[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7540 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 7540

     To impose enhanced penalties for conduct relating to unlawful 
   production of a controlled substance on Federal property or while 
   intentionally trespassing on the property of another that causes 
             environmental damage, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 9, 2020

   Mr. LaMalfa (for himself, Mr. Huffman, Mr. Lamborn, Mr. Rogers of 
   Kentucky, Mr. Carbajal, and Mr. Cox of California) introduced the 
 following bill; which was referred to the Committee on the Judiciary, 
   and in addition to the Committees on Energy and Commerce, Natural 
Resources, and Agriculture, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
     To impose enhanced penalties for conduct relating to unlawful 
   production of a controlled substance on Federal property or while 
   intentionally trespassing on the property of another that causes 
             environmental damage, 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 ``Protecting Lands Against Narcotics 
Trafficking Act of 2020'' or the ``PLANT Act of 2020''.

SEC. 2. CONTROLLED SUBSTANCES ACT PENALTY AMENDMENTS.

    (a) Environmental Harms and Other Hazards.--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 3 offense 
levels for a violation of section 401(a) of the Controlled Substances 
Act (21 U.S.C. 841(a)) while on Federal property or while intentionally 
trespassing on the property of another if the offense--
            (1) poses or creates a hazard to humans, livestock, fish, 
        wildlife, the environment, or domestic animals;
            (2) degrades or harms the environment or natural resources;
            (3) diverts, redirects, obstructs, or drains an aquifer, 
        spring, stream, river, or body of water or clear cuts, removes, 
        or substantially alters timber or vegetation;
            (4) pollutes or contaminates an aquifer, spring, stream, 
        river, body of water, soil, or native vegetation; or
            (5) constitutes a violation of the Federal Water Pollution 
        Control Act (33 U.S.C. 1251 et seq.), the Solid Waste Disposal 
        Act (42 U.S.C. 6901 et seq.), the Federal Insecticide, 
        Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.), or the 
        Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
    (b) Aggravating Role.--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 3 offense levels for a violation of 
section 401(a) of the Controlled Substances Act (21 U.S.C. 841(a)) 
while on Federal property or while intentionally trespassing on the 
property of another if the offender also received an adjustment under 
Sec. 3B1.1 (Aggravating Role).
    (c) Stream Diversion or Clear Cutting on Federal Property or While 
Intentionally Trespassing on the Property of Another.--
            (1) Prohibition on stream diversion or clear cutting on 
        federal property or while intentionally trespassing on the 
        property of another.--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 or timber.--
                    ``(A) In general.--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 or removes or 
                substantially alters timber or vegetation while 
                cultivating or manufacturing a controlled substance on 
                Federal property or while cultivating or manufacturing 
                a controlled substance while intentionally trespassing 
                on the property of another shall be fined an amount not 
                to exceed--
                            ``(i) the amount authorized in accordance 
                        with this section;
                            ``(ii) the amount authorized in accordance 
                        with the provisions of title 18, United States 
                        Code;
                            ``(iii) $500,000 if the defendant is an 
                        individual; or
                            ``(iv) $1,000,000 if the defendant is other 
                        than an individual.
                    ``(B) Use of amounts from fines.--
                            ``(i) In general.--The Secretary of the 
                        Treasury shall transfer to the Secretary of the 
                        Interior and the Secretary of Agriculture, for 
                        use in accordance with clause (ii), the amounts 
                        received as fines for a violation described in 
                        subparagraph (A).
                            ``(ii) Funds.--The Secretary of the 
                        Interior and the Secretary of Agriculture shall 
                        use the amounts transferred under clause (i) to 
                        address the environmental damage caused by any 
                        offense described in subparagraph (A), 
                        including by providing such funds to nonprofit 
                        organizations that address such damage.''.
            (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 or removal of timber or vegetation while 
        cultivating or manufacturing a controlled substance on Federal 
        property or while cultivating or manufacturing a controlled 
        substance while intentionally trespassing on the property of 
        another.
            (3) Technical and conforming amendment.--Section 
        1402(b)(1)(A) of the Victims of Crime Act of 1984 (42 U.S.C. 
        10601(b)(1)(A)) is amended--
                    (A) in clause (i), by striking ``and'' at the end; 
                and
                    (B) by inserting after clause (ii) the following:
                            ``(iii) section 401(b)(8) of the Controlled 
                        Substances Act (21 U.S.C. 841(b)(8)); and''.
    (d) Booby Traps on Federal Property.--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 Property or While Intentionally Trespassing on the Property 
of Another.--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 2 offense levels 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 a controlled substance on Federal property or while 
cultivating or manufacturing a controlled substance while intentionally 
trespassing on the property of another.

SEC. 3. PUBLIC LANDS ERADICATION, REMEDIATION, AND ENFORCEMENT 
              PARTNERSHIP.

    (a) Definitions.--In this section:
            (1) Eradication.--The term ``eradication'' means the 
        removal and destruction of illegally cultivated substances on 
        Federal land.
            (2) Enforcement.--The term ``enforcement'' means an action 
        undertaken by law enforcement to prevent the cultivation of 
        illegal substances on Federal land.
            (3) Partnership.--The term ``partnership'' means the Public 
        Lands Eradication and Remediation Partnership, established by 
        subsection (b).
            (4) Priority lands.--The term ``priority lands'' means 
        Federal land that is determined by the partnership to be a high 
        priority for either eradication, remediation, enforcement, or a 
        combination thereof.
            (5) Remediation.--The term ``remediation''--
                    (A) means to facilitate the recovery of lands and 
                waters that have been degraded, damaged, or destroyed 
                by illegal marijuana cultivation or another illegal 
                activity; and
                    (B) includes--
                            (i) removal of trash, debris, and other 
                        deleterious material and the materials and 
                        surfaces contaminated by such trash, debris, 
                        and deleterious material; and
                            (ii) establishing the composition, 
                        structure, pattern, and ecological processes 
                        necessary to facilitate terrestrial and aquatic 
                        ecosystem sustainability, resilience, and 
                        health under current and future conditions.
    (b) Establishment.--There is hereby established a Public Lands 
Eradication and Remediation Partnership.
    (c) Purposes.--The purposes of the partnership are to--
            (1) coordinate the activities of Federal, State, Tribal, 
        and local authorities, and the private sector, in the 
        eradication and remediation of priority lands affected by 
        illegal marijuana cultivation or associated illegal activities;
            (2) use the resources and expertise of each agency, 
        authority, or entity in implementing eradication and 
        remediation activities on priority lands in States, including 
        sharing best practices on eradication and remediation of 
        illegal substances on Federal lands; and
            (3) support existing ad hoc or permanent narcotics 
        trafficking partnerships focused on marijuana eradication, 
        remediation, and enforcement activities.
    (d) Membership.--The members of the partnership shall include the 
following:
            (1) The Secretary of Agriculture, or a designee of the 
        Secretary of Agriculture to represent the Forest Service.
            (2) The Secretary of the Interior, or a designee of the 
        Secretary of the Interior, to represent the United States Fish 
        and Wildlife Service, Bureau of Land Management, the Bureau of 
        Indian Affairs, and National Park Service.
            (3) The Director of the Office of National Drug Control 
        Policy, or a designee of the Director.
            (4) A designee of the Governor of each State that opts to 
        join the partnership to represent the interests of that State 
        regarding the water and other natural resources of that State.
            (5) A designee of the Governor of each State that opts to 
        join the partnership to represent the law enforcement interests 
        of that State.
            (6) The Secretary of Homeland Security, or a designee of 
        the Secretary of Homeland Security.
            (7) The Administrator of the Drug Enforcement 
        Administration, or a designee of the Administrator of the Drug 
        Enforcement Administration.
            (8) A designee of the National Guard.
            (9) One member to represent Indian Tribes, to be appointed 
        by the Secretary of Agriculture.
            (10) One member to represent nongovernmental organizations 
        with an interest in Federal land eradication and remediation, 
        to be appointed by the Secretary of Agriculture.
            (11) One member to represent local governmental interests, 
        to be appointed by the Secretary of Agriculture.
    (e) Duties.--To further the purposes of this section, the 
partnership shall have the following duties:
            (1) Identify priorities for eradication and remediation on 
        Federal lands.
            (2) Secure resources from Federal and non-Federal sources 
        to apply to eradication and remediation of Federal lands.
            (3) Carry out eradication and remediation on Federal lands.
            (4) Support efforts by Federal, State, Tribal, and local 
        agencies, and nongovernmental organizations in carrying out 
        eradication and remediation of priority lands.
            (5) Support research and education on the impacts of, and 
        solutions to, illegal marijuana cultivation and other illegal 
        activities on priority lands.
            (6) Document all actions taken by or known to the 
        partnership to eradicate or remediate illegal substances on 
        public lands, including tracking facilities used to test the 
        following in cannabis or cannabis products:
                    (A) Levels of tetrahydrocannabinol (THC) or 
                cannabidiol (CBD).
                    (B) Adulterants.
                    (C) Pesticides.
                    (D) Vitamins.
                    (E) Heavy metals.
                    (F) Other matter the presence of which may assist 
                in tracing contamination to risks to human health.
            (7) Not later than 5 years after funds are first made 
        available to carry out this Act, in consultation with the 
        Deputy Assistant Secretary of Labor for Occupational Safety and 
        Health, recommend the establishment of Federal guidelines, 
        procedures, and best practices for handling pesticides found on 
        Federal land that are not registered under the Federal 
        Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et 
        seq.).
            (8) Not later than 5 years after funds are first made 
        available for this Act, submit a report to Congress on the 
        actions and results of the partnership, including 
        recommendations and changes for future action to prevent the 
        spread of trespass grows on Federal lands, and public safety 
        and environmental effects associated with the eradication, 
        remediation, and prevention of trespass grows.
            (9) Involve other Federal, State, Tribal, and local 
        agencies, nongovernmental organizations, and the public in 
        eradication and remediation efforts, to the extent practicable.
            (10) Coordinate activities among States, political 
        subdivisions of States, and Federal agencies, contracting to 
        use commercially available aerial imagery, remote sensing, and 
        geospatial data acquisition services using manned aircraft 
        operations, unmanned aircraft systems, satellites, and other 
        technologies to observe, monitor, and identify illegal 
        marijuana cultivation and other illegal activities in support 
        of eradication and remediation efforts authorized by this Act 
        in a manner consistent with Federal law, in a manner consistent 
        with California v. Ciraolo (476 U.S. 207) and Dow Chemical Co. 
        v. United States (476 U.S. 227).
            (11) When appropriate, designate a lead agency when 
        activities undertaken under this Act involve more than one 
        jurisdiction or one or more Federal agencies.
            (12) Before taking any action that may impact Tribal lands, 
        consult with the Indian Tribe whose land may be impacted by 
        that action.
            (13) Take any other actions consistent with the authorities 
        granted herein to address eradication and remediation of 
        Federal lands.
    (f) Authorities.--To implement this section, the partnership may, 
subject to the prior approval of the Secretary of Agriculture--
            (1) make grants to States, political subdivisions of 
        States, nonprofit organizations, and other persons;
            (2) enter into cooperative agreements with, or provide 
        grants or technical assistance to, States, political 
        subdivisions of States, nonprofit organizations, Federal 
        agencies, and other interested parties;
            (3) hire and compensate staff to perform inherently 
        governmental functions;
            (4) obtain funds or services from any source, including 
        Federal and non-Federal funds, and funds and services provided 
        under any other Federal law or program;
            (5) contract for commercially available goods or services; 
        and
            (6) support activities of partners and any other activities 
        that further the purposes of this section.
    (g) Procedures.--The partnership shall establish such rules and 
procedures as it deems necessary or desirable.
    (h) Service Without Compensation.--Members of the partnership shall 
serve without pay.
    (i) Duties and Authorities of the Secretary of Agriculture.--
            (1) In general.--The Secretary of Agriculture shall convene 
        the partnership on a regular basis to carry out this section.
            (2) Technical and financial assistance.--The Secretary of 
        Agriculture and Secretary of the Interior may provide technical 
        and financial assistance, on a reimbursable or nonreimbursable 
        basis, as determined by the appropriate Secretary, to the 
        partnership or any members of the partnership to carry out this 
        section.
            (3) Cooperative agreements.--The Secretary of Agriculture 
        and Secretary of the Interior may enter into cooperative 
        agreements with the partnership, any members of the 
        partnership, or other public or private entities to provide 
        technical, financial, or other assistance to carry out this 
        section.
    (j) Public Lands Marijuana Eradication, Remediation, and 
Enforcement Fund.--
            (1) In general.--There is established in the Treasury of 
        the United States a fund, to be known as the ``Public Lands 
        Marijuana Eradication, Remediation, and Enforcement Fund'' 
        (referred to in this section as the ``Fund'').
            (2) Deposits.--For each of fiscal years 2021 through 2026, 
        there shall be deposited in the Fund an amount equal to 50 
        percent of all energy development revenues due and payable to 
        the United States from oil, gas, coal, or alternative or 
        renewable energy development on Federal land from the Mineral 
        Leasing Act (30 U.S.C. 181 et seq.), that would otherwise be 
        credited, covered, or deposited as miscellaneous receipts under 
        Federal law.
            (3) Maximum amount.--The amount deposited in the Fund under 
        paragraph (1) shall not exceed $25,000,000 for any fiscal year.
            (4) Effect on other revenues.--Nothing in this section 
        affects the disposition under Federal law, including the Gulf 
        of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; 
        Public Law 109-432), the Mineral Leasing Act (30 U.S.C. 181 et 
        seq.), and chapter 2003 of title 54, United States Code, of 
        energy development revenues--
                    (A) to special funds, trust funds, or States; or
                    (B) that have been otherwise appropriated under 
                Federal law.
    (k) Availability of Funds.--Amounts deposited in the Fund shall be 
available to the Secretary without further appropriation or fiscal year 
limitation.
    (l) Use of Funds.--Amounts deposited in the Fund shall be used for 
the duties under subsection (e), as determined by the Secretary.
    (m) Prohibited Use of Funds.--No amounts in the Fund shall be used 
for land acquisition.
    (n) Public Donations.--
            (1) In general.--The Secretary of the Interior, the 
        Director of the National Park Service, the Director of the 
        United States Fish and Wildlife Service, the Director of the 
        Bureau of Land Management, and the Assistant Secretary of 
        Indian Affairs may accept public cash or in-kind donations that 
        advance efforts to--
                    (A) advance the goals and efforts of the Public 
                Lands Eradication, Remediation, and Enforcement 
                Partnership; and
                    (B) encourage relevant public-private partnerships.
            (2) Credits to fund.--Any cash donations accepted under 
        paragraph (1) shall be credited to, and form a part of, the 
        Fund.
                                 <all>