What This Bill Does
This bill creates a program within the Forest Service to find, document, monitor and clean up environmental damage caused by illegal cannabis cultivation on National Forest lands. It also adds criminal penalties for illegally applying pesticides on government property.
Who It Affects
The Forest Service (part of the Department of Agriculture), people illegally growing cannabis on federal forest land, people illegally applying pesticides on federal property, contractors hired to clean up contaminated sites, and state environmental agencies.
Key Provisions
• The Secretary of Agriculture must run a program called the "Trespass Cannabis Cultivation Site Remediation Program" to detect, identify, assess and clean up contamination from illegal cannabis growing on Forest Service land (Sec. 2(a) and (b)).
• The Secretary can pay state permit fees for disposing of hazardous substances and pesticides on contaminated forest land to the same extent private companies must pay these fees (Sec. 2(c)(3)).
• The Secretary can hire other federal agencies, state or local governments, tribes, nonprofit conservation organizations, or property owners to help detect, identify, assess and clean up hazardous materials from illegal cannabis sites, but these agreements cannot last longer than three years and cannot change cleanup standards set by law (Sec. 2(d)).
• Any person who illegally applies pesticides during the commission of a federal crime of destroying government property faces up to 10 years in prison in addition to other punishments (Sec. 3).
• Illegal cannabis cultivation on public lands using pesticides that violate federal pesticide law is punished by a fine of up to $250,000, imprisonment of up to 20 years, or both (Sec. 4).
What Changes
If this becomes law, the Forest Service will be required to start a new cleanup program for contaminated forest sites. New criminal penalties will apply to people who illegally apply pesticides on government property, especially when committed alongside other federal crimes. Courts will be able to sentence people to up to 20 years in prison for illegally growing cannabis on public lands using non-compliant pesticides.
Important Definitions
• "Improper pesticide" means a pesticide that is cancelled by the Environmental Protection Agency at the time it is applied, improperly applied, or intentionally misused (Sec. 2(k)(2)).
• "Improperly applied" means using a pesticide product in a way that conflicts with the product label or applying pesticide in a manner that could risk environmental or human health (Sec. 2(k)(3)).
• "Intentionally misused" means storing or applying pesticide on a federal land cultivation site in a way that poses direct or indirect risk to wildlife, fish or pollinators (Sec. 2(k)(4)).
I
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 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 detect,
document, monitor, and remediate the environmental
damages caused by trespass cultivation on National For-
est 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 Representa-
1
tives of the United States of America in Congress assembled,
2
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SECTION 1. SHORT TITLE.
1
This Act may be cited as the ‘‘Targeting and Offset-
2
ting Existing Illegal Contaminants Act’’.
3
SEC. 2. TRESPASS CANNABIS CULTIVATION SITE REMEDI-
4
ATION PROGRAM ESTABLISHED.
5
(a) TRESPASS CANNABIS CULTIVATION SITE REME-
6
DIATION PROGRAM.—
7
(1) IN GENERAL.—The Secretary of the Agri-
8
culture shall carry out a program of environmental
9
remediation on land under the jurisdiction of the
10
Forest Service. The program shall be known as the
11
‘‘Trespass Cannabis Cultivation Site Remediation
12
Program’’.
13
(2)
APPLICATION
OF
SECTION
120
OF
14
CERCLA.—Activities of the program described in
15
subsection (b) shall be carried out subject to, and in
16
a manner consistent with, section 120 (relating to
17
Federal facilities) of CERCLA (42 U.S.C. 9620).
18
(3) ADMINISTRATIVE OFFICE WITHIN THE DE-
19
PARTMENT OF AGRICULTURE.—The Secretary shall
20
identify a branch within the Forest Service which
21
shall have the experience, expertise, and responsi-
22
bility for carrying out the program successfully.
23
(b) PROGRAM GOALS.—The goals of the program
24
shall include the detection, identification, assessment, in-
25
vestigation, monitoring, and development of solutions to,
26
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•HR 1473 IH
and remediation of, contamination resulting from the cul-
1
tivation of cannabis on land under the jurisdiction of the
2
Forest Service.
3
(c) RESPONSIBILITY FOR RESPONSE ACTIONS.—
4
(1) BASIC
RESPONSIBILITY.—The Secretary
5
shall, with respect to releases or threats of releases
6
of hazardous substances, pollutants, contaminants,
7
improper pesticides or other wastes, or refuse result-
8
ing from the cultivation of cannabis, carry out (in
9
accordance with the provisions of this Act and
10
CERCLA) all necessary response actions at each lo-
11
cation which is under the jurisdiction of the Forest
12
Service.
13
(2) OTHER RESPONSIBLE PARTIES.—Paragraph
14
(1) shall not apply to a removal or remedial action
15
if the Secretary has provided for response action by
16
a potentially responsible person in accordance with
17
section 122 (relating to settlements) of CERCLA
18
(42 U.S.C. 9622).
19
(3) STATE
FEES
AND
CHARGES.—The Sec-
20
retary shall pay fees and charges imposed by State
21
authorities for permit services for the disposal of
22
hazardous substances, pollutants, contaminants, im-
23
proper pesticides or other wastes on lands described
24
in paragraph (1) to the same extent that nongovern-
25
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•HR 1473 IH
mental entities are required to pay fees and charges
1
imposed by State authorities for permit services.
2
The preceding sentence shall not apply with respect
3
to a payment that is the responsibility of a lessee,
4
contractor, or other private person.
5
(d) SERVICES OF OTHER ENTITIES.—
6
(1) IN GENERAL.—Subject to paragraph (3),
7
the Secretary may enter into agreements on a reim-
8
bursable or other basis with any other Federal agen-
9
cy, any State or local government agency, any In-
10
dian tribe, any owner of covenant property, or any
11
nonprofit conservation organization to obtain the
12
services of the agency, Indian tribe, owner, or orga-
13
nization to assist the Secretary in carrying out any
14
of the Secretary’s responsibilities under this section.
15
Services which may be obtained under this sub-
16
section include the detection, identification, assess-
17
ment, monitoring, and cleanup of any hazardous
18
substances, pollutants, contaminants, improper pes-
19
ticides, or other wastes or refuse resulting from the
20
cultivation of cannabis on land described in sub-
21
section (c)(1).
22
(2) DATA AND SAFETY.—Agreements with an
23
agency under paragraph (1) may require approval
24
and adherence to agency program safety, data collec-
25
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•HR 1473 IH
tion, monitoring, assessment, and reporting param-
1
eters set forth by the Secretary.
2
(3) CROSS-FISCAL
YEAR
AGREEMENTS.—An
3
agreement with an agency under paragraph (1) may
4
be for a period that begins in one fiscal year and
5
ends in another fiscal year so long as the period of
6
the agreement does not exceed three years.
7
(4) LIMITATION
ON
REIMBURSABLE
AGREE-
8
MENTS.—An agreement with an agency under para-
9
graph (1) may not provide for reimbursement of the
10
agency for regulatory enforcement activities. An
11
agreement under such paragraph with respect to a
12
site also may not change the cleanup standards se-
13
lected for the site pursuant to law or establish a
14
cleanup level inconsistent with the Forest Service’s
15
future intended land use.
16
(5) DEFINITIONS.—In this subsection:
17
(A) The term ‘‘Indian tribe’’ has the
18
meaning given such term in section 101 of
19
CERCLA (42 U.S.C. 9601).
20
(B) The term ‘‘nonprofit conservation or-
21
ganization’’ means any 501(c)(3) non-govern-
22
mental nonprofit organization whose primary
23
purpose is conservation of open space or nat-
24
ural resources.
25
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•HR 1473 IH
(C) The term ‘‘owner of covenant prop-
1
erty’’ means an owner of property subject to a
2
covenant provided by the United States in ac-
3
cordance with the requirements of paragraphs
4
(3) and (4) of section 120(h) of CERCLA (42
5
U.S.C. 9620(h)), so long as the covenant prop-
6
erty is the site at which the services procured
7
under paragraph (1) are to be performed.
8
(6) SAVINGS
CLAUSE.—Nothing in this sub-
9
section affects the applicability of section 120 of
10
CERCLA (42 U.S.C. 9620) to the Department of
11
Agriculture or the obligations and responsibilities of
12
the Department of Agriculture under subsection (h)
13
of such section.
14
(e) RESPONSE ACTION CONTRACTORS.—The provi-
15
sions of section 119 of CERCLA (42 U.S.C. 9619) apply
16
to response action contractors (as defined in that section)
17
who carry out response actions under this section.
18
(f) SURETY-CONTRACTOR RELATIONSHIP.—Any sur-
19
ety which provides a bid, performance, or payment bond
20
in connection with any direct Federal procurement for a
21
response action contract under the Trespass Cannabis
22
Cultivation Site Remediation Program and begins activi-
23
ties to meet its obligations under such bond, shall, in con-
24
nection with such activities or obligations, be entitled to
25
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•HR 1473 IH
any indemnification and the same standard of liability to
1
which its principal was entitled under the contract or
2
under any applicable law or regulation.
3
(g) SURETY BONDS.—
4
(1) APPLICABILITY OF SECTIONS 3131 AND 3133
5
OF TITLE 40.—If under sections 3131 and 3133 of
6
title 40, United States Code, surety bonds are re-
7
quired for any direct Federal procurement of any re-
8
sponse action contract under the Trespass Cannabis
9
Cultivation Site Remediation Program and are not
10
waived pursuant to section 3134 of title 40, the sur-
11
ety bonds shall be issued in accordance with sections
12
3131 and 3133.
13
(2) LIMITATION OF ACCRUAL OF RIGHTS OF AC-
14
TION UNDER BONDS.—If, under applicable Federal
15
law, surety bonds are required for any direct Federal
16
procurement of any response action contract under
17
the Trespass Cannabis Cultivation Site Remediation
18
Program, no right of action shall accrue on the per-
19
formance bond issued on such contract to or for the
20
use of any person other than an obligee named in
21
the bond.
22
(3) LIABILITY OF SURETIES UNDER BONDS.—
23
If, under applicable Federal law, surety bonds are
24
required for any direct Federal procurement of any
25
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•HR 1473 IH
response action contract under the Trespass Can-
1
nabis Cultivation Site Remediation Program, unless
2
otherwise provided for by the Secretary in the bond,
3
in the event of a default, the surety’s liability on a
4
performance bond shall be only for the cost of com-
5
pletion of the contract work in accordance with the
6
plans and specifications of the contract less the bal-
7
ance of funds remaining to be paid under the con-
8
tract, up to the penal sum of the bond. The surety
9
shall in no event be liable on bonds to indemnify or
10
compensate the obligee for loss or liability arising
11
from personal injury or property damage whether or
12
not caused by a breach of the bonded contract.
13
(4) NONPREEMPTION.—Nothing in this section
14
shall be construed as—
15
(A) preempting, limiting, superseding, af-
16
fecting, applying to, or modifying any State
17
laws, regulations, requirements, rules, practices,
18
or procedures; or
19
(B) affecting, applying to, modifying, lim-
20
iting, superseding, or preempting any rights,
21
authorities, liabilities, demands, actions, causes
22
of action, losses, judgment, claims, statutes of
23
limitation, or obligations under Federal or State
24
law, which do not arise on or under the bond.
25
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•HR 1473 IH
(h) APPLICABILITY.—
1
(1) BONDS EXECUTED BEFORE DECEMBER 5,
2
1991.—Subsections (f) and (g) shall not apply to
3
bonds executed before December 5, 1991.
4
(2) OTHER
BONDS.—Subsections (f) and (g)
5
shall not apply to bonds to which section 119(g) of
6
CERCLA (42 U.S.C. 9619(g)) applies.
7
(i) ESTABLISHMENT OF ACCOUNTS.—
8
(1) TRESPASS CANNABIS CULTIVATION SITE RE-
9
MEDIATION
ACCOUNT,
AGRICULTURE.—There is
10
hereby established in the Treasury of the United
11
States an account to be known as the ‘‘Trespass
12
Cannabis Cultivation Site Remediation Account, Ag-
13
riculture’’ which shall consist of, with respect to land
14
under the jurisdiction of the Forest Service—
15
(A) amounts appropriated with respect to
16
such land under subsection (l);
17
(B) amounts recovered from trespassers
18
for response actions on such land under
19
CERCLA; and
20
(C) any other amounts recovered from a
21
contractor, insurer, surety, or other person to
22
reimburse the Department of Agriculture for
23
environmental response activities on such land.
24
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•HR 1473 IH
(2) OBLIGATION OF AUTHORIZED AMOUNTS.—
1
Funds authorized for deposit in an account under
2
paragraph (1)—
3
(A) may be obligated or expended from the
4
account only to carry out the environmental re-
5
mediation functions of the Secretary of Agri-
6
culture; and
7
(B) shall remain available until expended.
8
(3) PAYMENTS
OF
FINES
AND
PENALTIES.—
9
None of the funds appropriated to the Trespass
10
Cannabis Cultivation Site Remediation Account, Ag-
11
riculture may be used for the payment of a fine or
12
penalty (including any supplemental environmental
13
project carried out as part of such penalty) imposed
14
against the Department of Agriculture unless the act
15
or omission for which the fine or penalty is imposed
16
arises out of an activity funded by the environmental
17
remediation account concerned and the payment of
18
the fine or penalty has been specifically authorized
19
by law.
20
(4) ENVIRONMENTAL
REMEDY
DEFINED.—In
21
this subsection, the term ‘‘environmental remedy’’
22
has the meaning given the term ‘‘remedy’’ in section
23
101 of CERCLA (42 U.S.C. 9601).
24
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•HR 1473 IH
(j) BUDGET REPORTS.—In proposing the budget for
1
any fiscal year pursuant to section 1105 of title 31, United
2
States Code, the President shall set forth separately the
3
amounts requested for environmental remediation pro-
4
grams of the Forest Service.
5
(k) DEFINITIONS.—In this section:
6
(1) CERCLA.—The term ‘‘CERCLA’’ means
7
the Comprehensive Environmental Response, Com-
8
pensation, and Liability Act of 1980 (42 U.S.C.
9
9601 et seq.).
10
(2) IMPROPER
PESTICIDE.—The term ‘‘im-
11
proper pesticide’’ means a pesticide that is—
12
(A) at the time of application, cancelled by
13
the Environmental Protection Agency under the
14
Federal Insecticide, Fungicide, and Rodenticide
15
Act (7 U.S.C. 136 et seq.);
16
(B) improperly applied; or
17
(C) intentionally misused.
18
(3) IMPROPERLY APPLIED.—The term ‘‘improp-
19
erly applied’’ means, with respect to a pesticide
20
using a pesticide product in conflict with the product
21
labeling or applying a pesticide in a manner that
22
could pose a risk to environmental or human health.
23
(4) INTENTIONALLY MISUSED.—The term ‘‘in-
24
tentionally misused’’ means, with respect
[Text truncated for display. Full text available on Congress.gov.]