[Congressional Record Volume 159, Number 182 (Friday, December 20, 2013)]
[Senate]
[Pages S9107-S9108]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself and Mr. Hatch):
  S. 1889. 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; to the Committee on the 
Judiciary.
  Mrs. FEINSTEIN. Mr. President, I rise to introduce the Protecting 
Lands Against Narcotics Trafficking or PLANT Act of 2013 with my 
colleague and friend, Senator Orrin Hatch.
  This bill, which is similar to House legislation introduced by 
Representative Jared Huffman, will help curb the severe environmental 
damage caused by illegal marijuana grows. I thank my friend and fellow 
Californian, Representative Huffman, for his leadership on this issue.
  Across our Nation, but especially in California, drug traffickers 
cultivate marijuana with zero regard for the environmental destruction 
it causes. Motivated solely by profits, these criminals illegally 
divert streams, poison wildlife, pollute watersheds and destroy the 
natural heritage that we have worked so hard to protect.
  Recognizing the destructive ecological impact of illegal marijuana 
cultivation, this legislation directs the United States Sentencing 
Commission to review and amend Federal sentencing guidelines to account 
for the environmental crimes drug traffickers commit on public and 
trespassed lands.
  Specifically, the bill instructs the Sentencing Commission to put in 
place sentencing guidelines that increase penalties for individuals who 
engage in any of the following activities while cultivating illegal 
drugs on Federal lands or while trespassing on another person's 
property:
  Use of poisons or hazardous chemicals, such as pesticides and 
rodenticides; the diversion, redirection, obstruction, draining or 
impoundment of local aquifers, rivers or bodies of water; or 
significant removal of vegetation or clear cutting of timber.
  In addition to environmental concerns, this legislation addresses the 
safety of our public lands. It directs the Sentencing Commission to 
provide guidelines increasing penalties on drug traffickers who use or 
possess a firearm while producing illegal drugs on federal or 
trespassed lands.
  Last year alone, over 900,000 marijuana plants were eradicated at 471 
sites on National Forest Lands. Sadly, this represents only a fraction 
of the total marijuana illegally grown in our National Parks, Forests 
and other public lands. In California, Operation Pristine, a recent 
effort to combat the environmental damage caused by illegal marijuana 
production, resulted in the removal of over 8,700 tons of trash 
including pesticides, batteries, fertilizers and propane tanks from 
environmentally sensitive lands.
  Drug traffickers often use illegal pesticides smuggled in from 
Mexico, such as carbofuran, which contaminate California's water 
resources. They also use pesticides and rodenticides in an illegal 
manner, often on protected lands. These poisons are having a 
devastating impact on California's wildlife, including the Pacific 
Fisher, a member of the Weasel family being considered for listing as 
an endangered species.
  Taxpayers are also being hit hard by the millions of dollars needed 
to clean up the environmental damage caused by illegal marijuana grows. 
Estimates put the cost of reclaiming land damaged by illicit marijuana 
growth at approximately $15,000 per acre. As you might expect, drug 
traffickers are not setting aside funds for this work, and the cost is 
passed on to the American people.
  Illicit marijuana cultivation also damages the economy and hurts 
legitimate businesses. Timber companies, farmers and ranchers have had 
their operations disrupted by criminals growing marijuana illegally. 
Marijuana growers on agricultural lands, particularly in the Central 
Valley, divert thousands of gallons of scarce water from legitimate 
agriculture. In 2013 alone, California has identified over 1,800 grow 
sites in the Central Valley, including 406 in Tulare County and 537 in 
Fresno as of November.
  As Chairman of the Senate Caucus on International Narcotics Control 
and also as a Senator who has worked to safeguard our country's natural 
resources, I believe that we cannot allow drug traffickers to destroy 
our public lands, pollute our waters and kill our wildlife with 
impunity. It is time that sentencing guidelines take into account the 
environmental damage that drug traffickers all too often cause. This 
legislation, directing the Sentencing Commission to review and amend 
its guidelines, will do just that.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1889

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page S9108]]

     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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