HR 1497 IH

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.CommentsClose CommentsPermalink

March 13, 2007CommentsClose CommentsPermalink

Mr. BLUMENAUER (for himself, Mr. WEXLER, and Mr. WELLER of Illinois) introduced the following bill; which was referred to the Committee on Natural ResourcesCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `‘Legal Timber Protection Act'’. CommentsClose CommentsPermalink

SEC. 2. EXTENSION OF PROTECTIONS OF LACEY ACT AMENDMENTSPREVENTION OF 1981 TO PLANTS ILLEGALLY HARVESTED OUTSIDE THE UNITED STATES.(a) Amendments to Definitions-(1) PLANT- Section 2(f) of tILLEGAL LOGGING PRACTICES.

(a) In General- The Lacey Act Amendments of 1981 are amended-- CommentsClose CommentsPermalink





(1) in section 2 (16 U.S.C. 3371(f)) is amended to read as follows:`(f))-- CommentsClose CommentsPermalink





(A) by striking subsection (f) and inserting the following: CommentsClose CommentsPermalink





‘(f) Plant- CommentsClose CommentsPermalink





‘(1) IN GENERAL- The term `plant'‘plant’ means any wild member of the plant kingdom, including roots, seeds, parts, and products thereof (but excluding. CommentsClose CommentsPermalink





‘(2) EXCLUSIONS- The term ‘plant’ excludes any common food crops and cultivars).'.(2) SECRETARY- Section 2(h) of the Lacey Act Amendments of 1981 or cultivar that is a species not listed-- CommentsClose CommentsPermalink





‘(A) in the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249); or CommentsClose CommentsPermalink





‘(B) as an endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 3371(h)) is amended by inserting `also' after `1531 et seq.).’; CommentsClose CommentsPermalink





(B) in subsection (h), by inserting ‘also’ after ‘plants the term’; and CommentsClose CommentsPermalink





(C) by striking subsection (j) and inserting the following: CommentsClose CommentsPermalink





‘(j) Take- The term ' the second place it appears.(3) TAKEN- Section 2(j) of the Lacey Act Amendments of 1981‘take’ means-- CommentsClose CommentsPermalink





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





‘(2) with respect to a plant, also to harvest, cut, log, or remove.’; CommentsClose CommentsPermalink





(2) in section 3 (16 U.S.C. 3371(j)) is amended by inserting `harvested,' after `killed,'.(b) Amendments to Prohibitions-(1) AMENDMENTS- The Lacey Act Amendments of 1981 is amended2)-- CommentsClose CommentsPermalink





(A) in section 3(a)(2) (16 U.S.C. 3372(a)(2)), by striking `or' after the semicolon at the end of subparagraph (B), by redesignating subparagraph (C) as subparagraph (D), and by inserting afterubsection (a)-- CommentsClose CommentsPermalink





(i) in paragraph (2), by striking subparagraph (B) the following:`(C) any plant taken in a foreign country, that is--`and inserting the following: CommentsClose CommentsPermalink





‘(B) any plant-- CommentsClose CommentsPermalink





‘(i) taken, transported, or sold without authority required by, or in violation of, any law that applies at the place where the harvest, taking, transport, or sale occurs, including any such taking inpossessed, or sold in violation of any law or regulation of any State, or any foreign law, that protects plants or that regulates-- CommentsClose CommentsPermalink





‘(I) the theft of plants; CommentsClose CommentsPermalink





‘(II) the taking of plants from a park, forest reserve, or other officially protected area; CommentsClose CommentsPermalink





`(ii) taken without paying ‘(III) the taking of plants from an officially designated area; or CommentsClose CommentsPermalink





‘(IV) the taking of plants without, or contrary to, required authorization; CommentsClose CommentsPermalink





‘(ii) taken, transported, or exported without the payment of appropriate royalties, taxes, or stumpage fees required by the law of the place where the taking occurs;`for such plant by any law or regulation of any State or by any foreign law; or CommentsClose CommentsPermalink





‘(iii) exported or transhipped in violation of any limitation under any applicable law;`(iv) taken, exported, or transshipped in violation of any international law, treaty, or international agreement; or`(v) without any official documentation of compliance with clauses (i) through (iv) that is required under the regulations issued under section 7(a)(3);';(B) in section 3(a)(3) (16 U.S.C. 3372(a)(3)), by striking `, or' at the end of subparagraph (A) and inserting a semicolon, and by inserting after subparagraph (B) the following:`(C) to possess any plant taken in alimitation under any law or regulation of any State or under any foreign country, that is--`law; or’; and CommentsClose CommentsPermalink





(ii) in paragraph (3), by striking subparagraph (B) and inserting the following: CommentsClose CommentsPermalink





‘(B) to possess any plant-- CommentsClose CommentsPermalink





‘(i) taken, transported, or sold without authority required by, or in violation of, any law that applies at the place where the harvest, taking, transport, or sale occurs, including any such taking inpossessed, or sold in violation of any law or regulation of any State, or any foreign law, that protects plants or that regulates-- CommentsClose CommentsPermalink





‘(I) the theft of plants; CommentsClose CommentsPermalink





‘(II) the taking of plants from a park, forest reserve, or other officially protected area; CommentsClose CommentsPermalink





`(ii) taken without paying ‘(III) the taking of plants from an officially designated area; or CommentsClose CommentsPermalink





‘(IV) the taking of plants without, or contrary to, required authorization; CommentsClose CommentsPermalink





‘(ii) taken, transported, or exported without the payment of appropriate royalties, taxes, or stumpage fees required by the law of the place where the taking occurs;`for such plant by any law or regulation of any State or by any foreign law; or CommentsClose CommentsPermalink





‘(iii) exported or transhipped in violation of any limitation under any applicable law;`(iv) taken, exported, or transshipped in violation of any international law, treaty, or international agreement; or`(v) without any official documentation of compliance with clauses (i) through (iv) thatlimitation under any law or regulation of any State or under any foreign law; or’; and CommentsClose CommentsPermalink





(B) by adding at the end the following: CommentsClose CommentsPermalink





‘(f) Plant Declarations- CommentsClose CommentsPermalink





‘(1) IN GENERAL- Effective 180 days from the date of enactment of this subsection and except as provided in paragraph (3), it shall be unlawful for any person to import any plant unless the person files upon importation where clearance is required under the regulations issued under section 7(a)(3);'; and(C) in section 3(b) (16 U.S.C. 3372(b)) by inserting `or plant' after `fish or wildlife'.(2) REQUIREMENTested a declaration that contains-- CommentsClose CommentsPermalink





‘(A) the scientific name of any plant (including the genus and species of the plant) contained in the importation; CommentsClose CommentsPermalink





‘(B) a description of-- CommentsClose CommentsPermalink





‘(i) the value of the importation; and CommentsClose CommentsPermalink





‘(ii) the quantity, including the unit of measure, of the plant; and CommentsClose CommentsPermalink





‘(C) the name of the country from which the plant was taken. CommentsClose CommentsPermalink





‘(2) DECLARATION RELATING TO ISSUE REGULATIONSPLANT PRODUCTS- Until the date on which the Secretary promulgates a regulation under paragraph (6), a declaration relating to a plant product shall-- CommentsClose CommentsPermalink





‘(A) in the case in which the species of plant used to produce the plant product that is the subject of the importation varies, and the species used to produce the plant product is unknown, contain the name of each species of plant that may have been used to produce the plant product; and CommentsClose CommentsPermalink





‘(B) in the case in which the species of plant used to produce the plant product that is the subject of the importation is commonly taken from more than 1 country, and the country from which the plant was taken and used to produce the plant product is unknown, contain the name of each country from which the plant may have been taken. CommentsClose CommentsPermalink





‘(3) EXCLUSIONS- Paragraphs (1) and (2) shall not apply to plants used exclusively as packaging material to support, protect, or carry another item, unless the packaging material itself is the item being imported. CommentsClose CommentsPermalink





‘(4) REVIEW- Not later than 2 years after the date of enactment of this subsection, the Secretary shall review the implementation of each requirement described in paragraphs (1) and (2) and the effect of the exclusions in paragraph (3). CommentsClose CommentsPermalink





‘(5) REPORT- CommentsClose CommentsPermalink





‘(A) IN GENERAL- Section 7(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3376(a)) is amended by adding at the end the following:`(3) TNot later than 180 days after the date on which the Secretary completes the review under paragraph (4), the Secretary --`(A) shall issue regulations to implementsubmit to the appropriate committees of Congress a report containing-- CommentsClose CommentsPermalink





‘(i) an evaluation of-- CommentsClose CommentsPermalink





‘(I) the effectiveness of each type of information required under paragraphs (2)(C) and (3)(C) of section 3(a); and`(B) may issue regulations under those1) and (2) in assisting enforcement of section 3; and CommentsClose CommentsPermalink





‘(II) the potential to harmonize each requirement described in paragraphs that establish requirements for official documentation(1) and (2) with other applicable import regulations in existence as of the date of the report; CommentsClose CommentsPermalink





‘(ii) recommendations for purposes of paragraph (2)(C)(v) or (3)(C)(v) (or both).'.(B) DEADLINE- Tsuch legislation as the Secretary determines to be appropriate to assist in the identification of plants that are imported into the United States in violation of section 3; and CommentsClose CommentsPermalink





‘(iii) an analysis of the effect of the provisions of subsection (a) and (f) on-- CommentsClose CommentsPermalink





‘(I) the cost of legal plant imports; and CommentsClose CommentsPermalink





‘(II) the extent and methodology of illegal logging practices and trafficking. CommentsClose CommentsPermalink





‘(B) PUBLIC PARTICIPATION- In conducting the review under paragraph (3), the Secretary shall issue regulations under section 7(a)(3) of such Act, as amended by subparagraph (A) of this paragraph, by nprovide public notice and an opportunity for comment. CommentsClose CommentsPermalink





‘(6) PROMULGATION OF REGULATIONS- Not later than 180 days after the date of the enactment of this Act, andn which the Secretary completes the review under paragraph (4), the Secretary may issue additional regulations under that section after such date.promulgate regulations-- CommentsClose CommentsPermalink





‘(A) to limit the applicability of any requirement described in paragraph (2) to specific plant products; CommentsClose CommentsPermalink





‘(B) to make any other necessary modification to any requirement described in paragraph (2), as determined by the Secretary based on the review under paragraph (4); and CommentsClose CommentsPermalink





‘(C) to limit the scope of exclusion in paragraph (3) CONFORMING AMENDMENTS- Section 3(e) of the Lacey Act Amendments of 1981if warranted as a result of the review under paragraph (4).’; CommentsClose CommentsPermalink





(3) in section 7(a)(1) (16 U.S.C. 3372(e)) is amended in each of paragraphs (1) and (5) by striking `6(a)(1)), by striking ‘section 4’ and inserting ‘section 3(f), section 4,’; CommentsClose CommentsPermalink





(4) in section 4 (16 U.S.C. 3373)-- CommentsClose CommentsPermalink





(A) by striking ‘subsections (b) and (d)’ each place it appears and inserting ‘subsections (b), (d), and (f)’; CommentsClose CommentsPermalink





(B) by inserting ‘or section 3(f)’ after ‘section 3(d)’ each place it appears; and CommentsClose CommentsPermalink





(C) in subsection (a)(2)(C)' and inserting `, by inserting ‘or who violates subsection (a)(2)(D)'.(c) Amendments Regarding Administration- Section 7(a)(2) of the Lacey Act Amendments of 19813(f) other than as provided in paragraph (1)’ after ‘subsection 3(b)’; and CommentsClose CommentsPermalink





(5) by adding at the end of section 5 (16 U.S.C. 3376(a)(2))4) the following: CommentsClose CommentsPermalink





‘(d) Civil Forfeitures- Civil forfeitures under this section shall be governed by the provisions of chapter 46 of title 18, United States Code.’. CommentsClose CommentsPermalink





(b) Technical Correction- CommentsClose CommentsPermalink





(1) CORRECTION- Section 102(c) ofPublic Law 100-653 is amended-- CommentsClose CommentsPermalink





(1) by striking `and Commerce' and inserting `, Commerce, and Agriculture';(2) by inserting `or plants' after `fish or wildlife'; and(3) in the second sentence by inserting `,A) by inserting ‘of the Lacey Act Amendments of 1981’ after ‘Section 4’; and CommentsClose CommentsPermalink





(B) by striking ‘(other than section 3(b))’ and inserting ‘(other than subsection 3(b))’. CommentsClose CommentsPermalink





(2) EFFECTIVE DATE- Paragraph (1) shall be effective immediately upon the effectiveness of section 102(c) ofPublic Law 100-653. CommentsClose CommentsPermalink