I 

113TH CONGRESS 

1ST SESSION H. R. 2270 

To impose enhanced penalties for certain drug offense that take place on 

Federal property. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 5, 2013 

Mr. NUNES (for himself and Mr. VALADAO) introduced the following bill; 

which was referred to the Committee on the Judiciary, and in addition 

to the Committee on 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 impose enhanced penalties for certain drug offense that 

take place on Federal property. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. CULTIVATING OR MANUFACTURING CON4 TROLLED SUBSTANCES ON FEDERAL PROP5 ERTY. 

6 Section 401(b)(5) of the Controlled Substances Act 

7 (21 U.S.C. 841(b)(5)) is amended by striking ‘‘as provided 

8 in this subsection’’ and inserting ‘‘for not more than 10 


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1 years, in addition to any other term of imprisonment im2 posed under this subsection,’’. 

3 SEC. 2. USE OF HAZARDOUS SUBSTANCES. 

4 Pursuant to its authority under section 994 of title 

5 28, United States Code, the United States Sentencing 

6 Commission shall amend the Federal Sentencing Guide7 lines and policy statements to ensure that the guidelines 

8 provide an additional penalty increase of 2 offense levels 

9 above the sentence otherwise applicable for a violation of 

10 section 401(a) of the Controlled Substances Act (21 

11 U.S.C. 841(a)) if the offense— 

12 (1) includes the use of a poison, chemical, or 

13 other hazardous substance to cultivate or manufac14 ture controlled substances on Federal property; 

15 (2) creates a hazard to humans, wildlife, or do16 mestic animals; 

17 (3) degrades or harms the environment or nat18 ural resources; or 

19 (4) pollutes an aquifer, spring, stream, river, or 

20 body of water. 

21 SEC. 3. STREAM DIVERSION OR CLEAR CUTTING ON FED22 ERAL PROPERTY. 

23 (a) PROHIBITION ON STREAM DIVERSION OR CLEAR

24 CUTTING ON FEDERAL PROPERTY.—Section 401(b) of 


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1 the Controlled Substances Act is amended by adding at 

2 the end the following: 

3 ‘‘(8) DESTRUCTION OF BODIES OF WATER.— 

4 Any person who violates subsection (a) in a manner 

5 that diverts, redirects, obstructs, or drains an aqui6 fer, spring, stream, river, or body of water or clear 

7 cuts timber while cultivating or manufacturing a 

8 controlled substance on Federal property shall be 

9 fined in accordance with title 18, United States 

10 Code.’’. 

11 (b) FEDERAL SENTENCING GUIDELINES ENHANCE12 MENT.—Pursuant to its authority under section 994 of 

13 title 28, United States Code, the United States Sentencing 

14 Commission shall amend the Federal Sentencing Guide15 lines and policy statements to ensure that the guidelines 

16 provide an additional penalty increase of 2 offense levels 

17 for above the sentence otherwise applicable for a violation 

18 of section 401(a) of the Controlled Substances Act (21 

19 U.S.C. 841(a)) if the offense involves the diversion, redi20 rection, obstruction, or draining of an aquifer, spring, 

21 stream, river, or body of water or the clear cut of timber 

22 while cultivating or manufacturing a controlled substance 

23 on Federal property. 


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1 SEC. 4. BOOBY TRAPS ON FEDERAL LAND. 

2 Section 401(d)(1) of the Controlled Substances Act 

3 (21 U.S.C. 841(d)(1)) is amended by inserting ‘‘cul4 tivated,’’ after ‘‘is being’’. 

5 SEC. 5. USE OR POSSESSION OF FIREARMS IN CONNECTION 

6 WITH DRUG OFFENSES ON FEDERAL LANDS. 

7 Pursuant to its authority under section 994 of title 

8 28, United States Code, the United States Sentencing 

9 Commission shall amend the Federal Sentencing Guide10 lines and policy statements to ensure that the guidelines 

11 provide an additional penalty increase of 2 offense levels 

12 above the sentence otherwise applicable for a violation of 

13 section 401(a) of the Controlled Substances Act (21 

14 U.S.C. 841(a)) if the offense involves the possession of 

15 a firearm while cultivating or manufacturing controlled 

16 substances on Federal lands. 

Æ 


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