I 
116TH CONGRESS 
2D SESSION 
H. R. 7540 
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 dam-
age, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 9, 2020 
Mr. LAMALFA (for himself, Mr. HUFFMAN, Mr. LAMBORN, Mr. ROGERS of 
Kentucky, Mr. CARBAJAL, and Mr. COX of California) introduced the fol-
lowing bill; which was referred to the Committee on the Judiciary, and 
in addition to the Committees on Energy and Commerce, Natural Re-
sources, and Agriculture, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To impose enhanced penalties for conduct relating to unlaw-
ful production of a controlled substance on Federal prop-
erty or while intentionally trespassing on the property 
of another that causes environmental damage, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting Lands 
Against Narcotics Trafficking Act of 2020’’ or the 
‘‘PLANT Act of 2020’’. 
SEC. 2. CONTROLLED SUBSTANCES ACT PENALTY AMEND-
MENTS. 
(a) ENVIRONMENTAL HARMS
AND OTHER HAZ-
ARDS.—Pursuant to its authority under section 994 of 
title 28, United States Code, the United States Sentencing 
Commission shall amend and review the Federal Sen-
tencing Guidelines and policy statements to ensure that 
the guidelines provide for a penalty enhancement of not 
less than 3 offense levels for a violation of section 401(a) 
of the Controlled Substances Act (21 U.S.C. 841(a)) while 
on Federal property or while intentionally trespassing on 
the property of another if the offense— 
(1) poses or creates a hazard to humans, live-
stock, fish, wildlife, the environment, or domestic 
animals; 
(2) degrades or harms the environment or nat-
ural resources; 
(3) diverts, redirects, obstructs, or drains an 
aquifer, spring, stream, river, or body of water or 
clear cuts, removes, or substantially alters timber or 
vegetation; 
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(4) pollutes or contaminates an aquifer, spring, 
stream, river, body of water, soil, or native vegeta-
tion; or 
(5) constitutes a violation of the Federal Water 
Pollution Control Act (33 U.S.C. 1251 et seq.), the 
Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), 
the Federal Insecticide, Fungicide, and Rodenticide 
Act (7 U.S.C. 136 et seq.), or the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1531 et seq.). 
(b) AGGRAVATING ROLE.—Pursuant to its authority 
under section 994 of title 28, United States Code, the 
United States Sentencing Commission shall amend and re-
view the Federal Sentencing Guidelines and policy state-
ments to ensure that the guidelines provide for a penalty 
enhancement of not less than 3 offense levels for a viola-
tion of section 401(a) of the Controlled Substances Act 
(21 U.S.C. 841(a)) while on Federal property or while in-
tentionally trespassing on the property of another if the 
offender also received an adjustment under §3B1.1 (Ag-
gravating Role). 
(c) STREAM DIVERSION
OR CLEAR CUTTING
ON 
FEDERAL PROPERTY OR WHILE INTENTIONALLY TRES-
PASSING ON THE PROPERTY OF ANOTHER.— 
(1) PROHIBITION
ON
STREAM
DIVERSION
OR 
CLEAR CUTTING ON FEDERAL PROPERTY OR WHILE 
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INTENTIONALLY
TRESPASSING
ON
THE
PROPERTY 
OF
ANOTHER.—Section 401(b) of the Controlled 
Substances Act (21 U.S.C. 841(b)), as amended by 
subsection (a), is amended by adding at the end the 
following: 
‘‘(8) DESTRUCTION OF BODIES OF WATER OR 
TIMBER.— 
‘‘(A) IN GENERAL.—Any person who vio-
lates subsection (a) in a manner that diverts, 
redirects, obstructs, or drains an aquifer, 
spring, stream, river, or body of water or clear 
cuts or removes or substantially alters timber or 
vegetation while cultivating or manufacturing a 
controlled substance on Federal property or 
while cultivating or manufacturing a controlled 
substance while intentionally trespassing on the 
property of another shall be fined an amount 
not to exceed— 
‘‘(i) the amount authorized in accord-
ance with this section; 
‘‘(ii) the amount authorized in accord-
ance with the provisions of title 18, United 
States Code; 
‘‘(iii) $500,000 if the defendant is an 
individual; or 
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‘‘(iv) $1,000,000 if the defendant is 
other than an individual. 
‘‘(B) USE OF AMOUNTS FROM FINES.— 
‘‘(i) IN GENERAL.—The Secretary of 
the Treasury shall transfer to the Sec-
retary of the Interior and the Secretary of 
Agriculture, for use in accordance with 
clause (ii), the amounts received as fines 
for a violation described in subparagraph 
(A). 
‘‘(ii) FUNDS.—The Secretary of the 
Interior and the Secretary of Agriculture 
shall use the amounts transferred under 
clause (i) to address the environmental 
damage caused by any offense described in 
subparagraph (A), including by providing 
such funds to nonprofit organizations that 
address such damage.’’. 
(2) FEDERAL
SENTENCING
GUIDELINES
EN-
HANCEMENT.—Pursuant to its authority under sec-
tion 994 of title 28, United States Code, the United 
States Sentencing Commission shall review and 
amend the Federal Sentencing Guidelines and policy 
statements to ensure that the guidelines provide for 
a penalty enhancement of not less than 1 offense 
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level for a violation of section 401(a) of the Con-
trolled Substances Act (21 U.S.C. 841(a)) if the of-
fense involves the diversion, redirection, obstruction, 
or draining of an aquifer, spring, stream, river, or 
body of water or the clear cut or removal of timber 
or vegetation while cultivating or manufacturing a 
controlled substance on Federal property or while 
cultivating or manufacturing a controlled substance 
while intentionally trespassing on the property of an-
other. 
(3) TECHNICAL
AND
CONFORMING
AMEND-
MENT.—Section 1402(b)(1)(A) of the Victims of 
Crime Act of 1984 (42 U.S.C. 10601(b)(1)(A)) is 
amended— 
(A) in clause (i), by striking ‘‘and’’ at the 
end; and 
(B) by inserting after clause (ii) the fol-
lowing: 
‘‘(iii) section 401(b)(8) of the Con-
trolled 
Substances 
Act 
(21 
U.S.C. 
841(b)(8)); and’’. 
(d) BOOBY TRAPS ON FEDERAL PROPERTY.—Sec-
tion 401(d)(1) of the Controlled Substances Act (21 
U.S.C. 841(d)(1)) is amended by inserting ‘‘cultivated,’’ 
after ‘‘is being’’. 
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