,,ii #aadth ,,congress #ast ,session ,s4 #cdh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #c1 #bjae,mr4 ,hatch 7for himself and ,mrs4 ,feinstein7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,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 damage4 #a4 ,short title ,this ,act may be cited as the ,protecting ,lands ,against ,narcotics ,trafficking ,act of #bjae or the ,,plant ,act4 #b4 ,controlled ,substances ,act penalty amendments 7a7 ,cultivating or manufacturing controlled substances on ,federal property ,section #dja7;b77#e7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda7;b77#e77 is amended1 in the matter preceding subparagraph 7,a71 by striking as provided in this subsection and inserting for not more than #aj years1 in addition to any other term of imprisonment imposed under this subsection4 7b7 ,environmental harms and other hazards ,pursuant to its authority under section #iid of title #bh1 ,united ,states ,code1 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 #a offense level for a violation of section #dja7;a7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda7;a77 while on ,federal property or while intentionally trespassing on the property of another if the offense-- 7#a7 creates a hazard to humans1 wildlife1 or domestic animals2 7#b7 degrades or harms the environment or natural resources2 or 7#c7 pollutes an aquifer1 spring1 stream1 river1 or body of water4 7c7 ,stream diversion or clear cutting on ,federal property or while intentionally trespassing on the property of another 7#a7 ,prohibition on stream diversion or clear cutting on ,federal property or while intentionally trespassing on the property of another ,section #dja7;b7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda7;b771 as amended by subsection 7a71 is amended by adding at the end the following3 7#h7 ,destruction of bodies of water or timber 7,a7 ,in general ,any person who violates subsection 7a7 in a manner that diverts1 redirects1 obstructs1 or drains an aquifer1 spring1 stream1 river1 or body of water or clear cuts timber 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-- 7i7 the amount authorized in accordance with this section2 7ii7 the amount authorized in accordance with the provisions of title #ah1 ,united ,states ,code2 7iii7 #ejj1jjj if the defendant is an individual2 or 7iv7 #a1jjj1jjj if the defendant is other than an individual4 7,b7 ,use of amounts from fines 7i7 ,in general ,the ,secretary of the ,treasury shall transfer to the ,secretary of the ,interior1 for use in accordance with clause 7ii71 the amounts received as fines for a violation described in subparagraph 7,a74 7ii7 ,funds ,the ,secretary of the ,interior shall use the amounts transferred under clause 7i7 to address the environmental damage caused by any offense described in subparagraph 7,a74 4 7#b7 ,federal sentencing guidelines enhancement ,pursuant to its authority under section #iid of title #bh1 ,united ,states ,code1 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 #a offense level for a violation of section #dja7;a7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda7;a77 if the offense involves the diversion1 redirection1 obstruction1 or draining of an aquifer1 spring1 stream1 river1 or body of water or the clear cut of timber 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 another4 7#c7 ,technical and conforming amendment ,section #adjb7;b77#a77;,a7 of the ,victims of ,crime ,act of #aihd 7#db ,u4,s4,c4 #ajfja7;b77#a77;,a77 is amended-- 7,a7 in clause 7i71 by striking and at the end2 and 7,b7 by inserting after clause 7ii7 the following3 7iii7 section #dja7;b77#h7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda7;b77#h772 and 4 7d7 ,booby traps on ,federal property ,section #dja7;d77#a7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda7;d77#a77 is amended by inserting cultivated1 after is being4 7e7 ,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 #iid of title #bh1 ,united ,states ,code1 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 #a offense level for a violation of section #dja7;a7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda7;a77 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 another4