National Security and Federal Lands Protection Act

To prohibit certain actions that impede border security on certain Federal land, and for other purposes. 1. Short title This Act may be cited as the National Security and Federal Lands Protection Act 2. Prohibition on actions that impede border security on certain Federal land (a) 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. (b) 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. (c) 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. 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 (d) 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. (e) 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. (f) 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 This bill prohibits the Department of the Interior and the Department of Agriculture from restricting certain U.S. Customs and Border Protection (CBP) activities pertaining to border enforcement and addresses related issues. Specifically, neither department may impose restrictions on CBP actions taking place on federal land under their respective jurisdictions and located within 100 miles of an international border if the CBP actions involve search and rescue operations and the prevention of all unlawful entries into the United States. CBP shall have immediate access to such federal lands to conduct various activities, including the installation and maintenance of roads, barriers, and surveillance equipment. Furthermore, the Department of Homeland Security (DHS) may waive the application of certain legal requirements on such federal lands if DHS determines that the waiver is necessary to ensure the expeditious construction of border barriers and roads. DHS may waive only specified laws, including the National Environmental Policy Act of 1969, the National Historic Preservation Act, and certain provisions of the Administrative Procedure Act.