1.This Act may be cited as
the Combat Illegal Logging Act of
2007
.
2.Prevention of
illegal logging practicesThe
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)
(1)The term plant means any wild member of the
plant kingdom, including roots, seeds, parts, and products thereof.
(2)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)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)
(1)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 productsUntil 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)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)
(A)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)In conducting the review under paragraph (3), the
Secretary shall provide public notice and an opportunity for comment.
(5)Promulgation of
regulationsNot 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,
.