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 re-
ferred to the Committee on the Judiciary, and in addition to the Commit-
tees 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 com-
mittee 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 of-
fenses on Federal lands. 
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 ‘‘Federal Lands 
Counterdrug Strategy and Enforcement Enhancement 
Act’’. 
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. 
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(c) SPECIFIC CONTENT RELATED TO MARIJUANA 
ERADICATION.—The Federal Lands Counterdrug Strat-
egy shall include— 
(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; 
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(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 
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 
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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-
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: 
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(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, 
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)). 
SEC. 3. ENHANCED PENALTIES FOR CERTAIN DRUG OF-
FENSES ON FEDERAL LANDS. 
(a) CULTIVATING OR MANUFACTURING CONTROLLED 
SUBSTANCES
ON
FEDERAL
PROPERTY.—Section 
401(b)(5) of the Controlled Substances Act (21 U.S.C. 
841(b)(5)) is amended by striking ‘‘imprisoned as pro-
vided in’’ and all that follows through the end of the para-
graph and inserting ‘‘fined not more than $500,000 if the 
defendant is an individual or $1,000,000 in any other 
case, or imprisoned not more than 10 years, or both. Im-
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prisonment imposed under this paragraph shall run con-
secutively to any imprisonment imposed for the offense 
under any other provision of this title or title III.’’. 
(b) USE OF HAZARDOUS SUBSTANCES ON FEDERAL 
LAND.—Section 401(b)(6) of such Act (21 U.S.C. 
841(b)(6)) is amended— 
(1) by striking ‘‘five’’ and inserting ‘‘10’’; and 
(2) by adding at the end the following: ‘‘A sen-
tence of imprisonment imposed under this paragraph 
shall run consecutively to any imprisonment imposed 
for the offense under any other provision of this title 
or title III.’’. 
(c) UNAUTHORIZED STREAM DIVERSION OR UNAU-
THORIZED VEGETATION REMOVAL ON FEDERAL LAND.— 
Section 401(b) of such Act (21 U.S.C. 841(b)) is amended 
by adding at the end the following: 
‘‘(8) Whoever violates subsection (a) by manufac-
turing or cultivating a controlled substance on Federal 
land, and to facilitate or in the course of such violation 
knowingly— 
‘‘(A) without authorization, diverts an aquifer, 
spring, stream, river, or body of water; or 
‘‘(B) without authorization, removes vegetation 
on Federal land; 
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shall be fined under title 18, United States Code, or im-
prisoned not more than 10 years, or both. Imprisonment 
imposed under this paragraph shall run consecutively to 
any imprisonment imposed for the offense under any other 
provision of this title or title III.’’. 
(d) BOOBYTRAPS ON FEDERAL PROPERTY.—Section 
401(d) of such Act (21 U.S.C. 841(d)) is amended by add-
ing at the end the following: 
‘‘(4) Imprisonment imposed under this subsection 
shall run consecutively to any imprisonment imposed for 
the offense under any other provision of this title or title 
III.’’. 
(e) USE OR POSSESSION OF FIREARMS IN CONNEC-
TION WITH DRUG OFFENSES ON FEDERAL LANDS.—Sec-
tion 924(c) of title 18, United States Code, is amended 
by adding at the end the following: 
‘‘(6) In imposing a sentence under this subsection, 
the court shall consider it as an aggravating factor war-
ranting a longer sentence of imprisonment if the offense 
was a violation of the Controlled Substances Act or the 
Controlled Substances Import and Export Act and took 
place on Federal lands.’’. 
Æ 
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