[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2735 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2735

   To direct the United States Sentencing Commission with respect to 
  penalties for the unlawful production of a controlled substance on 
  Federal property or intentional trespass on the property of another 
                   that causes environmental damage.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 18, 2013

Mr. Huffman (for himself, Mr. LaMalfa, Mr. Thompson of California, and 
 Mr. Lamborn) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To direct the United States Sentencing Commission with respect to 
  penalties for the unlawful production of a controlled substance on 
  Federal property or intentional trespass on the property of another 
                   that causes environmental damage.

    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 ``Protecting Lands Against Narcotics 
Trafficking Act of 2013'' or the ``PLANT Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) In 2012, well over 900,000 marijuana plants were 
        eradicated from 471 sites on National Forest lands in 20 States 
        from Hawaii to Virginia. This represents just part of total 
        eradication efforts on public lands.
            (2) Across Federal land management agency holdings 
        including U.S. Fish and Wildlife, the U.S. National Park 
        Service, the U.S. Bureau of Land Management, and the U.S. 
        Forest Service, marijuana grows have commonly been found in 
        excess of 1,000 plants per cultivation site and some have 
        included more than 200,000 plants.
            (3) As a result of these grow sites, public and private 
        lands are being destroyed by chemical contamination and 
        alteration of watersheds; diversion of natural water courses; 
        elimination of native vegetation; wildfire hazards; poaching of 
        wildlife; and harmful disposal of garbage, non-biodegradable 
        material litter, and human waste. In many cases the damage is 
        being done to watersheds where millions of dollars in Federal 
        and State funds have been spent to improve conditions for 
        threatened fish and wildlife species.
            (4) Research has found that listed and candidate species 
        under the Endangered Species Act like the Pacific fisher and 
        Northern Spotted Owl have been killed by poisons and hazardous 
        substances at marijuana cultivation sites, increasing pressure 
        on legal land users to undertake conservation measures.
            (5) State and Federal fish and wildlife officials have 
        found that environmentally destructive practices resulting from 
        illegal marijuana cultivation, including the removal of timber 
        and vegetation, can lead to excess river and stream 
        sedimentation in areas needed by salmon and other protected 
        fish populations.
            (6) Timber companies, farmers, and ranchers in northwest 
        California report that illegal marijuana cultivation on private 
        lands has caused significant damage to livestock, agriculture, 
        and natural resources.
            (7) A single 2011 operation titled Operation Full Court 
        Press in Mendocino National Forest (CA) located 56 cultivation 
        sites and interdicted 32 firearms, 1,510 pounds of processed 
        marijuana, more than 468,950 plants and resulted in 102 
        arrests. The operation also removed 23 tons of trash, over a 
        ton of fertilizer, 57 pounds of poison, 22 miles of irrigation 
        piping, 13 man-made dams, and 120 propane tanks.
            (8) Basic reclamation of marijuana cultivation sites can 
        cost well over $15,000 per site. Citizen volunteer groups, 
        concerned with the extent of environmental damage to local 
        forests, have relationships with law enforcement to reclaim and 
        clean up cultivation sites.

SEC. 3. DIRECTION TO UNITED STATES SENTENCING COMMISSION.

    (a) In General.--Pursuant to its authority under section 994 of 
title 28, United States Code, and in accordance with this section, the 
United States Sentencing Commission shall review and amend the Federal 
sentencing guidelines and policy statements to ensure that the 
guidelines provide for additional penalties otherwise applicable to 
persons convicted of offenses under section 401(a) of the Controlled 
Substances Act (21 U.S.C. 841(a)) while on Federal property or 
intentionally trespassing on the property of another if the offense 
involves any of the following:
            (1) The use of a poison, chemical, or hazardous substance 
        for the unlawful production of a controlled substance that--
                    (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.
            (2) The diversion, redirection, obstruction, draining, or 
        impoundment of an aquifer, spring, river, or body of water for 
        the unlawful production of a controlled substance.
            (3) The substantial removal of vegetation or clear cutting 
        of timber for the unlawful production of a controlled 
        substance.
    (b) Requirements.--In carrying out this section, the United States 
Sentencing Commission shall--
            (1) assure reasonable consistency with other relevant 
        directives and with other sentencing guidelines; and
            (2) assure that the guidelines adequately meet the purposes 
        and kind of sentencing available under sections 3553(a)(2) and 
        3553(a)(3) of title 18, United States Code.

SEC. 4. RULE OF CONSTRUCTION.

    Nothing in the Act shall be construed to apply with respect to the 
legal use of authorized pesticides, herbicides, fertilizers, chemicals, 
or hazardous substances.
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