Page:United States Statutes at Large Volume 102 Part 5.djvu/361

 PUBLIC LAW 100-690—NOV. 18, 1988

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

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