Title: Targeting and Offsetting Existing Illegal Contaminants Act
Policy area: Public Lands and Natural Resources

Summary:
Targeting and Offsetting Existing Illegal Contaminants Act
This bill provides for a program within the Forest Service to identify, investigate, research, and remediate the environmental damage caused by trespass cultivation of cannabis on National Forest System lands and increases criminal penalties for illegal pesticide application on government property.
Specifically, the bill directs the Forest Service to carry out a program of environmental remediation on its land, to be known as the Trespass Cannabis Cultivation Site Restoration Program.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9119 Introduced in House (IH)]

<DOC>






117th CONGRESS
  2d Session
                                H. R. 9119

  To provide for a program within the Forest Service to remediate the 
 environmental 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 consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
  To provide for a program within the Forest Service to remediate the 
 environmental 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Targeting and Offsetting Existing 
Illegal Contaminants Act''.

SEC. 2. TRESPASS CANNABIS CULTIVATION SITE RESTORATION PROGRAM 
              ESTABLISHED.

    (a) Trespass Cannabis Cultivation Site Restoration Program.--
            (1) In general.--The Secretary of the Agriculture 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 Administrator of the Environmental 
        Protection Agency.
            (4) Administrative office within the department of 
        agriculture.--The Secretary shall identify an office within the 
        Forest Service which shall have responsibility for carrying out 
        the program.
    (b) Program Goals.--The goals of the program shall include the 
identification, investigation, research, and development of solutions 
to, and remediation of, contamination 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 response 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 Service 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 Secretary shall pay fees 
        and charges imposed by State authorities for permit services 
        for the disposal of hazardous substances, pollutants, 
        contaminants, improper pesticides or other wastes on lands 
        described in paragraph (1) to the same extent that 
        nongovernmental 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 reimbursable or other basis with 
        any other Federal agency, any State or local government agency, 
        any Indian tribe, any owner of covenant property, or any 
        nonprofit conservation organization to obtain the services of 
        the agency, Indian tribe, owner, or organization to assist the 
        Secretary in carrying out any of the Secretary's 
        responsibilities under this section. Services which may be 
        obtained under this subsection 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).
            (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 agreements.--An agreement 
        with an agency under paragraph (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 selected 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 
                organization'' means any non-governmental nonprofit 
                organization whose primary purpose is conservation of 
                open space or natural resources.
                    (C) The term ``owner of covenant property'' means 
                an owner of property subject to a covenant provided by 
                the United States in accordance with the requirements 
                of paragraphs (3) and (4) of section 120(h) of CERCLA 
                (42 U.S.C. 9620(h)), so long as the covenant property 
                is the site at which the services procured under 
                paragraph (1) are to be performed.
            (5) Savings clause.--Nothing in this subsection 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 provisions 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 Department 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 surety 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 connection with such activities 
or obligations, be entitled to any 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 required for any direct Federal 
        procurement of any response action contract under the Trespass 
        Cannabis Cultivation Site Restoration Program and are not 
        waived pursuant to section 3134 of title 40, the surety bonds 
        shall be issued in accordance with sections 3131 and 3133.
            (2) Limitation of accrual of rights of action 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 
        performance 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 response action contract 
        under the Trespass Cannabis 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 completion of 
        the contract work in accordance with the plans and 
        specifications of the contract less the balance of funds 
        remaining to be paid under the contract, 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, affecting, 
                applying to, or modifying any State laws, regulations, 
                requirements, rules, practices, or procedures; or
                    (B) affecting, applying to, modifying, limiting, 
                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.
    (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 
                Restoration Account, Agriculture'' which shall consist 
                of, with respect to land under the jurisdiction of the 
                Forest Service--
                            (i) amounts appropriated with respect to 
                        such land under subsection (m);
                            (ii) amounts recovered from trespassers 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 Agriculture for 
                        environmental response activities on such land.
                    (B) Trespass cannabis cultivation site restoration 
                account, formerly used agriculture sites.--An account 
                to be known as the ``Trespass Cannabis Cultivation Site 
                Restoration Account, Formerly Used Agriculture Sites'' 
                which shall consist of, with respect to land formerly 
                under the jurisdiction of the Secretary of 
                Agriculture--
                            (i) amounts appropriated with respect to 
                        such land under subsection (m);
                            (ii) amounts recovered from trespassers 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 Agriculture for 
                        environmental response activities on such land.
            (2) Obligation of authorized amounts.--Funds authorized for 
        deposit in an account under paragraph (1)--
                    (A) may be obligated or expended from the account 
                only to carry out the environmental restoration 
                functions of the Secretary of Agriculture; and
                    (B) shall remain available until expended.
            (3) Payments of fines and penalties.--None of the funds 
        appropriated to the Trespass Cannabis Cultivation Site 
        Restoration Account, Agriculture, or to the Trespass Cannabis 
        Cultivation Site Restoration Account, Formerly Used Agriculture 
        Sites, may be used for the payment of a fine or penalty 
        (including any supplemental environmental project carried out 
        as part of such penalty) imposed against the Department of 
        Agriculture unless the act or omission for which the fine or 
        penalty is imposed arises out of an activity funded by the 
        environmental restoration account concerned and the payment of 
        the fine or penalty has been specifically authorized by law.
            (4) Sole source of funds for operation and monitoring of 
        environmental remedies.--The sole source of funds for all 
        phases of an environmental remedy on land under the 
        jurisdiction of the Forest Service or land formerly under the 
        jurisdiction of the Forest Service shall be the applicable 
        environmental restoration accounts established under paragraph 
        (1).
            (5) Environmental remedy defined.--In this subsection, the 
        term ``environmental remedy'' has the meaning given the term 
        ``remedy'' in section 101 of CERCLA (42 U.S.C. 9601).
    (k) Budget Reports.--In proposing the budget for any fiscal year 
pursuant to section 1105 of title 31, United States Code, the President 
shall set forth separately the amounts requested for environmental 
restoration programs of the Forest Service.
    (l) Definitions.--In this section:
            (1) CERCLA.--The term ``CERCLA'' means the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601 et seq.).
            (2) Improper pesticide.--The term ``improper pesticide'' 
        means a pesticide that is--
                    (A) at the time of application, cancelled by the 
                Secretary of Agriculture under the Federal Insecticide, 
                Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.); 
                or
                    (B) improperly applied.
    (m) Authorization of Appropriations.--To carry out this section, 
there is authorized to be appropriated $250,000,000 for the period of 
fiscal years 2023 through 2027.

SEC. 3. CRIMINAL PENALTIES FOR ILLEGAL PESTICIDE APPLICATION.

    Section 14(b)(2) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136l(b)(2)) is amended to read as follows:
            ``(2) Private applicator.--
                    ``(A) In general.--Any private applicator or other 
                person not included in paragraph (1) who knowingly 
                violates any provision of this Act shall be guilty of a 
                misdemeanor and shall on conviction be fined not more 
                than $1,000, or imprisoned for not more than 30 days, 
                or both.
                    ``(B) During the commission of a federal offense.--
                Any private applicator or other person not included in 
                paragraph (1) who knowingly violates any provision of 
                this Act during the commission of a Federal offense 
                under section 1361 of title 18, United States Code, 
                shall, in addition to the punishment provided under 
                such section, on conviction be imprisoned for not more 
                than 10 years.''.

SEC. 4. PROTECTION OF NATIONAL FORESTS; RULES AND REGULATIONS.

    The Act of June 4, 1897 (16 U.S.C. 551; 30 Stat. 35) is amended by 
inserting ``Any violation of the provisions of this section, the 
sections referenced in the preceding sentence, or such rules and 
regulations, which involves the illegal cultivation of cannabis on 
public lands using pesticides which are not in compliance with the 
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et 
seq.) shall be punished by a fine of not more than $250,000 or 
imprisoned for not more than 20 years, or both.'' before ``Any person 
charged''.
                                 <all>