I 

112TH CONGRESS 

1ST SESSION H. R. 1505 

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

on public lands which impede border security on such lands, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 13, 2011 

Mr. BISHOP of Utah (for himself, Mr. KING of New York, Mr. HASTINGS of 

Washington, Mr. SMITH of Texas, and Mr. CARTER) 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 public lands which 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Security and 

5 Federal Lands Protection Act’’. 


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1 SEC. 2. PROHIBITION ON IMPEDING CERTAIN ACTIVITIES 

2 OF THE SECRETARY OF HOMELAND SECU3 RITY RELATED TO BORDER SECURITY. 

4 (a) IN GENERAL.—The Secretary of the Interior or 

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

6 restrict activities of the Secretary of Homeland Security 

7 on land under the jurisdiction of the Secretary of the Inte8 rior or the Secretary of Agriculture to achieve operational 

9 control (as defined in section 2(b) of the Secure Fence 

10 Act of 2006 (8 U.S.C. 1701 note; Public Law 109–367)) 

11 over the international land and maritime borders of the 

12 United States. 

13 (b) AUTHORIZED ACTIVITIES.—The Secretary of 

14 Homeland Security shall have immediate access to any 

15 public land managed by the Federal Government (includ16 ing land managed by the Secretary of the Interior or the 

17 Secretary of Agriculture) for purposes of conducting ac18 tivities that assist in securing the border (including access 

19 to maintain and construct roads, construct a fence, use 

20 vehicles to patrol, and set up monitoring equipment). 

21 (c) CLARIFICATION RELATING TO WAIVER AUTHOR22 ITY.— 

23 (1) IN GENERAL.—Notwithstanding any other 

24 provision of law (including any termination date re25 lating to the waiver referred to in this subsection), 

26 the waiver by the Secretary of Homeland Security 


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1 on April 1, 2008, under section 102(c)(1) of the Ille2 gal Immigration Reform and Immigrant Responsi3 bility Act of 1996 (8 U.S.C. 1103 note; Public Law 

4 104–208) of the laws described in paragraph (2) 

5 with respect to certain sections of the international 

6 border between the United States and Mexico and 

7 between the United States and Canada shall be con8 sidered to apply to all sections of the international 

9 land and maritime borders of the United States 

10 within 100 miles of the international land and mari11 time borders of the United States for the activities 

12 of the Secretary of Homeland Security described in 

13 subsection (b), including the construction of infra14 structure, to achieve the operational control de15 scribed in subsection (a). 

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

17 referred to in paragraph (1) are the National Envi18 ronmental Policy Act of 1969 (42 U.S.C. 4321 et 

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

20 U.S.C. 1531 et seq.), the Federal Water Pollution 

21 Control Act (33 U.S.C. 1251 et seq.), the National 

22 Historic Preservation Act (16 U.S.C. 470 et seq.), 

23 the Migratory Bird Treaty Act (16 U.S.C. 703 et 

24 seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), 

25 the Archaeological Resources Protection Act of 1979 


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1 (16 U.S.C. 470aa et seq.), the Safe Drinking Water 

2 Act (42 U.S.C. 300f et seq.), the Noise Control Act 

3 of 1972 (42 U.S.C. 4901 et seq.), the Solid Waste 

4 Disposal Act (42 U.S.C. 6901 et seq.), the Com5 prehensive Environmental Response, Compensation, 

6 and Liability Act of 1980 (42 U.S.C. 9601 et seq.), 

7 Public Law 86–523 (16 U.S.C. 469 et seq.), the Act 

8 of June 8, 1906 (commonly known as the ‘‘Antiq9 uities Act of 1906’’) (16 U.S.C. 431 et seq.), the Act 

10 of August 21, 1935 (16 U.S.C. 461 et seq.), the 

11 Wild and Scenic Rivers Act (16 U.S.C. 1271 et 

12 seq.), the Farmland Protection Policy Act (7 U.S.C. 

13 4201 et seq.), the Coastal Zone Management Act of 

14 1972 (16 U.S.C. 1451 et seq.), the Wilderness Act 

15 (16 U.S.C. 1131 et seq.), the Federal Land Policy 

16 and Management Act of 1976 (43 U.S.C. 1701 et 

17 seq.), the National Wildlife Refuge System Adminis18 tration Act of 1966 (16 U.S.C. 668dd et seq.), the 

19 Fish and Wildlife Act of 1956 (16 U.S.C. 742a et 

20 seq.), the Fish and Wildlife Coordination Act (16 

21 U.S.C. 661 et seq.), subchapter II of chapter 5, and 

22 chapter 7, of title 5, United States Code (commonly 

23 known as the ‘‘Administrative Procedure Act’’), the 

24 Otay Mountain Wilderness Act of 1999 (Public Law 

25 106–145, 113 Stat. 1711), sections 102(29) and 


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1 103 of California Desert Protection Act of 1994 (16 

2 U.S.C. 410aaa et seq.), the National Park Service 

3 Organic Act (16 U.S.C. 1 et seq.), Public Law 91– 

4 383 (16 U.S.C. 1a–1 et seq.), sections 401(7), 403, 

5 and 404 of the National Parks and Recreation Act 

6 of 1978 (Public Law 95–625, 92 Stat. 3467), the 

7 Arizona Desert Wilderness Act of 1990 (16 U.S.C. 

8 1132 note; Public Law 101–628), section 10 of the 

9 Act of March 3, 1899 (33 U.S.C. 403), the Act of 

10 June 8, 1940 (16 U.S.C. 668 et seq.), (25 U.S.C. 

11 3001 et seq.), Public Law 95–341 (42 U.S.C. 1996), 

12 Public Law 103–141 (42 U.S.C. 2000bb et seq.), 

13 the Forest and Rangeland Renewable Resources 

14 Planning Act of 1974 (16 U.S.C. 1600 et seq.), and 

15 the Multiple-Use Sustained-Yield Act of 1960 (16 

16 U.S.C. 528 et seq.). 

Æ 


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