Sec. 306. Combating water theft for illegal marijuana cultivation
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Not later than 90 days after the date of the enactment of this Act, the Director of National Drug Control Policy, in collaboration with the Secretary and the Administrator of the Environmental Protection Agency, shall use the best available information to determine the amount of water diverted for marijuana cultivation in each of the high intensity drug trafficking areas (as designated under section 707 of the Office of National Drug Control Policy Reauthorization Act of 1998 ( 21 U.S.C. 1706 )) within the State of California and other States frequently affected by water shortages.
Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Attorney General shall require, as a condition of the receipt of any funds under the Domestic Cannabis Eradication/Suppression program of the Drug Enforcement Administration, or any successor program, a report from any participant in such program containing information on the environmental consequences of actions taken pursuant to program participation. The Attorney General, in making any determination to provide funding under the program, shall take into account the information so reported.
Not later than 180 days after the date of the enactment of this Act, the Attorney General shall establish and maintain a registry, in which reports received by the Attorney General of incidents of cultivation of marijuana on Federal or State property or while intentionally trespassing on the property of another shall be recorded and, to the extent feasible, made available to the public. Section 524(c)(1)(E)(ii) of title 28, United States Code, is amended— in subclause (I), by striking and at the end; in subclause (II), by inserting and after the semicolon at the end; and by inserting after subclause
(II)the following: costs incurred by or on behalf of any State, local, or Tribal government in connection with the remediation of any area formerly used for the production or cultivation of marijuana, including the removal of any hazardous substance or pollutant or contaminant, in which such State, local, or Tribal government has assisted in a Federal prosecution related to marijuana; . Section 413(q) of the Controlled Substances Act ( 21 U.S.C. 853(q) ) is amended— in the matter preceding paragraph (1)— by inserting after manufacture the following: or cultivation ; and by striking or methamphetamine and inserting , methamphetamine, or marihuana ; and in paragraph (2), by inserting after or methamphetamine the following: , or cultivation of marihuana, . Not later than 6 months after the date of the enactment of this Act, the Secretary of Agriculture, in consultation with other appropriate Federal agencies, including the Environmental Protection Agency, and experts in the field, shall establish voluntary guidelines, based on the best available scientific knowledge— for the remediation of former indoor and outdoor marijuana cultivation and processing sites, including guidelines regarding preliminary site assessment and the remediation of residual contaminants and ecosystems; and for State, local, and Tribal governments to use in developing and implementing laws, regulations, guidelines, and other policies that apply the best available research and technology to the remediation of former indoor and outdoor marijuana cultivation and processing sites. In establishing the voluntary guidelines under paragraph (1), the Secretary of Agriculture shall consider, at a minimum— relevant standards, guidelines, and requirements found in Federal, State, Tribal, and local laws and regulations; the various types and locations of former marijuana cultivation or processing sites, including both indoor and outdoor sites; and the estimated costs of carrying out any such guidelines. The Secretary of Agriculture shall work with State, local, and Tribal governments and other non-Federal agencies and organizations the Secretary determines relevant to promote and encourage the adoption of the voluntary guidelines established under paragraph (1). The Secretary of Agriculture shall periodically review and revise the voluntary guidelines to incorporate findings of the research conducted pursuant to subsection
(f)and other new knowledge. In carrying out subparagraph (A), the Secretary of Agriculture may consult with State, local, Tribal governments, and non-profits engaged in scientific research and reclamation, and other interested parties. The Secretary of Agriculture, in consultation with other appropriate Federal agencies, including the Environmental Protection Agency, shall establish a program of research to support the development and revision of the voluntary guidelines established under subsection (e). Such program shall— identify marijuana cultivation or processing-related chemicals of concern; assess the types and levels of exposure to chemicals of concern identified under paragraph
(1)that may present significant adverse biological effects, and identify actions and additional research necessary to remediate such biological effects; assess the impacts of marijuana cultivation and processing on waterways and bodies of water, and identify actions and additional research necessary to remediate such impacts; evaluate the performance of current remediation techniques for marijuana cultivation and processing sites; identify areas for which additional research is necessary, including research relating to— the impacts of indoor and outdoor marijuana cultivation and processing, including biological and hydrological effects and impacts to soil and landscape, such as the potential for erosion; and the remediation of former indoor or outdoor marijuana cultivation or processing sites; support other research priorities identified by the Secretary of Agriculture, in consultation with State, local, Tribal governments, non-profits engaged in scientific research and reclamation, and other interested parties; and include collaboration with institutions of higher education engaged in research on any matter described in this subsection or additional research priorities determined appropriate by the Secretary of Agriculture.
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