[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1930 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1930

 To amend the Lacey Act Amendments of 1981 to prevent illegal logging 
                   practices, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2007

   Mr. Wyden (for himself, Mr. Alexander, Mr. Kerry, Ms. Snowe, Mr. 
Feingold, Mr. Biden, Mr. Dodd, and Mr. Obama) introduced the following 
      bill; which was read twice and referred to the Committee on 
                  Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
 To amend the Lacey Act Amendments of 1981 to prevent illegal logging 
                   practices, 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 ``Combat Illegal Logging Act of 
2007''.

SEC. 2. PREVENTION OF ILLEGAL LOGGING PRACTICES.

    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, done at 
                Washington on March 3, 1973 (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 foreign law or any law 
                        or regulation of any State 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 by any foreign 
                        law or by any law or regulation of any State; 
                        or
                            ``(iii) exported or transshipped in 
                        violation of any limitation under any foreign 
                        law or by any law or regulation of any State; 
                        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 foreign law or any law 
                        or regulation of any State 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 by any foreign 
                        law or by any law or regulation of any State; 
                        or
                            ``(iii) exported or transshipped in 
                        violation of any limitation under any foreign 
                        law or by any law or regulation of any State; 
                        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, 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 (5), 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) 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).
            ``(4) Report.--
                    ``(A) In general.--Not later than 180 days after 
                the date on which the Secretary completes the review 
                under paragraph (3), 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.
            ``(5) Promulgation of regulations.--Not later than 180 days 
        after the date on which the Secretary completes the review 
        under paragraph (3), the Secretary may promulgate regulations--
                    ``(A) to limit the applicability of any requirement 
                described in paragraph (2) to specific plant products; 
                and
                    ``(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 (3).''; and
            (3) in section 7(a)(1) (16 U.S.C. 3376(a)(1)), by striking 
        ``section 4'' and inserting ``section 3(f), section 4,''.
                                 <all>