I 

113TH CONGRESS 

1ST SESSION H. R. 547 

To provide for the establishment of a border protection strategy for the 

international land borders of the United States, to address the ecological 

and environmental impacts of border security infrastructure, measures, 

and activities along the international land borders of the United States, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 6, 2013 

Mr. GRIJALVA introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committees on 

Armed Services, Agriculture, and Natural Resources, 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 provide for the establishment of a border protection strategy for the international land borders of the United 

States, to address the ecological and environmental impacts of border security infrastructure, measures, and 

activities along the international land borders of the 

United States, 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, 


tjames on DSK6SPTVN1PROD with BILLS
2 

•HR 547 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Border Security and 

3 Responsibility Act of 2013’’. 

4 SEC. 2. PURPOSE. 

5 The purposes of this Act are to provide a means 

6 whereby Federal lands and resources along the United 

7 States-Mexico border are provided the highest protection 

8 possible from the effects of unauthorized immigration, 

9 human and drug smuggling, and border enforcement ac10 tivities, while ensuring that all operations necessary to 

11 achieve border security are undertaken. 

12 SEC. 3. FINDINGS. 

13 Congress finds the following: 

14 (1) Federal lands managed by the Department 

15 of the Interior and the Department of Agriculture 

16 encompass over 40 percent of the 1,900 miles of 

17 southwestern border in Arizona, California, New 

18 Mexico, and Texas. 

19 (2) Over the last five years, the Border Patrol 

20 has nearly doubled the number of its agents on pa21 trol, constructed hundreds of miles of border fence 

22 and vehicle barriers, and installed surveillance equip23 ment on and near lands managed by the Depart24 ment of the Interior and the Department of Agri25 culture along the southwestern border. 


tjames on DSK6SPTVN1PROD with BILLS
3 

•HR 547 IH

1 (3) When operating on Federal lands, the Bor2 der Patrol has responsibilities under several Federal 

3 land management laws, including the National Envi4 ronmental Policy Act of 1969, the National Historic 

5 Preservation Act of 1966, the Wilderness Act of 

6 1964, and the Endangered Species Act of 1973. 

7 (4) In March 2006, the Department of the In8 terior, the Department of Homeland Security, and 

9 the Department of Agriculture entered into a Memo10 randum of Understanding (MOU) entitled the ‘‘Co11 operative National Security and Counterterrorism 

12 Efforts on Federal Lands along the United States’ 

13 Borders’’. This MOU contains provisions related to 

14 the development of an efficient means of commu15 nication, cooperative identification of patrol routes 

16 and operations, conduct of joint enforcement oper17 ations, cooperation in the development of environ18 mental and cultural resources awareness training, 

19 access by United States Customs and Border Pro20 tection (CBP) agents to Federal lands along the bor21 der, and guidance on construction and maintenance 

22 of tactical infrastructure. 

23 (5) Since entering into the 2006 MOU, the 

24 three departments have continually and successfully 

25 worked together to carry out the tenets outlined in 


tjames on DSK6SPTVN1PROD with BILLS
4 

•HR 547 IH

1 the MOU at both the departmental and field levels, 

2 and have worked to address concerns regarding co3 ordination to continually improve efforts to secure 

4 the borders while conserving the environment. 

5 (6) A 2008 MOU between the three depart6 ments bridges communication gaps and provides 

7 radio interoperability between Border Patrol agents 

8 and their law enforcement partners in the Depart9 ment of the Interior and the Department of Agri10 culture. 

11 (7) Since fiscal year 2006, apprehensions of un12 documented immigrants along the southwestern bor13 der have declined, reaching a low of 327,577 in fis14 cal year 2011. This decrease has occurred along the 

15 entire border, with every sector reporting fewer ap16 prehensions in fiscal year 2011 than in fiscal year 

17 2006. 

18 (8) CBP partners with Federal, tribal, State, 

19 and local entities to benefit border security and pro20 tection of the environment and cultural resources on 

21 Federal lands. The mission of the Department of 

22 Homeland Security, the Department of the Interior, 

23 and the Department of Agriculture along the border 

24 are inextricably linked in protecting and strength25 ening United States communities. 


tjames on DSK6SPTVN1PROD with BILLS
5 

•HR 547 IH

1 (9) A report by the Government Accountability 

2 Office found that Border Patrol agents in charge of 

3 Border Patrol stations reported that the overall se4 curity status of their jurisdictions is not affected by 

5 land management laws. Instead, factors other than 

6 access delays or restrictions, such as the remoteness 

7 and ruggedness of the terrain or dense vegetation, 

8 have had the greatest effect. 

9 SEC. 4. DEFINITIONS. 

10 In this Act: 

11 (a) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the 

12 meaning given such term in section 4 of the Indian Self13 Determination and Education Assistance Act (25 U.S.C. 

14 450b). 

15 (b) SECRETARY.—The term ‘‘Secretary’’ means the 

16 Secretary of Homeland Security. 

17 (c) SECRETARY CONCERNED.—The term ‘‘Secretary 

18 concerned’’ means the Secretary of Agriculture with re19 spect to land under the jurisdiction of the Secretary of 

20 Agriculture, the Secretary of the Interior with respect to 

21 land under the jurisdiction of the Secretary of the Interior, 

22 the Secretary of Defense with respect to land under the 

23 jurisdiction of the Secretary of Defense or the secretary 

24 of a military department, or the Secretary of Commerce 


tjames on DSK6SPTVN1PROD with BILLS
6 

•HR 547 IH

1 with respect to land under the jurisdiction of the Secretary 

2 of Commerce 

3 SEC. 5. BORDER PROTECTION STRATEGY. 

4 (a) BORDER PROTECTION STRATEGY.— 

5 (1) IN GENERAL.—Not later than 180 days 

6 after the date of the enactment of this Act, the Sec7 retary, the Secretary of the Interior, the Secretary 

8 of Agriculture, the Secretary of Defense, and the 

9 Secretary of Commerce, in consultation with tribal, 

10 State, and local officials, shall jointly develop and 

11 submit to Congress a border protection strategy for 

12 the international land borders of the United States. 

13 (2) ELEMENTS OF THE STRATEGY.—The strat14 egy developed in accordance with paragraph (1) shall 

15 include the following components: 

16 (A) A comparative analysis of the levels of 

17 border security, based on auditable and 

18 verifiable data, achievable through alternative 

19 tactical infrastructure and other security meas20 ures. Measures assessed shall include, at a min21 imum— 

22 (i) pedestrian fencing; 

23 (ii) vehicle barriers, especially in areas 

24 in the vicinity of existing or planned roads; 

25 (iii) additional Border Patrol agents; 


tjames on DSK6SPTVN1PROD with BILLS
7 

•HR 547 IH

1 (iv) efficacy of natural barriers and 

2 open space in response to unauthorized or 

3 unlawful border crossing; 

4 (v) fielding of advanced remote sens5 ing and information integration technology, 

6 including the use of unmanned aerial vehi7 cles and other advanced technologies and 

8 systems, including systems developed and 

9 employed, or under development, for tac10 tical surveillance, multi-source information 

11 integration, and response analysis in dif12 ficult terrain and under adverse environ13 mental conditions; 

14 (vi) regional as well as urban and 

15 rural variation in border security meth16 odologies, and incorporation of natural 

17 barriers; 

18 (vii) enhanced cooperation with, and 

19 assistance to, intelligence, security, and 

20 law enforcement agencies in Mexico and 

21 Canada in detecting, reporting, analyzing, 

22 and successfully responding to unauthor23 ized or unlawful border crossings from or 

24 into Mexico or Canada; and 


tjames on DSK6SPTVN1PROD with BILLS
8 

•HR 547 IH

1 (viii) removal of obstructive non-native 

2 vegetation. 

3 (B) A comprehensive analysis of cost and 

4 other impacts of security measures assessed in 

5 subparagraph (A), including an assessment 

6 of— 

7 (i) land acquisition costs, including re8 lated litigation and other costs; 

9 (ii) construction costs, including both 

10 labor and material costs; 

11 (iii) maintenance costs over 25 years; 

12 (iv) contractor costs; 

13 (v) management and overhead costs; 

14 (vi) the impacts on soils, wildlife, wild15 life habitat, natural communities, and 

16 functioning cross-border wildlife migration 

17 corridors and hydrology (including water 

18 quantity, quality, and natural hydrologic 

19 flows) on Federal, tribal, State, local, and 

20 private lands along the border; 

21 (vii) costs of fully mitigating the ad22 verse impacts to Federal, tribal, State, 

23 local, and private lands, waters (including 

24 water quality, quantity, and hydrological 

25 flows), wildlife, and wildlife habitats, inVerDate Mar 15 2010 03:26 Feb 15, 2013 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H547.IH H547

tjames on DSK6SPTVN1PROD with BILLS
9 

•HR 547 IH

1 cluding, where such action is possible, the 

2 full costs of the replacement or restoration 

3 of severed wildlife migration corridors with 

4 protected corridors of equivalent biological 

5 functionality, as determined by each Sec6 retary concerned, in consultation with ap7 propriate authorities of tribal, State, and 

8 local governments and appropriate authori9 ties of Mexico and Canada; and 

10 (viii) the impacts on the economy, cul11 ture, safety, and quality of life on residents 

12 in the vicinity of the border. 

13 (C) A comprehensive compilation of the 

14 fiscal investments in acquiring or managing 

15 Federal, tribal, state, local, and private lands 

16 and waters in the vicinity of, or ecologically re17 lated to, the land borders of the United States 

18 that have been acquired or managed in whole or 

19 in part for conservation purposes (including the 

20 creation or management of protected wildlife 

21 migration corridors) in— 

22 (i) units of the National Park System; 

23 (ii) National Forest System land; 

24 (iii) land under the jurisdiction of the 

25 Bureau of Land Management; 


tjames on DSK6SPTVN1PROD with BILLS
10 

•HR 547 IH

1 (iv) land under the jurisdiction of the 

2 United States Fish and Wildlife Service; 

3 (v) other relevant land under the ju4 risdiction of the Department of the Inte5 rior or the Department of Agriculture; 

6 (vi) land under the jurisdiction of the 

7 Department of Defense or the individual 

8 military department; 

9 (vii) land under the jurisdiction of the 

10 Department of Commerce; 

11 (viii) tribal lands; 

12 (ix) State and private lands; and 

13 (x) lands within Mexico and Canada. 

14 (D) Recommendations for strategic border 

15 security management based on comparative se16 curity as detailed in subparagraph (A), the 

17 cost-benefit analysis as detailed in subpara18 graph (B), as well as protection of investments 

19 in public lands specified in subparagraph (C). 

20 (3) TRAINING.— 

21 (A) REQUIRED TRAINING.—The Secretary, 

22 in cooperation with the Secretary concerned, 

23 shall provide— 

24 (i) natural resource protection train25 ing for Customs and Border Protection 


tjames on DSK6SPTVN1PROD with BILLS
11 

•HR 547 IH

1 agents or other Federal personnel assigned 

2 to plan or oversee the construction or oper3 ation of border security tactical infrastruc4 ture or to patrol land along or in the vicin5 ity of a land border of the United States; 

6 and 

7 (ii) cultural resource training for Cus8 toms and Border Protection agents and 

9 other Federal personnel assigned to plan 

10 or oversee the construction or operation of 

11 border security tactical infrastructure or to 

12 patrol tribal lands. 

13 (B) ADDITIONAL CONSIDERATIONS.—In 

14 developing and providing training under clause 

15 (i) of subparagraph (A), the Secretary shall co16 ordinate with the Secretary concerned and the 

17 relevant tribal government to ensure that such 

18 training is appropriate to the mission of the rel19 evant agency and is focused on achieving border 

20 security objectives while avoiding or minimizing 

21 the adverse impact on natural and cultural re22 sources resulting from border security tactical 

23 infrastructure, operations, or other activities. 


tjames on DSK6SPTVN1PROD with BILLS
12 

•HR 547 IH

1 SEC. 6. ACTIONS TO SECURE THE INTERNATIONAL LAND 

2 BORDERS OF THE UNITED STATES. 

3 (a) IN GENERAL.—Section 102 of the Illegal Immi4 gration Reform and Immigrant Responsibility Act of 1996 

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

6 to read as follows: 

7 ‘‘SEC. 102. IMPROVEMENT OF BORDER SECURITY. 

8 ‘‘(a) IN GENERAL.—The Secretary of Homeland Se9 curity shall take such actions as may be required to secure 

10 the international land borders of the United States. Such 

11 actions may be taken only in accordance with the border 

12 protection strategy developed under section 5(a) of the 

13 Border Security and Responsibility Act of 2013. 

14 ‘‘(b) PRIORITY OF METHODS.—In carrying out the 

15 requirements of subsection (a), the Secretary of Homeland 

16 Security shall, where practicable, give first priority to the 

17 use of remote cameras, sensors, removal of non-native 

18 vegetation, incorporation of natural barriers, additional 

19 manpower, unmanned aerial vehicles, or other low impact 

20 border enforcement techniques. 

21 ‘‘(c) CONSULTATION.— 

22 ‘‘(1) IN GENERAL.—In carrying out this sec23 tion, the Secretary of Homeland Security shall con24 sult with the Secretary of the Interior, the Secretary 

25 of Agriculture, the Secretary of Defense, the Sec26 retary of Commerce, States, local governments, tribVerDate Mar 15 2010 03:26 Feb 15, 2013 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H547.IH H547

tjames on DSK6SPTVN1PROD with BILLS
13 

•HR 547 IH

1 al governments, and private property owners in the 

2 United States to minimize the impact on the envi3 ronment, culture, commerce, safety, and quality of 

4 life for the communities and residents located near 

5 the sites at which actions under subsection (a) are 

6 proposed to be taken. 

7 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

8 this subsection may be construed to— 

9 ‘‘(A) create or negate any right of action 

10 for a State, local government, tribal govern11 ment, or other person or entity affected by this 

12 subsection; 

13 ‘‘(B) affect the eminent domain laws of the 

14 United States or of any State; or 

15 ‘‘(C) waive the application of any other ap16 plicable Federal, State, local, or tribal law. 

17 ‘‘(3) LIMITATION ON REQUIREMENTS.—Not18 withstanding subsection (a), nothing in this section 

19 shall require the Secretary of Homeland Security to 

20 install fencing, physical barriers, roads, lighting, 

21 cameras, or sensors in a particular location along an 

22 international border of the United States if the Sec23 retary determines that the use or placement of such 

24 resources is not the most effective and appropriate 

25 means to secure the international border at such loVerDate Mar 15 2010 03:26 Feb 15, 2013 Jkt 029200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H547.IH H547

tjames on DSK6SPTVN1PROD with BILLS
14 

•HR 547 IH

1 cation, or if the Secretary determines that the direct 

2 and indirect costs of or the impacts on the environ3 ment, culture, commerce, safety, or quality of life for 

4 the communities and residents along the border like5 ly to result from the use or placement of such re6 sources outweigh the benefits of such use or place7 ment.’’. 

8 (b) PRECONDITIONS.—In fulfilling the requirements 

9 of section 102 of the Illegal Immigration Reform and Im10 migrant Responsibility Act of 1996, as amended by sub11 section (a) of this section, the Secretary of Homeland Se12 curity shall not commence any construction of fencing, 

13 physical barriers, roads, lighting, cameras, sensors, or 

14 other tactical infrastructure along or in the vicinity of an 

15 international land border of the United States, or award 

16 or expend funds pursuant to any contract or other agree17 ment related thereto, prior to 90 days following the sub18 mission to Congress of the border protection strategy re19 quired under section 5(a) of this Act. 

20 SEC. 7. BORDERLANDS MONITORING AND MITIGATION. 

21 (a) IN GENERAL.—The Secretary, in consultation 

22 with the Secretary of the Interior, the Secretary of Agri23 culture, the Secretary of Defense, the Secretary of Com24 merce, and the heads of appropriate State and tribal wild25 life agencies and entities, shall develop and implement a 


tjames on DSK6SPTVN1PROD with BILLS
15 

•HR 547 IH

1 comprehensive monitoring and mitigation plan to address 

2 the ecological and environmental impacts of border secu3 rity infrastructure, measures, and activities along the 

4 international land borders of the United States. 

5 (b) REQUIREMENTS.—The mitigation plan required 

6 under subsection (a) shall include, at a minimum, meas7 ures to address and mitigate the full range of ecological 

8 and environmental impacts of border security infrastruc9 ture, measures, and activities, including— 

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

11 restoring wildlife migration corridors, key habitats, 

12 and the ecologically functional connectivity between 

13 and among key habitats sufficient to ensure that 

14 species (whether or not designated as rare, pro15 tected, or of concern) remain viable and are able to 

16 adapt to the impacts of climate change; 

17 (2) addressing control of invasive species and 

18 implementing measures necessary to avoid the 

19 spread of such species; 

20 (3) maintaining hydrological functionality, in21 cluding water quantity and quality; 

22 (4) incorporating adaptive management, includ23 ing detailed provisions for long-term monitoring of 

24 the mitigation plan’s effectiveness and for necessary 


tjames on DSK6SPTVN1PROD with BILLS
16 

•HR 547 IH

1 adjustments to such plan based on such monitoring 

2 results; and 

3 (5) protection of cultural and historical re4 sources. 

5 (c) PREEMPTION.— 

6 (1) IN GENERAL.—Notwithstanding any other 

7 provision of law, the Secretary may, subject to para8 graph (2), carry out the mitigation plan required 

9 under subsection (a) on any Federal, State, local, 

10 tribal, or private lands in the vicinity of or eco11 logically related to an international land border of 

12 the United States regardless of which individual, 

13 agency, or entity has ownership of or principal re14 sponsibility for the management of any such lands. 

15 (2) CONDITIONS.—Activities carried out pursu16 ant to paragraph (1) in connection with the mitiga17 tion plan shall be carried out in full consultation 

18 with, and with the concurrence of, the owner of, or 

19 entity with principal responsibility for, the manage20 ment of the lands described in such paragraph. 

21 (d) ADMINISTRATION.— 

22 (1) AUTHORIZATION.—The Secretary of Home23 land Security may transfer funds of the Department 

24 of Homeland Security to other Federal agencies 

25 for— 


tjames on DSK6SPTVN1PROD with BILLS
17 

•HR 547 IH

1 (A) expenditure under programs (including 

2 any international programs) of such agencies 

3 that are designed to fund conservation related 

4 activities (directly or through grants or similar 

5 mechanisms) on non-Federal lands, including 

6 land acquisition programs; and 

7 (B) mitigation activities on Federal lands 

8 managed by such agencies, if such activities are 

9 required to implement the mitigation plan re10 quired under subsection (a) and if the costs of 

11 such activities are higher than the costs associ12 ated with managing such lands in the absence 

13 of such activities. 

14 (2) EXEMPTION FROM REPROGRAMMING RE15 QUIREMENTS.—Funds transferred pursuant to the 

16 authorization under paragraph (1) shall not be sub17 ject to reprogramming requirements. 

18 (3) ACCEPTANCE AND USE OF DONATIONS.— 

19 The Secretary may accept and use donations for the 

20 purpose of developing and implementing the mitiga21 tion plan required under subsection (a), and may 

22 transfer such funds to any other Federal agency for 

23 expenditure under such plan pursuant to paragraph 

24 (1). 


tjames on DSK6SPTVN1PROD with BILLS
18 

•HR 547 IH

1 (e) AUTHORIZATION OF APPROPRIATIONS.—Notwith2 standing any other provision of law, funds appropriated 

3 to the Department of Homeland Security for border secu4 rity infrastructure and activities may be used by the Sec5 retary to develop and implement the mitigation plan re6 quired under subsection (a). 

Æ 


tjames on DSK6SPTVN1PROD with BILLS