II 

Calendar No. 243 

114TH CONGRESS 

1ST SESSION S. 750 

[Report No. 114–150] 

To achieve border security on certain Federal lands along the Southern 

border. 

IN THE SENATE OF THE UNITED STATES 

MARCH 17, 2015 

Mr. MCCAIN (for himself and Mr. FLAKE) introduced the following bill; which 

was read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

OCTOBER 1, 2015 

Reported by Mr. JOHNSON, with an amendment 

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

A BILL 

To achieve border security on certain Federal lands along 

the Southern border. 

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 ‘‘Arizona Borderlands 

5 Protection and Preservation Act’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) BORDER SECURITY.—The term ‘‘border se4 curity’’ means— 

5 (A) the functioning and operational capa6 bility to conduct continuous and integrated 

7 manned or unmanned, monitoring, sensing, or 

8 surveillance of 100 percent of Southern border 

9 mileage or the immediate vicinity of the South10 ern border; and 

11 (B) the apprehension or turn back of all il12 legal entries across the Southern border during 

13 a fiscal year. 

14 (2) FEDERAL LANDS.—The term ‘‘Federal 

15 lands’’ includes all land under the control of the Sec16 retary concerned that is located within the South17 west border region in the Tucson and Yuma sectors 

18 of United States Border Patrol along the Southern 

19 border. 

20 (3) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of Homeland Security. 

22 (4) SECRETARY CONCERNED.—The term ‘‘Sec23 retary concerned’’ means— 

24 (A) with respect to land under the jurisdic25 tion of the Secretary of Agriculture, the Sec26 retary of Agriculture; and 


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1 (B) with respect to land under the jurisdic2 tion of the Secretary of the Interior, the Sec3 retary of the Interior. 

4 (5) SOUTHERN BORDER.—The term ‘‘Southern 

5 border’’ means the international border between the 

6 United States and Mexico. 

7 SEC. 3. SUPPORT FOR BORDER SECURITY NEEDS. 

8 (a) IN GENERAL.—To achieve border security on 

9 Federal lands— 

10 (1) the Secretary and the Secretary concerned, 

11 notwithstanding any other provision of law, shall 

12 provide U.S. Customs and Border Protection per13 sonnel with immediate access to Federal lands for 

14 border security activities, including— 

15 (A) routine motorized patrols; and 

16 (B) the deployment of communications, 

17 surveillance, and detection equipment; and 

18 (2) the Secretary concerned may provide edu19 cation and training to U.S. Customs and Border 

20 Protection personnel on the natural and cultural re21 sources present on individual Federal land units. 

22 (b) INTERMINGLED STATE AND PRIVATE LAND.— 

23 Subsection (a) shall not apply to any private or State24 owned land within the boundaries of Federal lands. 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Arizona Borderlands 

3 Protection and Preservation Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) BORDER SECURITY.—The term ‘‘border secu7 rity’’ means— 

8 (A) the functioning and operational capa9 bility to conduct continuous and integrated 

10 manned or unmanned, monitoring, sensing, or 

11 surveillance of 100 percent of Southern border 

12 mileage within the Tucson and Yuma sectors or 

13 the immediate vicinity of the Southern border 

14 within the Tucson and Yuma Sectors; and 

15 (B) the apprehension or turn back of illegal 

16 entries across the Southern border in the Tucson 

17 and Yuma sectors. 

18 (2) FEDERAL LANDS.—The term ‘‘Federal lands’’ 

19 includes all land under the control of the Secretary 

20 concerned that is located— 

21 (A) within 100 miles of the international 

22 border between the United States and Mexico; 

23 and 

24 (B) within the Tucson and Yuma sectors of 

25 United States Border Patrol. 


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1 (3) SECRETARY CONCERNED.—The term ‘‘Sec2 retary concerned’’ means— 

3 (A) with respect to land under the jurisdic4 tion of the Secretary of Agriculture, the Sec5 retary of Agriculture; and 

6 (B) with respect to land under the jurisdic7 tion of the Secretary of the Interior, the Sec8 retary of the Interior. 

9 SEC. 3. SUPPORT FOR BORDER SECURITY NEEDS. 

10 (a) IN GENERAL.—To achieve border security on Fed11 eral lands— 

12 (1) notwithstanding any other provision of law, 

13 the Secretary concerned shall provide U.S. Customs 

14 and Border Protection personnel with immediate ac15 cess to Federal lands for border security activities, in16 cluding— 

17 (A) routine motorized patrols; and 

18 (B) the deployment of communications, sur19 veillance, and detection equipment; 

20 (2) the Secretary concerned may provide edu21 cation and training to U.S. Customs and Border Pro22 tection personnel on the natural and cultural re23 sources present on individual Federal land units; and 

24 (3) the security activities described in paragraph 

25 (1) shall be conducted, to the maximum extent pracVerDate Sep 11 2014 00:06 Oct 02, 2015 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\S750.RS S750

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1 ticable, in a manner that the Secretary of Homeland 

2 Security determines will best protect the natural and 

3 cultural resources on Federal lands. 

4 (b) INTERMINGLED STATE AND PRIVATE LAND.—Sub5 section (a) shall not apply to any private or State-owned 

6 land within the boundaries of Federal lands. 

7 (c) SUNSET.—The requirements under this section 

8 shall terminate on the date that is 4 years after the date 

9 of the enactment of this Act. 

10 SEC. 4. REPORT. 

11 Not later than 90 days before the date on which the 

12 requirements under section 3 are scheduled to terminate, 

13 the Comptroller General of the United States shall submit 

14 a report to the appropriate congressional committees that 

15 includes— 

16 (1) an analysis of the effectiveness of the actions 

17 taken pursuant to such section, including the impact 

18 of such actions on— 

19 (A) border security activities; and 

20 (B) the natural and cultural resources on 

21 impacted Federal lands; 

22 (2) an assessment of the 2006 Memos of Under23 standing between the Department of Homeland Secu24 rity, the Department of Agriculture, and the Sec25 retary of the Interior regarding access to Federal and 


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1 Indian lands for border security activities, includ2 ing— 

3 (A) how such memoranda, as in force on the 

4 date of the enactment of this Act, impacted bor5 der security activities; 

6 (B) the best way to improve such memo7 randa and their application; 

8 (C) specific ways in which such memoranda 

9 could be used to ensure that the Department of 

10 Homeland Security receives timely access to Fed11 eral lands for critical border security activities; 

12 and 

13 (D) the number of agency personnel re14 quired to effectively and efficiently execute such 

15 memoranda; 

16 (3) a sector-by-sector analysis of the expected im17 pact of applying the requirements under section 3 to 

18 the entire land border of the United States, includ19 ing— 

20 (A) an assessment of— 

21 (i) how border security activities and 

22 natural, cultural, and historic resources on 

23 Federal and Indian lands would be im24 pacted, including the potential impact on 

25 wildlife, including endangered species; 


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1 (ii) any actions the Department of 

2 Homeland Security would need to take to 

3 mitigate the impact of border security ac4 tions, including the estimated costs of such 

5 actions; and 

6 (iii) whether lack of access hinders bor7 der security; and 

8 (B) an examination of the impact of pro9 viding the Department of Homeland Security 

10 with increased access to Federal and Indian 

11 lands located within— 

12 (i) 25 miles of the United States bor13 der; 

14 (ii) 50 miles of the United States bor15 der, or 

16 (iii) 100 miles of the United States 

17 border; and 

18 (4) a sector-by-sector analysis of— 

19 (A) the costs incurred by each Secretary 

20 concerned relating to managing and mitigating 

21 for illegal border activity on Federal lands, in22 cluding the cost of restoring natural resources 

23 that were damaged by illegal border activity; 


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1 (B) the impact of illegal traffic on wildlife, 

2 including endangered species and critical habi3 tat; and 

4 (C) the impact of illegal traffic on natural, 

5 cultural, and historic resources on Federal lands. 


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Calendar No. 243 

114TH CONGRESS 

1ST SESSION S. 750 

[Report No. 114–150] 

A BILL 

To achieve border security on certain Federal lands 

along the Southern border. 

OCTOBER 1, 2015 

Reported with an amendment 


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