H.R. 2735 — Introduced in House

I 113th CONGRESS 1st Session H. R. 2735 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. 1. Short title This Act may be cited as the Protecting Lands Against Narcotics Trafficking Act of 2013 or the PLANT Act. 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. 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. 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.