S 1930 ISCommentsClose CommentsPermalink

To amend the Lacey Act Amendments of 1981 to prevent illegal logging practices, and for other purposes.CommentsClose CommentsPermalink

August 1, 2007

Mr. WYDEN (for himself, Mr. ALEXANDER, Mr. KERRY, Ms. SNOWE, Mr. FEINGOLD, Mr. BIDEN, Mr. DODD, and Mr. OBAMA) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and ForestryCommentsClose CommentsPermalink

To amend the Lacey Act Amendments of 1981 to prevent illegal logging practices, 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 `Combat Illegal Logging Act of 2007'.CommentsClose CommentsPermalink

SEC. 2. PREVENTION OF ILLEGAL LOGGING PRACTICES.

The Lacey Act Amendments of 1981 are amended--CommentsClose CommentsPermalink





(1) in section 2 (16 U.S.C. 3371)--CommentsClose CommentsPermalink





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





`(f) Plant-CommentsClose CommentsPermalink





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





`(2) EXCLUSIONS- The term `plant' excludes any common food crop 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, done at Washington on March 3, 1973 (27 UST 1087; TIAS 8249); orCommentsClose CommentsPermalink





`(B) as an endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).';CommentsClose CommentsPermalink





(B) in subsection (h), by inserting `also' after `plants the term'; andCommentsClose CommentsPermalink





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





`(j) Take- The term `take' means--CommentsClose CommentsPermalink





`(1) to capture, kill, or collect; andCommentsClose CommentsPermalink





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





(2) in section 3 (16 U.S.C. 3372)--CommentsClose CommentsPermalink





(A) in subsection (a)--CommentsClose CommentsPermalink





(i) in paragraph (2), by striking subparagraph (B) and inserting the following:CommentsClose CommentsPermalink





`(B) any plant--CommentsClose CommentsPermalink





`(i) taken, transported, possessed, or sold in violation of any foreign law or any law or regulation of any State 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





`(III) the taking of plants from an officially designated area; orCommentsClose 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 any foreign law or by any law or regulation of any State; orCommentsClose CommentsPermalink





`(iii) exported or transshipped in violation of any limitation under any foreign law or by any law or regulation of any State; or'; andCommentsClose 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, possessed, or sold in violation of any foreign law or any law or regulation of any State 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





`(III) the taking of plants from an officially designated area; orCommentsClose 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 any foreign law or by any law or regulation of any State; orCommentsClose CommentsPermalink





`(iii) exported or transshipped in violation of any limitation under any foreign law or by any law or regulation of any State; or'; andCommentsClose 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, it shall be unlawful for any person to import any plant unless the person files upon importation where clearance is requested 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; andCommentsClose CommentsPermalink





`(ii) the quantity, including the unit of measure, of the plant; andCommentsClose CommentsPermalink





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





`(2) DECLARATION RELATING TO PLANT PRODUCTS- Until the date on which the Secretary promulgates a regulation under paragraph (5), 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; andCommentsClose 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) 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).CommentsClose CommentsPermalink





`(4) REPORT-CommentsClose CommentsPermalink





`(A) IN GENERAL- Not later than 180 days after the date on which the Secretary completes the review under paragraph (3), the Secretary shall submit 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 (1) and (2) in assisting enforcement of section 3; andCommentsClose CommentsPermalink





`(II) the potential to harmonize each requirement described in paragraphs (1) and (2) with other applicable import regulations in existence as of the date of the report;CommentsClose CommentsPermalink





`(ii) recommendations for such 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; andCommentsClose 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; andCommentsClose 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 provide public notice and an opportunity for comment.CommentsClose CommentsPermalink





`(5) PROMULGATION OF REGULATIONS- Not later than 180 days after the date on which the Secretary completes the review under paragraph (3), the Secretary may promulgate regulations--CommentsClose CommentsPermalink





`(A) to limit the applicability of any requirement described in paragraph (2) to specific plant products; andCommentsClose 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 (3).'; andCommentsClose CommentsPermalink





(3) in section 7(a)(1) (16 U.S.C. 3376(a)(1)), by striking `section 4' and inserting `section 3(f), section 4,'.CommentsClose CommentsPermalink