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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2398 Introduced in House (IH)]

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.

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

SECTION 1. PROHIBITION ON ACTIONS THAT IMPEDE BORDER SECURITY ON 
              CERTAIN FEDERAL LAND.

    (a) Short Title.--This section may be cited as the ``National 
Security and Federal Lands Protection Act''.
    (b) Prohibition on Secretaries of the Interior and Agriculture.--
The Secretary of the Interior or the Secretary of Agriculture shall not 
impede, prohibit, or restrict activities of U.S. Customs and Border 
Protection on Federal land located within 100 miles of an international 
land border that is under the jurisdiction of the Secretary of the 
Interior or the Secretary of Agriculture, 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 international 
land borders of the United States.
    (c) Authorized Activities of U.S. Customs and Border Protection.--
U.S. Customs and Border Protection shall have immediate access to 
Federal land within 100 miles of the international land border under 
the jurisdiction of the Secretary of the Interior or the Secretary of 
Agriculture for purposes of conducting the following activities on such 
land that prevent all unlawful entries into the United States, 
including entries by terrorists, other unlawful aliens, instruments of 
terrorism, narcotics, and other contraband through the international 
land borders of the United States:
            (1) Construction and maintenance of roads.
            (2) Construction and maintenance of barriers.
            (3) Use of vehicles to patrol, apprehend, or rescue.
            (4) Installation, maintenance, and operation of 
        communications and surveillance equipment and sensors.
            (5) Deployment of temporary tactical infrastructure.
    (d) Clarification Relating to Waiver Authority.--
            (1) In general.--Notwithstanding any other provision of law 
        (including any termination date relating to the waiver referred 
        to in this subsection), the waiver by the Secretary of Homeland 
        Security on April 1, 2008, under section 102(c)(1) of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (8 U.S.C. 1103 note; Public Law 104-208) of the laws 
        described in paragraph (2) with respect to certain sections of 
        the international border between the United States and Mexico 
        and between the United States and Canada shall be considered to 
        apply to all Federal land under the jurisdiction of the 
        Secretary of the Interior or the Secretary of Agriculture 
        within 100 miles of the international land borders of the 
        United States for the activities of U.S. Customs and Border 
        Protection described in subsection (c).
            (2) Description of laws waived.--The laws referred to in 
        paragraph (1) are limited to the Wilderness Act (16 U.S.C. 1131 
        et seq.), the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.), the National Historic Preservation Act 
        (16 U.S.C. 470 et seq.), Public Law 86-523 (16 U.S.C. 469 et 
        seq.), the Act of June 8, 1906 (commonly known as the 
        ``Antiquities Act of 1906''; 16 U.S.C. 431 et seq.), the Wild 
        and Scenic Rivers Act (16 U.S.C. 1271 et seq.), the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1701 et 
        seq.), the National Wildlife Refuge System Administration Act 
        of 1966 (16 U.S.C. 668dd et seq.), the Fish and Wildlife Act of 
        1956 (16 U.S.C. 742a et seq.), the Fish and Wildlife 
        Coordination Act (16 U.S.C. 661 et seq.), subchapter II of 
        chapter 5, and chapter 7, of title 5, United States Code 
        (commonly known as the ``Administrative Procedure Act''), the 
        National Park Service Organic Act (16 U.S.C. 1 et seq.), the 
        General Authorities Act of 1970 (Public Law 91-383) (16 U.S.C. 
        1a-1 et seq.), sections 401(7), 403, and 404 of the National 
        Parks and Recreation Act of 1978 (Public Law 95-625, 92 Stat. 
        3467), and the Arizona Desert Wilderness Act of 1990 (16 U.S.C. 
        1132 note; Public Law 101-628).
    (e) Protection of Legal Uses.--This section shall not be construed 
to provide--
            (1) authority to restrict legal uses, such as grazing, 
        hunting, mining, or public-use recreational and backcountry 
        airstrips 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.
    (f) Effect on State and Private Land.--This Act shall--
            (1) have no force or effect on State or private lands; and
            (2) not provide authority on or access to State or private 
        lands.
    (g) Tribal Sovereignty.--Nothing in this section supersedes, 
replaces, negates, or diminishes treaties or other agreements between 
the United States and Indian tribes.
                                 <all>
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