I 
112TH CONGRESS 
1ST SESSION 
H. R. 759 
To require the Director of National Drug Control Policy to develop a Federal 
Lands Counterdrug Strategy, and for other purposes. 
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 consider-
ation 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Federal Lands 
Counterdrug Strategy Act’’. 
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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 there-
after, 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 pre-
venting the illegal production, cultivation, manufac-
ture, and trafficking of controlled substances on cov-
ered 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 Strat-
egy shall include— 
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(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 Strat-
egy shall include an analysis of the effect of Federal laws 
related to the management of covered lands on the en-
forcement 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 ap-
propriate. 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 de-
scribed in paragraph (1) results from restrictions 
under such land-management laws that— 
(A) limit the use of tools or strategies, in-
cluding motor vehicles, used by law enforcement 
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personnel to enforce such laws related to con-
trolled substances in areas that are not on cov-
ered lands; or 
(B) result in a lack of access to areas on 
covered lands that creates havens for the impor-
tation, manufacture, distribution, possession, or 
use of controlled substances; and 
(3) whether any additional authorities, includ-
ing exceptions from or waiver authority with respect 
to such land-management laws, are needed to pre-
vent the importation, manufacture, distribution, pos-
session, 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 Strat-
egy 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 in-
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clude recommendations about changes to such authorities 
or laws. 
(g) REPORT TO CONGRESS.—The Director shall pro-
vide 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 ENFORCE-
MENT SENSITIVE INFORMATION.—Any content of the 
Federal Lands Counterdrug Strategy that involves infor-
mation classified under criteria established by an Execu-
tive 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 Con-
gress 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, 
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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 AGEN-
CY.—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)). 
Æ 
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