I 
117TH CONGRESS 
2D SESSION 
H. R. 9119 
To provide for a program within the Forest Service to remediate the environ-
mental damages caused by trespass cannabis cultivation, amend the 
Federal Insecticide, Fungicide, and Rodenticide Act to include criminal 
penalties for illegal pesticide application on Government property, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 30, 2022 
Mr. PETERS (for himself and Mr. LAMALFA) introduced the following bill; 
which was referred to the Committee on Agriculture, and in addition to 
the Committees on Natural Resources, and the Budget, 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 provide for a program within the Forest Service to reme-
diate the environmental damages caused by trespass can-
nabis cultivation, amend the Federal Insecticide, Fun-
gicide, and Rodenticide Act to include criminal penalties 
for illegal pesticide application on Government property, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Targeting and Offset-
ting Existing Illegal Contaminants Act’’. 
SEC. 2. TRESPASS CANNABIS CULTIVATION SITE RESTORA-
TION PROGRAM ESTABLISHED. 
(a) TRESPASS CANNABIS CULTIVATION SITE RES-
TORATION PROGRAM.— 
(1) IN GENERAL.—The Secretary of the Agri-
culture shall carry out a program of environmental 
restoration on land under the jurisdiction of the 
Forest Service. The program shall be known as the 
‘‘Trespass Cannabis Cultivation Site Restoration 
Program’’. 
(2) 
APPLICATION
OF
SECTION
120
OF 
CERCLA.—Activities of the program described in 
subsection (b) shall be carried out subject to, and in 
a manner consistent with, section 120 (relating to 
Federal facilities) of CERCLA (42 U.S.C. 9620). 
(3) CONSULTATION WITH EPA.—The program 
shall be carried out in consultation with the Admin-
istrator of the Environmental Protection Agency. 
(4) ADMINISTRATIVE OFFICE WITHIN THE DE-
PARTMENT OF AGRICULTURE.—The Secretary shall 
identify an office within the Forest Service which 
shall have responsibility for carrying out the pro-
gram. 
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(b) PROGRAM GOALS.—The goals of the program 
shall include the identification, investigation, research, 
and development of solutions to, and remediation of, con-
tamination resulting from the cultivation of cannabis on 
land under the jurisdiction of the Forest Service. 
(c) RESPONSIBILITY FOR RESPONSE ACTIONS.— 
(1) BASIC
RESPONSIBILITY.—The Secretary 
shall, with respect to releases or threats of releases 
of hazardous substances, pollutants, contaminants, 
improper pesticides or other wastes resulting from 
the cultivation of cannabis, carry out (in accordance 
with the provisions of this Act and CERCLA) all re-
sponse actions at each facility or site which is under 
the jurisdiction of the Forest Service or any site 
which was under the jurisdiction of the Forest Serv-
ice at the time of such cultivation. 
(2) OTHER RESPONSIBLE PARTIES.—Paragraph 
(1) shall not apply to a removal or remedial action 
if the Administrator has provided for response action 
by a potentially responsible person in accordance 
with section 122 (relating to settlements) of 
CERCLA (42 U.S.C. 9622). 
(3) STATE
FEES
AND
CHARGES.—The Sec-
retary shall pay fees and charges imposed by State 
authorities for permit services for the disposal of 
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hazardous substances, pollutants, contaminants, im-
proper pesticides or other wastes on lands described 
in paragraph (1) to the same extent that nongovern-
mental entities are required to pay fees and charges 
imposed by State authorities for permit services. 
The preceding sentence shall not apply with respect 
to a payment that is the responsibility of a lessee, 
contractor, or other private person. 
(d) SERVICES OF OTHER ENTITIES.— 
(1) IN GENERAL.—Subject to paragraph (3), 
the Secretary may enter into agreements on a reim-
bursable or other basis with any other Federal agen-
cy, any State or local government agency, any In-
dian tribe, any owner of covenant property, or any 
nonprofit conservation organization to obtain the 
services of the agency, Indian tribe, owner, or orga-
nization to assist the Secretary in carrying out any 
of the Secretary’s responsibilities under this section. 
Services which may be obtained under this sub-
section include the identification, investigation, and 
cleanup of any hazardous substances, pollutants, 
contaminants, improper pesticides or other wastes 
resulting from the cultivation of cannabis on land 
described subsection (c)(1). 
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(2) CROSS-FISCAL
YEAR
AGREEMENTS.—An 
agreement with an agency under paragraph (1) may 
be for a period that begins in one fiscal year and 
ends in another fiscal year so long as the period of 
the agreement does not exceed two years. 
(3) LIMITATION
ON
REIMBURSABLE
AGREE-
MENTS.—An agreement with an agency under para-
graph (1) may not provide for reimbursement of the 
agency for regulatory enforcement activities. An 
agreement under such paragraph with respect to a 
site also may not change the cleanup standards se-
lected for the site pursuant to law. 
(4) DEFINITIONS.—In this subsection: 
(A) The term ‘‘Indian tribe’’ has the 
meaning given such term in section 101 of 
CERCLA (42 U.S.C. 9601). 
(B) The term ‘‘nonprofit conservation or-
ganization’’ means any non-governmental non-
profit organization whose primary purpose is 
conservation of open space or natural resources. 
(C) The term ‘‘owner of covenant prop-
erty’’ means an owner of property subject to a 
covenant provided by the United States in ac-
cordance with the requirements of paragraphs 
(3) and (4) of section 120(h) of CERCLA (42 
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U.S.C. 9620(h)), so long as the covenant prop-
erty is the site at which the services procured 
under paragraph (1) are to be performed. 
(5) SAVINGS
CLAUSE.—Nothing in this sub-
section affects the applicability of section 120 of 
CERCLA (42 U.S.C. 9620) to the Department of 
Agriculture or the obligations and responsibilities of 
the Department of Agriculture under subsection (h) 
of such section. 
(e) RESPONSE ACTION CONTRACTORS.—The provi-
sions of section 119 of CERCLA (42 U.S.C. 9619) apply 
to response action contractors (as defined in that section) 
who carry out response actions under this section. 
(f) USE OF APPROPRIATED FUNDS AT FORMER DE-
PARTMENT
OF
AGRICULTURE
SITES.—Appropriations 
available to the Department of Agriculture may be used 
on land described in subsection (c)(1) for remediation of 
damages described in such subsection. 
(g) SURETY-CONTRACTOR RELATIONSHIP.—Any sur-
ety which provides a bid, performance, or payment bond 
in connection with any direct Federal procurement for a 
response action contract under the Trespass Cannabis 
Cultivation Site Restoration Program and begins activities 
to meet its obligations under such bond, shall, in connec-
tion with such activities or obligations, be entitled to any 
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indemnification and the same standard of liability to 
which its principal was entitled under the contract or 
under any applicable law or regulation. 
(h) SURETY BONDS.— 
(1) APPLICABILITY OF SECTIONS 3131 AND 3133 
OF TITLE 40.—If under sections 3131 and 3133 of 
title 40, United States Code, surety bonds are re-
quired for any direct Federal procurement of any re-
sponse action contract under the Trespass Cannabis 
Cultivation Site Restoration Program and are not 
waived pursuant to section 3134 of title 40, the sur-
ety bonds shall be issued in accordance with sections 
3131 and 3133. 
(2) LIMITATION OF ACCRUAL OF RIGHTS OF AC-
TION UNDER BONDS.—If, under applicable Federal 
law, surety bonds are required for any direct Federal 
procurement of any response action contract under 
the Trespass Cannabis Cultivation Site Restoration 
Program, no right of action shall accrue on the per-
formance bond issued on such contract to or for the 
use of any person other than an obligee named in 
the bond. 
(3) LIABILITY OF SURETIES UNDER BONDS.— 
If, under applicable Federal law, surety bonds are 
required for any direct Federal procurement of any 
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response action contract under the Trespass Can-
nabis Cultivation Site Restoration Program, unless 
otherwise provided for by the Secretary in the bond, 
in the event of a default, the surety’s liability on a 
performance bond shall be only for the cost of com-
pletion of the contract work in accordance with the 
plans and specifications of the contract less the bal-
ance of funds remaining to be paid under the con-
tract, up to the penal sum of the bond. The surety 
shall in no event be liable on bonds to indemnify or 
compensate the obligee for loss or liability arising 
from personal injury or property damage whether or 
not caused by a breach of the bonded contract. 
(4) NONPREEMPTION.—Nothing in this section 
shall be construed as— 
(A) preempting, limiting, superseding, af-
fecting, applying to, or modifying any State 
laws, regulations, requirements, rules, practices, 
or procedures; or 
(B) affecting, applying to, modifying, lim-
iting, superseding, or preempting any rights, 
authorities, liabilities, demands, actions, causes 
of action, losses, judgment, claims, statutes of 
limitation, or obligations under Federal or State 
law, which do not arise on or under the bond. 
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(i) APPLICABILITY.— 
(1) BONDS EXECUTED BEFORE DECEMBER 5, 
1991.—Subsections (g) and (h) shall not apply to 
bonds executed before December 5, 1991. 
(2) OTHER BONDS.—Subsections (g) and (h) 
shall not apply to bonds to which section 119(g) of 
CERCLA (42 U.S.C. 9619(g)) applies. 
(j) ESTABLISHMENT OF ACCOUNTS.— 
(1) IN GENERAL.— 
(A) TRESPASS
CANNABIS
CULTIVATION 
SITE RESTORATION ACCOUNT, AGRICULTURE.— 
There is hereby established in the Treasury of 
the United States an account to be known as 
the ‘‘Trespass Cannabis Cultivation Site Res-
toration Account, Agriculture’’ which shall con-
sist of, with respect to land under the jurisdic-
tion of the Forest Service— 
(i) amounts appropriated with respect 
to such land under subsection (m); 
(ii) amounts recovered from tres-
passers for response actions on such land 
under CERCLA; and 
(iii) any other amounts recovered 
from a contractor, insurer, surety, or other 
person to reimburse the Department of 
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