I 

114TH CONGRESS 

1ST SESSION H. R. 4034 

To require fencing along and operational control of the southwest border, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 17, 2015 

Mr. FLEMING introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committees on Natural Resources 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 concerned 

A BILL 

To require fencing along and operational control of the 

southwest border, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Secure Fence Restora5 tion Act of 2015’’. 


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1 SEC. 2. FENCING ALONG AND OPERATIONAL CONTROL OF 

2 THE SOUTHWEST BORDER. 

3 (a) FENCING.—Paragraph (1) of section 102(b) of 

4 the Illegal Immigration Reform and Immigrant Responsi5 bility Act of 1996 (8 U.S.C. 1103 note) is amended— 

6 (1) in subparagraph (A), by inserting ‘‘, not 

7 later than December 31, 2017,’’ before ‘‘construct’’; 

8 (2) in subparagraph (B)— 

9 (A) in clause (i), by striking ‘‘370 miles, or 

10 other mileage determined by the Secretary, 

11 whose authority to determine other mileage 

12 shall expire on December 31, 2008,’’ and in13 serting ‘‘areas’’; and 

14 (B) in clause (ii), by striking ‘‘2008’’ and 

15 inserting ‘‘2017’’; and 

16 (3) by striking subparagraph (D). 

17 (b) OPERATIONAL CONTROL.—Subsection (a) of sec18 tion 2 of the Secure Fence Act of 2006 (8 U.S.C. 1701 

19 note; Public Law 109–367) is amended, in the matter pre20 ceding paragraph (1)— 

21 (1) by striking ‘‘18 months after the date of the 

22 enactment of this Act,’’ and inserting ‘‘December 

23 31, 2017,’’; and 

24 (2) by inserting ‘‘, in consultation with State 

25 and local officials along the international border be26 tween the United States and Mexico, including govVerDate Sep 11 2014 03:22 Nov 20, 2015 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4034.IH H4034

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1 ernors of border States, mayors of border towns and 

2 cities, and border sheriffs,’’ before ‘‘shall’’. 

3 SEC. 3. PROHIBITION ON ACTIONS THAT IMPEDE BORDER 

4 SECURITY ON CERTAIN FEDERAL LAND. 

5 (a) SHORT TITLE.—This section may be cited as the 

6 ‘‘National Security and Federal Lands Protection Act’’. 

7 (b) PROHIBITION ON SECRETARIES OF THE INTE8 RIOR AND AGRICULTURE.—Neither the Secretary of the 

9 Interior or the Secretary of Agriculture may impede, pro10 hibit, or restrict activities of U.S. Customs and Border 

11 Protection on Federal land located within 100 miles of an 

12 international land border that is under the jurisdiction of 

13 the Secretary of the Interior or the Secretary of Agri14 culture, as the case may be, to execute search and rescue 

15 operations and to prevent all unlawful entries into the 

16 United States, including entries by terrorists, other unlaw17 ful aliens, instruments of terrorism, narcotics, and other 

18 contraband through such border. 

19 (c) AUTHORIZED ACTIVITIES OF U.S. CUSTOMS AND

20 BORDER PROTECTION.—U.S. Customs and Border Pro21 tection shall have immediate access to Federal land within 

22 100 miles of the international land border under the juris23 diction of the Secretary of the Interior or the Secretary 

24 of Agriculture for purposes of conducting the following ac25 tivities on such land that prevent all unlawful entries into 


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1 the United States, including entries by terrorists, other 

2 unlawful aliens, instruments of terrorism, narcotics, or 

3 other contraband through such border: 

4 (1) Construction and maintenance of roads. 

5 (2) Construction and maintenance of barriers. 

6 (3) Use of vehicles to patrol, apprehend, or res7 cue. 

8 (4) Installation, maintenance, and operation of 

9 communications and surveillance equipment and sen10 sors. 

11 (5) Deployment of temporary tactical infra12 structure. 

13 (d) CLARIFICATION RELATING TO WAIVER AUTHOR14 ITY.— 

15 (1) IN GENERAL.—Notwithstanding any other 

16 provision of law (including any termination date re17 lating to the waiver referred to in this subsection), 

18 the waiver by the Secretary of Homeland Security 

19 on April 1, 2008, under section 102(c)(1) of the Ille20 gal Immigration Reform and Immigrant Responsi21 bility Act of 1996 (8 U.S.C. 1103 note; Public Law 

22 104–208) of the laws referred to in paragraph (2) 

23 of this subsection with respect to certain sections of 

24 the international border between the United States 

25 and Mexico and between the United States and CanVerDate Sep 11 2014 22:13 Nov 20, 2015 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4034.IH H4034

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1 shall be considered to apply to all Federal land 

2 under the jurisdiction of the Secretary of the Inte3 rior or the Secretary of Agriculture within 100 miles 

4 of the international land borders of the United 

5 States for the activities of U.S. Customs and Border 

6 Protection specified in subsection (c) of this section. 

7 (2) DESCRIPTION OF LAWS WAIVED.—The laws 

8 referred to in paragraph (1) are the Wilderness Act 

9 (16 U.S.C. 1131 et seq.), the National Environ10 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 

11 the Endangered Species Act of 1973 (16 U.S.C. 

12 1531 et seq.), the National Historic Preservation 

13 Act (16 U.S.C. 470 et seq.), Public Law 86–523 (16 

14 U.S.C. 469 et seq.), the Act of June 8, 1906 (com15 monly known as the ‘‘Antiquities Act of 1906’’; 16 

16 U.S.C. 431 et seq.), the Wild and Scenic Rivers Act 

17 (16 U.S.C. 1271 et seq.), the Federal Land Policy 

18 and Management Act of 1976 (43 U.S.C. 1701 et 

19 seq.), the National Wildlife Refuge System Adminis20 tration Act of 1966 (16 U.S.C. 668dd et seq.), the 

21 Fish and Wildlife Act of 1956 (16 U.S.C. 742a et 

22 seq.), the Fish and Wildlife Coordination Act (16 

23 U.S.C. 661 et seq.), subchapter II of chapter 5, and 

24 chapter 7, of title 5, United States Code (commonly 

25 known as the ‘‘Administrative Procedure Act’’), the 


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1 National Park Service Organic Act (16 U.S.C. 1 et 

2 seq.), the General Authorities Act of 1970 (Public 

3 Law 91–383) (16 U.S.C. 1a–1 et seq.), sections 

4 401(7), 403, and 404 of the National Parks and 

5 Recreation Act of 1978 (Public Law 95–625, 92 

6 Stat. 3467), and the Arizona Desert Wilderness Act 

7 of 1990 (16 U.S.C. 1132 note; Public Law 101– 

8 628). 

9 (e) PROTECTION OF LEGAL USES.—This section may 

10 not be construed to provide— 

11 (1) authority to restrict legal uses, such as 

12 grazing, hunting, mining, or public-use recreational 

13 and backcountry airstrips on land under the jurisdic14 tion of the Secretary of the Interior or the Secretary 

15 of Agriculture; or 

16 (2) any additional authority to restrict legal ac17 cess to such land. 

18 (f) EFFECT ON STATE AND PRIVATE LAND.—This 

19 Act shall— 

20 (1) have no force or effect on State or private 

21 lands; and 

22 (2) not provide authority on or access to State 

23 or private lands. 

24 (g) TRIBAL SOVEREIGNTY.—Nothing in this section 

25 supersedes, replaces, negates, or diminishes treaties or 


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1 other agreements between the United States and Indian 

2 tribes. 

Æ 


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