IB 

Union Calendar No. 312 

112TH CONGRESS 

2D SESSION H. R. 1505 

[Report No. 112–448, Part I] 

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 

APRIL 17, 2012 

Additional sponsors: Mr. COFFMAN of Colorado, Mr. CANSECO, Mr. REHBERG, 

Mr. MCCLINTOCK, Mr. GOSAR, Mrs. LUMMIS, Mr. CHAFFETZ, Mrs. 

MCMORRIS RODGERS, Mr. ROYCE, Mrs. MILLER of Michigan, Mr. 

BROUN of Georgia, Mrs. BLACKBURN, Ms. JENKINS, Mr. KING of Iowa, 

Mr. FLEMING, Mrs. ELLMERS, Mr. GALLEGLY, Mr. BURTON of Indiana, 

Mr. DUNCAN of Tennessee, Mr. BACHUS, Mr. GOODLATTE, Mr. 

LANKFORD, Mrs. MYRICK, Mr. WESTMORELAND, Mr. CRAWFORD, Mr. 

HERGER, Mr. WOODALL, Mr. LUETKEMEYER, Mr. LABRADOR, Mr. GARY

G. MILLER of California, Mr. YOUNG of Alaska, Mr. JOHNSON of Ohio, 

Mr. POSEY, Mr. NUNES, Mr. BROOKS, Mr. MILLER of Florida, Mr. 

HALL, Mr. FLEISCHMANN, Mr. FLORES, Mr. LAMBORN, Mr. GOHMERT, 

Mr. SOUTHERLAND, Mr. WITTMAN, Mr. FRANKS of Arizona, Mr. CALVERT, Mr. DUNCAN of South Carolina, Mr. GIBSON, Mr. POE of Texas, 

Mr. PEARCE, Mr. MCCAUL, Mr. RUNYAN, Mr. COBLE, Mr. GUTHRIE, 

Mrs. BACHMANN, and Mr. MCKEON

APRIL 17, 2012 

Reported from the Committee on Natural Resources with an amendment 


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[Strike out all after the enacting clause and insert the part printed in italic] 

APRIL 17, 2012 

The Committees on Agriculture and Homeland Security discharged; committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on April 13, 2011] 

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. 


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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’’. 

6 SEC. 2. PROHIBITION ON IMPEDING CERTAIN ACTIVITIES 

7 OF U.S. CUSTOMS AND BORDER PROTECTION 

8 RELATED TO BORDER SECURITY. 

9 (a) PROHIBITION ON SECRETARIES OF THE INTERIOR

10 AND AGRICULTURE.—The Secretary of the Interior or the 

11 Secretary of Agriculture shall not impede, prohibit, or re12 strict activities of U.S. Customs and Border Protection on 

13 land under the jurisdiction of the Secretary of the Interior 

14 or the Secretary of Agriculture to achieve operational con15 trol (as defined in section 2(b) of the Secure Fence Act of 

16 2006 (8 U.S.C. 1701 note; Public Law 109–367)) over the 

17 international land borders of the United States. 

18 (b) AUTHORIZED ACTIVITIES OF U.S. CUSTOMS AND

19 BORDER PROTECTION.— 

20 (1) AUTHORIZATION.—U.S. Customs and Border 

21 Protection shall have immediate access to land under 

22 the jurisdiction of the Secretary of the Interior or the 

23 Secretary of Agriculture for purposes of conducting 

24 the following activities on such land that assist in seVerDate Mar 15 2010 01:05 Apr 18, 2012 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H1505.RH H1505

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1 curing the international land borders of the United 

2 States: 

3 (A) Construction and maintenance of roads. 

4 (B) Construction and maintenance of 

5 fences. 

6 (C) Use vehicles to patrol. 

7 (D) Installation, maintenance, and oper8 ation of surveillance equipment and sensors. 

9 (E) Use of aircraft. 

10 (F) Deployment of temporary tactical infra11 structure, including forward operating bases. 

12 (c) CLARIFICATION RELATING TO WAIVER AUTHOR13 ITY.— 

14 (1) IN GENERAL.—Notwithstanding any other 

15 provision of law (including any termination date re16 lating to the waiver referred to in this subsection), the 

17 waiver by the Secretary of Homeland Security on 

18 April 1, 2008, under section 102(c)(1) of the Illegal 

19 Immigration Reform and Immigrant Responsibility 

20 Act of 1996 (8 U.S.C. 1103 note; Public Law 104– 

21 208) of the laws described in paragraph (2) with re22 spect to certain sections of the international border 

23 between the United States and Mexico and between 

24 the United States and Canada shall be considered to 

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1 retary of the Interior or the Secretary of Agriculture 

2 within 100 miles of the international land borders of 

3 the United States for the activities of U.S. Customs 

4 and Border Protection described in subsection (b). 

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

6 referred to in paragraph (1) are the National Envi7 ronmental Policy Act of 1969 (42 U.S.C. 4321 et 

8 seq.), the Endangered Species Act of 1973 (16 U.S.C. 

9 1531 et seq.), the Federal Water Pollution Control Act 

10 (33 U.S.C. 1251 et seq.), the National Historic Pres11 ervation Act (16 U.S.C. 470 et seq.), the Migratory 

12 Bird Treaty Act (16 U.S.C. 703 et seq.), the Clean 

13 Air Act (42 U.S.C. 7401 et seq.), the Archaeological 

14 Resources Protection Act of 1979 (16 U.S.C. 470aa et 

15 seq.), the Safe Drinking Water Act (42 U.S.C. 300f et 

16 seq.), the Noise Control Act of 1972 (42 U.S.C. 4901 

17 et seq.), the Solid Waste Disposal Act (42 U.S.C. 6901 

18 et seq.), the Comprehensive Environmental Response, 

19 Compensation, and Liability Act of 1980 (42 U.S.C. 

20 9601 et seq.), Public Law 86–523 (16 U.S.C. 469 et 

21 seq.), the Act of June 8, 1906 (commonly known as 

22 the ‘‘Antiquities Act of 1906’’) (16 U.S.C. 431 et seq.), 

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

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

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


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1 4201 et seq.), the Coastal Zone Management Act of 

2 1972 (16 U.S.C. 1451 et seq.), the Wilderness Act (16 

3 U.S.C. 1131 et seq.), the Federal Land Policy and 

4 Management Act of 1976 (43 U.S.C. 1701 et seq.), the 

5 National Wildlife Refuge System Administration Act 

6 of 1966 (16 U.S.C. 668dd et seq.), the Fish and Wild7 life Act of 1956 (16 U.S.C. 742a et seq.), the Fish and 

8 Wildlife Coordination Act (16 U.S.C. 661 et seq.), 

9 subchapter II of chapter 5, and chapter 7, of title 5, 

10 United States Code (commonly known as the ‘‘Admin11 istrative Procedure Act’’), the Otay Mountain Wilder12 ness Act of 1999 (Public Law 106–145, 113 Stat. 

13 1711), sections 102(29) and 103 of California Desert 

14 Protection Act of 1994 (16 U.S.C. 410aaa et seq.), the 

15 National Park Service Organic Act (16 U.S.C. 1 et 

16 seq.), Public Law 91–383 (16 U.S.C. 1a–1 et seq.), 

17 sections 401(7), 403, and 404 of the National Parks 

18 and Recreation Act of 1978 (Public Law 95–625, 92 

19 Stat. 3467), the Arizona Desert Wilderness Act of 

20 1990 (16 U.S.C. 1132 note; Public Law 101–628), 

21 section 10 of the Act of March 3, 1899 (33 U.S.C. 

22 403), the Act of June 8, 1940 (16 U.S.C. 668 et seq.), 

23 (25 U.S.C. 3001 et seq.), Public Law 95–341 (42 

24 U.S.C. 1996), Public Law 103–141 (42 U.S.C. 2000bb 

25 et seq.), the Forest and Rangeland Renewable ReVerDate Mar 15 2010 01:05 Apr 18, 2012 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H1505.RH H1505

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1 sources Planning Act of 1974 (16 U.S.C. 1600 et 

2 seq.), the Multiple-Use Sustained-Yield Act of 1960 

3 (16 U.S.C. 528 et seq.), the Mineral Leasing Act (30 

4 U.S.C. 181, et seq.), the Materials Act of 1947 (30 

5 U.S.C. 601 et seq.), and the General Mining Act of 

6 1872 (30 U.S.C. 22 note). 

7 (d) PROTECTION OF LEGAL USES.—This section shall 

8 not be construed to provide— 

9 (1) authority to restrict legal uses, such as graz10 ing, hunting, or mining, on land under the jurisdic11 tion of the Secretary of the Interior or the Secretary 

12 of Agriculture; or 

13 (2) any additional authority to restrict legal ac14 cess to such land. 

15 SEC. 3. SUNSET. 

16 This Act shall have no force or effect after the end of 

17 the 5-year period beginning on the date of enactment of this 

18 Act. 


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Union Calendar No. 312 

112TH CONGRESS 

2D SESSION H. R. 1505 

[Report No. 112–448, Part I] 

A BILL 

To prohibit the Secretaries of the Interior and Agfor other purposes. which impede border security on such lands, and riculture from taking action on public lands 

APRIL 17, 2012 

Reported from the Committee on Natural Resources with 

A

an amendment 

PRIL 17, 2012 

The Committees on Agriculture and Homeland Security 

printed House on the State of the Union and ordered to be discharged; committed to the Committee of the Whole 


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