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 subse-
quently 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. CULTIVATING OR MANUFACTURING CON-
TROLLED SUBSTANCES ON FEDERAL PROP-
ERTY. 
Section 401(b)(5) of the Controlled Substances Act 
(21 U.S.C. 841(b)(5)) is amended by striking ‘‘as provided 
in this subsection’’ and inserting ‘‘for not more than 10 
VerDate Mar 15 2010 
02:27 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2270.IH
H2270
rfrederick on DSK4SPTVN1PROD with BILLS
years, in addition to any other term of imprisonment im-
posed under this subsection,’’. 
SEC. 2. USE OF HAZARDOUS SUBSTANCES. 
Pursuant to its authority under section 994 of title 
28, United States Code, the United States Sentencing 
Commission shall amend the Federal Sentencing Guide-
lines and policy statements to ensure that the guidelines 
provide an additional penalty increase of 2 offense levels 
above the sentence otherwise applicable for a violation of 
section 401(a) of the Controlled Substances Act (21 
U.S.C. 841(a)) if the offense— 
(1) includes the use of a poison, chemical, or 
other hazardous substance to cultivate or manufac-
ture controlled substances on Federal property; 
(2) creates a hazard to humans, wildlife, or do-
mestic animals; 
(3) degrades or harms the environment or nat-
ural resources; or 
(4) pollutes an aquifer, spring, stream, river, or 
body of water. 
SEC. 3. STREAM DIVERSION OR CLEAR CUTTING ON FED-
ERAL PROPERTY. 
(a) PROHIBITION ON STREAM DIVERSION OR CLEAR 
CUTTING ON FEDERAL PROPERTY.—Section 401(b) of 
VerDate Mar 15 2010 
02:27 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2270.IH
H2270
rfrederick on DSK4SPTVN1PROD with BILLS
the Controlled Substances Act is amended by adding at 
the end the following: 
‘‘(8) DESTRUCTION OF BODIES OF WATER.— 
Any person who violates subsection (a) in a manner 
that diverts, redirects, obstructs, or drains an aqui-
fer, spring, stream, river, or body of water or clear 
cuts timber while cultivating or manufacturing a 
controlled substance on Federal property shall be 
fined in accordance with title 18, United States 
Code.’’. 
(b) FEDERAL SENTENCING GUIDELINES ENHANCE-
MENT.—Pursuant to its authority under section 994 of 
title 28, United States Code, the United States Sentencing 
Commission shall amend the Federal Sentencing Guide-
lines and policy statements to ensure that the guidelines 
provide an additional penalty increase of 2 offense levels 
for above the sentence otherwise applicable for a violation 
of section 401(a) of the Controlled Substances Act (21 
U.S.C. 841(a)) if the offense involves the diversion, redi-
rection, obstruction, or draining of an aquifer, spring, 
stream, river, or body of water or the clear cut of timber 
while cultivating or manufacturing a controlled substance 
on Federal property. 
VerDate Mar 15 2010 
02:27 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2270.IH
H2270
rfrederick on DSK4SPTVN1PROD with BILLS
SEC. 4. BOOBY TRAPS ON FEDERAL LAND. 
Section 401(d)(1) of the Controlled Substances Act 
(21 U.S.C. 841(d)(1)) is amended by inserting ‘‘cul-
tivated,’’ after ‘‘is being’’. 
SEC. 5. USE OR POSSESSION OF FIREARMS IN CONNECTION 
WITH DRUG OFFENSES ON FEDERAL LANDS. 
Pursuant to its authority under section 994 of title 
28, United States Code, the United States Sentencing 
Commission shall amend the Federal Sentencing Guide-
lines and policy statements to ensure that the guidelines 
provide an additional penalty increase of 2 offense levels 
above the sentence otherwise applicable for a violation of 
section 401(a) of the Controlled Substances Act (21 
U.S.C. 841(a)) if the offense involves the possession of 
a firearm while cultivating or manufacturing controlled 
substances on Federal lands. 
Æ 
VerDate Mar 15 2010 
02:27 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H2270.IH
H2270
rfrederick on DSK4SPTVN1PROD with BILLS