II 

110TH CONGRESS 

1ST SESSION S. 1930 

To amend the Lacey Act Amendments of 1981 to prevent illegal logging 

practices, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 1, 2007 

Mr. WYDEN (for himself, Mr. ALEXANDER, Mr. KERRY, Ms. SNOWE, Mr. 

FEINGOLD, Mr. BIDEN, Mr. DODD, and Mr. OBAMA) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To amend the Lacey Act Amendments of 1981 to prevent 

illegal logging practices, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Combat Illegal Log5 ging Act of 2007’’. 

6 SEC. 2. PREVENTION OF ILLEGAL LOGGING PRACTICES. 

7 The Lacey Act Amendments of 1981 are amended— 

8 (1) in section 2 (16 U.S.C. 3371)— 


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1 (A) by striking subsection (f) and inserting 

2 the following: 

3 ‘‘(f) PLANT.— 

4 ‘‘(1) IN GENERAL.—The term ‘plant’ means 

5 any wild member of the plant kingdom, including 

6 roots, seeds, parts, and products thereof. 

7 ‘‘(2) EXCLUSIONS.—The term ‘plant’ excludes 

8 any common food crop or cultivar that is a species 

9 not listed— 

10 ‘‘(A) in the Convention on International 

11 Trade in Endangered Species of Wild Fauna 

12 and Flora, done at Washington on March 3, 

13 1973 (27 UST 1087; TIAS 8249); or 

14 ‘‘(B) as an endangered or threatened spe15 cies under the Endangered Species Act of 1973 

16 (16 U.S.C. 1531 et seq.).’’; 

17 (B) in subsection (h), by inserting ‘‘also’’ 

18 after ‘‘plants the term’’; and 

19 (C) by striking subsection (j) and inserting 

20 the following: 

21 ‘‘(j) TAKE.—The term ‘take’ means— 

22 ‘‘(1) to capture, kill, or collect; and 

23 ‘‘(2) with respect to a plant, also to harvest, 

24 cut, log, or remove.’’; 

25 (2) in section 3 (16 U.S.C. 3372)— 


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1 (A) in subsection (a)— 

2 (i) in paragraph (2), by striking sub3 paragraph (B) and inserting the following: 

4 ‘‘(B) any plant— 

5 ‘‘(i) taken, transported, possessed, or 

6 sold in violation of any foreign law or any 

7 law or regulation of any State that pro8 tects plants or that regulates— 

9 ‘‘(I) the theft of plants; 

10 ‘‘(II) the taking of plants from a 

11 park, forest reserve, or other officially 

12 protected area; 

13 ‘‘(III) the taking of plants from 

14 an officially designated area; or 

15 ‘‘(IV) the taking of plants with16 out, or contrary to, required author17 ization; 

18 ‘‘(ii) taken, transported, or exported 

19 without the payment of appropriate royal20 ties, taxes, or stumpage fees required by 

21 any foreign law or by any law or regulation 

22 of any State; or 

23 ‘‘(iii) exported or transshipped in vio24 lation of any limitation under any foreign 


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1 law or by any law or regulation of any 

2 State; or’’; and 

3 (ii) in paragraph (3), by striking sub4 paragraph (B) and inserting the following: 

5 ‘‘(B) to possess any plant— 

6 ‘‘(i) taken, transported, possessed, or 

7 sold in violation of any foreign law or any 

8 law or regulation of any State that pro9 tects plants or that regulates— 

10 ‘‘(I) the theft of plants; 

11 ‘‘(II) the taking of plants from a 

12 park, forest reserve, or other officially 

13 protected area; 

14 ‘‘(III) the taking of plants from 

15 an officially designated area; or 

16 ‘‘(IV) the taking of plants with17 out, or contrary to, required author18 ization; 

19 ‘‘(ii) taken, transported, or exported 

20 without the payment of appropriate royal21 ties, taxes, or stumpage fees required by 

22 any foreign law or by any law or regulation 

23 of any State; or 

24 ‘‘(iii) exported or transshipped in vio25 lation of any limitation under any foreign 


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1 law or by any law or regulation of any 

2 State; or’’; and 

3 (B) by adding at the end the following: 

4 ‘‘(f) PLANT DECLARATIONS.— 

5 ‘‘(1) IN GENERAL.—Effective 180 days from 

6 the date of enactment of this subsection, it shall be 

7 unlawful for any person to import any plant unless 

8 the person files upon importation where clearance is 

9 requested a declaration that contains— 

10 ‘‘(A) the scientific name of any plant (in11 cluding the genus and species of the plant) con12 tained in the importation; 

13 ‘‘(B) a description of— 

14 ‘‘(i) the value of the importation; and 

15 ‘‘(ii) the quantity, including the unit 

16 of measure, of the plant; and 

17 ‘‘(C) the name of the country from which 

18 the plant was taken. 

19 ‘‘(2) DECLARATION RELATING TO PLANT PROD20 UCTS.—Until the date on which the Secretary pro21 mulgates a regulation under paragraph (5), a dec22 laration relating to a plant product shall— 

23 ‘‘(A) in the case in which the species of 

24 plant used to produce the plant product that is 

25 the subject of the importation varies, and the 


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1 species used to produce the plant product is un2 known, contain the name of each species of 

3 plant that may have been used to produce the 

4 plant product; and 

5 ‘‘(B) in the case in which the species of 

6 plant used to produce the plant product that is 

7 the subject of the importation is commonly 

8 taken from more than 1 country, and the coun9 try from which the plant was taken and used to 

10 produce the plant product is unknown, contain 

11 the name of each country from which the plant 

12 may have been taken. 

13 ‘‘(3) REVIEW.—Not later than 2 years after the 

14 date of enactment of this subsection, the Secretary 

15 shall review the implementation of each requirement 

16 described in paragraphs (1) and (2). 

17 ‘‘(4) REPORT.— 

18 ‘‘(A) IN GENERAL.—Not later than 180 

19 days after the date on which the Secretary com20 pletes the review under paragraph (3), the Sec21 retary shall submit to the appropriate commit22 tees of Congress a report containing— 

23 ‘‘(i) an evaluation of— 

24 ‘‘(I) the effectiveness of each type 

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1 graphs (1) and (2) in assisting en2 forcement of section 3; and 

3 ‘‘(II) the potential to harmonize 

4 each requirement described in para5 graphs (1) and (2) with other applica6 ble import regulations in existence as 

7 of the date of the report; 

8 ‘‘(ii) recommendations for such legis9 lation as the Secretary determines to be 

10 appropriate to assist in the identification 

11 of plants that are imported into the United 

12 States in violation of section 3; and 

13 ‘‘(iii) an analysis of the effect of the 

14 provisions of subsection (a) and (f) on— 

15 ‘‘(I) the cost of legal plant im16 ports; and 

17 ‘‘(II) the extent and methodology 

18 of illegal logging practices and traf19 ficking. 

20 ‘‘(B) PUBLIC PARTICIPATION.—In con21 ducting the review under paragraph (3), the 

22 Secretary shall provide public notice and an op23 portunity for comment. 

24 ‘‘(5) PROMULGATION OF REGULATIONS.—Not 

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1 retary completes the review under paragraph (3), the 

2 Secretary may promulgate regulations— 

3 ‘‘(A) to limit the applicability of any re4 quirement described in paragraph (2) to specific 

5 plant products; and 

6 ‘‘(B) to make any other necessary modi7 fication to any requirement described in para8 graph (2), as determined by the Secretary 

9 based on the review under paragraph (3).’’; and 

10 (3) in section 7(a)(1) (16 U.S.C. 3376(a)(1)), 

11 by striking ‘‘section 4’’ and inserting ‘‘section 3(f), 

12 section 4,’’. 

Æ 


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