I 

116TH CONGRESS 

1ST SESSION H. R. 365 

To prohibit the construction of new border barriers, including walls or fences, 

on certain Federal land, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 9, 2019 

Mr. ESPAILLAT (for himself, Mr. GONZALEZ of Texas, and Mr. GARAMENDI) 

introduced the following bill; which was referred to the Committee on 

Homeland Security 

A BILL 

To prohibit the construction of new border barriers, including 

walls or fences, on certain Federal land, 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 ‘‘This Land Is Our 

5 Land Act’’. 

6 SEC. 2. PROHIBITION ON THE CONSTRUCTION OF NEW 

7 BORDER BARRIERS, INCLUDING WALLS OR 

8 FENCES, ON CERTAIN FEDERAL LAND. 

9 (a) PROHIBITION.— 


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1 (1) IN GENERAL.—Notwithstanding any other 

2 provision of law, including the waiver provision pro3 vided under section 102(c)(1) of the Illegal Immigra4 tion Reform and Immigrant Responsibility Act of 

5 1996 (8 U.S.C. 1103 note; Public Law 104–208) 

6 (including any waivers of laws issued pursuant to 

7 such provision on, before, or after the date of the en8 actment of this Act), the Secretary of Homeland Se9 curity may not construct any new border barriers, 

10 including walls or fences, on Federal land under the 

11 jurisdiction of the Secretary of the Interior or the 

12 Secretary of Agriculture within 100 miles of the 

13 international land borders of the United States that 

14 are not in existence as of the date of the enactment 

15 of this Act. 

16 (2) RULE OF CONSTRUCTION.—The prohibition 

17 under paragraph (1) may not be construed to pro18 hibit the maintenance or repair by the Secretary of 

19 Homeland Security of any border barriers, including 

20 walls or fences, on Federal land under the jurisdic21 tion of the Secretary of the Interior or the Secretary 

22 of Agriculture within 100 miles of the international 

23 land borders of the United States that are in exist24 ence as of the date of the enactment of this Act. 

25 (b) WITHHOLDING OF CERTAIN FUNDING.— 


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1 (1) IN GENERAL.—Notwithstanding any other 

2 provision of law, the Secretary of Homeland Security 

3 may not obligate or expend any funds appropriated 

4 or otherwise made available (including through fees) 

5 to the Secretary to construct any new border bar6 riers, including walls or fences, on Federal land 

7 under the jurisdiction of the Secretary of the Inte8 rior or the Secretary of Agriculture within 100 miles 

9 of the international land borders of the United 

10 States that are not in existence as of the date of the 

11 enactment of this Act. 

12 (2) RULE OF CONSTRUCTION.—The prohibition 

13 under paragraph (1) may not be construed to pro14 hibit the obligation or expenditure of funds described 

15 in such paragraph for the maintenance or repair by 

16 the Secretary of Homeland Security of any border 

17 barriers, including walls or fences, on Federal land 

18 under the jurisdiction of the Secretary of the Inte19 rior or the Secretary of Agriculture within 100 miles 

20 of the international land borders of the United 

21 States that are in existence as of the date of the en22 actment of this Act. 

23 (c) NATIONAL EMERGENCIES.—The President may 

24 not obligate or expend funds to construct any new border 

25 barrier, including walls or fences along the border between 


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1 the United States and Mexico pursuant to a declaration 

2 of a national emergency pursuant to any provision of law, 

3 including section 2808 of title 10, United States Code, the 

4 National Emergencies Act, or the Immigration and Na5 tionality Act. 

6 (d) EMINENT DOMAIN.—Any authorization to exer7 cise, in the name of the United States, the right of emi8 nent domain, shall have no force or effect to the extent 

9 that the purpose of such exercise is to construct any new 

10 border barriers, including walls or fences, on Federal land 

11 under the jurisdiction of the Secretary of the Interior or 

12 the Secretary of Agriculture within 100 miles of the inter13 national land borders of the United States. 

14 (e) EFFECT ON STATE AND PRIVATE LAND.—This 

15 Act shall— 

16 (1) have no force or effect on State or private 

17 lands; and 

18 (2) not provide authority on or access to State 

19 or private lands. 

20 (f) TRIBAL SOVEREIGNTY.—Nothing in this Act su21 persedes, replaces, negates, or diminishes treaties or other 

22 agreements between the United States and Indian tribes. 

Æ 


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