II 

118TH CONGRESS 

2D SESSION S. 3576 

To authorize certain States to take certain actions on certain Federal land 

to secure an international border of the United States, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 10, 2024 

Mrs. BLACKBURN (for herself, Mr. CORNYN, Mr. CRUZ, Mr. BRAUN, Mr. 

BUDD, Mr. CASSIDY, Mr. CRAMER, Mrs. HYDE-SMITH, Mr. RICKETTS, 

Mr. SCOTT of South Carolina, and Mr. VANCE) introduced the following 

bill; which was read twice and referred to the Committee on Energy and 

Natural Resources 

A BILL 

To authorize certain States to take certain actions on certain 

Federal land to secure an international border of the 

United States, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Creating Obstructions 

5 Necessary To Address Illegal and Nefarious Entry Rap6 idly Act’’ or the ‘‘CONTAINER Act’’. 

2 

•S 3576 IS

1 SEC. 2. PLACEMENT OF MOVABLE, TEMPORARY STRUC2 TURES ON CERTAIN FEDERAL LAND TO SE3 CURE AN INTERNATIONAL BORDER OF THE 

4 UNITED STATES. 

5 (a) DEFINITIONS.—In this section: 

6 (1) BORDER STATE.—The term ‘‘Border State’’ 

7 means a State that is adjacent to the northern bor8 der or southern border. 

9 (2) FEDERAL LAND.—The term ‘‘Federal land’’ 

10 means land under the jurisdiction and management 

11 of a Federal land management agency that is adja12 cent to the northern border or southern border. 

13 (3) FEDERAL LAND MANAGEMENT AGENCY.— 

14 The term ‘‘Federal land management agency’’ 

15 means— 

16 (A) the Bureau of Indian Affairs; 

17 (B) the Bureau of Land Management; 

18 (C) the Bureau of Reclamation; 

19 (D) the Forest Service; 

20 (E) the United States Fish and Wildlife 

21 Service; and 

22 (F) the National Park Service. 

23 (4) NORTHERN BORDER.—The term ‘‘northern 

24 border’’ means the international border between the 

25 United States and Canada. 

3 

•S 3576 IS

1 (5) OPERATIONAL CONTROL.—The term ‘‘oper2 ational control’’ has the meaning given such term in 

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

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

5 (6) SECRETARY CONCERNED.—The term ‘‘Sec6 retary concerned’’ means— 

7 (A) the Secretary of the Interior, with re8 spect to Federal land under the jurisdiction and 

9 management of the Secretary of the Interior, 

10 acting through, as applicable— 

11 (i) the Director of the Bureau of In12 dian Affairs; 

13 (ii) the Director of the Bureau of 

14 Land Management; 

15 (iii) the Commissioner of Reclamation; 

16 (iv) the Director of the United States 

17 Fish and Wildlife Service; and 

18 (v) the Director of the National Park 

19 Service; and 

20 (B) the Secretary of Agriculture, with re21 spect to National Forest System land, acting 

22 through the Chief of the Forest Service. 

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

24 border’’ means the international border between the 

25 United States and Mexico. 

4 

•S 3576 IS

1 (b) SPECIAL USE AUTHORIZATION.—Subject to sub2 section (c), the Secretary concerned shall not require a 

3 Border State to obtain a special use authorization for the 

4 temporary placement on Federal land within the Border 

5 State of a movable, temporary structure for the purpose 

6 of securing the northern border or southern border, if the 

7 Border State submits to the Secretary concerned notice 

8 of the proposed placement not later than 45 days before 

9 the date of the proposed placement. 

10 (c) TEMPORARY PLACEMENT.— 

11 (1) IN GENERAL.—A movable, temporary struc12 ture described in subsection (b) may be placed by a 

13 Border State on Federal land in accordance with 

14 that subsection for a period of not more than 1 year, 

15 subject to paragraph (2). 

16 (2) EXTENSION.— 

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

18 paragraph (1) may be extended in 90-day incre19 ments, on approval by the Secretary concerned. 

20 (B) CONSULTATION REQUIRED.—The Sec21 retary concerned shall consult with the Commis22 sioner of U.S. Customs and Border Protection 

23 for purposes of determining whether to approve 

24 an extension under subparagraph (A). 

5 

•S 3576 IS

1 (C) APPROVAL.—The Secretary concerned 

2 shall approve a request for an extension under 

3 this paragraph if the Commissioner of U.S. 

4 Customs and Border Protection determines that 

5 operational control has not been achieved as of 

6 the date of the consultation required under sub7 paragraph (B). 

Æ