Trespass Cannabis Cultivation Site Response Initiatives

(a) Definitions In this section: (1) Covered response action The term covered response action means any activity to remove or remediate a release or threat of release to the environment, resulting from the cultivation of cannabis by a trespasser, of hazardous substances, pollutants, contaminants, improper pesticides, or refuse, including detection, identification, assessment, monitoring, and cleanup activities. (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 apply The term improperly apply means to use any registered pesticide in a manner— (A) inconsistent with its labeling (as that term is defined in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136)); or (B) that poses a risk to environmental or human health. (4) Indian Tribe The term Indian Tribe has the meaning given the term Indian tribe in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601). (5) 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. (6) Nonprofit conservation organization The term nonprofit conservation organization means an organization— (A) that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; and (B) the primary purpose of which is conservation of natural resources. (7) Owner of adjacent property The term owner of adjacent property means the owner of property that is adjacent to land— (A) that is under the jurisdiction of a Secretary concerned; and (B) on which a covered response action is carried out under this section. (8) Trespass Cannabis Cultivation Site Response Initiative; initiative The terms Trespass Cannabis Cultivation Site Response Initiative and initiative mean an initiative carried out under subsection (b). (b) Trespass cannabis cultivation site response initiatives (1) In general The Secretary of Agriculture and the Secretary of the Interior shall each carry out an initiative of environmental response to contamination resulting from the cultivation of cannabis by trespassers on land under the jurisdiction of the applicable Secretary, each of which shall be known as a Trespass Cannabis Cultivation Site Response Initiative. (2) Administrative office within the Department of Agriculture and the Department of the Interior The Secretary of Agriculture and the Secretary of the Interior shall identify a branch within the Forest Service and the Department of the Interior, respectively, which shall have the experience, expertise, and responsibility for carrying out the applicable initiative successfully. (c) Initiative goals The goals of each initiative shall include the detection, identification, assessment, investigation, monitoring, and development of solutions to, and response to, contamination resulting from the cultivation of cannabis by trespassers on land under the jurisdiction of the Secretary concerned. (d) Responsibility for covered response actions (1) Basic responsibility Except with respect to a covered response action that is required to be taken by a potentially responsible party pursuant to an agreement under section 122 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9622), the Secretary concerned shall carry out all necessary covered response actions on land under the jurisdiction of the Secretary concerned. (2) State fees and charges Fees and charges imposed by a State on the disposal of hazardous substances, pollutants, contaminants, improper pesticides, or refuse resulting from the cultivation of cannabis shall apply to covered response actions carried out under this section. (e) Services of other entities (1) In general The Secretary concerned 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 adjacent property, or any nonprofit conservation organization to obtain the services of the agency, Indian Tribe, owner, or organization to assist the Secretary concerned in carrying out the applicable initiative, including carrying out covered response actions under this section. (2) Data and safety Agreements under paragraph (1) may require approval and adherence to safety, data collection, monitoring, assessment, and reporting parameters set forth by the Secretary concerned. (3) Cross-fiscal year agreements An agreement 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 fiscal years. (4) Limitation on reimbursable agreements An agreement under paragraph (1) may not— (A) provide for reimbursement for regulatory enforcement activities; or (B) with respect to a site— (i) change the cleanup standards selected for the site pursuant to law; or (ii) establish a cleanup level inconsistent with the future intended land use as determined by the Secretary concerned. (5) Surety (A) Surety-contractor relationship Any surety which provides a bid, performance, or payment bond in connection with any direct Federal procurement for a contract under this section to carry out a covered response action 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. (B) Surety bonds (i) 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 contract under this section to carry out a covered response action and are not waived pursuant to section 3134 of title 40, the surety bonds shall be issued in accordance with such sections 3131 and 3133. (ii) 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 contract under this section to carry out a covered response action, 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. (iii) Liability of sureties under bonds If, under applicable Federal law, surety bonds are required for any direct Federal procurement of any contract under this section to carry out a covered response action, unless otherwise provided for by the Secretary concerned 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. (iv) Nonpreemption Nothing in this paragraph shall be construed as— (I) preempting, limiting, superseding, affecting, applying to, or modifying any State laws, regulations, requirements, rules, practices, or procedures; or (II) affecting, applying to, modifying, limiting, superseding, or preempting any rights, authorities, liabilities, demands, actions, causes of action, losses, judgments, claims, statutes of limitation, or obligations under Federal or State law, which do not arise on or under the bond. (C) Applicability (i) Bonds executed before December 5, 1991 Subparagraphs (A) and (B) shall not apply to bonds executed before December 5, 1991. (ii) Other bonds Subparagraphs (A) and (B) shall not apply to bonds required with respect to response action contracts under section 119 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9619). (f) Establishment of accounts (1) Trespass cannabis cultivation site response account, Agriculture (A) Establishment There is hereby established in the Treasury of the United States an account to be known as the Trespass Cannabis Cultivation Site Response Account, Agriculture which shall consist of, with respect to land under the jurisdiction of the Forest Service— (i) amounts appropriated in advance with respect to such land under subsection (i); (ii) amounts recovered from a trespasser for the costs of covered response actions on such land related to the cultivation of cannabis on such land by the trespasser; and (iii) any other amounts recovered from a contractor, insurer, surety, or other person to reimburse the Department of Agriculture for the costs of covered response actions on such land related to the cultivation of cannabis on such land by a trespasser. (B) Obligation of authorized amounts Funds authorized for deposit in an account under subparagraph (A)— (i) may be obligated or expended from the account only to carry out the applicable initiative, including to carry out covered response actions; and (ii) shall remain available until expended. (C) Payments of fines and penalties None of the funds appropriated to the Trespass Cannabis Cultivation Site Response 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 Trespass Cannabis Cultivation Site Response Account, Agriculture and the payment of the fine or penalty has been specifically authorized by law. (2) Trespass cannabis cultivation site response account, interior (A) Establishment There is hereby established in the Treasury of the United States an account to be known as the Trespass Cannabis Cultivation Site Response Account, Interior which shall consist of, with respect to land under the jurisdiction of the Department of the Interior— (i) amounts appropriated in advance with respect to such land under subsection (i); (ii) amounts recovered from a trespasser for the costs of covered response actions on such land related to the cultivation of cannabis on such land by the trespasser; and (iii) any other amounts recovered from a contractor, insurer, surety, or other person to reimburse the Department of the Interior for the costs of covered response actions on such land related to the cultivation of cannabis on such land by a trespasser. (B) Obligation of authorized amounts Funds authorized for deposit in an account under subparagraph (A)— (i) may be obligated or expended from the account only to carry out the applicable initiative, including to carry out covered response actions; and (ii) shall remain available until expended. (C) Payments of fines and penalties None of the funds appropriated to the Trespass Cannabis Cultivation Site Response Account, Interior 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 the Interior unless the act or omission for which the fine or penalty is imposed arises out of an activity funded by the Trespass Cannabis Cultivation Site Response Account, Interior and the payment of the fine or penalty has been specifically authorized by law. (g) 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 each initiative. (h) Relationship to CERCLA Nothing in this section affects— (1) the application of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) to any activity that is a covered response action; or (2) any obligation or responsibility of any person or entity under such Act. (i) Authorization of appropriations To carry out this section, there is authorized to be appropriated $16,037,000 for each of fiscal years 2026 through 2032.