I 

113TH CONGRESS 

1ST SESSION H. R. 2735 

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 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 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. FINDINGS. 

2 Congress finds the following: 

3 (1) In 2012, well over 900,000 marijuana 

4 plants were eradicated from 471 sites on National 

5 Forest lands in 20 States from Hawaii to Virginia. 

6 This represents just part of total eradication efforts 

7 on public lands. 

8 (2) Across Federal land management agency 

9 holdings including U.S. Fish and Wildlife, the U.S. 

10 National Park Service, the U.S. Bureau of Land 

11 Management, and the U.S. Forest Service, mari12 juana grows have commonly been found in excess of 

13 1,000 plants per cultivation site and some have in14 cluded more than 200,000 plants. 

15 (3) As a result of these grow sites, public and 

16 private lands are being destroyed by chemical con17 tamination and alteration of watersheds; diversion of 

18 natural water courses; elimination of native vegeta19 tion; wildfire hazards; poaching of wildlife; and 

20 harmful disposal of garbage, non-biodegradable ma21 terial litter, and human waste. In many cases the 

22 damage is being done to watersheds where millions 

23 of dollars in Federal and State funds have been 

24 spent to improve conditions for threatened fish and 

25 wildlife species. 


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1 (4) Research has found that listed and can2 didate species under the Endangered Species Act 

3 like the Pacific fisher and Northern Spotted Owl 

4 have been killed by poisons and hazardous sub5 stances at marijuana cultivation sites, increasing 

6 pressure on legal land users to undertake conserva7 tion measures. 

8 (5) State and Federal fish and wildlife officials 

9 have found that environmentally destructive prac10 tices resulting from illegal marijuana cultivation, in11 cluding the removal of timber and vegetation, can 

12 lead to excess river and stream sedimentation in 

13 areas needed by salmon and other protected fish 

14 populations. 

15 (6) Timber companies, farmers, and ranchers in 

16 northwest California report that illegal marijuana 

17 cultivation on private lands has caused significant 

18 damage to livestock, agriculture, and natural re19 sources. 

20 (7) A single 2011 operation titled Operation 

21 Full Court Press in Mendocino National Forest 

22 (CA) located 56 cultivation sites and interdicted 32 

23 firearms, 1,510 pounds of processed marijuana, 

24 more than 468,950 plants and resulted in 102 ar25 rests. The operation also removed 23 tons of trash, 


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1 over a ton of fertilizer, 57 pounds of poison, 22 

2 miles of irrigation piping, 13 man-made dams, and 

3 120 propane tanks. 

4 (8) Basic reclamation of marijuana cultivation 

5 sites can cost well over $15,000 per site. Citizen vol6 unteer groups, concerned with the extent of environ7 mental damage to local forests, have relationships 

8 with law enforcement to reclaim and clean up cul9 tivation sites. 

10 SEC. 3. DIRECTION TO UNITED STATES SENTENCING COM11 MISSION. 

12 (a) IN GENERAL.—Pursuant to its authority under 

13 section 994 of title 28, United States Code, and in accord14 ance with this section, the United States Sentencing Com15 mission shall review and amend the Federal sentencing 

16 guidelines and policy statements to ensure that the guide17 lines provide for additional penalties otherwise applicable 

18 to persons convicted of offenses under section 401(a) of 

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

20 on Federal property or intentionally trespassing on the 

21 property of another if the offense involves any of the fol22 lowing: 

23 (1) The use of a poison, chemical, or hazardous 

24 substance for the unlawful production of a controlled 

25 substance that— 


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1 (A) creates a serious hazard to humans, 

2 wildlife, or domestic animals; 

3 (B) degrades or harms the environment or 

4 natural resources; or 

5 (C) pollutes an aquifer, spring, stream, 

6 river, or body of water. 

7 (2) The diversion, redirection, obstruction, 

8 draining, or impoundment of an aquifer, spring, 

9 river, or body of water for the unlawful production 

10 of a controlled substance. 

11 (3) The substantial removal of vegetation or 

12 clear cutting of timber for the unlawful production 

13 of a controlled substance. 

14 (b) REQUIREMENTS.—In carrying out this section, 

15 the United States Sentencing Commission shall— 

16 (1) assure reasonable consistency with other 

17 relevant directives and with other sentencing guide18 lines; and 

19 (2) assure that the guidelines adequately meet 

20 the purposes and kind of sentencing available under 

21 sections 3553(a)(2) and 3553(a)(3) of title 18, 

22 United States Code. 


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1 SEC. 4. RULE OF CONSTRUCTION. 

2 Nothing in the Act shall be construed to apply with 

3 respect to the legal use of authorized pesticides, herbi4 cides, fertilizers, chemicals, or hazardous substances. 

Æ 


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