II 

113TH CONGRESS 

1ST SESSION S. 1889 

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. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 20, 2013 

Mrs. FEINSTEIN (for herself and Mr. HATCH) introduced the following bill; 

which was read twice and 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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

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

5 Against Narcotics Trafficking Act of 2013’’ or the 

6 ‘‘PLANT Act’’. 


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1 SEC. 2. CONTROLLED SUBSTANCES ACT PENALTY AMEND2 MENTS. 

3 (a) CULTIVATING OR MANUFACTURING CONTROLLED

4 SUBSTANCES ON FEDERAL PROPERTY.—Section 

5 401(b)(5) of the Controlled Substances Act (21 U.S.C. 

6 841(b)(5)) is amended, in the matter preceding subpara7 graph (A), by striking ‘‘as provided in this subsection’’ 

8 and inserting ‘‘for not more than 10 years, in addition 

9 to any other term of imprisonment imposed under this 

10 subsection’’. 

11 (b) USE OF HAZARDOUS SUBSTANCES.—Pursuant to 

12 its authority under section 994 of title 28, United States 

13 Code, the United States Sentencing Commission shall 

14 amend and review the Federal Sentencing Guidelines and 

15 policy statements to ensure that the guidelines provide for 

16 a penalty enhancement of not less than 1 offense level for 

17 a violation of section 401(a) of the Controlled Substances 

18 Act (21 U.S.C. 841(a)) while on Federal property or in19 tentionally trespassing on the property of another if the 

20 offense— 

21 (1) includes the use of a poison, chemical, or 

22 other hazardous substance to cultivate or manufac23 ture controlled substances on Federal property; 

24 (2) creates a hazard to humans, wildlife, or do25 mestic animals; 


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1 (3) degrades or harms the environment or nat2 ural resources; or 

3 (4) pollutes an aquifer, spring, stream, river, or 

4 body of water. 

5 (c) STREAM DIVERSION OR CLEAR CUTTING ON

6 FEDERAL PROPERTY.— 

7 (1) PROHIBITION ON STREAM DIVERSION OR

8 CLEAR CUTTING ON FEDERAL PROPERTY.—Section 

9 401(b) of the Controlled Substances Act (21 U.S.C. 

10 841(b)), as amended by subsection (a), is amended 

11 by adding at the end the following: 

12 ‘‘(8) DESTRUCTION OF BODIES OF WATER.— 

13 Any person who violates subsection (a) in a manner 

14 that diverts, redirects, obstructs, or drains an aqui15 fer, spring, stream, river, or body of water or clear 

16 cuts timber while cultivating or manufacturing a 

17 controlled substance on Federal property or while in18 tentionally trespassing on the property of another 

19 shall be fined in accordance with title 18, United 

20 States Code.’’. 

21 (2) FEDERAL SENTENCING GUIDELINES EN22 HANCEMENT.—Pursuant to its authority under sec23 tion 994 of title 28, United States Code, the United 

24 States Sentencing Commission shall review and 

25 amend the Federal Sentencing Guidelines and policy 


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1 statements to ensure that the guidelines provide for 

2 a penalty enhancement of not less than 1 offense 

3 level for a violation of section 401(a) of the Con4 trolled Substances Act (21 U.S.C. 841(a)) if the of5 fense involves the diversion, redirection, obstruction, 

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

7 body of water or the clear cut of timber while culti8 vating or manufacturing a controlled substance on 

9 Federal property or while intentionally trespassing 

10 on the property of another. 

11 (d) BOOBY TRAPS ON FEDERAL LAND.—Section 

12 401(d)(1) of the Controlled Substances Act (21 U.S.C. 

13 841(d)(1)) is amended by inserting ‘‘cultivated,’’ after ‘‘is 

14 being’’. 

15 (e) USE OR POSSESSION OF FIREARMS IN CONNEC16 TION WITH DRUG OFFENSES ON FEDERAL LANDS.—Pur17 suant to its authority under section 994 of title 28, United 

18 States Code, the United States Sentencing Commission 

19 shall review and amend the Federal Sentencing Guidelines 

20 and policy statements to ensure that the guidelines provide 

21 for a penalty enhancement of not less than 1 offense level 

22 for a violation of section 401(a) of the Controlled Sub23 stances Act (21 U.S.C. 841(a)) if the offense involves the 

24 possession of a firearm while cultivating or manufacturing 


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1 controlled substances on Federal lands or intentionally 

2 trespassing on the property of another. 

Æ 


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