[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1889 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1889

   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 SENATE OF THE UNITED STATES

                           December 20, 2013

  Mrs. Feinstein (for herself and Mr. Hatch) introduced the following 
    bill; which was read twice and 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. CONTROLLED SUBSTANCES ACT PENALTY AMENDMENTS.

    (a) Cultivating or Manufacturing Controlled Substances on Federal 
Property.--Section 401(b)(5) of the Controlled Substances Act (21 
U.S.C. 841(b)(5)) is amended, in the matter preceding subparagraph (A), 
by striking ``as provided in this subsection'' and inserting ``for not 
more than 10 years, in addition to any other term of imprisonment 
imposed under this subsection''.
    (b) Use of Hazardous Substances.--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 1 offense level for a 
violation of 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--
            (1) includes the use of a poison, chemical, or other 
        hazardous substance to cultivate or manufacture controlled 
        substances on Federal property;
            (2) creates a hazard to humans, wildlife, or domestic 
        animals;
            (3) degrades or harms the environment or natural resources; 
        or
            (4) pollutes an aquifer, spring, stream, river, or body of 
        water.
    (c) Stream Diversion or Clear Cutting on Federal Property.--
            (1) Prohibition on stream diversion or clear cutting on 
        federal property.--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.--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 timber while cultivating or 
        manufacturing a controlled substance on Federal property or 
        while intentionally trespassing on the property of another 
        shall be fined in accordance with title 18, United States 
        Code.''.
            (2) Federal sentencing guidelines enhancement.--Pursuant to 
        its authority under section 994 of title 28, United States 
        Code, the United States Sentencing Commission shall review and 
        amend the Federal Sentencing Guidelines and policy statements 
        to ensure that the guidelines provide for a penalty enhancement 
        of not less than 1 offense level for a violation of section 
        401(a) of the Controlled Substances Act (21 U.S.C. 841(a)) if 
        the offense involves the diversion, redirection, obstruction, 
        or draining of an aquifer, spring, stream, river, or body of 
        water or the clear cut of timber while cultivating or 
        manufacturing a controlled substance on Federal property or 
        while intentionally trespassing on the property of another.
    (d) Booby Traps on Federal Land.--Section 401(d)(1) of the 
Controlled Substances Act (21 U.S.C. 841(d)(1)) is amended by inserting 
``cultivated,'' after ``is being''.
    (e) Use or Possession of Firearms in Connection With Drug Offenses 
on Federal Lands.--Pursuant to its authority under section 994 of title 
28, United States Code, the United States Sentencing Commission shall 
review and amend the Federal Sentencing Guidelines and policy 
statements to ensure that the guidelines provide for a penalty 
enhancement of not less than 1 offense level for a violation of section 
401(a) of the Controlled Substances Act (21 U.S.C. 841(a)) if the 
offense involves the possession of a firearm while cultivating or 
manufacturing controlled substances on Federal lands or intentionally 
trespassing on the property of another.
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