoned as provided in'' 
and all that follows through the end of the paragraph and inserting 
``fined not more than $500,000 if the defendant is an individual or 
$1,000,000 in any other case, or imprisoned not more than 10 years, or 
both. Imprisonment imposed under this paragraph shall run consecutively 
to any imprisonment imposed for the offense under any other provision 
of this title or title III.''.
    (b) Use of Hazardous Substances on Federal Land.--Section 401(b)(6) 
of such Act (21 U.S.C. 841(b)(6)) is amended--
            (1) by striking ``five'' and inserting ``10''; and
            (2) by adding at the end the following: ``A sentence of 
        imprisonment imposed under this paragraph shall run 
        consecutively to any imprisonment imposed for the offense under 
        any other provision of this title or title III.''.
    (c) Unauthorized Stream Diversion or Unauthorized Vegetation 
Removal on Federal Land.--Section 401(b) of such Act (21 U.S.C. 841(b)) 
is amended by adding at the end the following:
    ``(8) Whoever violates subsection (a) by manufacturing or 
cultivating a controlled substance on Federal land, and to facilitate 
or in the course of such violation knowingly--
            ``(A) without authorization, diverts an aquifer, spring, 
        stream, river, or body of water; or
            ``(B) without authorization, removes vegetation on Federal 
        land;
shall be fined under title 18, United States Code, or imprisoned not 
more than 10 years, or both. Imprisonment imposed under this paragraph 
shall run consecutively to any imprisonment imposed for the offense 
under any other provision of this title or title III.''.
    (d) Boobytraps on Federal Property.--Section 401(d) of such Act (21 
U.S.C. 841(d)) is amended by adding at the end the following:
    ``(4) Imprisonment imposed under this subsection shall run 
consecutively to any imprisonment imposed for the offense under any 
other provision of this title or title III.''.
    (e) Use or Possession of Firearms in Connection With Drug Offenses 
on Federal Lands.--Section 924(c) of title 18, United States Code, is 
amended by adding at the end the following:
    ``(6) In imposing a sentence under this subsection, the court shall 
consider it as an aggravating factor warranting a longer sentence of 
imprisonment if the offense was a violation of the Controlled 
Substances Act or the Controlled Substances Import and Export Act and 
took place on Federal lands.''.
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