NATIONAL FOREST SYSTEM, NATIONAL PARK SYSTEM, AND BUREAU OF LAND MANAGEMENT PUBLIC LANDS SAFETY.

SEC. 6254. NATIONAL FOREST SYSTEM, NATIONAL PARK SYSTEM, AND BUREAU OF LAND MANAGEMENT PUBLIC LANDS SAFETY. (a) Findings.—Congress finds that— (1) National Forest System lands continue to be a haven for the unlawful production of marijuana and other controlled substances, which— (A) endangers the public in its use of National Forest System lands; (B) interferes with the ability of the Forest Service to effectively manage the natural resources and activities within the National Forest System; and (C) causes damage and destruction of the natural resources and facilities managed by the Forest Service; (2) the unlawful production of marijuana and other controlled substances often— (A) is generally harmful to the environment and public health and safety; (B) pollutes the air, soil, and water; and (C) is harmful to wildlife; (3) the Forest Service needs additional authority to adequately deal with the problem of controlled substance production that affects the administration of the National Forest System; (4) the Forest Service needs to be able to exercise its investigative authorities outside the boundaries of the National Forest System for drug-related crimes arising from within the National Forest System in order to be effective in deterring such crime; (5) the authority and powers of the Forest Service are not intended to be in conflict or interfere with the statutory authority, powers, or responsibilities of any State or political subdivision thereof; and (6) the Forest Service, in the exercise of its law enforcement powers, should cooperate to every extent possible with any other Federal, State, or local law enforcement authority having jurisdiction in areas where national forests are located, particularly where coordinated investigative and enforcement actions can be effective to control crime which affects multiple agencies. (b) Powers.—Section 15003 of the National Forest System Drug Control Act of 1986 (16 U.S.C. 559c) is amended— 102 STAT. 4364 (1) in the matter preceding paragraph (1)— (A) by striking out “500 officers and employees” and inserting in lieu thereof “1,000 special agents and law enforcement officers”; and (B) by striking out “within the boundaries of the National Forest System”; (2) in paragraph (2)— (A) by inserting after “conduct” the following: “, within the exterior boundaries of the National Forest System,”; and (B) by inserting before the semicolon at the end thereof the following: “and to conduct such investigations and enforcement of such laws outside the exterior boundaries of the National Forest System for offenses committed within the National Forest System or which affect the administration of the National Forest System (including the pursuit of persons suspected of such offenses who flee the National Forest System to avoid arrest)”; and (3) in paragraph (3), by inserting before the semicolon at the end thereof the following: “, for offenses committed within the National Forest System or which affect the administration of the National Forest System;”. (c) Cooperation.—Section 15004 of the National Forest System Drug Control Act of 1986 (16 U.S.C. 559d) is amended— (1) in paragraph (1), by striking out “and” at the end thereof; (2) in paragraph (2), by striking out “, within the boundaries of the National Forest System.” and inserting in lieu thereof “for offenses committed within the National Forest System or which affect the administration of the National Forest System.”; and (3) by adding at the end thereof the following new paragraphs: “(3) the Forest Service shall cooperate with the Attorney General in carrying out the seizure and forfeiture provisions of section 511 of the Controlled Substances Act (21 U.S.C. 881) for violations of the Controlled Substances Act relating to offenses committed within the National Forest System, or which affect the administration of the National Forest System; “(4) the Secretary is authorized to designate law enforcement officers of any other Federal agency, when the Secretary determines such designation to be economical and in the public interest, and with the concurrence of that agency, to exercise the powers and authorities of the Forest Service while assisting the Forest Service in the National Forest System, or for activities administered by the Forest Service; and “(5) the Forest Service is authorized to accept law enforcement designation from any other Federal agency or agency of a State or political subdivision thereof for the purpose of cooperating in a multi-agency law enforcement task force investigation of violations of the Controlled Substances Act and other offenses committed in the course of or in connection with such violations.”. (d) Authorization of Appropriations.— (1) National forest system.—Section 15006 of title XV of the Anti-Drug Abuse Act of 1986 (16 U.S.C. 559e) is amended to read as follows: 102 STAT. 4365 “SEC. 15006. FOREST SERVICE AUTHORIZATION. “In order to improve Federal law enforcement activities relating to the use and production of narcotics and controlled substances on lands administered by the Forest Service, from amounts appropriated there shall be made available to the Secretary, in addition to sums made available under other authority of law, $10,000,000 for fiscal year 1989, and for each fiscal year thereafter, to be used for employment and training of additional and existing Forest Service law enforcement personnel, for expenses related to such employment, training, equipment, and facilities, and for cooperative programs with State and local law enforcement agencies.”. (2) National park service police.—Section 5052 of title V of the Anti-Drug Abuse Act of 1986 (16 U.S.C. 1 note) is amended to read as follows: “SEC. 5052. NATIONAL PARK AUTHORIZATION. “In order to improve Federal law enforcement activities relating to the use and production of narcotics and controlled substances in National Park System units, from amounts appropriated there shall be made available to the Secretary of the Interior, in addition to sums made available under other authority of law, $3,000,000 for fiscal year 1989, and for each fiscal year thereafter, to be used for the employment and training of officers or employees of the Department of the Interior designated pursuant to section 10(b) of the Act of August 18, 1970 (16 U.S.C. 1a–6), for equipment and facilities to be used by such personnel, and for expenses related to such employment, training, equipment, and facilities.”. (3) Bureau of Land Management.—Title V of the Anti-Drug Abuse Act of 1986 is amended by adding at the end thereof the following new subtitle: “Subtitle C— Bureau of Land Management Program “SEC. 5061. SHORT TITLE. “This subtitle may be cited as the ‘Bureau of Land Management Drug Enforcement Supplemental Authority Act’. “SEC. 5062. BUREAU OF LAND MANAGEMENT AUTHORIZATION. “In order to improve Federal law enforcement activities relating to the use and production of narcotics and controlled substances on Bureau of Land Management public lands, from amounts appropriated there are made available to the Secretary of the Interior, in addition to sums made available under other authority of law, $1,500,000 for fiscal year 1989, and for each fiscal year thereafter, to be used for the employment and training of additional and existing personnel, for equipment and facilities to be used by such personnel, and for expenses related to such employment, training, equipment, and facilities.”. (e) Designation of Authority.—The National Forest System Drug Control Act of 1986 is amended by inserting after section 15007 (16 U.S.C. 559f) the following new section: “SEC. 15008. DESIGNATION AUTHORITY OF SECRETARY OF AGRICULTURE. “(a) Purpose.—It is the purpose of this section to authorize the Secretary of Agriculture to make law enforcement operations more efficient in connection with the administration and use of the National Forest System. 102 STAT. 4366 “(b) Officers of Other Agencies.—The Secretary is authorized to designate law enforcement officers of any other Federal agency, when the Secretary determines such designation to be economical and in the public interest, and with the concurrence of that agency, to exercise the powers and authorities of the Forest Service while assisting the Forest Service in the National Forest System, or for activities administered by the Forest Service. “(c) Acceptance by Forest Service.—The Forest Service is authorized to accept law enforcement designation from any other Federal agency or agency of a State or political subdivision thereof for the purpose of cooperating in the investigation and enforcement of any Federal or State law or ordinance and regulation of any such agency, when such investigation or enforcement is mutually beneficial to the National Forest System and the cooperating agency or jurisdiction, upon entering into a memorandum of understanding or cooperative agreement with such agency or jurisdiction.”. (f) Criminal Penalty for Placing Hazardous or Injurious Devices on Federal Lands.—Chapter 91 of title 18, United States Code, is amended by adding at the end the following new section: “§ 1864. Hazardous or injurious devices on Federal lands “(a) Whoever— “(1) with the intent to violate the Controlled Substances Act, “(2) with the intent to obstruct or harass the harvesting of timber, or “(3) with reckless disregard to the risk that another person will be placed in danger of death or bodily injury and under circumstances manifesting extreme indifference to such risk, uses a hazardous or injurious device on Federal land, on an Indian reservation, or on an Indian allotment while the title to such allotment is held in trust by the United States or while such allotment remains inalienable by the allottee without the consent of the United States shall be punished under subsection (b). “(b) An individual who violates subsection (a) shall— “(1) if death of an individual results, be fined under this title or imprisoned for any term of years or for life, or both; “(2) if serious bodily injury to any individual results, be fined under this title or imprisoned for not more than twenty years, or both; “(3) if bodily injury to any individual results, be fined under this title or imprisoned for not more than ten years, or both; “(4) if damage exceeding $10,000 to the property of any individual results, be fined under this title or imprisoned for not more than ten years, or both; and “(5) in any other case, be fined under this title or imprisoned for not more than one year. “(c) Any individual who is punished under subsection (b)(3), (4), or (5) after one or more prior convictions under any such subsection shall be fined under this title or imprisoned for not more than ten years, or both. “(d) As used in this section— “(1) the term ‘serious bodily injury’ means bodily injury which involves— “(A) a substantial risk of death; “(B) extreme physical pain; “(C) protracted and obvious disfigurement; and 102 STAT. 4367 (D) protracted loss or impairment of the function of bodily member, organ, or mental faculty; and “(2) the term ‘bodily injury’ means— “(A) a cut, abrasion, bruise, burn, or disfigurement; “(B) physical pain; “(C) illness; “(D) impairment of the function of a bodily member, organ, or mental faculty; or “(E) any other injury to the body, no matter how temporary. “(3) the term ‘hazardous or injurious device’ means a device, which when assembled or placed, is capable of causing bodily injury, or damage to property, by the action of any person making contact with such device subsequent to the assembly or placement. Such term includes guns attached to trip wires or other triggering mechanisms, ammunition attached to trip wires or other triggering mechanisms, or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes, lines or wires, lines or wires with hooks attached, nails placed so that the sharpened ends are positioned in an upright manner, or tree spiking devices including spikes, nails, or other objects hammered, driven, fastened, or otherwise placed into or on any timber, whether or not severed from the stump.”. (g) Clerical Amendment.—The table of sections for chapter 91 of title 18, United States Code, is amended by adding at the end the following new item: “1864. Hazardous or injurious devices on Federal lands.”. (h) Criminal Penalty for Polluting Federal Lands.—Section 401(b) of the Controlled Substances Act (21 U.S.C. 841(b)) is amended by adding at the end the following new paragraph: “(6) Any person who violates subsection (a), or attempts to do so, and knowingly or intentionally uses a poison, chemical, or other hazardous substance on Federal land, and, by such use— “(A) creates a serious hazard to humans, wildlife, or domestic animals, “(B) degrades or harms the environment or natural resources, or “(C) pollutes an aquifer, spring, stream, river, or body of water, shall be fined in accordance with title 18, United States Code, or imprisoned not more than five years, or both.”. (i) Drug Pollution Fund.—Section 516 of the Controlled Substances Act (21 U.S.C. 886) is amended by adding at the end the following new subsection: “(d)(1) There is established in the Treasury a trust fund to be known as the ‘Drug Pollution Fund’ (hereinafter referred to in this subsection as the ‘Fund’), consisting of amounts appropriated or credited to such Fund under section 401(b)(6). “(2) There are hereby appropriated to the Fund amounts equivalent to the fines imposed under section 401(b)(6). “(3) Amounts in the Fund shall be available, as provided in appropriations Acts, for the purpose of making payments in accordance with paragraph (4) for the clean up of certain pollution resulting from the actions referred to in section 401(b)(6). “(4)(A) The Secretary of the Treasury, after consultation with the Attorney General, shall make payments under paragraph (3), in 102 STAT. 4368 such amounts as the Secretary determines appropriate, to the heads of executive agencies or departments that meet the requirements of subparagraph (B). “(B) In order to receive a payment under paragraph (3), the head of an executive agency or department shall submit an application in such form and containing such information as the Secretary of the Treasury shall by regulation require. Such application shall contain a description of the fine imposed under section 401(b)(6), the circumstances surrounding the imposition of such fine, and the type and severity of pollution that resulted from the actions to which such fine applies. “(5) For purposes of subchapter B of chapter 98 of the Internal Revenue Code of 1986, the Fund established under this paragraph shall be treated in the same manner as a trust fund established under subchapter A of such chapter.”. (j) Arson Involving Timber.—The first undesignated paragraph of section 1855 of title 18, United States Code, is amended by striking out “not more than $5,000” and inserting in lieu thereof “under this title”. (k) Report.—Not later than 180 days after the date of the enactment of this Act, the Attorney General and the Secretary of Agriculture shall each prepare and submit, to the Committee on Agriculture, the Committee on Interior and Insular Affairs, and the Committee on the Judiciary of the House of Representatives, and to the Committee on Agriculture, Nutrition, and Forestry, the Committee on Energy and Natural Resources, and the Committee on the Judiciary of the Senate, a report concerning the activities of the Attorney General and the Secretary of Agriculture in expediting investigations referred to in section 15003(2) of the National Forest Systems Drug Control Act of 1986 (16 U.S.C. 559c(2)).