I 112th CONGRESS 1st Session H. R. 759 IN THE HOUSE OF REPRESENTATIVES February 17, 2011 Mr. Nunes (for himself, Mr. McCarthy of California, Mr. Kline, Mr. McKeon, Mrs. McMorris Rodgers, Mr. Hunter, Mr. Chaffetz, Mr. Gallegly, Mr. Burton of Indiana, Mr. Walden, Mr. Herger, Mr. Lamborn, Mr. Cravaack, and Mr. Canseco) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture and the Judiciary, 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 for other purposes.

1.

Short title

This Act may be cited as the Federal Lands Counterdrug Strategy Act.

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)).