[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1473 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 1473
To provide for a program within the Forest Service to detect, document,
monitor, and remediate the environmental damages caused by trespass
cultivation on National Forest Lands, and 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
March 8, 2023
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 detect, document,
monitor, and remediate the environmental damages caused by trespass
cultivation on National Forest Lands, and 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 REMEDIATION PROGRAM
ESTABLISHED.
(a) Trespass Cannabis Cultivation Site Remediation Program.--
(1) In general.--The Secretary of the Agriculture shall
carry out a program of environmental remediation on land under
the jurisdiction of the Forest Service. The program shall be
known as the ``Trespass Cannabis Cultivation Site Remediation
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) Administrative office within the department of
agriculture.--The Secretary shall identify a branch within the
Forest Service which shall have the experience, expertise, and
responsibility for carrying out the program successfully.
(b) Program Goals.--The goals of the program shall include the
detection, identification, assessment, investigation, monitoring, 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, or refuse resulting from the cultivation of
cannabis, carry out (in accordance with the provisions of this
Act and CERCLA) all necessary response actions at each location
which is under the jurisdiction of the Forest Service.
(2) Other responsible parties.--Paragraph (1) shall not
apply to a removal or remedial action if the Secretary 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 detection,
identification, assessment, monitoring, and cleanup of any
hazardous substances, pollutants, contaminants, improper
pesticides, or other wastes or refuse resulting from the
cultivation of cannabis on land described in subsection (c)(1).
(2) Data and safety.--Agreements with an agency under
paragraph (1) may require approval and adherence to agency
program safety, data collection, monitoring, assessment, and
reporting parameters set forth by the Secretary.
(3) 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 three years.
(4) 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 or establish a cleanup level inconsistent
with the Forest Service's future intended land use.
(5) 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 501(c)(3) 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.
(6) 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) 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 Remediation 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.
(g) 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 Remediation 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
Remediation 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 Remediation
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.
(h) Applicability.--
(1) Bonds executed before december 5, 1991.--Subsections
(f) and (g) shall not apply to bonds executed before December
5, 1991.
(2) Other bonds.--Subsections (f) and (g) shall not apply
to bonds to which section 119(g) of CERCLA (42 U.S.C. 9619(g))
applies.
(i) Establishment of Accounts.--
(1) Trespass cannabis cultivation site remediation account,
agriculture.--There is hereby established in the Treasury of
the United States an account to be known as the ``Trespass
Cannabis Cultivation Site Remediation Account, Agriculture''
which shall consist of, with respect to land under the
jurisdiction of the Forest Service--
(A) amounts appropriated with respect to such land
under subsection (l);
(B) amounts recovered from trespassers for response
actions on such land under CERCLA; and
(C) 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 remediation
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
Remediation Account, Agriculture 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 remediation account concerned and
the payment of the fine or penalty has been specifically
authorized by law.
(4) 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).
(j) 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
remediation programs of the Forest Service.
(k) 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
Environmental Protection Agency under the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136 et seq.);
(B) improperly applied; or
(C) intentionally misused.
(3) Improperly applied.--The term ``improperly applied''
means, with respect to a pesticide using a pesticide product in
conflict with the product labeling or applying a pesticide in a
manner that could pose a risk to environmental or human health.
(4) Intentionally misused.--The term ``intentionally
misused'' means, with respect to a pesticide, the storage or
application of a pesticide on a cultivation site on Federal
land which poses an indirect or direct risk to wildlife, fish,
or pollinators.
(l) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $250,000,000 for the period of
fiscal years 2024 through 2033.
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''.
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