[Congressional Record Volume 167, Number 137 (Monday, August 2, 2021)]
[Senate]
[Page S5612]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2207. Mr. BARRASSO submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the end of title VIII of division D, add the following:

     SEC. 408___. DETECTION, IDENTIFICATION, AND MITIGATION OF 
                   TREE SPIKING DEVICES ON FEDERAL LAND.

       (a) Short Title.--This section may be cited as the ``Tree 
     Spiking Mitigation Act''.
       (b) Definitions.--In this section:
       (1) Federal land.--The term ``Federal land'' means--
       (A) National Forest System land; and
       (B) land under the jurisdiction of the Secretary of the 
     Interior, acting through the Director of the Bureau of Land 
     Management.
       (2) Secretaries.--The term ``Secretaries'' means each of--
       (A) the Secretary of Agriculture, acting through the Chief 
     of the Forest Service; and
       (B) the Secretary of the Interior, acting through the 
     Director of the Bureau of Land Management.
       (3) Tree spiking device.--The term ``tree spiking device'' 
     means any tree spiking device described in section 1864(d)(3) 
     of title 18, United States Code.
       (c) Authorized Activities.--
       (1) In general.--The Secretaries, acting in coordination, 
     shall take necessary actions to ensure the detection, 
     identification, and, as the Secretaries determine to be 
     appropriate, mitigation of tree spiking devices located on 
     Federal land.
       (2) Prioritization.--For purposes of carrying out 
     activities under paragraph (1), the Secretaries shall 
     prioritize areas in which--
       (A) incidences of tree spiking devices have occurred; or
       (B) the Secretaries suspect that there are tree spiking 
     devices.
       (3) Memoranda of understanding.--The Secretaries may enter 
     into memoranda of understanding for carrying out activities 
     on Federal land under this subsection.
       (4) Use of existing funds.--Of amounts made available for 
     the Office of the Secretary of the Interior and the Office of 
     the Secretary of Agriculture that are not otherwise obligated 
     (including amounts made available under this Act), the 
     Secretaries shall use to carry out this subsection 
     $10,000,000, to remain available until September 30, 2026.
       (d) Updates to Safety Guidelines and Training Protocols.--
     Not later than 90 days after the date of enactment of this 
     Act, the Secretaries shall, where appropriate, update safety 
     guidelines and training protocols to include the awareness, 
     detection, identification, and mitigation of tree spiking 
     devices.
                                 ______