I 

118TH CONGRESS 

2D SESSION H. R. 9678 

To address the public safety issues and environmental destruction currently 

impacting Federal lands along the southern border, enhance border security through the construction of navigable roads on Federal lands along 

the southern border, provide U.S. Customs and Border Protection access 

to Federal lands to improve the safety and effectiveness of enforcement 

activities, allow States to place temporary barriers on Federal land to 

secure the southern border, reduce the massive trash accumulations and 

environmental degradation along the southern border, reduce the cultivation of illegal cannabis on Federal lands, mitigate wildland fires caused 

by illegal immigration, and prohibit migrant housing on Federal lands. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 19, 2024 

Mr. CISCOMANI (for himself, Mr. WESTERMAN, Mr. GREEN of Tennessee, Mr. 

TIFFANY, Mr. AMODEI, Mr. BACON, Mr. BARR, Mr. BILIRAKIS, Mr. CARTER of Georgia, Mrs. CHAVEZ-DEREMER, Mr. CRENSHAW, Mr. 

EDWARDS, Mr. FLEISCHMANN, Mr. FONG, Mr. FULCHER, Mr. GOSAR, 

Mr. GRAVES of Louisiana, Mr. GROTHMAN, Mr. GUEST, Mr. HILL, Ms. 

MALLIOTAKIS, Mr. NEWHOUSE, Mr. RESCHENTHALER, Mr. ROUZER, Mr. 

STAUBER, Mr. STEIL, Mr. WILLIAMS of New York, Mr. WITTMAN, Ms. 

STEFANIK, and Mr. SMITH of New Jersey) introduced the following bill; 

which was referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, the Budget, and Homeland Security, 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 address the public safety issues and environmental destruction currently impacting Federal lands along the 

southern border, enhance border security through the 


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construction of navigable roads on Federal lands along 

the southern border, provide U.S. Customs and Border 

Protection access to Federal lands to improve the safety 

and effectiveness of enforcement activities, allow States 

to place temporary barriers on Federal land to secure 

the southern border, reduce the massive trash accumulations and environmental degradation along the southern 

border, reduce the cultivation of illegal cannabis on Federal lands, mitigate wildland fires caused by illegal immigration, and prohibit migrant housing on Federal lands. 

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 ‘‘Federal Lands Ampli5 fied Security for the Homeland (FLASH) Act’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Definitions. 

Sec. 4. Savings clause. 

TITLE I—SECURING FEDERAL BORDER LANDS 

Sec. 101. Enhancing border security through the construction of navigable 

roads along Federal border lands. 

Sec. 102. U.S. Customs and Border Protection access to wilderness areas. 

Sec. 103. Placement of movable, temporary structures on certain Federal land 

to secure the southern border of the United States. 

Sec. 104. Prohibition on Secretaries of the Interior and Agriculture. 

Sec. 105. Interagency cooperative agreement. 

TITLE II—ENDING ENVIRONMENTAL DESTRUCTION ON PUBLIC 

LANDS 

Subtitle A—Trash Reduction and Suppressing Harm From Environmental 

Degradation at the Border 

Sec. 201. Definitions. 

Sec. 202. Policies and procedures to reduce trash along the southern border. 


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Sec. 203. Transparency and accountability in trash accumulation on the southern border. 

Sec. 204. Penalties and fines. 

Subtitle B—Targeting and Offsetting Existing Illegal Contaminants 

Sec. 211. Trespass Cannabis Cultivation Site Response Initiatives. 

Sec. 212. Criminal penalties for illegal pesticide application. 

Sec. 213. Protection of national forests; Rules and Regulations. 

Sec. 214. Protection of Federal land; Rules and Regulations. 

Subtitle C—Ending Major Border Land Environmental Ruin From Wildfires 

Sec. 221. Southern Border Fuels Management Initiative. 

Sec. 222. Mitigating environmental degradation and wildland fires caused by illegal immigration. 

TITLE III—PROTECTING OUR COMMUNITIES FROM FAILURE TO 

SECURE THE BORDER 

Sec. 301. Definitions. 

Sec. 302. Prohibition on providing housing to specified aliens. 

Sec. 303. Report. 

1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means— 

6 (A) the Committees on Natural Resources, 

7 Agriculture, Homeland Security, and the Judi8 ciary of the House of Representatives; and 

9 (B) the Committees on Energy and Nat10 ural Resources, Agriculture, Nutrition, and 

11 Forestry, Homeland Security and Governmental 

12 Affairs, and the Judiciary of the Senate. 

13 (2) BORDER STATE.—The term ‘‘Border State’’ 

14 means a State that abuts the southern border. 

15 (3) COVERED FEDERAL LANDS.— 


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1 (A) IN GENERAL.—The term ‘‘covered 

2 Federal lands’’ means land— 

3 (i) owned by the United States; 

4 (ii) located in a unit that shares an 

5 exterior boundary with the southern bor6 der; and 

7 (iii) administered by— 

8 (I) the National Park Service; 

9 (II) the Bureau of Land Manage10 ment; 

11 (III) the United States Fish and 

12 Wildlife Service; 

13 (IV) the Bureau of Reclamation; 

14 or 

15 (V) the Forest Service. 

16 (B) EXCLUSION.—The term ‘‘covered Fed17 eral lands’’ does not include Federal lands held 

18 in trust for Indian Tribes. 

19 (4) OPERATIONAL CONTROL.—The term ‘‘oper20 ational control’’ has the meaning given such term in 

21 section 2(b) of the Secure Fence Act of 2006 (8 

22 U.S.C. 1701 note; Public Law 109–367). 

23 (5) SECRETARY CONCERNED.—The term ‘‘Sec24 retary concerned’’ means— 


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1 (A) the Secretary of the Interior, with re2 spect to lands under the jurisdiction of the Sec3 retary of the Interior; and 

4 (B) the Secretary of Agriculture, acting 

5 through the Chief of the Forest Service, with 

6 respect to National Forest System lands. 

7 (6) SOUTHERN BORDER.—The term ‘‘southern 

8 border’’ means the international border between the 

9 United States and Mexico. 

10 SEC. 4. SAVINGS CLAUSE. 

11 (a) PROTECTION OF LEGAL USES.—Nothing in this 

12 Act shall be construed to provide— 

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

14 grazing, timber harvesting, hunting, oil and gas de15 velopment, mining, or recreation on land under the 

16 jurisdiction of the Secretary of the Interior or the 

17 Secretary of Agriculture; or 

18 (2) any additional authority to restrict legal ac19 cess to such land. 

20 (b) EFFECT ON STATE AND PRIVATE LAND.—This 

21 Act has no force or effect on State or private lands, and 

22 nothing in this Act shall be construed as providing author23 ity on, or access to, State or private lands. 


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1 (c) TRIBAL SOVEREIGNTY.—Nothing in this Act su2 persedes, replaces, negates, or diminishes treaties or other 

3 agreements between the United States and Indian Tribes. 

4 TITLE I—SECURING FEDERAL 

5 BORDER LANDS 

6 SEC. 101. ENHANCING BORDER SECURITY THROUGH THE 

7 CONSTRUCTION OF NAVIGABLE ROADS 

8 ALONG FEDERAL BORDER LANDS. 

9 (a) DEFINITIONS.—In this section: 

10 (1) NAVIGABLE ROAD.—The term ‘‘navigable 

11 road’’ means a continuous path— 

12 (A) able to accommodate at least a stand13 ard vehicle; 

14 (B) of a width, length, and clearance 

15 height determined by the Secretary concerned, 

16 in consultation with the Secretary of Homeland 

17 Security; and 

18 (C) constructed of surface material deter19 mined to be appropriate by the Secretary con20 cerned, in consultation with the Secretary of 

21 Homeland Security. 

22 (2) SECRETARY OF HOMELAND SECURITY.— 

23 The term ‘‘Secretary of Homeland Security’’ means 

24 the Secretary of Homeland Security, in consultation 


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1 with the Chief Patrol Agent of each U.S. Border Pa2 trol sector containing covered Federal lands. 

3 (b) IN GENERAL.—The Secretary concerned, in con4 sultation with the Secretary of Homeland Security, shall 

5 take such actions as may be necessary to inventory exist6 ing roads and install navigable roads on covered Federal 

7 lands to— 

8 (1) deter illegal crossings in areas of high ille9 gal entry into the United States; 

10 (2) gain operational control of the southern bor11 der; and 

12 (3) increase U.S. Customs and Border Protec13 tion access to covered Federal lands. 

14 (c) ROAD REQUIREMENTS.—The navigable roads in15 stalled or inventoried under subsection (b) shall be, to the 

16 extent practicable— 

17 (1) at least 584 miles total in length along the 

18 portions of the southern border that abut covered 

19 Federal lands; 

20 (2) positioned to optimize U.S. Customs and 

21 Border Protection access to, and enforcement capa22 bilities along, the southern border; 

23 (3) not more than 10 miles from the southern 

24 border; and 


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1 (4) completed not less than 5 years after the 

2 date of the enactment of this Act. 

3 (d) ROAD ACCESS AND MAINTENANCE.—In admin4 istering the navigable roads installed under this section, 

5 the Secretary concerned shall— 

6 (1) allow access to— 

7 (A) Department of Defense and U.S. Cus8 toms and Border Protection personnel carrying 

9 out official duties; 

10 (B) local law enforcement officials carrying 

11 out official duties; 

12 (C) emergency response personnel carrying 

13 out official duties; 

14 (D) any other personnel the Secretary con15 cerned deems necessary to carry out the pur16 poses of the navigable roads described in sub17 section (b); and 

18 (E) approved or authorized uses of navi19 gable roads along the southern border; and 

20 (2) maintain the navigable roads as necessary 

21 for vehicular travel. 

22 (e) SECURITY FENCING AND TECHNOLOGY.— 

23 (1) IN GENERAL.—The Secretary concerned 

24 shall enter into cooperative agreements with the Sec25 retary of Homeland Security for the deployment of 


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1 the most practical and effective fencing, surveillance, 

2 and related technology along the navigable roads 

3 being installed under this section to— 

4 (A) deter illegal crossings in areas of high 

5 illegal entry into the United States; and 

6 (B) gain operational control of the south7 ern border by increasing U.S. Customs and 

8 Border Protection access to covered Federal 

9 lands. 

10 (2) TIMELINE.—The Secretary concerned shall 

11 ensure security measures implemented pursuant to 

12 this subsection are in effect in accordance with the 

13 timeline established under subsection (c)(4). 

14 (f) NEPA COMPLIANCE.—The Secretary concerned 

15 shall ensure compliance with all applicable laws and regu16 lations, including the National Environmental Policy Act 

17 (42 U.S.C. 4321 et seq.) and the amendments made to 

18 such statute by the Fiscal Responsibility Act of 2023 

19 (Public Law 118–5). 

20 SEC. 102. U.S. CUSTOMS AND BORDER PROTECTION ACCESS 

21 TO WILDERNESS AREAS. 

22 Section 4(d) of the Wilderness Act (16 U.S.C. 1133) 

23 is amended by adding at the end the following: 

24 ‘‘(8) U.S. CUSTOMS AND BORDER PROTECTION AC25 CESS.— 


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1 ‘‘(A) PERMISSIBLE ACTIVITIES.—Notwith2 standing any other provision of this Act, the Com3 missioner of U.S. Customs and Border Protection 

4 may conduct the following activities within a wilder5 ness area for the purpose of securing the inter6 national land borders of the United States: 

7 ‘‘(i) Access structures, installations, and 

8 roads. 

9 ‘‘(ii) Execute search and rescue operations. 

10 ‘‘(iii) Use motor vehicles, motorboats, and 

11 motorized equipment. 

12 ‘‘(iv) Conduct patrols on foot and on 

13 horseback. 

14 ‘‘(v) Notwithstanding any other law or reg15 ulation relating specifically to use of aircraft in 

16 a wilderness area or in the airspace above a wil17 derness area, use aircraft, including approach, 

18 landing, and takeoff. 

19 ‘‘(vi) Deploy tactical infrastructure and 

20 technology. 

21 ‘‘(vii) Construct and maintain roads and 

22 physical barriers. 

23 ‘‘(B) PROTECTION OF WILDERNESS CHAR24 ACTER.—Any activity conducted by the Commis25 sioner of U.S. Customs and Border Protection under 


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1 subparagraph (A) shall be carried out in a manner 

2 that, to the extent possible, protects the wilderness 

3 character of the area.’’. 

4 SEC. 103. PLACEMENT OF MOVABLE, TEMPORARY STRUC5 TURES ON CERTAIN FEDERAL LAND TO SE6 CURE THE SOUTHERN BORDER OF THE 

7 UNITED STATES. 

8 (a) SPECIAL USE AUTHORIZATION.—Subject to sub9 section (b), the Secretary concerned shall not require a 

10 Border State to obtain a special use authorization for the 

11 temporary placement on covered Federal lands within the 

12 Border State of a movable, temporary structure for the 

13 purpose of securing the southern border, if the Border 

14 State submits to the Secretary concerned notice of the 

15 proposed placement not later than 45 days before the date 

16 of the proposed placement. 

17 (b) TEMPORARY PLACEMENT.— 

18 (1) IN GENERAL.—A movable, temporary struc19 ture described in subsection (a) may be placed by a 

20 Border State on covered Federal lands in accordance 

21 with that subsection for a period of not more than 

22 1 year, subject to paragraph (2). 

23 (2) EXTENSION.— 


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1 (A) IN GENERAL.—The period described in 

2 paragraph (1) may be extended in 90-day incre3 ments, on approval by the Secretary concerned. 

4 (B) CONSULTATION REQUIRED.—The Sec5 retary concerned shall consult with the Commis6 sioner of U.S. Customs and Border Protection 

7 for purposes of determining whether to approve 

8 an extension under subparagraph (A). 

9 (C) APPROVAL.—The Secretary concerned 

10 shall approve a request for an extension under 

11 this paragraph if the Commissioner of U.S. 

12 Customs and Border Protection determines that 

13 operational control has not been achieved as of 

14 the date of the consultation required under sub15 paragraph (B). 

16 SEC. 104. PROHIBITION ON SECRETARIES OF THE INTE17 RIOR AND AGRICULTURE. 

18 The Secretary of the Interior or the Secretary of Ag19 riculture may not impede, prohibit, or restrict activities 

20 of U.S. Customs and Border Protection on covered Fed21 eral lands located within 100 miles of the southern border, 

22 to execute search and rescue operations and to prevent 

23 all unlawful entries into the United States, including en24 tries by terrorists, other unlawful aliens, instruments of 


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1 terrorism, narcotics, and other contraband through the 

2 southern border. 

3 SEC. 105. INTERAGENCY COOPERATIVE AGREEMENT. 

4 The Secretary concerned shall enter into a coopera5 tive agreement with the Secretary of Homeland Security 

6 to fulfill the commitments in the ‘‘Memorandum of Under7 standing Among U.S. Department of Homeland Security 

8 and U.S. Department of the Interior and U.S. Depart9 ment of Agriculture Regarding Cooperative National Se10 curity and Counterterrorism Efforts on Federal Lands 

11 along the United States’ Borders’’, signed March 2006, 

12 or any succeeding memorandum of understanding. 

13 TITLE II—ENDING ENVIRON14 MENTAL DESTRUCTION ON 

15 PUBLIC LANDS 

16 Subtitle A—Trash Reduction and 

17 Suppressing Harm From Envi18 ronmental Degradation at the 

19 Border 

20 SEC. 201. DEFINITIONS. 

21 In this subtitle: 

22 (1) APPLICABLE FIRE AND SANITATION REGU23 LATIONS.—The term ‘‘applicable fire and sanitation 

24 regulations’’ means the following provisions of the 


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1 Code of Federal Regulations, as in effect on the date 

2 of the enactment of this Act: 

3 (A) With respect to lands under the juris4 diction of the Secretary of the Interior— 

5 (i) sections 2.13 and 2.14 of title 36; 

6 (ii) sections 423.29, 423.31, 423.34, 

7 8365.1–1, 8365.1–7, 8365.2–1, 8365.2–3, 

8 9212.1, and 9212.2 of title 43; and 

9 (iii) sections 26.34, 27.94, and 27.95 

10 of title 50. 

11 (B) With respect to National Forest Sys12 tem lands, sections 261.5 and 261.11 of title 

13 36. 

14 (2) WASTE.—The term ‘‘waste’’ means any 

15 refuse, garbage, rubbish, trash, debris, or litter left 

16 or created by humans and disposed of— 

17 (A) without authorization from the Federal 

18 agency administering the area where the waste 

19 is found; or 

20 (B) outside of a waste collection receptacle. 

21 SEC. 202. POLICIES AND PROCEDURES TO REDUCE TRASH 

22 ALONG THE SOUTHERN BORDER. 

23 (a) IN GENERAL.—Not later than 90 days after the 

24 date of the enactment of this Act, the Secretary concerned, 

25 in coordination with the Secretary of Homeland Security, 


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1 shall establish and implement policies and protocols to 

2 prevent and mitigate environmental degradation caused by 

3 aliens without lawful immigration status— 

4 (1) crossing the southern border on covered 

5 Federal lands; or 

6 (2) being housed, or otherwise illegally en7 croaching or camping, on National Forest System 

8 lands or lands under the jurisdiction of the Sec9 retary of the Interior. 

10 (b) PROTOCOLS.—In developing the policies and pro11 tocols under subsection (a), the Secretary concerned shall 

12 consider policies and seek to implement best practices with 

13 respect to— 

14 (1) reducing trash accumulation, particularly in 

15 ecologically sensitive areas— 

16 (A) on covered Federal lands; or 

17 (B) where aliens without lawful immigra18 tion status are being housed, or are otherwise 

19 illegally encroaching or camping, on National 

20 Forest System lands or lands under the juris21 diction of the Secretary of the Interior; 

22 (2) addressing the destruction of sensitive nat23 ural and archaeological resources; and 

24 (3) addressing the destruction of wildlife habi25 tat. 


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1 SEC. 203. TRANSPARENCY AND ACCOUNTABILITY IN TRASH 

2 ACCUMULATION ON THE SOUTHERN BOR3 DER. 

4 (a) IN GENERAL.—Not later than 180 days after the 

5 date of the enactment of this Act, and for each fiscal year 

6 thereafter, the Secretary concerned shall submit to the ap7 propriate congressional committees a report on the 

8 amount of waste collected in the following areas: 

9 (1) Covered Federal lands. 

10 (2) Sites on National Forest System lands or 

11 lands under the jurisdiction of the Secretary of the 

12 Interior— 

13 (A) on which aliens without lawful immi14 gration status are being housed, or are other15 wise illegally encroaching or camping; or 

16 (B) used for the illegal cultivation of nar17 cotics, including the cultivation of cannabis, by 

18 aliens without lawful immigration status. 

19 (b) CONTENTS OF REPORT.—Each report submitted 

20 under subsection (a) shall include the following with re21 spect to areas covered by the report: 

22 (1) The total amount of waste collected (in 

23 pounds) by employees and contractors of Federal 

24 agencies and the cost of collecting such waste, in25 cluding a breakdown by agency, region, or other unit 


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1 the Secretary concerned determines appropriate in 

2 illustrating the distribution of waste. 

3 (2) Suggestions on how to reduce environmental 

4 degradation caused by waste. 

5 (3) Data provided by Federal, State, and local 

6 agencies, nonprofit and volunteer organizations, and 

7 individuals with respect to— 

8 (A) the amount of waste collected; and 

9 (B) the number of waste collection events. 

10 (4) The total number of acres of wildlife habitat 

11 impacted by waste. 

12 (5) The discovery of any unauthorized trails or 

13 roads. 

14 (6) The number of wildfires started as a result 

15 of unauthorized human activity, including fires 

16 started by aliens without lawful immigration status. 

17 (7) Any other information the Secretary con18 cerned determines appropriate to demonstrate the 

19 amount of waste found or collected. 

20 (c) COLLECTION DATA.— 

21 (1) IN GENERAL.—In developing the reports re22 quired under subsection (a), the Secretary concerned 

23 shall— 

24 (A) collaborate in information gathering 

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1 nizations and individuals assisting in waste col2 lection efforts; and 

3 (B) to the maximum extent practicable, 

4 verify the information provided by such organi5 zations and individuals. 

6 (2) PROTECTION OF DATA.—The Secretary con7 cerned shall take precautions to ensure the privacy 

8 of organizations and individuals submitting data for 

9 the purposes of this section and prevent the disclo10 sure of personal identifiable information to the pub11 lic. 

12 (d) DATES FOR SUBMISSION.—Except for the first 

13 report submitted in accordance with subsection (a), the 

14 Secretary concerned shall submit to the appropriate con15 gressional committees each fiscal year a report not later 

16 than 90 days after the last day of the fiscal year covered 

17 by the report. 

18 SEC. 204. PENALTIES AND FINES. 

19 (a) IN GENERAL.—An alien without lawful immigra20 tion status who, while on covered Federal land, carries out 

21 an activity prohibited under applicable fire and sanitation 

22 regulations shall be subject to criminal penalties and fines 

23 authorized under such regulations. 

24 (b) INCREASED PENALTIES AND FINES.—Not later 

25 than 1 year after the date of the enactment of this Act, 


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1 the Secretary concerned shall promulgate rules and regu2 lations ensuring that the penalties and fines for carrying 

3 out, on covered Federal lands, the prohibited activities re4 ferred to in subsection (a) are escalated, such that the 

5 lower of the following increases occurs: 

6 (1) The maximum term of imprisonment and 

7 fines are doubled. 

8 (2) The maximum term of imprisonment and 

9 fines are raised to the greatest extent possible, such 

10 that— 

11 (A) the maximum term of imprisonment 

12 does not exceed 1 year; and 

13 (B) the fine does not exceed $250,000. 

14 (c) ENFORCEMENT.—The Secretary concerned shall 

15 enforce existing regulations regarding criminal penalties 

16 and fines authorized under such regulations, specifically 

17 regarding applicable fire and sanitation regulations on 

18 covered Federal land. 

19 (d) REPORT.—Not later than 180 days after the date 

20 of the enactment of this Act, and for each fiscal year 

21 thereafter, the Secretary concerned shall submit to the ap22 propriate congressional committees a report detailing the 

23 total amount collected in fines under subsection (a). 


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1 Subtitle B—Targeting and Offset2 ting Existing Illegal Contami3 nants 

4 SEC. 211. TRESPASS CANNABIS CULTIVATION SITE RE5 SPONSE INITIATIVES. 

6 (a) DEFINITIONS.—In this section: 

7 (1) COVERED RESPONSE ACTION.—The term 

8 ‘‘covered response action’’ means any activity to re9 move or remediate a release or threat of release to 

10 the environment, resulting from the cultivation of 

11 cannabis by a trespasser, of hazardous substances, 

12 pollutants, contaminants, improper pesticides, or 

13 refuse, including detection, identification, assess14 ment, monitoring, and cleanup activities. 

15 (2) IMPROPER PESTICIDE.—The term ‘‘im16 proper pesticide’’ means a pesticide that is— 

17 (A) at the time of application, cancelled by 

18 the Environmental Protection Agency under the 

19 Federal Insecticide, Fungicide, and Rodenticide 

20 Act (7 U.S.C. 136 et seq.); 

21 (B) improperly applied; or 

22 (C) intentionally misused. 

23 (3) IMPROPERLY APPLY.—The term ‘‘improp24 erly apply’’ means to use any registered pesticide in 

25 a manner— 


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1 (A) inconsistent with its labeling (as that 

2 term is defined in section 2 of the Federal In3 secticide, Fungicide, and Rodenticide Act (7 

4 U.S.C. 136)); or 

5 (B) that poses a risk to environmental or 

6 human health. 

7 (4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

8 has the meaning given the term ‘‘Indian tribe’’ in 

9 section 101 of the Comprehensive Environmental 

10 Response, Compensation, and Liability Act of 1980 

11 (42 U.S.C. 9601). 

12 (5) INTENTIONALLY MISUSED.—The term ‘‘in13 tentionally misused’’ means, with respect to a pes14 ticide, the storage or application of a pesticide on a 

15 cultivation site on Federal land which poses an indi16 rect or direct risk to wildlife, fish, or pollinators. 

17 (6) NONPROFIT CONSERVATION ORGANIZA18 TION.—The term ‘‘nonprofit conservation organiza19 tion’’ means an organization— 

20 (A) that is described in section 501(c)(3) 

21 of the Internal Revenue Code of 1986 and ex22 empt from taxation under section 501(a) of 

23 such Code; and 

24 (B) the primary purpose of which is con25 servation of natural resources. 


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1 (7) OWNER OF ADJACENT PROPERTY.—The 

2 term ‘‘owner of adjacent property’’ means the owner 

3 of property that is adjacent to land— 

4 (A) that is under the jurisdiction of a Sec5 retary concerned; and 

6 (B) on which a covered response action is 

7 carried out under this section. 

8 (8) TRESPASS CANNABIS CULTIVATION SITE RE9 SPONSE INITIATIVE; INITIATIVE.—The terms ‘‘Tres10 pass Cannabis Cultivation Site Response Initiative’’ 

11 and ‘‘initiative’’ mean an initiative carried out under 

12 subsection (b). 

13 (b) TRESPASS CANNABIS CULTIVATION SITE RE14 SPONSE INITIATIVES.— 

15 (1) IN GENERAL.—The Secretary of Agriculture 

16 and the Secretary of the Interior shall each carry 

17 out an initiative of environmental response to con18 tamination resulting from the cultivation of cannabis 

19 by trespassers on land under the jurisdiction of the 

20 applicable Secretary, each of which shall be known 

21 as a Trespass Cannabis Cultivation Site Response 

22 Initiative. 

23 (2) ADMINISTRATIVE OFFICE WITHIN THE DE24 PARTMENT OF AGRICULTURE AND THE DEPART25 MENT OF THE INTERIOR.—The Secretary of AgriVerDate Sep 11 2014 06:28 Oct 05, 2024 Jkt 059200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H9678.IH H9678

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1 culture and the Secretary of the Interior shall iden2 tify a branch within the Forest Service and the De3 partment of the Interior, respectively, which shall 

4 have the experience, expertise, and responsibility for 

5 carrying out the applicable initiative successfully. 

6 (c) INITIATIVE GOALS.—The goals of each initiative 

7 shall include the detection, identification, assessment, in8 vestigation, monitoring, and development of solutions to, 

9 and response to, contamination resulting from the cultiva10 tion of cannabis by trespassers on land under the jurisdic11 tion of the Secretary concerned. 

12 (d) RESPONSIBILITY FOR COVERED RESPONSE AC13 TIONS.— 

14 (1) BASIC RESPONSIBILITY.—Except with re15 spect to a covered response action that is required 

16 to be taken by a potentially responsible party pursu17 ant to an agreement under section 122 of the Com18 prehensive Environmental Response, Compensation, 

19 and Liability Act of 1980 (42 U.S.C. 9622), the 

20 Secretary concerned shall carry out all necessary 

21 covered response actions on land under the jurisdic22 tion of the Secretary concerned. 

23 (2) STATE FEES AND CHARGES.—Fees and 

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1 proper pesticides, or refuse resulting from the cul2 tivation of cannabis shall apply to covered response 

3 actions carried out under this section. 

4 (e) SERVICES OF OTHER ENTITIES.— 

5 (1) IN GENERAL.—The Secretary concerned 

6 may enter into agreements on a reimbursable or 

7 other basis with any other Federal agency, any State 

8 or local government agency, any Indian Tribe, any 

9 owner of adjacent property, or any nonprofit con10 servation organization to obtain the services of the 

11 agency, Indian Tribe, owner, or organization to as12 sist the Secretary concerned in carrying out the ap13 plicable initiative, including carrying out covered re14 sponse actions under this section. 

15 (2) DATA AND SAFETY.—Agreements under 

16 paragraph (1) may require approval and adherence 

17 to safety, data collection, monitoring, assessment, 

18 and reporting parameters set forth by the Secretary 

19 concerned. 

20 (3) CROSS-FISCAL YEAR AGREEMENTS.—An 

21 agreement under paragraph (1) may be for a period 

22 that begins in one fiscal year and ends in another 

23 fiscal year so long as the period of the agreement 

24 does not exceed three fiscal years. 


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1 (4) LIMITATION ON REIMBURSABLE AGREE2 MENTS.—An agreement under paragraph (1) may 

3 not— 

4 (A) provide for reimbursement for regu5 latory enforcement activities; or 

6 (B) with respect to a site— 

7 (i) change the cleanup standards se8 lected for the site pursuant to law; or 

9 (ii) establish a cleanup level incon10 sistent with the future intended land use 

11 as determined by the Secretary concerned. 

12 (5) SURETY.— 

13 (A) SURETY-CONTRACTOR RELATION14 SHIP.—Any surety which provides a bid, per15 formance, or payment bond in connection with 

16 any direct Federal procurement for a contract 

17 under this section to carry out a covered re18 sponse action and begins activities to meet its 

19 obligations under such bond, shall, in connec20 tion with such activities or obligations, be enti21 tled to any indemnification and the same stand22 ard of liability to which its principal was enti23 tled under the contract or under any applicable 

24 law or regulation. 

25 (B) SURETY BONDS.— 


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1 (i) APPLICABILITY OF SECTIONS 3131

2 AND 3133 OF TITLE 40.—If under sections 

3 3131 and 3133 of title 40, United States 

4 Code, surety bonds are required for any di5 rect Federal procurement of any contract 

6 under this section to carry out a covered 

7 response action and are not waived pursu8 ant to section 3134 of title 40, the surety 

9 bonds shall be issued in accordance with 

10 such sections 3131 and 3133. 

11 (ii) LIMITATION OF ACCRUAL OF

12 RIGHTS OF ACTION UNDER BONDS.—If, 

13 under applicable Federal law, surety bonds 

14 are required for any direct Federal pro15 curement of any contract under this sec16 tion to carry out a covered response action, 

17 no right of action shall accrue on the per18 formance bond issued on such contract to 

19 or for the use of any person other than an 

20 obligee named in the bond. 

21 (iii) LIABILITY OF SURETIES UNDER

22 BONDS.—If, under applicable Federal law, 

23 surety bonds are required for any direct 

24 Federal procurement of any contract under 

25 this section to carry out a covered response 


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1 action, unless otherwise provided for by the 

2 Secretary concerned in the bond, in the 

3 event of a default, the surety’s liability on 

4 a performance bond shall be only for the 

5 cost of completion of the contract work in 

6 accordance with the plans and specifica7 tions of the contract less the balance of 

8 funds remaining to be paid under the con9 tract, up to the penal sum of the bond. 

10 The surety shall in no event be liable on 

11 bonds to indemnify or compensate the obli12 gee for loss or liability arising from per13 sonal injury or property damage whether 

14 or not caused by a breach of the bonded 

15 contract. 

16 (iv) NONPREEMPTION.—Nothing in 

17 this paragraph shall be construed as— 

18 (I) preempting, limiting, super19 seding, affecting, applying to, or 

20 modifying any State laws, regulations, 

21 requirements, rules, practices, or pro22 cedures; or 

23 (II) affecting, applying to, modi24 fying, limiting, superseding, or pre25 empting any rights, authorities, liabilVerDate Sep 11 2014 06:28 Oct 05, 2024 Jkt 059200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H9678.IH H9678

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1 ities, demands, actions, causes of ac2 tion, losses, judgments, claims, stat3 utes of limitation, or obligations under 

4 Federal or State law, which do not 

5 arise on or under the bond. 

6 (C) APPLICABILITY.— 

7 (i) BONDS EXECUTED BEFORE DE8 CEMBER 5, 1991.—Subparagraphs (A) and 

9 (B) shall not apply to bonds executed be10 fore December 5, 1991. 

11 (ii) OTHER BONDS.—Subparagraphs 

12 (A) and (B) shall not apply to bonds re13 quired with respect to response action con14 tracts under section 119 of the Com15 prehensive Environmental Response, Com16 pensation, and Liability Act of 1980 (42 

17 U.S.C. 9619). 

18 (f) ESTABLISHMENT OF ACCOUNTS.— 

19 (1) TRESPASS CANNABIS CULTIVATION SITE RE20 SPONSE ACCOUNT, AGRICULTURE.— 

21 (A) ESTABLISHMENT.—There is hereby es22 tablished in the Treasury of the United States 

23 an account to be known as the ‘‘Trespass Can24 nabis Cultivation Site Response Account, Agri25 culture’’ which shall consist of, with respect to 


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1 land under the jurisdiction of the Forest Serv2 ice— 

3 (i) amounts appropriated in advance 

4 with respect to such land under subsection 

5 (i); 

6 (ii) amounts recovered from a tres7 passer for the costs of covered response ac8 tions on such land related to the cultiva9 tion of cannabis on such land by the tres10 passer; and 

11 (iii) any other amounts recovered 

12 from a contractor, insurer, surety, or other 

13 person to reimburse the Department of 

14 Agriculture for the costs of covered re15 sponse actions on such land related to the 

16 cultivation of cannabis on such land by a 

17 trespasser. 

18 (B) OBLIGATION OF AUTHORIZED

19 AMOUNTS.—Funds authorized for deposit in an 

20 account under subparagraph (A)— 

21 (i) may be obligated or expended from 

22 the account only to carry out the applica23 ble initiative, including to carry out cov24 ered response actions; and 


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1 (ii) shall remain available until ex2 pended. 

3 (C) PAYMENTS OF FINES AND PEN4 ALTIES.—None of the funds appropriated to the 

5 Trespass Cannabis Cultivation Site Response 

6 Account, Agriculture may be used for the pay7 ment of a fine or penalty (including any supple8 mental environmental project carried out as 

9 part of such penalty) imposed against the De10 partment of Agriculture unless the act or omis11 sion for which the fine or penalty is imposed 

12 arises out of an activity funded by the Trespass 

13 Cannabis Cultivation Site Response Account, 

14 Agriculture and the payment of the fine or pen15 alty has been specifically authorized by law. 

16 (2) TRESPASS CANNABIS CULTIVATION SITE RE17 SPONSE ACCOUNT, INTERIOR.— 

18 (A) ESTABLISHMENT.—There is hereby es19 tablished in the Treasury of the United States 

20 an account to be known as the ‘‘Trespass Can21 nabis Cultivation Site Response Account, Inte22 rior’’ which shall consist of, with respect to land 

23 under the jurisdiction of the Department of the 

24 Interior— 


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1 (i) amounts appropriated in advance 

2 with respect to such land under subsection 

3 (i); 

4 (ii) amounts recovered from a tres5 passer for the costs of covered response ac6 tions on such land related to the cultiva7 tion of cannabis on such land by the tres8 passer; and 

9 (iii) any other amounts recovered 

10 from a contractor, insurer, surety, or other 

11 person to reimburse the Department of the 

12 Interior for the costs of covered response 

13 actions on such land related to the cultiva14 tion of cannabis on such land by a tres15 passer. 

16 (B) OBLIGATION OF AUTHORIZED

17 AMOUNTS.—Funds authorized for deposit in an 

18 account under subparagraph (A)— 

19 (i) may be obligated or expended from 

20 the account only to carry out the applica21 ble initiative, including to carry out cov22 ered response actions; and 

23 (ii) shall remain available until ex24 pended. 


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1 (C) PAYMENTS OF FINES AND PEN2 ALTIES.—None of the funds appropriated to the 

3 Trespass Cannabis Cultivation Site Response 

4 Account, Interior may be used for the payment 

5 of a fine or penalty (including any supplemental 

6 environmental project carried out as part of 

7 such penalty) imposed against the Department 

8 of the Interior unless the act or omission for 

9 which the fine or penalty is imposed arises out 

10 of an activity funded by the Trespass Cannabis 

11 Cultivation Site Response Account, Interior and 

12 the payment of the fine or penalty has been 

13 specifically authorized by law. 

14 (g) BUDGET REPORTS.—In proposing the budget for 

15 any fiscal year pursuant to section 1105 of title 31, United 

16 States Code, the President shall set forth separately the 

17 amounts requested for each initiative. 

18 (h) RELATIONSHIP TO CERCLA.—Nothing in this 

19 section affects— 

20 (1) the application of the Comprehensive Envi21 ronmental Response, Compensation, and Liability 

22 Act of 1980 (42 U.S.C. 9601 et seq.) to any activity 

23 that is a covered response action; or 

24 (2) any obligation or responsibility of any per25 son or entity under such Act. 


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1 (i) AUTHORIZATION OF APPROPRIATIONS.—To carry 

2 out this section, there is authorized to be appropriated 

3 $16,037,000 for each of fiscal years 2025 through 2031. 

4 SEC. 212. CRIMINAL PENALTIES FOR ILLEGAL PESTICIDE 

5 APPLICATION. 

6 Section 14(b)(2) of the Federal Insecticide, Fun7 gicide, and Rodenticide Act (7 U.S.C. 136l(b)(2)) is 

8 amended to read as follows: 

9 ‘‘(2) PRIVATE APPLICATOR.— 

10 ‘‘(A) IN GENERAL.—Any private applicator 

11 or other person not included in paragraph (1) 

12 who knowingly violates any provision of this Act 

13 shall be fined not more than $1,000, or impris14 oned for not more than 30 days, or both. 

15 ‘‘(B) DURING THE COMMISSION OF A FED16 ERAL OFFENSE.—Any private applicator or 

17 other person not included in paragraph (1) who 

18 knowingly violates any provision of this Act 

19 during the commission of a Federal offense 

20 under section 1361 of title 18, United States 

21 Code, shall, in addition to the punishment pro22 vided under such section, be imprisoned for not 

23 more than 10 years.’’. 


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1 SEC. 213. PROTECTION OF NATIONAL FORESTS; RULES AND 

2 REGULATIONS. 

3 The Act of June 4, 1897 (16 U.S.C. 551; 30 Stat. 

4 35), is amended by inserting ‘‘Any violation of the provi5 sions of this section, the sections referenced in the pre6 ceding sentence, or such rules and regulations, which in7 volves the illegal cultivation of cannabis on public lands 

8 using pesticides which are not in compliance with the Fed9 eral Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 

10 136 et seq.) shall be punished by a fine of not more than 

11 $250,000 or imprisonment for not more than 20 years, 

12 or both.’’ before ‘‘Any person charged’’. 

13 SEC. 214. PROTECTION OF FEDERAL LAND; RULES AND 

14 REGULATIONS. 

15 (a) IN GENERAL.—Any person who violates the Fed16 eral Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 

17 136, et seq.) in connection with the illegal cultivation of 

18 cannabis on Federal land shall be subject to a fine of not 

19 more than $250,000 or imprisonment for not more than 

20 20 years, or both. 

21 (b) CLARIFICATION.—Penalties under subsection (a) 

22 shall be in addition to applicable penalties under any other 

23 Federal or State law. 

24 (c) FEDERAL LAND DEFINED.—In this section, the 

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1 est in land administered by the Secretary of the Interior 

2 acting through— 

3 (1) the Bureau of Indian Affairs (except land 

4 held in trust by the Secretary for the benefit of an 

5 Indian Tribe); 

6 (2) the Bureau of Land Management; 

7 (3) the National Park Service; or 

8 (4) the United States Fish and Wildlife Service. 

9 Subtitle C—Ending Major Border 

10 Land Environmental Ruin From 

11 Wildfires 

12 SEC. 221. SOUTHERN BORDER FUELS MANAGEMENT INITIA13 TIVE. 

14 (a) ESTABLISHMENT.—Not later than 1 year after 

15 the date of the enactment of this Act, the Secretary of 

16 the Interior shall establish a program to be known as the 

17 ‘‘Southern Border Fuels Management Initiative’’ (in this 

18 section referred to as the ‘‘Initiative’’). 

19 (b) PURPOSE.— The purpose of the Initiative is to 

20 carry out vegetation management activities along the 

21 southern border in order to— 

22 (1) reduce the risk of catastrophic wildfire 

23 along the southern border and improve landscape re24 silience; 


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1 (2) improve operational control of the southern 

2 border; and 

3 (3) improve visibility and sight lines along the 

4 southern border to increase safety for law enforce5 ment. 

6 (c) ACTIVITIES.—In carrying out the Initiative, the 

7 Secretary shall— 

8 (1) reduce hazardous fuels along the southern 

9 border; 

10 (2) address invasive or non-native species along 

11 the southern border that contribute to wildfire risk 

12 or decrease operation efficiency of border patrol op13 erations; 

14 (3) install fuel breaks along the southern bor15 der; 

16 (4) set targets for acres to treat under the pro17 gram for each fiscal year; and 

18 (5) prioritize fuels management on covered 

19 Federal lands on which navigable roads are con20 structed under section 101. 

21 (d) COORDINATION.—In carrying out the Initiative, 

22 the Secretary shall coordinate and may enter into memo23 randums of understanding with the Forest Service, U.S. 

24 Border Patrol, and State, local, or Tribal law enforcement 

25 agencies. 


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1 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to the Secretary of the Inte3 rior to carry out this section $3,660,000 for each of fiscal 

4 years 2025 through 2031. 

5 (f) TERMINATION.—The Initiative shall terminate 7 

6 years after the date of the enactment of this Act. 

7 SEC. 222. MITIGATING ENVIRONMENTAL DEGRADATION 

8 AND WILDLAND FIRES CAUSED BY ILLEGAL 

9 IMMIGRATION. 

10 (a) IN GENERAL.—Not later than 90 days after the 

11 date of the enactment of this Act, the Secretary concerned, 

12 in coordination with the Secretary of Homeland Security, 

13 shall establish and implement policies and protocols to 

14 mitigate, avoid, or prevent— 

15 (1) wildland fires ignited by aliens without law16 ful immigration status; and 

17 (2) environmental degradation on covered Fed18 eral lands caused by aliens without lawful immigra19 tion status crossing the southern border. 

20 (b) PROTOCOLS.—In developing the protocols under 

21 subsection (a), the Secretary concerned shall consider poli22 cies to— 

23 (1) reduce trash accumulation along the south24 ern border, particularly in ecologically sensitive 

25 areas; 


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1 (2) prevent the ignition of wildland fires by 

2 aliens without lawful immigration status, particu3 larly in where there is a risk of— 

4 (A) loss of life or property; 

5 (B) damage to critical wildlife habitat; 

6 (C) damage to public infrastructure; and 

7 (D) degradation of watersheds or public 

8 water sources; 

9 (3) address the destruction of sensitive natural 

10 and archeological resources; and 

11 (4) address the destruction of wildlife habitat. 

12 (c) REPORT TO CONGRESS.—Not later than 1 year 

13 after the date of the enactment of this Act, the Secretary 

14 concerned shall submit to the appropriate congressional 

15 committees a report that includes— 

16 (1) a description of the policies and protocols 

17 established under subsection (a); 

18 (2) a catalog of all reported incidents of envi19 ronmental degradation and wildland fires ignited by 

20 aliens without lawful immigration status, includ21 ing— 

22 (A) the number of acres burned and total 

23 number of fires ignited; 


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1 (B) a description of each incident of envi2 ronmental degradation and the total number of 

3 such incidents; 

4 (C) the estimated cost of cleaning up or re5 mediating such environmental degradation; 

6 (D) the number of such aliens connected to 

7 each fire and whether or not they were appre8 hended; and 

9 (E) the area in which incidents of environ10 mental degradation occurred, including areas 

11 congressionally designated for the protection of 

12 natural resources; and 

13 (3) additional resources or authorities necessary 

14 to mitigate, avoid, or prevent wildland fires and en15 vironmental degradation caused by aliens without 

16 lawful immigration status crossing the southern bor17 der. 

18 (d) UPDATED REPORT.— 

19 (1) IN GENERAL.—Not later than 2 years after 

20 the date of the enactment of this Act, the Comp21 troller General of the United States shall update its 

22 November 2011 report entitled ‘‘Federal Agencies 

23 Could Better Utilize Law Enforcement Resources in 

24 Support of Wildland Fire Management Activities’’. 


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1 (2) ADDITIONAL STATES CONSIDERED.—In up2 dating the report under paragraph (1), the Comp3 troller General shall include information on each 

4 Border State. 

5 TITLE III—PROTECTING OUR 

6 COMMUNITIES FROM FAIL7 URE TO SECURE THE BORDER 

8 SEC. 301. DEFINITIONS. 

9 In this title: 

10 (1) FEDERAL LAND MANAGEMENT AGENCIES.— 

11 The term ‘‘Federal land management agencies’’ 

12 means— 

13 (A) the National Park Service; 

14 (B) the Bureau of Land Management; 

15 (C) the United States Fish and Wildlife 

16 Service; and 

17 (D) the Forest Service. 

18 (2) HOUSING.—The term ‘‘housing’’ means a 

19 temporary or permanent encampment used for the 

20 primary purpose of sheltering specified aliens. 

21 (3) SPECIFIED ALIEN.—The term ‘‘specified 

22 alien’’ means an alien who has not been admitted, 

23 as such terms are defined in section 101(a) of the 

24 Immigration and Nationality Act (8 U.S.C. 

25 1101(a)). 


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1 SEC. 302. PROHIBITION ON PROVIDING HOUSING TO SPECI2 FIED ALIENS. 

3 (a) IN GENERAL.—No Federal funds may be used 

4 to provide housing to specified aliens on any land under 

5 the administrative jurisdiction of the Federal land man6 agement agencies, including through leases, contracts, or 

7 agreements. 

8 (b) REVOCATION OF LEASE.—The lease between the 

9 United States of America—United States Department of 

10 the Interior—National Park Service and the City of New 

11 York for the Premises known as Portions of Floyd Ben12 nett Field, in the Jamaica Bay Unit of Gateway National 

13 Recreation Area (NPS Lease # L–GATE912–2023, Com14 mencement Date—September 15, 2023) is hereby re15 voked, and a renewal or extension of the lease or a subse16 quent lease that is substantially similar is— 

17 (1) revoked if entered into before the date of 

18 the enactment of this Act; and 

19 (2) prohibited after the date of the enactment 

20 of this Act. 

21 SEC. 303. REPORT. 

22 The Secretary of the Interior and the Secretary of 

23 Agriculture shall jointly submit to the appropriate con24 gressional committees an annual report that includes— 

25 (1) the number of specified aliens that have 

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1 istrative jurisdiction of the Federal land manage2 ment agencies; and 

3 (2) information regarding the countries of ori4 gin of such specified aliens. 

Æ 


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