I 

113TH CONGRESS 

2D SESSION H. R. 5164 

To clarify that the Secretary of Homeland Security may undertake law enforcement and border security activities within the Organ MountainsDesert Peaks National Monument, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 22, 2014 

Mr. PEARCE (for himself, Mr. HUDSON, Mr. BISHOP of Utah, Mr. POSEY, Mr. 

LABRADOR, Mr. LAMBORN, Mr. BROOKS of Alabama, Mr. MARCHANT, 

Mr. WENSTRUP, Mrs. LUMMIS, Mr. FLEMING, Mr. NEUGEBAUER, Mr. 

HALL, Mr. STEWART, Mr. LAMALFA, Mr. PRICE of Georgia, Mr. 

MCCLINTOCK, and Mr. GOSAR) introduced the following bill; which was 

referred to the Committee on Natural Resources 

A BILL 

To clarify that the Secretary of Homeland Security may 

undertake law enforcement and border security activities 

within the Organ Mountains-Desert Peaks National 

Monument, 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 ‘‘Organ Mountains5 Desert Peaks National Monument Correction Act’’. 


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1 SEC. 2. DEFINITION. 

2 For the purpose of this Act, the term ‘‘National 

3 Monument’’ means the area designated as the ‘‘Organ 

4 Mountains-Desert Peaks National Monument’’ in Presi5 dential Proclamation 9131, dated May 21, 2014. 

6 SEC. 3. BORDER SECURITY AND LAW ENFORCEMENT. 

7 (a) IN GENERAL.—Neither the National Monument 

8 designation nor any management plan in furtherance of 

9 the National Monument shall be interpreted or construed 

10 to— 

11 (1) prevent the Secretary of Homeland Security 

12 from undertaking law enforcement and border secu13 rity activities within the areas designated as a Na14 tional Monument, including the ability to use motor15 ized vehicles within the National Monument; 

16 (2) limit the 2006 Memorandum of Under17 standing among the Department of Homeland Secu18 rity, the Department of the Interior, and the De19 partment of Agriculture regarding cooperative na20 tional security and counterterrorism efforts on Fed21 eral land along the borders of the United States; 

22 (3) prevent the Secretary of Homeland Security 

23 from conducting any low-level overflights over the 

24 National Monument that may be necessary for law 

25 enforcement and border security purposes; or 


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1 (4) prevent the Secretary of the Interior from 

2 allowing within the National Monument the installa3 tion and maintenance of communication or surveil4 lance infrastructure necessary for law enforcement 

5 or border security activities. 

6 (b) ADMINISTRATIVE ACCESS.—The route excluded 

7 from the Potrillo Mountains identified as ‘‘Restricted— 

8 Administrative Access’’ on the map entitled ‘‘Potrillo 

9 Mountains Complex’’ and dated December 10, 2013, shall 

10 be available for administrative and law enforcement uses, 

11 including border security activities. 

12 (c) LAW ENFORCEMENT ACTIVITIES.—Nothing in 

13 this Act, or any land management plan issued in further14 ance of this Act or Presidential Proclamation 9139, dated 

15 May 21, 2014, shall prevent Federal, State, or local law 

16 enforcement personnel from having unfettered access to 

17 the National Monument, including the use of specialized 

18 equipment and motorized vehicles outside of existing roads 

19 and trails. 

20 SEC. 4. NATIONAL DEFENSE. 

21 Nothing in the national monument designation or any 

22 management plan in furtherance of the national monu23 ment shall restrict or preclude— 

24 (1) low-level overflights of military aircraft over 

25 the National Monument, including military overVerDate Mar 15 2010 23:52 Jul 24, 2014 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5164.IH H5164

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1 flights that can be seen or heard within the National 

2 Monument; 

3 (2) the designation of new units of special air4 space over the National Monument; or 

5 (3) the use or establishment of military flight 

6 training routes over the National Monument. 

Æ 


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