Targeting and Offsetting Existing Illegal Contaminants Act

Bill: 117-hr-9119
Sponsor: full_name: Rep. Peters, Scott H. [D-CA-52]
Introduced: 2022-09-30
Policy area: Public Lands and Natural Resources
Subjects: Crimes against animals and natural resources

Environmental assessment, monitoring, research

Forests, forestry, trees

Hazardous wastes and toxic substances

Land use and conservation
Latest action: action_date: 2022-10-28
text: Referred to the Subcommittee on Conservation and Forestry.

Summaries:
action_date: 2022-09-30
action_desc: Introduced in House
text: <p><strong>Targeting and Offsetting Existing Illegal Contaminants Act</strong></p> <p>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.</p> <p>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.</p>

tv_txt: I 117th CONGRESS 2d Session H. R. 9119 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.

1. Short title This Act may be cited as the Targeting and Offsetting Existing Illegal Contaminants Act . 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. 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. . 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 .