PLANT Act of 2020

I 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 dam- age, 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 fol- lowing bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Natural Re- sources, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall with- in the jurisdiction of the committee concerned A BILL To impose enhanced penalties for conduct relating to unlaw- ful production of a controlled substance on Federal prop- erty 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 Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 21:09 Jul 31, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7540.IH H7540 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 7540 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Protecting Lands 2 Against Narcotics Trafficking Act of 2020’’ or the 3 ‘‘PLANT Act of 2020’’. 4 SEC. 2. CONTROLLED SUBSTANCES ACT PENALTY AMEND- 5 MENTS. 6 (a) ENVIRONMENTAL HARMS AND OTHER HAZ- 7 ARDS.—Pursuant to its authority under section 994 of 8 title 28, United States Code, the United States Sentencing 9 Commission shall amend and review the Federal Sen- 10 tencing Guidelines and policy statements to ensure that 11 the guidelines provide for a penalty enhancement of not 12 less than 3 offense levels for a violation of section 401(a) 13 of the Controlled Substances Act (21 U.S.C. 841(a)) while 14 on Federal property or while intentionally trespassing on 15 the property of another if the offense— 16 (1) poses or creates a hazard to humans, live- 17 stock, fish, wildlife, the environment, or domestic 18 animals; 19 (2) degrades or harms the environment or nat- 20 ural resources; 21 (3) diverts, redirects, obstructs, or drains an 22 aquifer, spring, stream, river, or body of water or 23 clear cuts, removes, or substantially alters timber or 24 vegetation; 25 VerDate Sep 11 2014 21:09 Jul 31, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7540.IH H7540 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 7540 IH (4) pollutes or contaminates an aquifer, spring, 1 stream, river, body of water, soil, or native vegeta- 2 tion; or 3 (5) constitutes a violation of the Federal Water 4 Pollution Control Act (33 U.S.C. 1251 et seq.), the 5 Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), 6 the Federal Insecticide, Fungicide, and Rodenticide 7 Act (7 U.S.C. 136 et seq.), or the Endangered Spe- 8 cies Act of 1973 (16 U.S.C. 1531 et seq.). 9 (b) AGGRAVATING ROLE.—Pursuant to its authority 10 under section 994 of title 28, United States Code, the 11 United States Sentencing Commission shall amend and re- 12 view the Federal Sentencing Guidelines and policy state- 13 ments to ensure that the guidelines provide for a penalty 14 enhancement of not less than 3 offense levels for a viola- 15 tion of section 401(a) of the Controlled Substances Act 16 (21 U.S.C. 841(a)) while on Federal property or while in- 17 tentionally trespassing on the property of another if the 18 offender also received an adjustment under §3B1.1 (Ag- 19 gravating Role). 20 (c) STREAM DIVERSION OR CLEAR CUTTING ON 21 FEDERAL PROPERTY OR WHILE INTENTIONALLY TRES- 22 PASSING ON THE PROPERTY OF ANOTHER.— 23 (1) PROHIBITION ON STREAM DIVERSION OR 24 CLEAR CUTTING ON FEDERAL PROPERTY OR WHILE 25 VerDate Sep 11 2014 21:09 Jul 31, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7540.IH H7540 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 7540 IH INTENTIONALLY TRESPASSING ON THE PROPERTY 1 OF ANOTHER.—Section 401(b) of the Controlled 2 Substances Act (21 U.S.C. 841(b)), as amended by 3 subsection (a), is amended by adding at the end the 4 following: 5 ‘‘(8) DESTRUCTION OF BODIES OF WATER OR 6 TIMBER.— 7 ‘‘(A) IN GENERAL.—Any person who vio- 8 lates subsection (a) in a manner that diverts, 9 redirects, obstructs, or drains an aquifer, 10 spring, stream, river, or body of water or clear 11 cuts or removes or substantially alters timber or 12 vegetation while cultivating or manufacturing a 13 controlled substance on Federal property or 14 while cultivating or manufacturing a controlled 15 substance while intentionally trespassing on the 16 property of another shall be fined an amount 17 not to exceed— 18 ‘‘(i) the amount authorized in accord- 19 ance with this section; 20 ‘‘(ii) the amount authorized in accord- 21 ance with the provisions of title 18, United 22 States Code; 23 ‘‘(iii) $500,000 if the defendant is an 24 individual; or 25 VerDate Sep 11 2014 21:09 Jul 31, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7540.IH H7540 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 7540 IH ‘‘(iv) $1,000,000 if the defendant is 1 other than an individual. 2 ‘‘(B) USE OF AMOUNTS FROM FINES.— 3 ‘‘(i) IN GENERAL.—The Secretary of 4 the Treasury shall transfer to the Sec- 5 retary of the Interior and the Secretary of 6 Agriculture, for use in accordance with 7 clause (ii), the amounts received as fines 8 for a violation described in subparagraph 9 (A). 10 ‘‘(ii) FUNDS.—The Secretary of the 11 Interior and the Secretary of Agriculture 12 shall use the amounts transferred under 13 clause (i) to address the environmental 14 damage caused by any offense described in 15 subparagraph (A), including by providing 16 such funds to nonprofit organizations that 17 address such damage.’’. 18 (2) FEDERAL SENTENCING GUIDELINES EN- 19 HANCEMENT.—Pursuant to its authority under sec- 20 tion 994 of title 28, United States Code, the United 21 States Sentencing Commission shall review and 22 amend the Federal Sentencing Guidelines and policy 23 statements to ensure that the guidelines provide for 24 a penalty enhancement of not less than 1 offense 25 VerDate Sep 11 2014 21:09 Jul 31, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7540.IH H7540 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 7540 IH level for a violation of section 401(a) of the Con- 1 trolled Substances Act (21 U.S.C. 841(a)) if the of- 2 fense involves the diversion, redirection, obstruction, 3 or draining of an aquifer, spring, stream, river, or 4 body of water or the clear cut or removal of timber 5 or vegetation while cultivating or manufacturing a 6 controlled substance on Federal property or while 7 cultivating or manufacturing a controlled substance 8 while intentionally trespassing on the property of an- 9 other. 10 (3) TECHNICAL AND CONFORMING AMEND- 11 MENT.—Section 1402(b)(1)(A) of the Victims of 12 Crime Act of 1984 (42 U.S.C. 10601(b)(1)(A)) is 13 amended— 14 (A) in clause (i), by striking ‘‘and’’ at the 15 end; and 16 (B) by inserting after clause (ii) the fol- 17 lowing: 18 ‘‘(iii) section 401(b)(8) of the Con- 19 trolled Substances Act (21 U.S.C. 20 841(b)(8)); and’’. 21 (d) BOOBY TRAPS ON FEDERAL PROPERTY.—Sec- 22 tion 401(d)(1) of the Controlled Substances Act (21 23 U.S.C. 841(d)(1)) is amended by inserting ‘‘cultivated,’’ 24 after ‘‘is being’’. 25 VerDate Sep 11 2014 21:09 Jul 31, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7540.IH H7540 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 7540 IH (e) USE OR POSSESSION OF FIREARMS IN CONNEC- 1 TION WITH DRUG OFFENSES ON FEDERAL PROPERTY OR 2 WHILE INTENTIONALLY TRESPASSING ON THE PROP- 3 ERTY OF ANOTHER.—Pursuant to its authority under sec- 4 tion 994 of title 28, United States Code, the United States 5 Sentencing Commission shall review and amend the Fed- 6 eral Sentencing Guidelines and policy statements to en- 7 sure that the guidelines provide for a penalty enhancement 8 of not less than 2 offense levels for a violation of section 9 401(a) of the Controlled Substances Act (21 U.S.C. 10 841(a)) if the offense involves the possession of a firearm 11 while cultivating or manufacturing a controlled substance 12 on Federal property or while cultivating or manufacturing 13 a controlled substance while intentionally trespassing on 14 the property of another. 15 SEC. 3. PUBLIC LANDS ERADICATION, REMEDIATION, AND 16 ENFORCEMENT PARTNERSHIP. 17 (a) DEFINITIONS.—In this section: 18 (1) ERADICATION.—The term ‘‘eradication’’ 19 means the removal and destruction of illegally cul- 20 tivated substances on Federal land. 21 (2) ENFORCEMENT.—The term ‘‘enforcement’’ 22 means an action undertaken by law enforcement to 23 prevent the cultivation of illegal substances on Fed- 24 eral land. 25 VerDate Sep 11 2014 21:09 Jul 31, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7540.IH H7540 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 7540 IH (3) PARTNERSHIP.—The term ‘‘partnership’’ 1 means the Public Lands Eradication and Remedi- 2 ation Partnership, established by subsection (b). 3 (4) PRIORITY LANDS.—The term ‘‘priority 4 lands’’ means Federal land that is determined by the 5 partnership to be a high priority for either eradi- 6 cation, remediation, enforcement, or a combination 7 thereof. 8 (5) REMEDIATION.—The term ‘‘remediation’’— 9 (A) means to facilitate the recovery of 10 lands and waters that have been degraded, 11 damaged, or destroyed by illegal marijuana cul- 12 tivation or another illegal activity; and 13 (B) includes— 14 (i) removal of trash, debris, and other 15 deleterious material and the materials and 16 surfaces contaminated by such trash, de- 17 bris, and deleterious material; and 18 (ii) establishing the composition, 19 structure, pattern, and ecological processes 20 necessary to facilitate terrestrial and 21 aquatic ecosystem sustainability, resilience, 22 and health under current and future condi- 23 tions. 24 VerDate Sep 11 2014 21:09 Jul 31, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7540.IH H7540 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 7540 IH (b) ESTABLISHMENT.—There is hereby established a 1 Public Lands Eradication and Remediation Partnership. 2 (c) PURPOSES.—The purposes of the partnership are 3 to— 4 (1) coordinate the activities of Federal, State, 5 Tribal, and local authorities, and the private sector, 6 in the eradication and remediation of priority lands 7 affected by illegal marijuana cultivation or associ- 8 ated illegal activities; 9 (2) use the resources and expertise of each 10 agency, authority, or entity in implementing eradi- 11 cation and remediation activities on priority lands in 12 States, including sharing best practices on eradi- 13 cation and remediation of illegal substances on Fed- 14 eral lands; and 15 (3) support existing ad hoc or permanent nar- 16 cotics trafficking partnerships focused on marijuana 17 eradication, remediation, and enforcement activities. 18 (d) MEMBERSHIP.—The members of the partnership 19 shall include the following: 20 (1) The Secretary of Agriculture, or a designee 21 of the Secretary of Agriculture to represent the For- 22 est Service. 23 (2) The Secretary of the Interior, or a designee 24 of the Secretary of the Interior, to represent the 25 VerDate Sep 11 2014 21:09 Jul 31, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7540.IH H7540 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 7540 IH United States Fish and Wildlife Service, Bureau of 1 Land Management, the Bureau of Indian Affairs, 2 and National Park Service. 3 (3) The Director of the Office of National Drug 4 Control Policy, or a designee of the Director. 5 (4) A designee of the Governor of each State 6 that opts to join the partnership to represent the in- 7 terests of that State regarding the water and other 8 natural resources of that State. 9 (5) A designee of the Governor of each State 10 that opts to join the partnership to represent the law 11 enforcement interests of that State. 12 (6) The Secretary of Homeland Security, or a 13 designee of the Secretary of Homeland Security. 14 (7) The Administrator of the Drug Enforce- 15 ment Administration, or a designee of the Adminis- 16 trator of the Drug Enforcement Administration. 17 (8) A designee of the National Guard. 18 (9) One member to represent Indian Tribes, to 19 be appointed by the Secretary of Agriculture. 20 (10) One member to represent nongovernmental 21 organizations with an interest in Federal land eradi- 22 cation and remediation, to be appointed by the Sec- 23 retary of Agriculture. 24 VerDate Sep 11 2014 21:09 Jul 31, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7540.IH H7540 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 7540 IH (11) One member to represent local govern- 1 mental interests, to be appointed by the Secretary of 2 Agriculture. 3 (e) DUTIES.—To further the purposes of this section, 4 the partnership shall have the following duties: 5 (1) Identify priorities for eradication and reme- 6 diation on Federal lands. 7 (2) Secure resources from Federal and non- 8 Federal sources to apply to eradication and remedi- 9 ation of Federal lands. 10 (3) Carry out eradication and remediation on 11 Federal lands. 12 (4) Support efforts by Federal, State, Tribal, 13 and local agencies, and nongovernmental organiza- 14 tions in carrying out eradication and remediation of 15 priority lands. 16 (5) Support research and education on the im- 17 pacts of, and solutions to, illegal marijuana cultiva- 18 tion and other illegal activities on priority lands. 19 (6) Document all actions taken by or known to 20 the partnership to eradicate or remediate illegal sub- 21 stances on public lands, including tracking facilities 22 used to test the following in cannabis or cannabis 23 products: 24 VerDate Sep 11 2014 21:09 Jul 31, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H7540.IH H7540 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 7540 IH (A) Levels of tetrahydrocannabinol (THC) 1 or cannabidiol (CBD). 2 (B) Adulterants. 3 (C) Pesticides. 4 (D) Vitamins. 5 (E) Heavy metals. 6 (F) Other matter the presence of which 7 may assist in tracing contamination to risks to 8 human health. 9 (7) Not later than 5 years after funds are first 10 made available to carry out this Act, in consultation 11 with the Deputy Assistant Secretary of Labor for 12 Occupational Safety and Health, recommend the es- 13 tablishment of Federal guidelines, procedures, and 14 best practices for handling pesticides found on Fed- 15 eral land that are not registered under the [Text truncated for display. 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