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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9678 Introduced in House (IH)]

<DOC>

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 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Lands Amplified Security for 
the Homeland (FLASH) Act''.

SEC. 2. TABLE OF CONTENTS.

    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.
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.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committees on Natural Resources, 
                Agriculture, Homeland Security, and the Judiciary of 
                the House of Representatives; and
                    (B) the Committees on Energy and Natural Resources, 
                Agriculture, Nutrition, and Forestry, Homeland Security 
                and Governmental Affairs, and the Judiciary of the 
                Senate.
            (2) Border state.--The term ``Border State'' means a State 
        that abuts the southern border.
            (3) Covered federal lands.--
                    (A) In general.--The term ``covered Federal lands'' 
                means land--
                            (i) owned by the United States;
                            (ii) located in a unit that shares an 
                        exterior boundary with the southern border; and
                            (iii) administered by--
                                    (I) the National Park Service;
                                    (II) the Bureau of Land Management;
                                    (III) the United States Fish and 
                                Wildlife Service;
                                    (IV) the Bureau of Reclamation; or
                                    (V) the Forest Service.
                    (B) Exclusion.--The term ``covered Federal lands'' 
                does not include Federal lands held in trust for Indian 
                Tribes.
            (4) Operational control.--The term ``operational control'' 
        has the meaning given such term in section 2(b) of the Secure 
        Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367).
            (5) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of the Interior, with respect to 
                lands under the jurisdiction of the Secretary of the 
                Interior; and
                    (B) the Secretary of Agriculture, acting through 
                the Chief of the Forest Service, with respect to 
                National Forest System lands.
            (6) Southern border.--The term ``southern border'' means 
        the international border between the United States and Mexico.

SEC. 4. SAVINGS CLAUSE.

    (a) Protection of Legal Uses.--Nothing in this Act shall be 
construed to provide--
            (1) authority to restrict legal uses, such as grazing, 
        timber harvesting, hunting, oil and gas development, mining, or 
        recreation 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.
    (b) Effect on State and Private Land.--This Act has no force or 
effect on State or private lands, and nothing in this Act shall be 
construed as providing authority on, or access to, State or private 
lands.
    (c) Tribal Sovereignty.--Nothing in this Act supersedes, replaces, 
negates, or diminishes treaties or other agreements between the United 
States and Indian Tribes.

                 TITLE I--SECURING FEDERAL BORDER LANDS

SEC. 101. ENHANCING BORDER SECURITY THROUGH THE CONSTRUCTION OF 
              NAVIGABLE ROADS ALONG FEDERAL BORDER LANDS.

    (a) Definitions.--In this section:
            (1) Navigable road.--The term ``navigable road'' means a 
        continuous path--
                    (A) able to accommodate at least a standard 
                vehicle;
                    (B) of a width, length, and clearance height 
                determined by the Secretary concerned, in consultation 
                with the Secretary of Homeland Security; and
                    (C) constructed of surface material determined to 
                be appropriate by the Secretary concerned, in 
                consultation with the Secretary of Homeland Security.
            (2) Secretary of homeland security.--The term ``Secretary 
        of Homeland Security'' means the Secretary of Homeland 
        Security, in consultation with the Chief Patrol Agent of each 
        U.S. Border Patrol sector containing covered Federal lands.
    (b) In General.--The Secretary concerned, in consultation with the 
Secretary of Homeland Security, shall take such actions as may be 
necessary to inventory existing roads and install navigable roads on 
covered Federal lands to--
            (1) deter illegal crossings in areas of high illegal entry 
        into the United States;
            (2) gain operational control of the southern border; and
            (3) increase U.S. Customs and Border Protection access to 
        covered Federal lands.
    (c) Road Requirements.--The navigable roads installed or 
inventoried under subsection (b) shall be, to the extent practicable--
            (1) at least 584 miles total in length along the portions 
        of the southern border that abut covered Federal lands;
            (2) positioned to optimize U.S. Customs and Border 
        Protection access to, and enforcement capabilities along, the 
        southern border;
            (3) not more than 10 miles from the southern border; and
            (4) completed not less than 5 years after the date of the 
        enactment of this Act.
    (d) Road Access and Maintenance.--In administering the navigable 
roads installed under this section, the Secretary concerned shall--
            (1) allow access to--
                    (A) Department of Defense and U.S. Customs and 
                Border Protection personnel carrying out official 
                duties;
                    (B) local law enforcement officials carrying out 
                official duties;
                    (C) emergency response personnel carrying out 
                official duties;
                    (D) any other personnel the Secretary concerned 
                deems necessary to carry out the purposes of the 
                navigable roads described in subsection (b); and
                    (E) approved or authorized uses of navigable roads 
                along the southern border; and
            (2) maintain the navigable roads as necessary for vehicular 
        travel.
    (e) Security Fencing and Technology.--
            (1) In general.--The Secretary concerned shall enter into 
        cooperative agreements with the Secretary of Homeland Security 
        for the deployment of the most practical and effective fencing, 
        surveillance, and related technology along the navigable roads 
        being installed under this section to--
                    (A) deter illegal crossings in areas of high 
                illegal entry into the United States; and
                    (B) gain operational control of the southern border 
                by increasing U.S. Customs and Border Protection access 
                to covered Federal lands.
            (2) Timeline.--The Secretary concerned shall ensure 
        security measures implemented pursuant to this subsection are 
        in effect in accordance with the timeline established under 
        subsection (c)(4).
    (f) NEPA Compliance.--The Secretary concerned shall ensure 
compliance with all applicable laws and regulations, including the 
National Environmental Policy Act (42 U.S.C. 4321 et seq.) and the 
amendments made to such statute by the Fiscal Responsibility Act of 
2023 (Public Law 118-5).

SEC. 102. U.S. CUSTOMS AND BORDER PROTECTION ACCESS TO WILDERNESS 
              AREAS.

    Section 4(d) of the Wilderness Act (16 U.S.C. 1133) is amended by 
adding at the end the following:
    ``(8) U.S. Customs and Border Protection Access.--
            ``(A) Permissible activities.--Notwithstanding any other 
        provision of this Act, the Commissioner of U.S. Customs and 
        Border Protection may conduct the following activities within a 
        wilderness area for the purpose of securing the international 
        land borders of the United States:
                    ``(i) Access structures, installations, and roads.
                    ``(ii) Execute search and rescue operations.
                    ``(iii) Use motor vehicles, motorboats, and 
                motorized equipment.
                    ``(iv) Conduct patrols on foot and on horseback.
                    ``(v) Notwithstanding any other law or regulation 
                relating specifically to use of aircraft in a 
                wilderness area or in the airspace above a wilderness 
                area, use aircraft, including approach, landing, and 
                takeoff.
                    ``(vi) Deploy tactical infrastructure and 
                technology.
                    ``(vii) Construct and maintain roads and physical 
                barriers.
            ``(B) Protection of wilderness character.--Any activity 
        conducted by the Commissioner of U.S. Customs and Border 
        Protection under subparagraph (A) shall be carried out in a 
        manner that, to the extent possible, protects the wilderness 
        character of the area.''.

SEC. 103. PLACEMENT OF MOVABLE, TEMPORARY STRUCTURES ON CERTAIN FEDERAL 
              LAND TO SECURE THE SOUTHERN BORDER OF THE UNITED STATES.

    (a) Special Use Authorization.--Subject to subsection (b), the 
Secretary concerned shall not require a Border State to obtain a 
special use authorization for the temporary placement on covered 
Federal lands within the Border State of a movable, temporary structure 
for the purpose of securing the southern border, if the Border State 
submits to the Secretary concerned notice of the proposed placement not 
later than 45 days before the date of the proposed placement.
    (b) Temporary Placement.--
            (1) In general.--A movable, temporary structure described 
        in subsection (a) may be placed by a Border State on covered 
        Federal lands in accordance with that subsection for a period 
        of not more than 1 year, subject to paragraph (2).
            (2) Extension.--
                    (A) In general.--The period described in paragraph 
                (1) may be extended in 90-day increments, on approval 
                by the Secretary concerned.
                    (B) Consultation required.--The Secretary concerned 
                shall consult with the Commissioner of U.S. Customs and 
                Border Protection for purposes of determining whether 
                to approve an extension under subparagraph (A).
                    (C) Approval.--The Secretary concerned shall 
                approve a request for an extension under this paragraph 
                if the Commissioner of U.S. Customs and Border 
                Protection determines that operational control has not 
                been achieved as of the date of the consultation 
                required under subparagraph (B).

SEC. 104. PROHIBITION ON SECRETARIES OF THE INTERIOR AND AGRICULTURE.

    The Secretary of the Interior or the Secretary of Agriculture may 
not impede, prohibit, or restrict activities of U.S. Customs and Border 
Protection on covered Federal lands located within 100 miles of the 
southern border, to execute search and rescue operations and to prevent 
all unlawful entries into the United States, including entries by 
terrorists, other unlawful aliens, instruments of terrorism, narcotics, 
and other contraband through the southern border.

SEC. 105. INTERAGENCY COOPERATIVE AGREEMENT.

    The Secretary concerned shall enter into a cooperative agreement 
with the Secretary of Homeland Security to fulfill the commitments in 
the ``Memorandum of Understanding Among U.S. Department of Homeland 
Security and U.S. Department of the Interior and U.S. Department of 
Agriculture Regarding Cooperative National Security and 
Counterterrorism Efforts on Federal Lands along the United States' 
Borders'', signed March 2006, or any succeeding memorandum of 
understanding.

       TITLE II--ENDING ENVIRONMENTAL DESTRUCTION ON PUBLIC LANDS

  Subtitle A--Trash Reduction and Suppressing Harm From Environmental 
                       Degradation at the Border

SEC. 201. DEFINITIONS.

    In this subtitle:
            (1) Applicable fire and sanitation regulations.--The term 
        ``applicable fire and sanitation regulations'' means the 
        following provisions of the Code of Federal Regulations, as in 
        effect on the date of the enactment of this Act:
                    (A) With respect to lands under the jurisdiction of 
                the Secretary of the Interior--
                            (i) sections 2.13 and 2.14 of title 36;
                            (ii) sections 423.29, 423.31, 423.34, 
                        8365.1-1, 8365.1-7, 8365.2-1, 8365.2-3, 9212.1, 
                        and 9212.2 of title 43; and
                            (iii) sections 26.34, 27.94, and 27.95 of 
                        title 50.
                    (B) With respect to National Forest System lands, 
                sections 261.5 and 261.11 of title 36.
            (2) Waste.--The term ``waste'' means any refuse, garbage, 
        rubbish, trash, debris, or litter left or created by humans and 
        disposed of--
                    (A) without authorization from the Federal agency 
                administering the area where the waste is found; or
                    (B) outside of a waste collection receptacle.

SEC. 202. POLICIES AND PROCEDURES TO REDUCE TRASH ALONG THE SOUTHERN 
              BORDER.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary concerned, in coordination with 
the Secretary of Homeland Security, shall establish and implement 
policies and protocols to prevent and mitigate environmental 
degradation caused by aliens without lawful immigration status--
            (1) crossing the southern border on covered Federal lands; 
        or
            (2) being housed, or otherwise illegally encroaching or 
        camping, on National Forest System lands or lands under the 
        jurisdiction of the Secretary of the Interior.
    (b) Protocols.--In developing the policies and protocols under 
subsection (a), the Secretary concerned shall consider policies and 
seek to implement best practices with respect to--
            (1) reducing trash accumulation, particularly in 
        ecologically sensitive areas--
                    (A) on covered Federal lands; or
                    (B) where aliens without lawful immigration status 
                are being housed, or are otherwise illegally 
                encroaching or camping, on National Forest System lands 
                or lands under the jurisdiction of the Secretary of the 
                Interior;
            (2) addressing the destruction of sensitive natural and 
        archaeological resources; and
            (3) addressing the destruction of wildlife habitat.

SEC. 203. TRANSPARENCY AND ACCOUNTABILITY IN TRASH ACCUMULATION ON THE 
              SOUTHERN BORDER.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, and for each fiscal year thereafter, the 
Secretary concerned shall submit to the appropriate congressional 
committees a report on the amount of waste collected in the following 
areas:
            (1) Covered Federal lands.
            (2) Sites on National Forest System lands or lands under 
        the jurisdiction of the Secretary of the Interior--
                    (A) on which aliens without lawful immigration 
                status are being housed, or are otherwise illegally 
                encroaching or camping; or
                    (B) used for the illegal cultivation of narcotics, 
                including the cultivation of cannabis, by aliens 
                without lawful immigration status.
    (b) Contents of Report.--Each report submitted under subsection (a) 
shall include the following with respect to areas covered by the 
report:
            (1) The total amount of waste collected (in pounds) by 
        employees and contractors of Federal agencies and the cost of 
        collecting such waste, including a breakdown by agency, region, 
        or other unit the Secretary concerned determines appropriate in 
        illustrating the distribution of waste.
            (2) Suggestions on how to reduce environmental degradation 
        caused by waste.
            (3) Data provided by Federal, State, and local agencies, 
        nonprofit and volunteer organizations, and individuals with 
        respect to--
                    (A) the amount of waste collected; and
                    (B) the number of waste collection events.
            (4) The total number of acres of wildlife habitat impacted 
        by waste.
            (5) The discovery of any unauthorized trails or roads.
            (6) The number of wildfires started as a result of 
        unauthorized human activity, including fires started by aliens 
        without lawful immigration status.
            (7) Any other information the Secretary concerned 
        determines appropriate to demonstrate the amount of waste found 
        or collected.
    (c) Collection Data.--
            (1) In general.--In developing the reports required under 
        subsection (a), the Secretary concerned shall--
                    (A) collaborate in information gathering with 
                State, local, nonprofit, and volunteer organizations 
                and individuals assisting in waste collection efforts; 
                and
                    (B) to the maximum extent practicable, verify the 
                information provided by such organizations and 
                individuals.
            (2) Protection of data.--The Secretary concerned shall take 
        precautions to ensure the privacy of organizations and 
        individuals submitting data for the purposes of this section 
        and prevent the disclosure of personal identifiable information 
        to the public.
    (d) Dates for Submission.--Except for the first report submitted in 
accordance with subsection (a), the Secretary concerned shall submit to 
the appropriate congressional committees each fiscal year a report not 
later than 90 days after the last day of the fiscal year covered by the 
report.

SEC. 204. PENALTIES AND FINES.

    (a) In General.--An alien without lawful immigration status who, 
while on covered Federal land, carries out an activity prohibited under 
applicable fire and sanitation regulations shall be subject to criminal 
penalties and fines authorized under such regulations.
    (b) Increased Penalties and Fines.--Not later than 1 year after the 
date of the enactment of this Act, the Secretary concerned shall 
promulgate rules and regulations ensuring that the penalties and fines 
for carrying out, on covered Federal lands, the prohibited activities 
referred to in subsection (a) are escalated, such that the lower of the 
following increases occurs:
            (1) The maximum term of imprisonment and fines are doubled.
            (2) The maximum term of imprisonment and fines are raised 
        to the greatest extent possible, such that--
                    (A) the maximum term of imprisonment does not 
                exceed 1 year; and
                    (B) the fine does not exceed $250,000.
    (c) Enforcement.--The Secretary concerned shall enforce existing 
regulations regarding criminal penalties and fines authorized under 
such regulations, specifically regarding applicable fire and sanitation 
regulations on covered Federal land.
    (d) Report.--Not later than 180 days after the date of the 
enactment of this Act, and for each fiscal year thereafter, the 
Secretary concerned shall submit to the appropriate congressional 
committees a report detailing the total amount collected in fines under 
subsection (a).

   Subtitle B--Targeting and Offsetting Existing Illegal Contaminants

SEC. 211. TRESPASS CANNABIS CULTIVATION SITE RESPONSE INITIATIVES.

    (a) Definitions.--In this section:
            (1) Covered response action.--The term ``covered response 
        action'' means any activity to remove or remediate a release or 
        threat of release to the environment, resulting from the 
        cultivation of cannabis by a trespasser, of hazardous 
        substances, pollutants, contaminants, improper pesticides, or 
        refuse, including detection, identification, assessment, 
        monitoring, and cleanup activities.
            (2) Improper pesticide.--The term ``improper pesticide'' 
        means a pesticide that is--
                    (A) at the time of application, cancelled by the 
                Environmental Protection Agency under the Federal 
                Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
                136 et seq.);
                    (B) improperly applied; or
                    (C) intentionally misused.
            (3) Improperly apply.--The term ``improperly apply'' means 
        to use any registered pesticide in a manner--
                    (A) inconsistent with its labeling (as that term is 
                defined in section 2 of the Federal Insecticide, 
                Fungicide, and Rodenticide Act (7 U.S.C. 136)); or
                    (B) that poses a risk to environmental or human 
                health.
            (4) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term ``Indian tribe'' in section 101 of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601).
            (5) Intentionally misused.--The term ``intentionally 
        misused'' means, with respect to a pesticide, the storage or 
        application of a pesticide on a cultivation site on Federal 
        land which poses an indirect or direct risk to wildlife, fish, 
        or pollinators.
            (6) Nonprofit conservation organization.--The term 
        ``nonprofit conservation organization'' means an organization--
                    (A) that is described in section 501(c)(3) of the 
                Internal Revenue Code of 1986 and exempt from taxation 
                under section 501(a) of such Code; and
                    (B) the primary purpose of which is conservation of 
                natural resources.
            (7) Owner of adjacent property.--The term ``owner of 
        adjacent property'' means the owner of property that is 
        adjacent to land--
                    (A) that is under the jurisdiction of a Secretary 
                concerned; and
                    (B) on which a covered response action is carried 
                out under this section.
            (8) Trespass cannabis cultivation site response initiative; 
        initiative.--The terms ``Trespass Cannabis Cultivation Site 
        Response Initiative'' and ``initiative'' mean an initiative 
        carried out under subsection (b).
    (b) Trespass Cannabis Cultivation Site Response Initiatives.--
            (1) In general.--The Secretary of Agriculture and the 
        Secretary of the Interior shall each carry out an initiative of 
        environmental response to contamination resulting from the 
        cultivation of cannabis by trespassers on land under the 
        jurisdiction of the applicable Secretary, each of which shall 
        be known as a Trespass Cannabis Cultivation Site Response 
        Initiative.
            (2) Administrative office within the department of 
        agriculture and the department of the interior.--The Secretary 
        of Agriculture and the Secretary of the Interior shall identify 
        a branch within the Forest Service and the Department of the 
        Interior, respectively, which shall have the experience, 
        expertise, and responsibility for carrying out the applicable 
        initiative successfully.
    (c) Initiative Goals.--The goals of each initiative shall include 
the detection, identification, assessment, investigation, monitoring, 
and development of solutions to, and response to, contamination 
resulting from the cultivation of cannabis by trespassers on land under 
the jurisdiction of the Secretary concerned.
    (d) Responsibility for Covered Response Actions.--
            (1) Basic responsibility.--Except with respect to a covered 
        response action that is required to be taken by a potentially 
        responsible party pursuant to an agreement under section 122 of 
        the Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9622), the Secretary concerned 
        shall carry out all necessary covered response actions on land 
        under the jurisdiction of the Secretary concerned.
            (2) State fees and charges.--Fees and charges imposed by a 
        State on the disposal of hazardous substances, pollutants, 
        contaminants, improper pesticides, or refuse resulting from the 
        cultivation of cannabis shall apply to covered response actions 
        carried out under this section.
    (e) Services of Other Entities.--
            (1) In general.--The Secretary concerned may enter into 
        agreements on a reimbursable or other basis with any other 
        Federal agency, any State or local government agency, any 
        Indian Tribe, any owner of adjacent property, or any nonprofit 
        conservation organization to obtain the services of the agency, 
        Indian Tribe, owner, or organization to assist the Secretary 
        concerned in carrying out the applicable initiative, including 
        carrying out covered response actions under this section.
            (2) Data and safety.--Agreements under paragraph (1) may 
        require approval and adherence to safety, data collection, 
        monitoring, assessment, and reporting parameters set forth by 
        the Secretary concerned.
            (3) Cross-fiscal year agreements.--An agreement under 
        paragraph (1) may be for a period that begins in one fiscal 
        year and ends in another fiscal year so long as the period of 
        the agreement does not exceed three fiscal years.
            (4) Limitation on reimbursable agreements.--An agreement 
        under paragraph (1) may not--
                    (A) provide for reimbursement for regulatory 
                enforcement activities; or
                    (B) with respect to a site--
                            (i) change the cleanup standards selected 
                        for the site pursuant to law; or
                            (ii) establish a cleanup level inconsistent 
                        with the future intended land use as determined 
                        by the Secretary concerned.
            (5) Surety.--
                    (A) Surety-contractor relationship.--Any surety 
                which provides a bid, performance, or payment bond in 
                connection with any direct Federal procurement for a 
                contract under this section to carry out a covered 
                response action and begins activities to meet its 
                obligations under such bond, shall, in connection with 
                such activities or obligations, be entitled to any 
                indemnification and the same standard of liability to 
                which its principal was entitled under the contract or 
                under any applicable law or regulation.
                    (B) Surety bonds.--
                            (i) Applicability of sections 3131 and 3133 
                        of title 40.--If under sections 3131 and 3133 
                        of title 40, United States Code, surety bonds 
                        are required for any direct Federal procurement 
                        of any contract under this section to carry out 
                        a covered response action and are not waived 
                        pursuant to section 3134 of title 40, the 
                        surety bonds shall be issued in accordance with 
                        such sections 3131 and 3133.
                            (ii) Limitation of accrual of rights of 
                        action under bonds.--If, under applicable 
                        Federal law, surety bonds are required for any 
                        direct Federal procurement of any contract 
                        under this section to carry out a covered 
                        response action, no right of action shall 
                        accrue on the performance bond issued on such 
                        contract to or for the use of any person other 
                        than an obligee named in the bond.
                            (iii) Liability of sureties under bonds.--
                        If, under applicable Federal law, surety bonds 
                        are required for any direct Federal procurement 
                        of any contract under this section to carry out 
                        a covered response action, unless otherwise 
                        provided for by the Secretary concerned in the 
                        bond, in the event of a default, the surety's 
                        liability on a performance bond shall be only 
                        for the cost of completion of the contract work 
                        in accordance with the plans and specifications 
                        of the contract less the balance of funds 
                        remaining to be paid under the contract, up to 
                        the penal sum of the bond. The surety shall in 
                        no event be liable on bonds to indemnify or 
                        compensate the obligee for loss or liability 
                        arising from personal injury or property damage 
                        whether or not caused by a breach of the bonded 
                        contract.
                            (iv) Nonpreemption.--Nothing in this 
                        paragraph shall be construed as--
                                    (I) preempting, limiting, 
                                superseding, affecting, applying to, or 
                                modifying any State laws, regulations, 
                                requirements, rules, practices, or 
                                procedures; or
                                    (II) affecting, applying to, 
                                modifying, limiting, superseding, or 
                                preempting any rights, authorities, 
                                liabilities, demands, actions, causes 
                                of action, losses, judgments, claims, 
                                statutes of limitation, or obligations 
                                under Federal or State law, which do 
                                not arise on or under the bond.
                    (C) Applicability.--
                            (i) Bonds executed before december 5, 
                        1991.--Subparagraphs (A) and (B) shall not 
                        apply to bonds executed before December 5, 
                        1991.
                            (ii) Other bonds.--Subparagraphs (A) and 
                        (B) shall not apply to bonds required with 
                        respect to response action contracts under 
                        section 119 of the Comprehensive Environmental 
                        Response, Compensation, and Liability Act of 
                        1980 (42 U.S.C. 9619).
    (f) Establishment of Accounts.--
            (1) Trespass cannabis cultivation site response account, 
        agriculture.--
                    (A) Establishment.--There is hereby established in 
                the Treasury of the United States an account to be 
                known as the ``Trespass Cannabis Cultivation Site 
                Response Account, Agriculture'' which shall consist of, 
                with respect to land under the jurisdiction of the 
                Forest Service--
                            (i) amounts appropriated in advance with 
                        respect to such land under subsection (i);
                            (ii) amounts recovered from a trespasser 
                        for the costs of covered response actions on 
                        such land related to the cultivation of 
                        cannabis on such land by the trespasser; and
                            (iii) any other amounts recovered from a 
                        contractor, insurer, surety, or other person to 
                        reimburse the Department of Agriculture for the 
                        costs of covered response actions on such land 
                        related to the cultivation of cannabis on such 
                        land by a trespasser.
                    (B) Obligation of authorized amounts.--Funds 
                authorized for deposit in an account under subparagraph 
                (A)--
                            (i) may be obligated or expended from the 
                        account only to carry out the applicable 
                        initiative, including to carry out covered 
                        response actions; and
                            (ii) shall remain available until expended.
                    (C) Payments of fines and penalties.--None of the 
                funds appropriated to the Trespass Cannabis Cultivation 
                Site Response Account, Agriculture may be used for the 
                payment of a fine or penalty (including any 
                supplemental environmental project carried out as part 
                of such penalty) imposed against the Department of 
                Agriculture unless the act or omission for which the 
                fine or penalty is imposed arises out of an activity 
                funded by the Trespass Cannabis Cultivation Site 
                Response Account, Agriculture and the payment of the 
                fine or penalty has been specifically authorized by 
                law.
            (2) Trespass cannabis cultivation site response account, 
        interior.--
                    (A) Establishment.--There is hereby established in 
                the Treasury of the United States an account to be 
                known as the ``Trespass Cannabis Cultivation Site 
                Response Account, Interior'' which shall consist of, 
                with respect to land under the jurisdiction of the 
                Department of the Interior--
                            (i) amounts appropriated in advance with 
                        respect to such land under subsection (i);
                            (ii) amounts recovered from a trespasser 
                        for the costs of covered response actions on 
                        such land related to the cultivation of 
                        cannabis on such land by the trespasser; and
                            (iii) any other amounts recovered from a 
                        contractor, insurer, surety, or other person to 
                        reimburse the Department of the Interior for 
                        the costs of covered response actions on such 
                        land related to the cultivation of cannabis on 
                        such land by a trespasser.
                    (B) Obligation of authorized amounts.--Funds 
                authorized for deposit in an account under subparagraph 
                (A)--
                            (i) may be obligated or expended from the 
                        account only to carry out the applicable 
                        initiative, including to carry out covered 
                        response actions; and
                            (ii) shall remain available until expended.
                    (C) Payments of fines and penalties.--None of the 
                funds appropriated to the Trespass Cannabis Cultivation 
                Site Response Account, Interior may be used for the 
                payment of a fine or penalty (including any 
                supplemental environmental project carried out as part 
                of such penalty) imposed against the Department of the 
                Interior unless the act or omission for which the fine 
                or penalty is imposed arises out of an activity funded 
                by the Trespass Cannabis Cultivation Site Response 
                Account, Interior and the payment of the fine or 
                penalty has been specifically authorized by law.
    (g) Budget Reports.--In proposing the budget for any fiscal year 
pursuant to section 1105 of title 31, United States Code, the President 
shall set forth separately the amounts requested for each initiative.
    (h) Relationship to CERCLA.--Nothing in this section affects--
            (1) the application of the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
        9601 et seq.) to any activity that is a covered response 
        action; or
            (2) any obligation or responsibility of any person or 
        entity under such Act.
    (i) Authorization of Appropriations.--To carry out this section, 
there is authorized to be appropriated $16,037,000 for each of fiscal 
years 2025 through 2031.

SEC. 212. CRIMINAL PENALTIES FOR ILLEGAL PESTICIDE APPLICATION.

    Section 14(b)(2) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136l(b)(2)) is amended to read as follows:
            ``(2) Private applicator.--
                    ``(A) In general.--Any private applicator or other 
                person not included in paragraph (1) who knowingly 
                violates any provision of this Act shall be fined not 
                more than $1,000, or imprisoned for not more than 30 
                days, or both.
                    ``(B) During the commission of a federal offense.--
                Any private applicator or other person not included in 
                paragraph (1) who knowingly violates any provision of 
                this Act during the commission of a Federal offense 
                under section 1361 of title 18, United States Code, 
                shall, in addition to the punishment provided under 
                such section, be imprisoned for not more than 10 
                years.''.

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

    The Act of June 4, 1897 (16 U.S.C. 551; 30 Stat. 35), is amended by 
inserting ``Any violation of the provisions of this section, the 
sections referenced in the preceding sentence, or such rules and 
regulations, which involves the illegal cultivation of cannabis on 
public lands using pesticides which are not in compliance with the 
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et 
seq.) shall be punished by a fine of not more than $250,000 or 
imprisonment for not more than 20 years, or both.'' before ``Any person 
charged''.

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

    (a) In General.--Any person who violates the Federal Insecticide, 
Fungicide, and Rodenticide Act (7 U.S.C. 136, et seq.) in connection 
with the illegal cultivation of cannabis on Federal land shall be 
subject to a fine of not more than $250,000 or imprisonment for not 
more than 20 years, or both.
    (b) Clarification.--Penalties under subsection (a) shall be in 
addition to applicable penalties under any other Federal or State law.
    (c) Federal Land Defined.--In this section, the term ``Federal 
land'' means any Federal land or an interest in land administered by 
the Secretary of the Interior acting through--
            (1) the Bureau of Indian Affairs (except land held in trust 
        by the Secretary for the benefit of an Indian Tribe);
            (2) the Bureau of Land Management;
            (3) the National Park Service; or
            (4) the United States Fish and Wildlife Service.

 Subtitle C--Ending Major Border Land Environmental Ruin From Wildfires

SEC. 221. SOUTHERN BORDER FUELS MANAGEMENT INITIATIVE.

    (a) Establishment.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of the Interior shall establish a 
program to be known as the ``Southern Border Fuels Management 
Initiative'' (in this section referred to as the ``Initiative'').
    (b) Purpose.-- The purpose of the Initiative is to carry out 
vegetation management activities along the southern border in order 
to--
            (1) reduce the risk of catastrophic wildfire along the 
        southern border and improve landscape resilience;
            (2) improve operational control of the southern border; and
            (3) improve visibility and sight lines along the southern 
        border to increase safety for law enforcement.
    (c) Activities.--In carrying out the Initiative, the Secretary 
shall--
            (1) reduce hazardous fuels along the southern border;
            (2) address invasive or non-native species along the 
        southern border that contribute to wildfire risk or decrease 
        operation efficiency of border patrol operations;
            (3) install fuel breaks along the southern border;
            (4) set targets for acres to treat under the program for 
        each fiscal year; and
            (5) prioritize fuels management on covered Federal lands on 
        which navigable roads are constructed under section 101.
    (d) Coordination.--In carrying out the Initiative, the Secretary 
shall coordinate and may enter into memorandums of understanding with 
the Forest Service, U.S. Border Patrol, and State, local, or Tribal law 
enforcement agencies.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of the Interior to carry out this section 
$3,660,000 for each of fiscal years 2025 through 2031.
    (f) Termination.--The Initiative shall terminate 7 years after the 
date of the enactment of this Act.

SEC. 222. MITIGATING ENVIRONMENTAL DEGRADATION AND WILDLAND FIRES 
              CAUSED BY ILLEGAL IMMIGRATION.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary concerned, in coordination with 
the Secretary of Homeland Security, shall establish and implement 
policies and protocols to mitigate, avoid, or prevent--
            (1) wildland fires ignited by aliens without lawful 
        immigration status; and
            (2) environmental degradation on covered Federal lands 
        caused by aliens without lawful immigration status crossing the 
        southern border.
    (b) Protocols.--In developing the protocols under subsection (a), 
the Secretary concerned shall consider policies to--
            (1) reduce trash accumulation along the southern border, 
        particularly in ecologically sensitive areas;
            (2) prevent the ignition of wildland fires by aliens 
        without lawful immigration status, particularly in where there 
        is a risk of--
                    (A) loss of life or property;
                    (B) damage to critical wildlife habitat;
                    (C) damage to public infrastructure; and
                    (D) degradation of watersheds or public water 
                sources;
            (3) address the destruction of sensitive natural and 
        archeological resources; and
            (4) address the destruction of wildlife habitat.
    (c) Report to Congress.--Not later than 1 year after the date of 
the enactment of this Act, the Secretary concerned shall submit to the 
appropriate congressional committees a report that includes--
            (1) a description of the policies and protocols established 
        under subsection (a);
            (2) a catalog of all reported incidents of environmental 
        degradation and wildland fires ignited by aliens without lawful 
        immigration status, including--
                    (A) the number of acres burned and total number of 
                fires ignited;
                    (B) a description of each incident of environmental 
                degradation and the total number of such incidents;
                    (C) the estimated cost of cleaning up or 
                remediating such environmental degradation;
                    (D) the number of such aliens connected to each 
                fire and whether or not they were apprehended; and
                    (E) the area in which incidents of environmental 
                degradation occurred, including areas congressionally 
                designated for the protection of natural resources; and
            (3) additional resources or authorities necessary to 
        mitigate, avoid, or prevent wildland fires and environmental 
        degradation caused by aliens without lawful immigration status 
        crossing the southern border.
    (d) Updated Report.--
            (1) In general.--Not later than 2 years after the date of 
        the enactment of this Act, the Comptroller General of the 
        United States shall update its November 2011 report entitled 
        ``Federal Agencies Could Better Utilize Law Enforcement 
        Resources in Support of Wildland Fire Management Activities''.
            (2) Additional states considered.--In updating the report 
        under paragraph (1), the Comptroller General shall include 
        information on each Border State.

TITLE III--PROTECTING OUR COMMUNITIES FROM FAILURE TO SECURE THE BORDER

SEC. 301. DEFINITIONS.

    In this title:
            (1) Federal land management agencies.--The term ``Federal 
        land management agencies'' means--
                    (A) the National Park Service;
                    (B) the Bureau of Land Management;
                    (C) the United States Fish and Wildlife Service; 
                and
                    (D) the Forest Service.
            (2) Housing.--The term ``housing'' means a temporary or 
        permanent encampment used for the primary purpose of sheltering 
        specified aliens.
            (3) Specified alien.--The term ``specified alien'' means an 
        alien who has not been admitted, as such terms are defined in 
        section 101(a) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)).

SEC. 302. PROHIBITION ON PROVIDING HOUSING TO SPECIFIED ALIENS.

    (a) In General.--No Federal funds may be used to provide housing to 
specified aliens on any land under the administrative jurisdiction of 
the Federal land management agencies, including through leases, 
contracts, or agreements.
    (b) Revocation of Lease.--The lease between the United States of 
America--United States Department of the Interior--National Park 
Service and the City of New York for the Premises known as Portions of 
Floyd Bennett Field, in the Jamaica Bay Unit of Gateway National 
Recreation Area (NPS Lease # L-GATE912-2023, Commencement Date--
September 15, 2023) is hereby revoked, and a renewal or extension of 
the lease or a subsequent lease that is substantially similar is--
            (1) revoked if entered into before the date of the 
        enactment of this Act; and
            (2) prohibited after the date of the enactment of this Act.

SEC. 303. REPORT.

    The Secretary of the Interior and the Secretary of Agriculture 
shall jointly submit to the appropriate congressional committees an 
annual report that includes--
            (1) the number of specified aliens that have been provided 
        housing on any land under the administrative jurisdiction of 
        the Federal land management agencies; and
            (2) information regarding the countries of origin of such 
        specified aliens.
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