I 
115TH CONGRESS 
2D SESSION 
H. R. 7018 
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 
OCTOBER 2, 2018 
Mr. LAMALFA introduced the following bill; which was referred to the Com-
mittee on Natural Resources, and in addition to the Committees on the 
Judiciary, Energy and Commerce, and Agriculture, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
of such provisions as fall within the jurisdiction of the committee con-
cerned 
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 2018’’ or the 
‘‘PLANT Act of 2018’’. 
SEC. 2. CONTROLLED SUBSTANCES ACT PENALTY AMEND-
MENTS. 
(a) CULTIVATING OR MANUFACTURING CONTROLLED 
SUBSTANCES ON FEDERAL PROPERTY.— 
(1) IN
GENERAL.—Section 401(b)(5) of the 
Controlled Substances Act (21 U.S.C. 841(b)(5)) is 
amended, in the matter preceding subparagraph (A), 
by striking ‘‘as provided in this subsection’’ and in-
serting ‘‘, except as provided in paragraph (8), for 
not more than 10 years, in addition to any other 
term of imprisonment imposed under this sub-
section’’. 
(2) PENALTY ENHANCEMENT FOR CULTIVATING 
MARIHUANA
ON
FEDERAL
PROPERTY.—Section 
401(b) of the Controlled Substances Act (21 U.S.C. 
841(b)) is amended by adding at the end the fol-
lowing: 
‘‘(8) CULTIVATING
MARIHUANA
ON
FEDERAL 
PROPERTY.—Any person who violates subsection (a) 
by cultivating marihuana on Federal property shall, 
in addition to any other term of imprisonment im-
posed under this subsection, be imprisoned— 
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‘‘(A) in the case of 1 or more marihuana 
plants, not less than 2 years and not more than 
5 years; 
‘‘(B) in the case of 50 or more marihuana 
plants, not less than 5 years and not more than 
10 years; 
‘‘(C) in the case of 100 or more marihuana 
plants, not less than 10 years and not more 
than 40 years; or 
‘‘(D) in the case of 1000 or more mari-
huana plants, not less than 20 years and not 
more than life imprisonment.’’. 
(b) 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 1 offense level 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, wild-
life, the environment, or domestic animals; 
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(2) degrades or harms the environment or nat-
ural resources; 
(3) pollutes or contaminates an aquifer, spring, 
stream, river, body of water, soil, or native vegeta-
tion; or 
(4) constitutes a violation of the Federal Water 
Pollution Control Act (33 U.S.C. 1251 et seq.) or 
the Solid Waste Disposal Act (42 U.S.C. 6901 et 
seq.). 
(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 
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: 
‘‘(9) 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 
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cuts or removes timber or vegetation while cul-
tivating or manufacturing a controlled sub-
stance on Federal property or while cultivating 
or manufacturing a controlled substance while 
intentionally trespassing on the property of an-
other 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 
‘‘(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 
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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 
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 
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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’’. 
(e) USE OR POSSESSION OF FIREARMS IN CONNEC-
TION WITH DRUG OFFENSES ON FEDERAL PROPERTY OR 
WHILE INTENTIONALLY TRESPASSING
ON
THE PROP-
ERTY OF ANOTHER.—Pursuant to its authority under sec-
tion 994 of title 28, United States Code, the United States 
Sentencing Commission shall review and amend the Fed-
eral Sentencing Guidelines and policy statements to en-
sure that the guidelines provide for a penalty enhancement 
of not less than 1 offense level for a violation of section 
401(a) of the Controlled Substances Act (21 U.S.C. 
841(a)) if the offense involves the possession of a firearm 
while cultivating or manufacturing a controlled substance 
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on Federal property or while cultivating or manufacturing 
a controlled substance while intentionally trespassing on 
the property of another. 
SEC. 3. CALIFORNIA PUBLIC LANDS ERADICATION, REME-
DIATION, AND ENFORCEMENT PARTNERSHIP. 
(a) DEFINITIONS.—In this section: 
(1) ERADICATION.—The term ‘‘eradication’’ 
means the removal and destruction of illegally cul-
tivated substances on Federal land. 
(2) ENFORCEMENT.—The term ‘‘enforcement’’ 
means an action undertaken by law enforcement to 
prevent the cultivation of illegal substances on Fed-
eral land. 
(3) PARTNERSHIP.—The term ‘‘partnership’’ 
means the California Public Lands Eradication and 
Remediation Partnership, established by subsection 
(b). 
(4) PRIORITY
LANDS.—The term ‘‘priority 
lands’’ means Federal land that is determined by the 
partnership to be a high priority for either eradi-
cation, remediation, enforcement, or a combination 
thereof. 
(5) REMEDIATION.—The term ‘‘remediation’’— 
(A) means to facilitate the recovery of 
lands and waters that have been degraded, 
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damaged, or destroyed by illegal marijuana cul-
tivation or another illegal activity; and 
(B) includes— 
(i) removal of trash, debris, and other 
deleterious material and the materials and 
surfaces contaminated by such trash, de-
bris, and deleterious material; and 
(ii) 
establishing 
the 
composition, 
structure, pattern, and ecological processes 
necessary to facilitate terrestrial and 
aquatic ecosystem sustainability, resilience, 
and health under current and future condi-
tions. 
(b) ESTABLISHMENT.—There is hereby established a 
California Public Lands Eradication and Remediation 
Partnership. 
(c) PURPOSES.—The purposes of the partnership are 
to— 
(1) coordinate the activities of Federal, State, 
Tribal, and local authorities, and the private sector, 
in the eradication and remediation of priority lands 
in the State affected by illegal marijuana cultivation 
or associated illegal activities; and 
(2) use the resources and expertise of each 
agency, authority, or entity in implementing eradi-
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cation and remediation activities on priority lands in 
the States, including sharing best practices on eradi-
cation and remediation of illegal substances on Fed-
eral lands. 
(d) MEMBERSHIP.—The members of the partnership 
shall include the following: 
(1) The Secretary of Agriculture, or a designee 
of the Secretary of Agriculture to represent the For-
est Service. 
(2) The Secretary of the Interior, or a designee 
of the Secretary of the Interior, to represent the 
United States Fish and Wildlife Service, Bureau of 
Land Management, the Bureau of Indian Affairs, 
and National Park Service. 
(3) The Director of the Office of National Drug 
Control Policy, or a designee of the Director. 
(4) The Secretary of the State Natural Re-
sources Agency, or a designee of the Secretary, to 
represent the California Department of Fish and 
Wildlife. 
(5) The Secretary of Homeland Security, or a 
designee of the Secretary of Homeland Security. 
(6) The Administrator of the Drug Enforce-
ment Administration, or a designee of the Adminis-
trator of the Drug Enforcement Administration. 
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(7) A designee of the California State Water 
Resources Control Board. 
(8) A designee of the California State Sheriffs’ 
Association. 
(9) A designee of the National Guard. 
(10) One member to represent Native American 
Tribes, to be appointed by the Secretary of Agri-
culture. 
(11) One member to represent nongovernmental 
organizations with an interest in Federal land eradi-
cation and remediation, to be appointed by the Sec-
retary of Agriculture. 
(12) One member to represent local govern-
mental interests, to be appointed by the Secretary of 
Agriculture. 
(e) DUTIES.—To further the purposes of this section, 
the partnership shall— 
(1) identify priorities for eradication and reme-
diation on Federal lands in the State; 
(2) secure resources from Federal and non-Fed-
eral sources to apply to eradication and remediation 
of Federal lands in the State; 
(3) carry out eradication and remediation on 
Federal lands in the State; 
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(4) support efforts by Federal, State, Tribal, 
and local agencies, and nongovernmental organiza-
tions in carrying out eradication and remediation of 
priority lands in the State; 
(5) support research and education on the im-
pacts of, and solutions to, illegal marijuana cultiva-
tion and other illegal activities on priority lands in 
the State; 
(6) document all actions taken by or known to 
the partnership to eradicate or remediate illegal sub-
stances on public lands, including the tracking of fa-
cilities used to test levels of tetrahydrocannabinol 
(THC) or cannabidiol (CBD) in cannabis or can-
nabis products; 
(7) not later than 5 years after funds are first 
made available for this Act, submit a report to Con-
gress on the actions and results of the partnership, 
including recommendations and changes for future 
action to prevent the spread of trespass grows on 
Federal lands; 
(8) involve other Federal, State, Tribal, and 
local agencies, nongovernmental organizations, and 
the public in eradication and remediation efforts, to 
the extent practicable; 
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(9) coordinate activities among the State, polit-
ical subdivisions of the State, and Federal agencies, 
contracting to use commercially available aerial im-
agery, remote sensing, and geospatial data acquisi-
tion services using manned aircraft operations, un-
manned aircraft systems, satellites, and other tech-
nologies to observe, monitor, and identify illegal 
marijuana cultivation and other illegal activities in 
support of eradication and remediation efforts au-
thorized by this Act, in a manner consistent with 
California v. Ciraolo (476 U.S. 207) and Dow 
Chemical Co. v. United States (476 U.S. 227); and 
(10) take any other actions necessary to ad-
dress eradication and remediation of Federal lands 
in the State. 
(f) AUTHORITIES.—To implement this section, the 
partnership may, subject to the prior approval of the Sec-
retary of Agriculture— 
(1) make grants to the State, political subdivi-
sions of the State, nonprofit organizations, and 
other persons; 
(2) enter into cooperative agreements with, or 
provide grants or technical assistance to, the State, 
political subdivisions of the State, nonprofit organi-
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zations, Federal agencies, and other interested par-
ties; 
(3) hire and compensate staff to perform inher-
ently governmental functions; 
(4) obtain funds or services from any source, 
including Federal and non-Federal funds, and funds 
and services provided under any other Federal law 
or program; 
(5) contract for commercially available goods or 
services; and 
(6) support activities of partners and any other 
activities that further the purposes of this section. 
(g) PROCEDURES.—The partnership shall establish 
such rules and procedures as it deems necessary or desir-
able. 
(h) SERVICE WITHOUT COMPENSATION.—Members 
of the partnership shall serve without pay. 
(i) DUTIES AND AUTHORITIES OF THE SECRETARY 
OF AGRICULTURE.— 
(1) IN GENERAL.—The Secretary of Agriculture 
shall convene the partnership on a regular basis to 
carry out this section. 
(2) TECHNICAL AND FINANCIAL ASSISTANCE.— 
The Secretary of Agriculture and Secretary of the 
Interior may provide technical and financial assist-
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ance, on a reimbursable or nonreimbursable basis, as 
determined by the appropriate Secretary, to the 
partnership or any members of the partnership to 
carry out this section. 
(3) COOPERATIVE
AGREEMENTS.—The Sec-
retary of Agriculture and Secretary of the Interior 
may enter into cooperative agreements with the 
partnership, any members of the partnership, or 
other public or private entities to provide technical, 
financial, or other assistance to carry out this sec-
tion. 
(j) CALIFORNIA PUBLIC LANDS MARIJUANA ERADI-
CATION, REMEDIATION, AND ENFORCEMENT FUND.— 
(1) IN GENERAL.—There is established in the 
Treasury of the United States a fund, to be known 
as the ‘‘California Public Lands Marijuana Eradi-
cation, Remediation, and Enforcement Fund’’ (re-
ferred to in this section as the ‘‘Fund’’). 
(2) DEPOSITS.—For each of fiscal years 2019 
through 2024, there shall be deposited in the Fund 
an amount proportional of all energy development 
revenues due and payable to the United States from 
oil, gas, coal, or alternative or renewable energy de-
velopment on Federal land and water that are not 
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otherwise credited, covered, or deposited under Fed-
eral law. 
(3) EFFECT ON OTHER REVENUES.—Nothing 
in this subsection affects the disposition of revenues 
that— 
(A) are due to the United States, special 
funds, trust funds, or States from mineral and 
energy development on Federal land and water; 
or 
(B) have been otherwise appropriated 
under Federal law, including the Gulf of Mexico 
Energy Security Act of 2006 (43 U.S.C. 1331 
note; Public Law 109–432), the Mineral Leas-
ing Act (30 U.S.C. 181 et seq.), and chapter 
2003 of title 54, United States Code. 
(4) PROHIBITED USE OF FUNDS.—No amounts 
in the Fund shall be used for land acquisition. 
(k) PUBLIC DONATIONS.— 
(1) IN GENERAL.—The Secretary of the Inte-
rior, the Director of the National Park Service, the 
Director of the United States Fish and Wildlife 
Service, the Director of the Bureau of Land Man-
agement, and the Assistant Secretary of Indian Af-
fairs may accept public cash or in-kind donations 
that advance efforts to— 
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(A) advance the goals and efforts of the 
California Public Lands Eradication, Remedi-
ation, and Enforcement Partnership; and 
(B) encourage relevant public-private part-
nerships. 
(2) CREDITS TO FUND.—Any cash donations 
accepted under paragraph (1) shall be credited to, 
and form a part of, the Fund. 
(l) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$25,000,000 for each of fiscal years 2019 through 2024. 
Æ 
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