Secure Fence Restoration Act of 2015

To require fencing along and operational control of the southwest border, and for other purposes. 1. Short title This Act may be cited as the Secure Fence Restoration Act of 2015 2. Fencing along and operational control of the southwest border (a) Fencing Paragraph (1) of section 102(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1103 (1) in subparagraph (A), by inserting , not later than December 31, 2017, construct (2) in subparagraph (B)— (A) in clause (i), by striking 370 miles, or other mileage determined by the Secretary, whose authority to determine other mileage shall expire on December 31, 2008, areas (B) in clause (ii), by striking 2008 2017 (3) by striking subparagraph (D). (b) Operational control Subsection (a) of section 2 of the Secure Fence Act of 2006 ( 8 U.S.C. 1701 Public Law 109–367 (1) by striking 18 months after the date of the enactment of this Act, December 31, 2017, (2) by inserting , in consultation with State and local officials along the international border between the United States and Mexico, including governors of border States, mayors of border towns and cities, and border sheriffs, shall 3. Prohibition on actions that impede border security on certain federal land (a) Short title This section may be cited as the National Security and Federal Lands Protection Act (b) Prohibition on Secretaries of the Interior and Agriculture Neither the Secretary of the Interior or the Secretary of Agriculture may impede, prohibit, or restrict activities of U.S. Customs and Border Protection on Federal land located within 100 miles of an international land border that is under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture, as the case may be, to execute search and rescue operations and to prevent all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband through such border. (c) Authorized activities of U.S. Customs and Border Protection U.S. Customs and Border Protection shall have immediate access to Federal land within 100 miles of the international land border under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture for purposes of conducting the following activities on such land that prevent all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, or other contraband through such border: (1) Construction and maintenance of roads. (2) Construction and maintenance of barriers. (3) Use of vehicles to patrol, apprehend, or rescue. (4) Installation, maintenance, and operation of communications and surveillance equipment and sensors. (5) Deployment of temporary tactical infrastructure. (d) Clarification relating to waiver authority (1) In general Notwithstanding any other provision of law (including any termination date relating to the waiver referred to in this subsection), the waiver by the Secretary of Homeland Security on April 1, 2008, under section 102(c)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1103 Public Law 104–208 (2) Description of laws waived The laws referred to in paragraph (1) are the Wilderness Act ( 16 U.S.C. 1131 et seq. 42 U.S.C. 4321 et seq. 16 U.S.C. 1531 et seq. 16 U.S.C. 470 et seq. Public Law 86–523 16 U.S.C. 469 et seq. Antiquities Act of 1906 16 U.S.C. 431 et seq. 16 U.S.C. 1271 et seq. 43 U.S.C. 1701 et seq. 16 U.S.C. 668dd et seq. 16 U.S.C. 742a et seq. 16 U.S.C. 661 et seq. Administrative Procedure Act 16 U.S.C. 1 et seq. Public Law 91–383 16 U.S.C. 1a–1 et seq. Public Law 95–625 16 U.S.C. 1132 Public Law 101–628 (e) Protection of legal uses This section may not be construed to provide— (1) authority to restrict legal uses, such as grazing, hunting, mining, or public-use recreational and backcountry airstrips on land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture; or (2) any additional authority to restrict legal access to such land. (f) Effect on State and private land This Act shall— (1) have no force or effect on State or private lands; and (2) not provide authority on or access to State or private lands. (g) Tribal sovereignty Nothing in this section supersedes, replaces, negates, or diminishes treaties or other agreements between the United States and Indian tribes.

Summary: Secure Fence Restoration Act of 2015 This bill amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 with respect to construction of border fencing and road improvements to direct the Department of Homeland Security (DHS) to complete the required 700-mile southwest border fencing and priority-area fencing by December 31, 2017. The Secure Fence Act of 2006 is amended to direct DHS, in consultation with state and local officials along the U.S.-Mexico border, to achieve operational control over U.S. international land and maritime borders by December 31, 2017. National Security and Federal Lands Protection Act Neither the Department of the Interior nor the Department of Agriculture may prohibit or restrict U.S. Customs and Border Protection (CBP) activities on federal land under their respective jurisdictions within 100 miles of an international land border to: execute search and rescue operations; and prevent unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband through such border. CBP shall have access to such lands to conduct: (1) road and barrier construction and maintenance, (2) vehicular patrols, (3) surveillance activities, and (4) deployment of temporary tactical infrastructure.