[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1497 Reported in House (RH)]






                                                 Union Calendar No. 573
110th CONGRESS
   2d Session
                                H. R. 1497

                          [Report No. 110-882]

To amend the Lacey Act Amendments of 1981 to extend its protections to 
plants illegally harvested outside of the United States, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 13, 2007

 Mr. Blumenauer (for himself, Mr. Wexler, and Mr. Weller of Illinois) 
 introduced the following bill; which was referred to the Committee on 
                           Natural Resources

                           September 24, 2008

Additional sponsors: Mr. DeFazio, Mr. Waxman, Mr. Hastings of Florida, 
  Mr. Grijalva, Ms. Solis, Mr. Hinchey, Mrs. Maloney of New York, Mr. 
 McDermott, Mr. Lantos, Mr. Moran of Virginia, Mr. Wynn, Mr. Cummings, 
Mr. George Miller of California, Ms. Watson, Ms. McCollum of Minnesota, 
Mr. Honda, Mr. Obey, Ms. Sutton, Ms. Schakowsky, Mr. Kind, Mr. Inslee, 
 Mr. Farr, Mr. Berman, Mr. Kucinich, Mr. Payne, Mrs. Capps, Mr. Baird, 
 Mr. Baca, Mr. Hare, Mr. Holden, Mr. Kildee, Mr. Shuler, Mr. Ross, Mr. 
  Ehlers, Mr. Gilchrest, Ms. Norton, Mr. Van Hollen, Ms. Matsui, Mr. 
Barrett of South Carolina, Mr. Gerlach, Mr. Holt, Ms. Hooley, Mr. Udall 
   of Colorado, Ms. Bordallo, Mr. Walden of Oregon, Mr. Nadler, Mr. 
   Doggett, Mr. Wu, Ms. Eshoo, Mr. Filner, Mr. Towns, Mr. Renzi, Mr. 
Serrano, Mr. Goode, Mr. Rothman, Mr. Sires, Mr. Stupak, Mr. Markey, Mr. 
  Gutierrez, Mr. Frank of Massachusetts, Mr. Rogers of Kentucky, Mr. 
    Inglis of South Carolina, Mr. Sestak, Mr. Kagen, and Mr. Ellison

                           September 24, 2008

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on March 
                               13, 2007]

_______________________________________________________________________

                                 A BILL


 
To amend the Lacey Act Amendments of 1981 to extend its protections to 
plants illegally harvested outside of the United States, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Legal Timber Protection Act''.

SEC. 2. PREVENTION OF ILLEGAL LOGGING PRACTICES.

    (a) In General.--The Lacey Act Amendments of 1981 are amended--
            (1) in section 2 (16 U.S.C. 3371)--
                    (A) by striking subsection (f) and inserting the 
                following:
    ``(f) Plant.--
            ``(1) In general.--The term `plant' means any wild member 
        of the plant kingdom, including roots, seeds, parts, and 
        products thereof.
            ``(2) Exclusions.--The term `plant' excludes any common 
        food crop or cultivar that is a species not listed--
                    ``(A) in the Convention on International Trade in 
                Endangered Species of Wild Fauna and Flora (27 UST 
                1087; TIAS 8249); or
                    ``(B) as an endangered or threatened species under 
                the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
                seq.).'';
                    (B) in subsection (h), by inserting ``also'' after 
                ``plants the term''; and
                    (C) by striking subsection (j) and inserting the 
                following:
    ``(j) Take.--The term `take' means--
            ``(1) to capture, kill, or collect; and
            ``(2) with respect to a plant, also to harvest, cut, log, 
        or remove.'';
            (2) in section 3 (16 U.S.C. 3372)--
                    (A) in subsection (a)--
                            (i) in paragraph (2), by striking 
                        subparagraph (B) and inserting the following:
                    ``(B) any plant--
                            ``(i) taken, transported, possessed, or 
                        sold in violation of any law or regulation of 
                        any State, or any foreign law, that protects 
                        plants or that regulates--
                                    ``(I) the theft of plants;
                                    ``(II) the taking of plants from a 
                                park, forest reserve, or other 
                                officially protected area;
                                    ``(III) the taking of plants from 
                                an officially designated area; or
                                    ``(IV) the taking of plants 
                                without, or contrary to, required 
                                authorization;
                            ``(ii) taken, transported, or exported 
                        without the payment of appropriate royalties, 
                        taxes, or stumpage fees required for such plant 
                        by any law or regulation of any State or by any 
                        foreign law; or
                            ``(iii) exported or transshipped in 
                        violation of any limitation under any law or 
                        regulation of any State or under any foreign 
                        law; or''; and
                            (ii) in paragraph (3), by striking 
                        subparagraph (B) and inserting the following:
                    ``(B) to possess any plant--
                            ``(i) taken, transported, possessed, or 
                        sold in violation of any law or regulation of 
                        any State, or any foreign law, that protects 
                        plants or that regulates--
                                    ``(I) the theft of plants;
                                    ``(II) the taking of plants from a 
                                park, forest reserve, or other 
                                officially protected area;
                                    ``(III) the taking of plants from 
                                an officially designated area; or
                                    ``(IV) the taking of plants 
                                without, or contrary to, required 
                                authorization;
                            ``(ii) taken, transported, or exported 
                        without the payment of appropriate royalties, 
                        taxes, or stumpage fees required for such plant 
                        by any law or regulation of any State or by any 
                        foreign law; or
                            ``(iii) exported or transshipped in 
                        violation of any limitation under any law or 
                        regulation of any State or under any foreign 
                        law; or''; and
                    (B) by adding at the end the following:
    ``(f) Plant Declarations.--
            ``(1) In general.--Effective 180 days from the date of 
        enactment of this subsection and except as provided in 
        paragraph (3), it shall be unlawful for any person to import 
        any plant unless the person files upon importation where 
        clearance is requested a declaration that contains--
                    ``(A) the scientific name of any plant (including 
                the genus and species of the plant) contained in the 
                importation;
                    ``(B) a description of--
                            ``(i) the value of the importation; and
                            ``(ii) the quantity, including the unit of 
                        measure, of the plant; and
                    ``(C) the name of the country from which the plant 
                was taken.
            ``(2) Declaration relating to plant products.--Until the 
        date on which the Secretary promulgates a regulation under 
        paragraph (6), a declaration relating to a plant product 
        shall--
                    ``(A) in the case in which the species of plant 
                used to produce the plant product that is the subject 
                of the importation varies, and the species used to 
                produce the plant product is unknown, contain the name 
                of each species of plant that may have been used to 
                produce the plant product; and
                    ``(B) in the case in which the species of plant 
                used to produce the plant product that is the subject 
                of the importation is commonly taken from more than 1 
                country, and the country from which the plant was taken 
                and used to produce the plant product is unknown, 
                contain the name of each country from which the plant 
                may have been taken.
            ``(3) Exclusions.--Paragraphs (1) and (2) shall not apply 
        to plants used exclusively as packaging material to support, 
        protect, or carry another item, unless the packaging material 
        itself is the item being imported.
            ``(4) Review.--Not later than 2 years after the date of 
        enactment of this subsection, the Secretary shall review the 
        implementation of each requirement described in paragraphs (1) 
        and (2) and the effect of the exclusions in paragraph (3).
            ``(5) Report.--
                    ``(A) In general.--Not later than 180 days after 
                the date on which the Secretary completes the review 
                under paragraph (4), the Secretary shall submit to the 
                appropriate committees of Congress a report 
                containing--
                            ``(i) an evaluation of--
                                    ``(I) the effectiveness of each 
                                type of information required under 
                                paragraphs (1) and (2) in assisting 
                                enforcement of section 3; and
                                    ``(II) the potential to harmonize 
                                each requirement described in 
                                paragraphs (1) and (2) with other 
                                applicable import regulations in 
                                existence as of the date of the report;
                            ``(ii) recommendations for such legislation 
                        as the Secretary determines to be appropriate 
                        to assist in the identification of plants that 
                        are imported into the United States in 
                        violation of section 3; and
                            ``(iii) an analysis of the effect of the 
                        provisions of subsection (a) and (f) on--
                                    ``(I) the cost of legal plant 
                                imports; and
                                    ``(II) the extent and methodology 
                                of illegal logging practices and 
                                trafficking.
                    ``(B) Public participation.--In conducting the 
                review under paragraph (3), the Secretary shall provide 
                public notice and an opportunity for comment.
            ``(6) Promulgation of regulations.--Not later than 180 days 
        after the date on which the Secretary completes the review 
        under paragraph (4), the Secretary may promulgate regulations--
                    ``(A) to limit the applicability of any requirement 
                described in paragraph (2) to specific plant products;
                    ``(B) to make any other necessary modification to 
                any requirement described in paragraph (2), as 
                determined by the Secretary based on the review under 
                paragraph (4); and
                    ``(C) to limit the scope of exclusion in paragraph 
                (3) if warranted as a result of the review under 
                paragraph (4).'';
            (3) in section 7(a)(1) (16 U.S.C. 3376(a)(1)), by striking 
        ``section 4'' and inserting ``section 3(f), section 4,'';
            (4) in section 4 (16 U.S.C. 3373)--
                    (A) by striking ``subsections (b) and (d)'' each 
                place it appears and inserting ``subsections (b), (d), 
                and (f)'';
                    (B) by inserting ``or section 3(f)'' after 
                ``section 3(d)'' each place it appears; and
                    (C) in subsection (a)(2), by inserting ``or who 
                violates subsection 3(f) other than as provided in 
                paragraph (1)'' after ``subsection 3(b)''; and
            (5) by adding at the end of section 5 (16 U.S.C. 3374) the 
        following:
    ``(d) Civil Forfeitures.--Civil forfeitures under this section 
shall be governed by the provisions of chapter 46 of title 18, United 
States Code.''.
    (b) Technical Correction.--
            (1) Correction.--Section 102(c) of Public Law 100-653 is 
        amended--
                    (A) by inserting ``of the Lacey Act Amendments of 
                1981'' after ``Section 4''; and
                    (B) by striking ``(other than section 3(b))'' and 
                inserting ``(other than subsection 3(b))''.
            (2) Effective date.--Paragraph (1) shall be effective 
        immediately upon the effectiveness of section 102(c) of Public 
        Law 100-653.
                                                 Union Calendar No. 573

110th CONGRESS

   2d Session

                               H. R. 1497

                          [Report No. 110-882]

_______________________________________________________________________

                                 A BILL

To amend the Lacey Act Amendments of 1981 to extend its protections to 
plants illegally harvested outside of the United States, and for other 
                               purposes.

_______________________________________________________________________

                           September 24, 2008

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed