To prohibit the Secretaries of the Interior and Agriculture from taking action on public lands which impede border security on such lands, and for other purposes.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Security and Federal Lands 
Protection Act''.

SEC. 2. PROHIBITION ON IMPEDING CERTAIN ACTIVITIES OF U.S. CUSTOMS AND 
              BORDER PROTECTION RELATED TO BORDER SECURITY.

    (a) Prohibition on Secretaries of the Interior and Agriculture.--
The Secretary of the Interior or the Secretary of Agriculture shall not 
impede, prohibit, or restrict activities of U.S. Customs and Border 
Protection on land under the jurisdiction of the Secretary of the 
Interior or the Secretary of Agriculture to achieve operational control 
(as defined in section 2(b) of the Secure Fence Act of 2006 (8 U.S.C. 
1701 note; Public Law 109-367)) over the international land borders of 
the United States.
    (b) Authorized Activities of U.S. Customs and Border Protection.--
            (1) Authorization.--U.S. Customs and Border Protection 
        shall have immediate access to land under the jurisdiction of 
        the Secretary of the Interior or the Secretary of Agriculture 
        for purposes of conducting the following activities on such 
        land that assist in securing the international land borders of 
        the United States:
                    (A) Construction and maintenance of roads.
                    (B) Construction and maintenance of fences.
                    (C) Use vehicles to patrol.
                    (D) Installation, maintenance, and operation of 
                surveillance equipment and sensors.
                    (E) Use of aircraft.
                    (F) Deployment of temporary tactical 
                infrastructure, including forward operating bases.
    (c) Clarification Relating to Waiver Authority.--
            (1) In general.--Notwithstanding any other provision of law 
        (including any termination date relating to the waiver referred 
        to in this subsection), the waiver by the Secretary of Homeland 
        Security on April 1, 2008, under section 102(c)(1) of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (8 U.S.C. 1103 note; Public Law 104-208) of the laws 
        described in paragraph (2) with respect to certain sections of 
        the international border between the United States and Mexico 
        and between the United States and Canada shall be considered to 
        apply to all land under the jurisdiction of the Secretary of 
        the Interior or the Secretary of Agriculture within 100 miles 
        of the international land borders of the United States for the 
        activities of U.S. Customs and Border Protection described in 
        subsection (b).
            (2) Description of laws waived.--The laws referred to in 
        paragraph (1) are the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 
        (16 U.S.C. 1531 et seq.), the Federal Water Pollution Control 
        Act (33 U.S.C. 1251 et seq.), the National Historic 
        Preservation Act (16 U.S.C. 470 et seq.), the Migratory Bird 
        Treaty Act (16 U.S.C. 703 et seq.), the Clean Air Act (42 
        U.S.C. 7401 et seq.), the Archaeological Resources Protection 
        Act of 1979 (16 U.S.C. 470aa et seq.), the Safe Drinking Water 
        Act (42 U.S.C. 300f et seq.), the Noise Control Act of 1972 (42 
        U.S.C. 4901 et seq.), the Solid Waste Disposal Act (42 U.S.C. 
        6901 et seq.), the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
        seq.), Public Law 86-523 (16 U.S.C. 469 et seq.), the Act of 
        June 8, 1906 (commonly known as the ``Antiquities Act of 
        1906'') (16 U.S.C. 431 et seq.), the Act of August 21, 1935 (16 
        U.S.C. 461 et seq.), the Wild and Scenic Rivers Act (16 U.S.C. 
        1271 et seq.), the Farmland Protection Policy Act (7 U.S.C. 
        4201 et seq.), the Coastal Zone Management Act of 1972 (16 
        U.S.C. 1451 et seq.), the Wilderness Act (16 U.S.C. 1131 et 
        seq.), the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1701 et seq.), the National Wildlife Refuge System 
        Administration Act of 1966 (16 U.S.C. 668dd et seq.), the Fish 
        and Wildlife Act of 1956 (16 U.S.C. 742a et seq.), the Fish and 
        Wildlife Coordination Act (16 U.S.C. 661 et seq.), subchapter 
        II of chapter 5, and chapter 7, of title 5, United States Code 
        (commonly known as the ``Administrative Procedure Act''), the 
        Otay Mountain Wilderness Act of 1999 (Public Law 106-145, 113 
        Stat. 1711), sections 102(29) and 103 of California Desert 
        Protection Act of 1994 (16 U.S.C. 410aaa et seq.), the National 
        Park Service Organic Act (16 U.S.C. 1 et seq.), Public Law 91-
        383 (16 U.S.C. 1a-1 et seq.), sections 401(7), 403, and 404 of 
        the National Parks and Recreation Act of 1978 (Public Law 95-
        625, 92 Stat. 3467), the Arizona Desert Wilderness Act of 1990 
        (16 U.S.C. 1132 note; Public Law 101-628), section 10 of the 
        Act of March 3, 1899 (33 U.S.C. 403), the Act of June 8, 1940 
        (16 U.S.C. 668 et seq.), (25 U.S.C. 3001 et seq.), Public Law 
        95-341 (42 U.S.C. 1996), Public Law 103-141 (42 U.S.C. 2000bb 
        et seq.), the Forest and Rangeland Renewable Resources Planning 
        Act of 1974 (16 U.S.C. 1600 et seq.), the Multiple-Use 
        Sustained-Yield Act of 1960 (16 U.S.C. 528 et seq.), the 
        Mineral Leasing Act (30 U.S.C. 181, et seq.), the Materials Act 
        of 1947 (30 U.S.C. 601 et seq.), and the General Mining Act of 
        1872 (30 U.S.C. 22 note).
    (d) Protection of Legal Uses.--This section shall not be construed 
to provide--
            (1) authority to restrict legal uses, such as grazing, 
        hunting, or mining, on land under the jurisdiction of the 
        Secretary of the Interior or the Secretary of Agriculture; or
            (2) any additional authority to restrict legal access to 
        such land.

SEC. 3. SUNSET.

    This Act shall have no force or effect after the end of the 5-year 
period beginning on the date of enactment of this Act.
                                                 

Summary: National Security and Federal Lands Protection Act - Prohibits the Secretary of the Interior or the Secretary of Agriculture (USDA) from prohibiting or restricting activities on land under their respective jurisdictions by US Customs and Border Protection to achieve operational control over the international land borders of the United States. Grants US Customs and Border Protection access to such lands to conduct the following activities: (1) construction and maintenance of roads and fences, (2) use of patrol vehicles and aircraft, (3) installation, maintenance, and operation of surveillance equipment and sensors. And (4) deployment of temporary tactical infrastructure, including forward operating bases. States that a waiver by the Secretary of Homeland Security (DHS) of specified laws regarding sections of the international border between the United States and Mexico and between the United States and Canada shall apply to all land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture within 100 miles of the international land borders of the United States with respect to US Customs and Border Protection activities under this Act. States that this Act shall not be construed to restrict legal use on, or legal access to, land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture. Terminates this Act five years after enactment.