II 

114TH CONGRESS 

1ST SESSION S. 348 

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. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 3, 2015 

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

which was read twice and referred to the Committee on the Judiciary 

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. 

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 2015’’ 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) ENVIRONMENTAL HARMS AND OTHER HAZ12 ARDS.—Pursuant to its authority under section 994 of 

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

14 Commission shall amend and review the Federal Sen15 tencing Guidelines and policy statements to ensure that 

16 the guidelines provide for a penalty enhancement of not 

17 less than 1 offense level for a violation of section 401(a) 

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

19 on Federal property or while intentionally trespassing on 

20 the property of another if the offense— 

21 (1) creates a hazard to humans, wildlife, or do22 mestic animals; 

23 (2) degrades or harms the environment or nat24 ural resources; or 

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

26 body of water. 


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1 (c) STREAM DIVERSION OR CLEAR CUTTING ON

2 FEDERAL PROPERTY OR WHILE INTENTIONALLY TRES3 PASSING ON THE PROPERTY OF ANOTHER.— 

4 (1) PROHIBITION ON STREAM DIVERSION OR

5 CLEAR CUTTING ON FEDERAL PROPERTY OR WHILE

6 INTENTIONALLY TRESPASSING ON THE PROPERTY

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

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

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

10 following: 

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

12 TIMBER.— 

13 ‘‘(A) IN GENERAL.—Any person who vio14 lates subsection (a) in a manner that diverts, 

15 redirects, obstructs, or drains an aquifer, 

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

17 cuts timber while cultivating or manufacturing 

18 a controlled substance on Federal property or 

19 while cultivating or manufacturing a controlled 

20 substance while intentionally trespassing on the 

21 property of another shall be fined an amount 

22 not to exceed— 

23 ‘‘(i) the amount authorized in accord24 ance with this section; 


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1 ‘‘(ii) the amount authorized in accord2 ance with the provisions of title 18, United 

3 States Code; 

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

5 individual; or 

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

7 other than an individual. 

8 ‘‘(B) USE OF AMOUNTS FROM FINES.— 

9 ‘‘(i) IN GENERAL.—The Secretary of 

10 the Treasury shall transfer to the Sec11 retary of the Interior, for use in accord12 ance with clause (ii), the amounts received 

13 as fines for a violation described in sub14 paragraph (A). 

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

16 Interior shall use the amounts transferred 

17 under clause (i) to address the environ18 mental damage caused by any offense de19 scribed in subparagraph (A).’’. 

20 (2) FEDERAL SENTENCING GUIDELINES EN21 HANCEMENT.—Pursuant to its authority under sec22 tion 994 of title 28, United States Code, the United 

23 States Sentencing Commission shall review and 

24 amend the Federal Sentencing Guidelines and policy 

25 statements to ensure that the guidelines provide for 


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1 a penalty enhancement of not less than 1 offense 

2 level for a violation of section 401(a) of the Con3 trolled Substances Act (21 U.S.C. 841(a)) if the of4 fense involves the diversion, redirection, obstruction, 

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

6 body of water or the clear cut of timber while culti7 vating or manufacturing a controlled substance on 

8 Federal property or while cultivating or manufac9 turing a controlled substance while intentionally 

10 trespassing on the property of another. 

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 1 offense level 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. 

Æ 


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