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Union Calendar No. 573 

110TH CONGRESS 

2D SESSION H. R. 1497 

[Report No. 110–882] 

To amend the Lacey Act Amendments of 1981 to extend its protections 

to plants illegally harvested outside of the United States, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 13, 2007 

Mr. BLUMENAUER (for himself, Mr. WEXLER, and Mr. WELLER of Illinois) 

introduced the following bill; which was referred to the Committee on 

Natural Resources 

SEPTEMBER 24, 2008 

Additional sponsors: Mr. DEFAZIO, Mr. WAXMAN, Mr. HASTINGS of Florida, 

Mr. GRIJALVA, Ms. SOLIS, Mr. HINCHEY, Mrs. MALONEY of New York, 

Mr. MCDERMOTT, Mr. LANTOS, Mr. MORAN of Virginia, Mr. WYNN, Mr. 

CUMMINGS, Mr. GEORGE MILLER of California, Ms. WATSON, Ms. 

MCCOLLUM of Minnesota, Mr. HONDA, Mr. OBEY, Ms. SUTTON, Ms. 

SCHAKOWSKY, Mr. KIND, Mr. INSLEE, Mr. FARR, Mr. BERMAN, Mr. 

KUCINICH, Mr. PAYNE, Mrs. CAPPS, Mr. BAIRD, Mr. BACA, Mr. HARE, 

Mr. HOLDEN, Mr. KILDEE, Mr. SHULER, Mr. ROSS, Mr. EHLERS, Mr. 

GILCHREST, Ms. NORTON, Mr. VAN HOLLEN, Ms. MATSUI, Mr. BARRETT of South Carolina, Mr. GERLACH, Mr. HOLT, Ms. HOOLEY, Mr. 

UDALL of Colorado, Ms. BORDALLO, Mr. WALDEN of Oregon, Mr. NADLER, Mr. DOGGETT, Mr. WU, Ms. ESHOO, Mr. FILNER, Mr. TOWNS, Mr. 

RENZI, Mr. SERRANO, Mr. GOODE, Mr. ROTHMAN, Mr. SIRES, Mr. STUPAK, Mr. MARKEY, Mr. GUTIERREZ, Mr. FRANK of Massachusetts, Mr. 

ROGERS of Kentucky, Mr. INGLIS of South Carolina, Mr. SESTAK, Mr. 

KAGEN, and Mr. ELLISON

SEPTEMBER 24, 2008 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 


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[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 13, 2007] 

A BILL 

To amend the Lacey Act Amendments of 1981 to extend 

its protections to plants illegally harvested outside of 

the United States, 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 ‘‘Legal Timber Protection 

5 Act’’. 

6 SEC. 2. PREVENTION OF ILLEGAL LOGGING PRACTICES. 

7 (a) IN GENERAL.—The Lacey Act Amendments of 

8 1981 are amended— 

9 (1) in section 2 (16 U.S.C. 3371)— 

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

11 the following: 

12 ‘‘(f) PLANT.— 

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

14 wild member of the plant kingdom, including roots, 

15 seeds, parts, and products thereof. 

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

17 any common food crop or cultivar that is a species 

18 not listed— 


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1 ‘‘(A) in the Convention on International 

2 Trade in Endangered Species of Wild Fauna 

3 and Flora (27 UST 1087; TIAS 8249); or 

4 ‘‘(B) as an endangered or threatened species 

5 under the Endangered Species Act of 1973 (16 

6 U.S.C. 1531 et seq.).’’; 

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

8 after ‘‘plants the term’’; and 

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

10 the following: 

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

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

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

14 log, or remove.’’; 

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

16 (A) in subsection (a)— 

17 (i) in paragraph (2), by striking sub18 paragraph (B) and inserting the following: 

19 ‘‘(B) any plant— 

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

21 sold in violation of any law or regulation 

22 of any State, or any foreign law, that pro23 tects plants or that regulates— 

24 ‘‘(I) the theft of plants; 


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1 ‘‘(II) the taking of plants from a 

2 park, forest reserve, or other officially 

3 protected area; 

4 ‘‘(III) the taking of plants from 

5 an officially designated area; or 

6 ‘‘(IV) the taking of plants with7 out, or contrary to, required authoriza8 tion; 

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

10 without the payment of appropriate royal11 ties, taxes, or stumpage fees required for 

12 such plant by any law or regulation of any 

13 State or by any foreign law; or 

14 ‘‘(iii) exported or transshipped in vio15 lation of any limitation under any law or 

16 regulation of any State or under any for17 eign law; or’’; and 

18 (ii) in paragraph (3), by striking sub19 paragraph (B) and inserting the following: 

20 ‘‘(B) to possess any plant— 

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

22 sold in violation of any law or regulation 

23 of any State, or any foreign law, that pro24 tects plants or that regulates— 

25 ‘‘(I) the theft of plants; 


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1 ‘‘(II) the taking of plants from a 

2 park, forest reserve, or other officially 

3 protected area; 

4 ‘‘(III) the taking of plants from 

5 an officially designated area; or 

6 ‘‘(IV) the taking of plants with7 out, or contrary to, required authoriza8 tion; 

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

10 without the payment of appropriate royal11 ties, taxes, or stumpage fees required for 

12 such plant by any law or regulation of any 

13 State or by any foreign law; or 

14 ‘‘(iii) exported or transshipped in vio15 lation of any limitation under any law or 

16 regulation of any State or under any for17 eign law; or’’; and 

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

19 ‘‘(f) PLANT DECLARATIONS.— 

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

21 date of enactment of this subsection and except as 

22 provided in paragraph (3), it shall be unlawful for 

23 any person to import any plant unless the person 

24 files upon importation where clearance is requested a 

25 declaration that contains— 


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1 ‘‘(A) the scientific name of any plant (in2 cluding the genus and species of the plant) con3 tained in the importation; 

4 ‘‘(B) a description of— 

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

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

7 of measure, of the plant; and 

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

9 the plant was taken. 

10 ‘‘(2) DECLARATION RELATING TO PLANT PROD11 UCTS.—Until the date on which the Secretary pro12 mulgates a regulation under paragraph (6), a dec13 laration relating to a plant product shall— 

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

15 plant used to produce the plant product that is 

16 the subject of the importation varies, and the 

17 species used to produce the plant product is un18 known, contain the name of each species of plant 

19 that may have been used to produce the plant 

20 product; and 

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

22 plant used to produce the plant product that is 

23 the subject of the importation is commonly taken 

24 from more than 1 country, and the country from 

25 which the plant was taken and used to produce 


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1 the plant product is unknown, contain the name 

2 of each country from which the plant may have 

3 been taken. 

4 ‘‘(3) EXCLUSIONS.—Paragraphs (1) and (2) 

5 shall not apply to plants used exclusively as pack6 aging material to support, protect, or carry another 

7 item, unless the packaging material itself is the item 

8 being imported. 

9 ‘‘(4) REVIEW.—Not later than 2 years after the 

10 date of enactment of this subsection, the Secretary 

11 shall review the implementation of each requirement 

12 described in paragraphs (1) and (2) and the effect of 

13 the exclusions in paragraph (3). 

14 ‘‘(5) REPORT.— 

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

16 days after the date on which the Secretary com17 pletes the review under paragraph (4), the Sec18 retary shall submit to the appropriate commit19 tees of Congress a report containing— 

20 ‘‘(i) an evaluation of— 

21 ‘‘(I) the effectiveness of each type 

22 of information required under para23 graphs (1) and (2) in assisting enforce24 ment of section 3; and 


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1 ‘‘(II) the potential to harmonize 

2 each requirement described in para3 graphs (1) and (2) with other applica4 ble import regulations in existence as 

5 of the date of the report; 

6 ‘‘(ii) recommendations for such legisla7 tion as the Secretary determines to be ap8 propriate to assist in the identification of 

9 plants that are imported into the United 

10 States in violation of section 3; and 

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

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

13 ‘‘(I) the cost of legal plant im14 ports; and 

15 ‘‘(II) the extent and methodology 

16 of illegal logging practices and traf17 ficking. 

18 ‘‘(B) PUBLIC PARTICIPATION.—In con19 ducting the review under paragraph (3), the Sec20 retary shall provide public notice and an oppor21 tunity for comment. 

22 ‘‘(6) PROMULGATION OF REGULATIONS.—Not 

23 later than 180 days after the date on which the Sec24 retary completes the review under paragraph (4), the 

25 Secretary may promulgate regulations— 


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1 ‘‘(A) to limit the applicability of any re2 quirement described in paragraph (2) to specific 

3 plant products; 

4 ‘‘(B) to make any other necessary modifica5 tion to any requirement described in paragraph 

6 (2), as determined by the Secretary based on the 

7 review under paragraph (4); and 

8 ‘‘(C) to limit the scope of exclusion in para9 graph (3) if warranted as a result of the review 

10 under paragraph (4).’’; 

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

12 striking ‘‘section 4’’ and inserting ‘‘section 3(f), sec13 tion 4,’’; 

14 (4) in section 4 (16 U.S.C. 3373)— 

15 (A) by striking ‘‘subsections (b) and (d)’’ 

16 each place it appears and inserting ‘‘subsections 

17 (b), (d), and (f)’’; 

18 (B) by inserting ‘‘or section 3(f)’’ after ‘‘sec19 tion 3(d)’’ each place it appears; and 

20 (C) in subsection (a)(2), by inserting ‘‘or 

21 who violates subsection 3(f) other than as pro22 vided in paragraph (1)’’ after ‘‘subsection 3(b)’’; 

23 and 

24 (5) by adding at the end of section 5 (16 U.S.C. 

25 3374) the following: 


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1 ‘‘(d) CIVIL FORFEITURES.—Civil forfeitures under this 

2 section shall be governed by the provisions of chapter 46 

3 of title 18, United States Code.’’. 

4 (b) TECHNICAL CORRECTION.— 

5 (1) CORRECTION.—Section 102(c) of Public Law 

6 100–653 is amended— 

7 (A) by inserting ‘‘of the Lacey Act Amend8 ments of 1981’’ after ‘‘Section 4’’; and 

9 (B) by striking ‘‘(other than section 3(b))’’ 

10 and inserting ‘‘(other than subsection 3(b))’’. 

11 (2) EFFECTIVE DATE.—Paragraph (1) shall be 

12 effective immediately upon the effectiveness of section 

13 102(c) of Public Law 100–653. 


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Union Calendar No. 573 

110TH CONGRESS 

2D SESSION H. R. 1497 

[Report No. 110–882] 

A BILL 

To amend the Lacey Act Amendments of 1981 to 

poses. outside of the United States, and for other purextend its protections to plants illegally harvested 

SEPTEMBER 24, 2008 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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