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 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Protecting Lands 

3 Against Narcotics Trafficking Act of 2020’’ or the 

4 ‘‘PLANT Act of 2020’’. 

5 SEC. 2. CONTROLLED SUBSTANCES ACT PENALTY AMEND6 MENTS. 

7 (a) ENVIRONMENTAL HARMS AND OTHER HAZ8 ARDS.—Pursuant to its authority under section 994 of 

9 title 28, United States Code, the United States Sentencing 

10 Commission shall amend and review the Federal Sen11 tencing Guidelines and policy statements to ensure that 

12 the guidelines provide for a penalty enhancement of not 

13 less than 3 offense levels for a violation of section 401(a) 

14 of the Controlled Substances Act (21 U.S.C. 841(a)) while 

15 on Federal property or while intentionally trespassing on 

16 the property of another if the offense— 

17 (1) poses or creates a hazard to humans, live18 stock, fish, wildlife, the environment, or domestic 

19 animals; 

20 (2) degrades or harms the environment or nat21 ural resources; 

22 (3) diverts, redirects, obstructs, or drains an 

23 aquifer, spring, stream, river, or body of water or 

24 clear cuts, removes, or substantially alters timber or 

25 vegetation; 


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1 (4) pollutes or contaminates an aquifer, spring, 

2 stream, river, body of water, soil, or native vegeta3 tion; or 

4 (5) constitutes a violation of the Federal Water 

5 Pollution Control Act (33 U.S.C. 1251 et seq.), the 

6 Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), 

7 the Federal Insecticide, Fungicide, and Rodenticide 

8 Act (7 U.S.C. 136 et seq.), or the Endangered Spe9 cies Act of 1973 (16 U.S.C. 1531 et seq.). 

10 (b) AGGRAVATING ROLE.—Pursuant to its authority 

11 under section 994 of title 28, United States Code, the 

12 United States Sentencing Commission shall amend and re13 view the Federal Sentencing Guidelines and policy state14 ments to ensure that the guidelines provide for a penalty 

15 enhancement of not less than 3 offense levels for a viola16 tion of section 401(a) of the Controlled Substances Act 

17 (21 U.S.C. 841(a)) while on Federal property or while in18 tentionally trespassing on the property of another if the 

19 offender also received an adjustment under §3B1.1 (Ag20 gravating Role). 

21 (c) STREAM DIVERSION OR CLEAR CUTTING ON

22 FEDERAL PROPERTY OR WHILE INTENTIONALLY TRES23 PASSING ON THE PROPERTY OF ANOTHER.— 

24 (1) PROHIBITION ON STREAM DIVERSION OR

25 CLEAR CUTTING ON FEDERAL PROPERTY OR WHILE


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1 INTENTIONALLY TRESPASSING ON THE PROPERTY

2 OF ANOTHER.—Section 401(b) of the Controlled 

3 Substances Act (21 U.S.C. 841(b)), as amended by 

4 subsection (a), is amended by adding at the end the 

5 following: 

6 ‘‘(8) DESTRUCTION OF BODIES OF WATER OR

7 TIMBER.— 

8 ‘‘(A) IN GENERAL.—Any person who vio9 lates subsection (a) in a manner that diverts, 

10 redirects, obstructs, or drains an aquifer, 

11 spring, stream, river, or body of water or clear 

12 cuts or removes or substantially alters timber or 

13 vegetation while cultivating or manufacturing a 

14 controlled substance on Federal property or 

15 while cultivating or manufacturing a controlled 

16 substance while intentionally trespassing on the 

17 property of another shall be fined an amount 

18 not to exceed— 

19 ‘‘(i) the amount authorized in accord20 ance with this section; 

21 ‘‘(ii) the amount authorized in accord22 ance with the provisions of title 18, United 

23 States Code; 

24 ‘‘(iii) $500,000 if the defendant is an 

25 individual; or 


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1 ‘‘(iv) $1,000,000 if the defendant is 

2 other than an individual. 

3 ‘‘(B) USE OF AMOUNTS FROM FINES.— 

4 ‘‘(i) IN GENERAL.—The Secretary of 

5 the Treasury shall transfer to the Sec6 retary of the Interior and the Secretary of 

7 Agriculture, for use in accordance with 

8 clause (ii), the amounts received as fines 

9 for a violation described in subparagraph 

10 (A). 

11 ‘‘(ii) FUNDS.—The Secretary of the 

12 Interior and the Secretary of Agriculture 

13 shall use the amounts transferred under 

14 clause (i) to address the environmental 

15 damage caused by any offense described in 

16 subparagraph (A), including by providing 

17 such funds to nonprofit organizations that 

18 address such damage.’’. 

19 (2) FEDERAL SENTENCING GUIDELINES EN20 HANCEMENT.—Pursuant to its authority under sec21 tion 994 of title 28, United States Code, the United 

22 States Sentencing Commission shall review and 

23 amend the Federal Sentencing Guidelines and policy 

24 statements to ensure that the guidelines provide for 

25 a penalty enhancement of not less than 1 offense 


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1 level for a violation of section 401(a) of the Con2 trolled Substances Act (21 U.S.C. 841(a)) if the of3 fense involves the diversion, redirection, obstruction, 

4 or draining of an aquifer, spring, stream, river, or 

5 body of water or the clear cut or removal of timber 

6 or vegetation while cultivating or manufacturing a 

7 controlled substance on Federal property or while 

8 cultivating or manufacturing a controlled substance 

9 while intentionally trespassing on the property of an10 other. 

11 (3) TECHNICAL AND CONFORMING AMEND12 MENT.—Section 1402(b)(1)(A) of the Victims of 

13 Crime Act of 1984 (42 U.S.C. 10601(b)(1)(A)) is 

14 amended— 

15 (A) in clause (i), by striking ‘‘and’’ at the 

16 end; and 

17 (B) by inserting after clause (ii) the fol18 lowing: 

19 ‘‘(iii) section 401(b)(8) of the Con20 trolled Substances Act (21 U.S.C. 

21 841(b)(8)); and’’. 

22 (d) BOOBY TRAPS ON FEDERAL PROPERTY.—Sec23 tion 401(d)(1) of the Controlled Substances Act (21 

24 U.S.C. 841(d)(1)) is amended by inserting ‘‘cultivated,’’ 

25 after ‘‘is being’’. 


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1 (e) USE OR POSSESSION OF FIREARMS IN CONNEC2 TION WITH DRUG OFFENSES ON FEDERAL PROPERTY OR

3 WHILE INTENTIONALLY TRESPASSING ON THE PROP4 ERTY OF ANOTHER.—Pursuant to its authority under sec5 tion 994 of title 28, United States Code, the United States 

6 Sentencing Commission shall review and amend the Fed7 eral Sentencing Guidelines and policy statements to en8 sure that the guidelines provide for a penalty enhancement 

9 of not less than 2 offense levels for a violation of section 

10 401(a) of the Controlled Substances Act (21 U.S.C. 

11 841(a)) if the offense involves the possession of a firearm 

12 while cultivating or manufacturing a controlled substance 

13 on Federal property or while cultivating or manufacturing 

14 a controlled substance while intentionally trespassing on 

15 the property of another. 

16 SEC. 3. PUBLIC LANDS ERADICATION, REMEDIATION, AND 

17 ENFORCEMENT PARTNERSHIP. 

18 (a) DEFINITIONS.—In this section: 

19 (1) ERADICATION.—The term ‘‘eradication’’ 

20 means the removal and destruction of illegally cul21 tivated substances on Federal land. 

22 (2) ENFORCEMENT.—The term ‘‘enforcement’’ 

23 means an action undertaken by law enforcement to 

24 prevent the cultivation of illegal substances on Fed25 eral land. 


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1 (3) PARTNERSHIP.—The term ‘‘partnership’’ 

2 means the Public Lands Eradication and Remedi3 ation Partnership, established by subsection (b). 

4 (4) PRIORITY LANDS.—The term ‘‘priority 

5 lands’’ means Federal land that is determined by the 

6 partnership to be a high priority for either eradi7 cation, remediation, enforcement, or a combination 

8 thereof. 

9 (5) REMEDIATION.—The term ‘‘remediation’’— 

10 (A) means to facilitate the recovery of 

11 lands and waters that have been degraded, 

12 damaged, or destroyed by illegal marijuana cul13 tivation or another illegal activity; and 

14 (B) includes— 

15 (i) removal of trash, debris, and other 

16 deleterious material and the materials and 

17 surfaces contaminated by such trash, de18 bris, and deleterious material; and 

19 (ii) establishing the composition, 

20 structure, pattern, and ecological processes 

21 necessary to facilitate terrestrial and 

22 aquatic ecosystem sustainability, resilience, 

23 and health under current and future condi24 tions. 


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1 (b) ESTABLISHMENT.—There is hereby established a 

2 Public Lands Eradication and Remediation Partnership. 

3 (c) PURPOSES.—The purposes of the partnership are 

4 to— 

5 (1) coordinate the activities of Federal, State, 

6 Tribal, and local authorities, and the private sector, 

7 in the eradication and remediation of priority lands 

8 affected by illegal marijuana cultivation or associ9 ated illegal activities; 

10 (2) use the resources and expertise of each 

11 agency, authority, or entity in implementing eradi12 cation and remediation activities on priority lands in 

13 States, including sharing best practices on eradi14 cation and remediation of illegal substances on Fed15 eral lands; and 

16 (3) support existing ad hoc or permanent nar17 cotics trafficking partnerships focused on marijuana 

18 eradication, remediation, and enforcement activities. 

19 (d) MEMBERSHIP.—The members of the partnership 

20 shall include the following: 

21 (1) The Secretary of Agriculture, or a designee 

22 of the Secretary of Agriculture to represent the For23 est Service. 

24 (2) The Secretary of the Interior, or a designee 

25 of the Secretary of the Interior, to represent the 


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1 United States Fish and Wildlife Service, Bureau of 

2 Land Management, the Bureau of Indian Affairs, 

3 and National Park Service. 

4 (3) The Director of the Office of National Drug 

5 Control Policy, or a designee of the Director. 

6 (4) A designee of the Governor of each State 

7 that opts to join the partnership to represent the in8 terests of that State regarding the water and other 

9 natural resources of that State. 

10 (5) A designee of the Governor of each State 

11 that opts to join the partnership to represent the law 

12 enforcement interests of that State. 

13 (6) The Secretary of Homeland Security, or a 

14 designee of the Secretary of Homeland Security. 

15 (7) The Administrator of the Drug Enforce16 ment Administration, or a designee of the Adminis17 trator of the Drug Enforcement Administration. 

18 (8) A designee of the National Guard. 

19 (9) One member to represent Indian Tribes, to 

20 be appointed by the Secretary of Agriculture. 

21 (10) One member to represent nongovernmental 

22 organizations with an interest in Federal land eradi23 cation and remediation, to be appointed by the Sec24 retary of Agriculture. 


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1 (11) One member to represent local govern2 mental interests, to be appointed by the Secretary of 

3 Agriculture. 

4 (e) DUTIES.—To further the purposes of this section, 

5 the partnership shall have the following duties: 

6 (1) Identify priorities for eradication and reme7 diation on Federal lands. 

8 (2) Secure resources from Federal and non9 Federal sources to apply to eradication and remedi10 ation of Federal lands. 

11 (3) Carry out eradication and remediation on 

12 Federal lands. 

13 (4) Support efforts by Federal, State, Tribal, 

14 and local agencies, and nongovernmental organiza15 tions in carrying out eradication and remediation of 

16 priority lands. 

17 (5) Support research and education on the im18 pacts of, and solutions to, illegal marijuana cultiva19 tion and other illegal activities on priority lands. 

20 (6) Document all actions taken by or known to 

21 the partnership to eradicate or remediate illegal sub22 stances on public lands, including tracking facilities 

23 used to test the following in cannabis or cannabis 

24 products: 


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1 (A) Levels of tetrahydrocannabinol (THC) 

2 or cannabidiol (CBD). 

3 (B) Adulterants. 

4 (C) Pesticides. 

5 (D) Vitamins. 

6 (E) Heavy metals. 

7 (F) Other matter the presence of which 

8 may assist in tracing contamination to risks to 

9 human health. 

10 (7) Not later than 5 years after funds are first 

11 made available to carry out this Act, in consultation 

12 with the Deputy Assistant Secretary of Labor for 

13 Occupational Safety and Health, recommend the es14 tablishment of Federal guidelines, procedures, and 

15 best practices for handling pesticides found on Fed16 eral land that are not registered under the Federal 

17 Insecticide, Fungicide, and Rodenticide Act (7 

18 U.S.C. 136 et seq.). 

19 (8) Not later than 5 years after funds are first 

20 made available for this Act, submit a report to Con21 gress on the actions and results of the partnership, 

22 including recommendations and changes for future 

23 action to prevent the spread of trespass grows on 

24 Federal lands, and public safety and environmental 


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1 effects associated with the eradication, remediation, 

2 and prevention of trespass grows. 

3 (9) Involve other Federal, State, Tribal, and 

4 local agencies, nongovernmental organizations, and 

5 the public in eradication and remediation efforts, to 

6 the extent practicable. 

7 (10) Coordinate activities among States, polit8 ical subdivisions of States, and Federal agencies, 

9 contracting to use commercially available aerial im10 agery, remote sensing, and geospatial data acquisi11 tion services using manned aircraft operations, un12 manned aircraft systems, satellites, and other tech13 nologies to observe, monitor, and identify illegal 

14 marijuana cultivation and other illegal activities in 

15 support of eradication and remediation efforts au16 thorized by this Act in a manner consistent with 

17 Federal law, in a manner consistent with California 

18 v. Ciraolo (476 U.S. 207) and Dow Chemical Co. v. 

19 United States (476 U.S. 227). 

20 (11) When appropriate, designate a lead agency 

21 when activities undertaken under this Act involve 

22 more than one jurisdiction or one or more Federal 

23 agencies. 


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1 (12) Before taking any action that may impact 

2 Tribal lands, consult with the Indian Tribe whose 

3 land may be impacted by that action. 

4 (13) Take any other actions consistent with the 

5 authorities granted herein to address eradication 

6 and remediation of Federal lands. 

7 (f) AUTHORITIES.—To implement this section, the 

8 partnership may, subject to the prior approval of the Sec9 retary of Agriculture— 

10 (1) make grants to States, political subdivisions 

11 of States, nonprofit organizations, and other per12 sons; 

13 (2) enter into cooperative agreements with, or 

14 provide grants or technical assistance to, States, po15 litical subdivisions of States, nonprofit organizations, 

16 Federal agencies, and other interested parties; 

17 (3) hire and compensate staff to perform inher18 ently governmental functions; 

19 (4) obtain funds or services from any source, 

20 including Federal and non-Federal funds, and funds 

21 and services provided under any other Federal law 

22 or program; 

23 (5) contract for commercially available goods or 

24 services; and 


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1 (6) support activities of partners and any other 

2 activities that further the purposes of this section. 

3 (g) PROCEDURES.—The partnership shall establish 

4 such rules and procedures as it deems necessary or desir5 able. 

6 (h) SERVICE WITHOUT COMPENSATION.—Members 

7 of the partnership shall serve without pay. 

8 (i) DUTIES AND AUTHORITIES OF THE SECRETARY

9 OF AGRICULTURE.— 

10 (1) IN GENERAL.—The Secretary of Agriculture 

11 shall convene the partnership on a regular basis to 

12 carry out this section. 

13 (2) TECHNICAL AND FINANCIAL ASSISTANCE.— 

14 The Secretary of Agriculture and Secretary of the 

15 Interior may provide technical and financial assist16 ance, on a reimbursable or nonreimbursable basis, as 

17 determined by the appropriate Secretary, to the 

18 partnership or any members of the partnership to 

19 carry out this section. 

20 (3) COOPERATIVE AGREEMENTS.—The Sec21 retary of Agriculture and Secretary of the Interior 

22 may enter into cooperative agreements with the 

23 partnership, any members of the partnership, or 

24 other public or private entities to provide technical, 


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1 financial, or other assistance to carry out this sec2 tion. 

3 (j) PUBLIC LANDS MARIJUANA ERADICATION, RE4 MEDIATION, AND ENFORCEMENT FUND.— 

5 (1) IN GENERAL.—There is established in the 

6 Treasury of the United States a fund, to be known 

7 as the ‘‘Public Lands Marijuana Eradication, Reme8 diation, and Enforcement Fund’’ (referred to in this 

9 section as the ‘‘Fund’’). 

10 (2) DEPOSITS.—For each of fiscal years 2021 

11 through 2026, there shall be deposited in the Fund 

12 an amount equal to 50 percent of all energy develop13 ment revenues due and payable to the United States 

14 from oil, gas, coal, or alternative or renewable en15 ergy development on Federal land from the Mineral 

16 Leasing Act (30 U.S.C. 181 et seq.), that would oth17 erwise be credited, covered, or deposited as miscella18 neous receipts under Federal law. 

19 (3) MAXIMUM AMOUNT.—The amount deposited 

20 in the Fund under paragraph (1) shall not exceed 

21 $25,000,000 for any fiscal year. 

22 (4) EFFECT ON OTHER REVENUES.—Nothing 

23 in this section affects the disposition under Federal 

24 law, including the Gulf of Mexico Energy Security 

25 Act of 2006 (43 U.S.C. 1331 note; Public Law 109– 


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1 432), the Mineral Leasing Act (30 U.S.C. 181 et 

2 seq.), and chapter 2003 of title 54, United States 

3 Code, of energy development revenues— 

4 (A) to special funds, trust funds, or States; 

5 or 

6 (B) that have been otherwise appropriated 

7 under Federal law. 

8 (k) AVAILABILITY OF FUNDS.—Amounts deposited in 

9 the Fund shall be available to the Secretary without fur10 ther appropriation or fiscal year limitation. 

11 (l) USE OF FUNDS.—Amounts deposited in the Fund 

12 shall be used for the duties under subsection (e), as deter13 mined by the Secretary. 

14 (m) PROHIBITED USE OF FUNDS.—No amounts in 

15 the Fund shall be used for land acquisition. 

16 (n) PUBLIC DONATIONS.— 

17 (1) IN GENERAL.—The Secretary of the Inte18 rior, the Director of the National Park Service, the 

19 Director of the United States Fish and Wildlife 

20 Service, the Director of the Bureau of Land Man21 agement, and the Assistant Secretary of Indian Af22 fairs may accept public cash or in-kind donations 

23 that advance efforts to— 


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1 (A) advance the goals and efforts of the 

2 Public Lands Eradication, Remediation, and 

3 Enforcement Partnership; and 

4 (B) encourage relevant public-private part5 nerships. 

6 (2) CREDITS TO FUND.—Any cash donations 

7 accepted under paragraph (1) shall be credited to, 

8 and form a part of, the Fund. 

Æ 


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