* Act of November 18, 1988 (P.L. 100-690, Title VI, 102 Stat. 4362; 16U.S.C. 559b(note), 559b-559g)

Subtitle H - Investigative Powers of Postal Service Personnel and National Forest System Drug Con-trol

Sec. 6254. National Forest Sys-tem, National Park System, and Bureau of Land Management Public Lands Safety.

Findings

(a) 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 administra-tion 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. (16 U.S.C. 559b(note))

* * * *

Note-See P.L. 99-570 for amendments to the National Forest System Drug Control Act of 1986.

(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:

"Sec. 1864. Hazardous or injuri-ous 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 con-sent 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 indi-vidual 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 pun-ished under subsection (b)(3), (4), or (5) after one or more prior convic-tions under any such subsection shall be fined under this title or impris-oned 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

"(D) protracted loss or im-pairment 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 func-tion 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 as-sembly or placement. Such term includes guns attached to trip wires or other trig-gering mechanisms, ammunition attached to trip wires or other trig-gering mechanisms, or explosive devices attached to trip wires or other triggering mecha-nisms, sharp-ened 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 of 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 add-ing at the end the following new subsec-tion:

"(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 appropriate or credited to such Fund under section 401(b)(6).

"(2) There are hereby appropri-ated 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 appro-pria-tions 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 pay-ments under paragraph (3), in such amounts as the Secretary determines appropriate, to the heads of execu-tive agencies or departments that meet the requirements of subpara-graph (B).

"(B) In order to receive a payment under paragraph (3), the head of an executive agency or de-partment shall submit an applica-tion in such form and containing such information as the Secretary of the Treasury shall by regulation require. Such application shall con-tain a description of the fine im-posed under section 401(b)(6), the circum-stances surrounding the impo-sition 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 Committeeon 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)).