I 

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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Federal Lands 

3 Counterdrug Strategy and Enforcement Enhancement 

4 Act’’. 

5 SEC. 2. FEDERAL LANDS COUNTERDRUG STRATEGY. 

6 (a) IN GENERAL.—Not later than 120 days after the 

7 date of enactment of this Act, and every 2 years there8 after, the Director of National Drug Control Policy shall 

9 submit to the Congress a Federal Lands Counterdrug 

10 Strategy. 

11 (b) PURPOSES.—The Federal Lands Counterdrug 

12 Strategy shall— 

13 (1) set forth the Government’s strategy for pre14 venting the illegal production, cultivation, manufac15 ture, and trafficking of controlled substances on cov16 ered lands; 

17 (2) state the specific roles and responsibilities 

18 of the relevant agencies, including the National 

19 Drug Control Program agencies, the Forest Service, 

20 the National Park Service, and the Bureau of Land 

21 Management, for implementing that strategy; and 

22 (3) identify the specific resources required to 

23 enable the relevant agencies, including the National 

24 Drug Control Program agencies, the Forest Service, 

25 the National Park Service, and the Bureau of Land 

26 Management, to implement that strategy. 


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1 (c) SPECIFIC CONTENT RELATED TO MARIJUANA

2 ERADICATION.—The Federal Lands Counterdrug Strat3 egy shall include— 

4 (1) a strategy to reduce the cultivation and 

5 trafficking of marijuana on covered lands; and 

6 (2) an examination of how technology available 

7 when the Federal Lands Counterdrug Strategy is 

8 being prepared, including herbicides, can be used to 

9 reduce the cultivation and trafficking of marijuana 

10 on covered lands. 

11 (d) SPECIFIC CONTENT RELATED TO THE EFFECT

12 OF LAND-MANAGEMENT LAWS ON THE ENFORCEMENT

13 OF DRUG LAWS.—The Federal Lands Counterdrug Strat14 egy shall include an analysis of the effect of Federal laws 

15 related to the management of covered lands on the en16 forcement of the Controlled Substances Act (21 U.S.C. 

17 801 et seq.) and on such other Federal laws related to 

18 the importation, manufacture, distribution, possession, or 

19 use of controlled substances as the Director considers ap20 propriate. The analysis shall include an assessment of— 

21 (1) whether such land-management laws hinder 

22 enforcement on covered lands of such laws related to 

23 controlled substances; 


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1 (2) whether any hindrance of enforcement de2 scribed in paragraph (1) results from restrictions 

3 under such land-management laws that— 

4 (A) limit the use of tools or strategies, in5 cluding motor vehicles, used by law enforcement 

6 personnel to enforce such laws related to con7 trolled substances in areas that are not on cov8 ered lands; or 

9 (B) result in a lack of access to areas on 

10 covered lands that creates havens for the impor11 tation, manufacture, distribution, possession, or 

12 use of controlled substances; and 

13 (3) whether any additional authorities, includ14 ing exceptions from or waiver authority with respect 

15 to such land-management laws, are needed to pre16 vent the importation, manufacture, distribution, pos17 session, or use of controlled substances on covered 

18 lands and to secure such lands from related criminal 

19 activity. 

20 (e) CONSULTATION WITH OTHER AGENCIES.—The 

21 Director shall issue the Federal Lands Counterdrug Strat22 egy in consultation with the heads of the relevant agencies, 

23 including the National Drug Control Program agencies, 

24 the Forest Service, the National Park Service, the Bureau 


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1 of Land Management, and any relevant State, local, and 

2 tribal law enforcement agencies. 

3 (f) LIMITATION.—The Federal Lands Counterdrug 

4 Strategy shall not change existing agency authorities or 

5 the laws governing interagency relationships, but may in6 clude recommendations about changes to such authorities 

7 or laws. 

8 (g) REPORT TO CONGRESS.—The Director shall pro9 vide a copy of the Federal Lands Counterdrug Strategy 

10 to the appropriate congressional committees (as defined 

11 in section 702(12) of the Office of National Drug Control 

12 Policy Reauthorization Act of 1998 (21 U.S.C. 

13 1701(12))). 

14 (h) TREATMENT OF CLASSIFIED OR LAW ENFORCE15 MENT SENSITIVE INFORMATION.—Any content of the 

16 Federal Lands Counterdrug Strategy that involves infor17 mation classified under criteria established by an Execu18 tive order, or whose public disclosure, as determined by 

19 the Director or the head of any relevant National Drug 

20 Control Program agency, would be detrimental to the law 

21 enforcement or national security activities of any Federal, 

22 State, local, or tribal agency, shall be presented to Con23 gress separately from the rest of the strategy. 

24 (i) DEFINITIONS.—In this section: 


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1 (1) CONTROLLED SUBSTANCE.—The term 

2 ‘‘controlled substance’’ has the meaning given such 

3 term in section 102(6) of the Controlled Substances 

4 Act (21 U.S.C. 802(6)). 

5 (2) COVERED LANDS.—The term ‘‘covered 

6 lands’’ means units of the National Park System, 

7 National Forest System lands, and public lands (as 

8 such term is defined in section 103(e) of the Federal 

9 Land Policy and Management Act of 1976 (43 

10 U.S.C. 1702(e))). 

11 (3) NATIONAL DRUG CONTROL PROGRAM AGEN12 CY.—The term ‘‘National Drug Control Program 

13 agency’’ has the meaning given such term in section 

14 702(7) of the Office of National Drug Control Policy 

15 Reauthorization Act of 1998 (21 U.S.C. 1701(7)). 

16 SEC. 3. ENHANCED PENALTIES FOR CERTAIN DRUG OF17 FENSES ON FEDERAL LANDS. 

18 (a) CULTIVATING OR MANUFACTURING CONTROLLED

19 SUBSTANCES ON FEDERAL PROPERTY.—Section 

20 401(b)(5) of the Controlled Substances Act (21 U.S.C. 

21 841(b)(5)) is amended by striking ‘‘imprisoned as pro22 vided in’’ and all that follows through the end of the para23 graph and inserting ‘‘fined not more than $500,000 if the 

24 defendant is an individual or $1,000,000 in any other 

25 case, or imprisoned not more than 10 years, or both. ImVerDate Mar 15 2010 23:10 Jul 01, 2010 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5645.IH H5645

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1 prisonment imposed under this paragraph shall run con2 secutively to any imprisonment imposed for the offense 

3 under any other provision of this title or title III.’’. 

4 (b) USE OF HAZARDOUS SUBSTANCES ON FEDERAL

5 LAND.—Section 401(b)(6) of such Act (21 U.S.C. 

6 841(b)(6)) is amended— 

7 (1) by striking ‘‘five’’ and inserting ‘‘10’’; and 

8 (2) by adding at the end the following: ‘‘A sen9 tence of imprisonment imposed under this paragraph 

10 shall run consecutively to any imprisonment imposed 

11 for the offense under any other provision of this title 

12 or title III.’’. 

13 (c) UNAUTHORIZED STREAM DIVERSION OR UNAU14 THORIZED VEGETATION REMOVAL ON FEDERAL LAND.— 

15 Section 401(b) of such Act (21 U.S.C. 841(b)) is amended 

16 by adding at the end the following: 

17 ‘‘(8) Whoever violates subsection (a) by manufac18 turing or cultivating a controlled substance on Federal 

19 land, and to facilitate or in the course of such violation 

20 knowingly— 

21 ‘‘(A) without authorization, diverts an aquifer, 

22 spring, stream, river, or body of water; or 

23 ‘‘(B) without authorization, removes vegetation 

24 on Federal land; 


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1 shall be fined under title 18, United States Code, or im2 prisoned not more than 10 years, or both. Imprisonment 

3 imposed under this paragraph shall run consecutively to 

4 any imprisonment imposed for the offense under any other 

5 provision of this title or title III.’’. 

6 (d) BOOBYTRAPS ON FEDERAL PROPERTY.—Section 

7 401(d) of such Act (21 U.S.C. 841(d)) is amended by add8 ing at the end the following: 

9 ‘‘(4) Imprisonment imposed under this subsection 

10 shall run consecutively to any imprisonment imposed for 

11 the offense under any other provision of this title or title 

12 III.’’. 

13 (e) USE OR POSSESSION OF FIREARMS IN CONNEC14 TION WITH DRUG OFFENSES ON FEDERAL LANDS.—Sec15 tion 924(c) of title 18, United States Code, is amended 

16 by adding at the end the following: 

17 ‘‘(6) In imposing a sentence under this subsection, 

18 the court shall consider it as an aggravating factor war19 ranting a longer sentence of imprisonment if the offense 

20 was a violation of the Controlled Substances Act or the 

21 Controlled Substances Import and Export Act and took 

22 place on Federal lands.’’. 

Æ 


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