S.348 - Plant Act

[congressional bills 114th congress]
[from the u.s. government printing office]
[s. 348 introduced in senate (is)]

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.

    be it enacted by the senate and house of representatives of the 
united states of america in congress assembled,

section 1. short title.

    this act may be cited as the ``protecting lands against narcotics 
trafficking act of 2015'' or the ``plant act''.

sec. 2. controlled substances act penalty amendments.

    (a) cultivating or manufacturing controlled substances on federal 
property.--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 inserting ``for not 
more than 10 years, in addition to any other term of imprisonment 
imposed under this subsection''.
    (b) environmental harms and other hazards.--pursuant to its 
authority under section 994 of title 28, united states code, the united 
states sentencing commission shall amend and review 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 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) creates a hazard to humans, wildlife, or domestic 
        animals;
            (2) degrades or harms the environment or natural resources; 
        or
            (3) pollutes an aquifer, spring, stream, river, or body of 
        water.
    (c) stream diversion or clear cutting on federal property or while 
intentionally trespassing 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:
            ``(8) destruction of bodies of water or timber.--
                    ``(a) in general.--any person who violates 
                subsection (a) in a manner that diverts, redirects, 
                obstructs, or drains an aquifer, spring, stream, river, 
                or body of water or clear cuts timber 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 accordance 
                        with this section;
                            ``(ii) the amount authorized in accordance 
                        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 secretary of the 
                        interior, 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 shall use the amounts transferred 
                        under clause (i) to address the environmental 
                        damage caused by any offense described in 
                        subparagraph (a).''.
            (2) federal sentencing guidelines enhancement.--pursuant to 
        its authority under section 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 controlled substances act (21 u.s.c. 841(a)) if 
        the offense involves the diversion, redirection, obstruction, 
        or draining of an aquifer, spring, stream, river, or body of 
        water or the clear cut of timber 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.
            (3) technical and conforming amendment.--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 following:
                            ``(iii) section 401(b)(8) of the controlled 
                        substances act (21 u.s.c. 841(b)(8)); and''.
    (d) booby traps on federal property.--section 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 connection with drug offenses 
on federal property or while intentionally trespassing on the property 
of another.--pursuant to its authority under section 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 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 on federal property or while 
cultivating or manufacturing a controlled substance while intentionally 
trespassing on the property of another.
                                 
Govtrack Data provided by Govtrack.us.