I 

111TH CONGRESS 

1ST SESSION H. R. 3629 

To require the Secretary of Homeland Security to develop and implement 

a mitigation plan to address the ecological impacts of border security 

measures and activities, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 22, 2009 

Mr. RODRIGUEZ (for himself and Mr. GRIJALVA) introduced the following bill; 

which was referred to the Committee on Natural Resources, and in addition to the Committee on 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 require the Secretary of Homeland Security to develop 

and implement a mitigation plan to address the ecological 

impacts of border security measures and activities, 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 ‘‘Healthy Borderlands 

5 Act of 2009’’. 


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1 SEC. 2. MITIGATION PLAN. 

2 (a) IN GENERAL.—The Secretary of Homeland Secu3 rity, in consultation with the Secretary of the Interior, the 

4 Secretary of Agriculture, and the heads of appropriate 

5 State and tribal wildlife agencies and entities, shall de6 velop and implement a comprehensive mitigation plan (in 

7 this section referred to as the ‘‘mitigation plan’’) to ad8 dress the ecological and environmental impacts of border 

9 security infrastructure, measures, and activities along the 

10 international land borders of the United States. 

11 (b) REQUIREMENTS.—The mitigation plan required 

12 under subsection (a) shall include measures to address and 

13 mitigate the full range of ecological and environmental im14 pacts of border security infrastructure, measures, and ac15 tivities, including— 

16 (1) preserving, maintaining, and, if necessary, 

17 restoring wildlife migration corridors, key habitats, 

18 and the ecologically functional connectivity between 

19 and among key habitats sufficient to ensure that 

20 species (whether or not designated as rare, pro21 tected, or of concern) remain viable and are able to 

22 adapt to the impacts of climate change; 

23 (2) addressing control of invasive species and 

24 implementing measures necessary to avoid the 

25 spread of such species; 


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1 (3) maintaining hydrological functionality, in2 cluding water quantity and quality; 

3 (4) incorporating adaptive management, includ4 ing detailed provisions for long-term monitoring of 

5 the mitigation plan’s effectiveness and for necessary 

6 adjustments to such plan based on such monitoring 

7 results; and 

8 (5) protection of cultural and historical re9 sources. 

10 (c) PREEMPTION.— 

11 (1) IN GENERAL.—Notwithstanding any other 

12 provision of law, the Secretary of Homeland Security 

13 may, subject to paragraph (2), carry out the mitiga14 tion plan on any Federal, State, private, or tribal 

15 lands regardless of which individual, agency, or enti16 ty has principal responsibility for the management of 

17 any such lands. 

18 (2) CONDITIONS.—Activities carried out under 

19 paragraph (1) in connection with the mitigation plan 

20 shall be carried out in full consultation with, and 

21 with the concurrence of, the owner of, or entity with 

22 principal responsibility for, the management of the 

23 lands described in such paragraph. 

24 (d) ADMINISTRATION.— 


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1 (1) AUTHORIZATION.—The Secretary of Home2 land Security may transfer funds of the Department 

3 of Homeland Security to other Federal agencies 

4 for— 

5 (A) expenditure under programs of such 

6 agencies that are designed to fund conservation 

7 related activities on non-Federal lands, includ8 ing land acquisition programs; and 

9 (B) mitigation activities on Federal lands 

10 managed by such agencies, if such activities are 

11 required to implement the mitigation plan and 

12 if the costs of such activities are above the costs 

13 associated with managing such lands in the ab14 sence of such activities. 

15 (2) ACCEPTANCE AND USE OF DONATIONS.— 

16 The Secretary of Homeland Security may accept and 

17 use donations for the purpose of developing and im18 plementing the mitigation plan, and may transfer 

19 such funds to any other Federal agency for expendi20 ture under such plan pursuant to the authorization 

21 under paragraph (1). 

22 (3) EXEMPTION FROM REPROGRAMMING RE23 QUIREMENTS.—Funds transferred pursuant to the 

24 authorization under paragraph (1), including donaVerDate Nov 24 2008 03:46 Sep 23, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3629.IH H3629

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1 tions under paragraph (2), shall not be subject to re2 programming requirements. 

3 (4) AUTHORIZATION OF APPROPRIATIONS.— 

4 Notwithstanding any other provision of law, 

5 amounts authorized to be appropriated to the Sec6 retary of Homeland Security for border security in7 frastructure and activities may be used by the Sec8 retary to develop and implement the mitigation plan. 

Æ 


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