To prohibit the Secretaries of the Interior and Agriculture from taking action on Federal lands that impede border security on such lands, and for other purposes.

To prohibit the Secretaries of the Interior and Agriculture from taking action on Federal lands that impede border security on such lands, and for other purposes. 1. 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 The Secretary of the Interior or the Secretary of Agriculture shall not 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, 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 the international land borders of the United States. (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, and other contraband through the international land borders of the United States: (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 limited to the Wilderness Act ( 16 U.S.C. 1131 et seq. 42 U.S.C. 4321 et seq. Public Law 86–523 16 U.S.C. 469 et seq. Antiquities Act of 1906 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. 16 U.S.C. 1a–1 et seq. Public Law 95–625 16 U.S.C. 1132 (e) Protection of legal uses This section shall 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: National Security and Federal Lands Protection Act - Prohibits the Secretary of the Interior or the Secretary of Agriculture (USDA) from prohibiting or restricting U.S. Customs and Border Protection (CBP) activities on federal land under their respective jurisdictions, located within 100 miles of an international land border, to: (1) execute search and rescue operations, and (2) prevent all unlawful entries into the United States through the international land borders of the United States. Grants CBP access to such lands to conduct the following activities: (1) road and barrier construction and maintenance; (2) use of patrol vehicles; (3) installation, maintenance, and operation of surveillance equipment and sensors; and (4) deployment of temporary tactical infrastructure. Provides that a waiver by the Secretary of Homeland Security (DHS) of specified laws regarding sections of the international border between the United States and Mexico and between the United States and Canada shall apply to all land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture within 100 miles of the international land borders of the United States with respect to CBP activities under this Act. States that this Act shall not be construed to restrict legal use (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. States that: (1) this Act shall have no effect on state or private lands, and shall not provide authority on or access to state or private lands; and (2) nothing in this Act supersedes, replaces, negates, or diminishes treaties or other agreements between the United States and Indian tribes.