I 

113TH CONGRESS 

1ST SESSION H. R. 2398 

To prohibit the Secretaries of the Interior and Agriculture from taking action 

on Federal lands that impede border security on such lands, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 17, 2013 

Mr. BISHOP of Utah (for himself, Mr. GOODLATTE, Mr. SMITH of Texas, Mr. 

KING of New York, Mr. CARTER, Mr. LABRADOR, Mr. HASTINGS of 

Washington, and Mr. MCCAUL) introduced the following bill; which was 

referred to the Committee on Natural Resources, and in addition to the 

Committees on Agriculture 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 prohibit the Secretaries of the Interior and Agriculture 

from taking action on Federal lands that impede border 

security on such lands, and for other purposes. 

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

3 SECTION 1. PROHIBITION ON ACTIONS THAT IMPEDE BOR4 DER SECURITY ON CERTAIN FEDERAL LAND. 

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

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

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1 (b) PROHIBITION ON SECRETARIES OF THE INTE2 RIOR AND AGRICULTURE.—The Secretary of the Interior 

3 or the Secretary of Agriculture shall not impede, prohibit, 

4 or restrict activities of U.S. Customs and Border Protec5 tion on Federal land located within 100 miles of an inter6 national land border that is under the jurisdiction of the 

7 Secretary of the Interior or the Secretary of Agriculture, 

8 to execute search and rescue operations and to prevent 

9 all unlawful entries into the United States, including en10 tries by terrorists, other unlawful aliens, instruments of 

11 terrorism, narcotics, and other contraband through the 

12 international land borders of the United States. 

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

14 BORDER PROTECTION.—U.S. Customs and Border Pro15 tection shall have immediate access to Federal land within 

16 100 miles of the international land border under the juris17 diction of the Secretary of the Interior or the Secretary 

18 of Agriculture for purposes of conducting the following ac19 tivities on such land that prevent all unlawful entries into 

20 the United States, including entries by terrorists, other 

21 unlawful aliens, instruments of terrorism, narcotics, and 

22 other contraband through the international land borders 

23 of the United States: 

24 (1) Construction and maintenance of roads. 

25 (2) Construction and maintenance of barriers. 

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1 (3) Use of vehicles to patrol, apprehend, or res2 cue. 

3 (4) Installation, maintenance, and operation of 

4 communications and surveillance equipment and sen5 sors. 

6 (5) Deployment of temporary tactical infra7 structure. 

8 (d) CLARIFICATION RELATING TO WAIVER AUTHOR9 ITY.— 

10 (1) IN GENERAL.—Notwithstanding any other 

11 provision of law (including any termination date re12 lating to the waiver referred to in this subsection), 

13 the waiver by the Secretary of Homeland Security 

14 on April 1, 2008, under section 102(c)(1) of the Ille15 gal Immigration Reform and Immigrant Responsi16 bility Act of 1996 (8 U.S.C. 1103 note; Public Law 

17 104–208) of the laws described in paragraph (2) 

18 with respect to certain sections of the international 

19 border between the United States and Mexico and 

20 between the United States and Canada shall be con21 sidered to apply to all Federal land under the juris22 diction of the Secretary of the Interior or the Sec23 retary of Agriculture within 100 miles of the inter24 national land borders of the United States for the 

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1 activities of U.S. Customs and Border Protection de2 scribed in subsection (c). 

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

4 referred to in paragraph (1) are limited to the Wil5 derness Act (16 U.S.C. 1131 et seq.), the National 

6 Environmental Policy Act of 1969 (42 U.S.C. 4321 

7 et seq.), the Endangered Species Act of 1973 (16 

8 U.S.C. 1531 et seq.), the National Historic Preser9 vation Act (16 U.S.C. 470 et seq.), Public Law 86– 

10 523 (16 U.S.C. 469 et seq.), the Act of June 8, 

11 1906 (commonly known as the ‘‘Antiquities Act of 

12 1906’’; 16 U.S.C. 431 et seq.), the Wild and Scenic 

13 Rivers Act (16 U.S.C. 1271 et seq.), the Federal 

14 Land Policy and Management Act of 1976 (43 

15 U.S.C. 1701 et seq.), the National Wildlife Refuge 

16 System Administration Act of 1966 (16 U.S.C. 

17 668dd et seq.), the Fish and Wildlife Act of 1956 

18 (16 U.S.C. 742a et seq.), the Fish and Wildlife Co19 ordination Act (16 U.S.C. 661 et seq.), subchapter 

20 II of chapter 5, and chapter 7, of title 5, United 

21 States Code (commonly known as the ‘‘Administra22 tive Procedure Act’’), the National Park Service Or23 ganic Act (16 U.S.C. 1 et seq.), the General Au24 thorities Act of 1970 (Public Law 91–383) (16 

25 U.S.C. 1a–1 et seq.), sections 401(7), 403, and 404 

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1 of the National Parks and Recreation Act of 1978 

2 (Public Law 95–625, 92 Stat. 3467), and the Ari3 zona Desert Wilderness Act of 1990 (16 U.S.C. 

4 1132 note; Public Law 101–628). 

5 (e) PROTECTION OF LEGAL USES.—This section 

6 shall not be construed to provide— 

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

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

9 and backcountry airstrips on land under the jurisdic10 tion of the Secretary of the Interior or the Secretary 

11 of Agriculture; or 

12 (2) any additional authority to restrict legal ac13 cess to such land. 

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

15 Act shall— 

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

17 lands; and 

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

19 or private lands. 

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

21 supersedes, replaces, negates, or diminishes treaties or 

22 other agreements between the United States and Indian 

23 tribes. 

Æ 

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