; (4) pollutes or contaminates an aquifer, spring, stream, river, body of water, soil, or native vegetation; or (5) constitutes a violation of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq.), the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq.), the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 et seq.), or the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.). (b) Aggravating role Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall amend and review the Federal Sentencing Guidelines and policy statements to ensure that the guidelines provide for a penalty enhancement of not less than 3 offense levels for a violation of section 401(a) of the Controlled Substances Act ( 21 U.S.C. 841(a) ) while on Federal property or while intentionally trespassing on the property of another if the offender also received an adjustment under §3B1.1 (Aggravating Role). (c) Stream diversion or clear cutting on Federal property or while intentionally trespassing on the property of another (1) Prohibition on stream diversion or clear cutting on Federal property or while intentionally trespassing on the property of another Section 401(b) of the Controlled Substances Act ( 21 U.S.C. 841(b) ), as amended by subsection (a), is amended by adding at the end the following: (8) Destruction of bodies of water or timber (A) In general Any person who violates subsection (a) in a manner that diverts, redirects, obstructs, or drains an aquifer, spring, stream, river, or body of water or clear cuts or removes or substantially alters timber or vegetation while cultivating or manufacturing a controlled substance on Federal property or while cultivating or manufacturing a controlled substance while intentionally trespassing on the property of another shall be fined an amount not to exceed— (i) the amount authorized in accordance with this section