FACE Act

To ensure the receipt of required compensation before physical possession by the Federal Government of any land subject to the use of eminent domain for the construction of United States border infrastructure and to provide for a consultation process prior to acquiring land for border infrastructure. 1. Short title This Act may be cited as the Full Fair and Complete Exchange Act FACE Act 2. Receipt of compensation required for use of eminent domain for construction of border infrastructure Notwithstanding section 3114 of title 40, United States Code, or section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1103 Public Law 104–208 (1) in the case of private land— (A) all persons or entities entitled to compensation for the acquisition have received the entire full fair market value amount of compensation due on the date of acquisition of the private land; and (B) all relevant court proceedings described in section 3114(a) of title 40, United States Code, have been— (i) completed; and (ii) terminated by the court; (2) in the case of State land (including State land in the vicinity of a unit of the National Wildlife Refuge System, a unit of the National Park System, or Tribal land or in the vicinity of a historic district or a State park)— (A) the requirements of subparagraphs (A) and (B) of paragraph (1) have been met; and (B) all relevant stakeholders have been consulted on the acquisition, including— (i) any State agencies that manage the State land; (ii) any State agencies that administer the use of resources on the State land; (iii) any permittees, leaseholders, and other users of the State land; and (iv) any individuals, communities, and Tribes that could be impacted by the construction of the structure on the State land, as determined by the Secretary; and (3) in the case of Tribal land— (A) the requirements of subparagraphs (A) and (B) of paragraph (1) have been met; and (B) all relevant Tribal stakeholders have been consulted and have approved the acquisition. 3. Consultation required prior to acquisition of land for construction of border infrastructure (a) In general Before implementing any plan to acquire private land, State land, or Tribal land on which the Secretary of Homeland Security (referred to in this section as the Secretary (1) any owners of the parcels of land proposed to be acquired; (2) any State agencies that manage the applicable land; (3) any other State agencies that administer the use of resources on the applicable land; (4) any permittees, leaseholders, and other users of the applicable land; and (5) any individuals, communities, or Tribes that could be impacted by the construction of the structure on the applicable land, as determined by the Secretary. (b) Public meetings The Secretary shall conduct 2 public meetings located within 100 miles of each parcel of private land, State land, or Tribal land subject to potential acquisition under subsection (a), subject to the requirements that— (1) the first public meeting shall be conducted at the beginning of the consultation process under subsection (a)— (A) to inform any landowner or entity, as described in subsection (a)(1), of the intent of the Secretary to acquire the land from the landowner; and (B) to receive comments and input regarding the proposed acquisition; and (2) the second public meeting shall be conducted at the end of the consultation process under subsection (a) to inform any landowner or entity, as described in subsection (a)(1), of— (A) the decision of the Secretary relating to the proposed acquisition; and (B) (i) any changes to the acquisition plan to address issues raised during the consultation process; or (ii) any reasons for not making changes to the acquisition plan to address issues raised during the consultation process. (c) Final plans; transparency Before beginning construction of a temporary or permanent structure described in subsection (a), the Secretary shall— (1) give significant weight to the opinions and information presented to the Secretary during the consultation process conducted under that subsection; and (2) publish in the Federal Register information describing— (A) ways in which the final plan of the Secretary for acquiring the land or constructing the structure was modified as a result of the consultation process conducted under that subsection; and (B) ways in which the final plan of the Secretary for acquiring the land or constructing the structure was not modified as a result of valid concerns raised to the proposed modifications during the consultation process conducted under that subsection.

Summary: Full Fair and Complete Exchange Act or the FACE Act This bill requires the federal government to compensate land owners the full fair market value for land seized for the construction of any barrier or related infrastructure at the U.S.-Mexico border. The government shall not take possession of such land before the compensation has been received and all relevant court proceedings have been completed. For tribal land, the government shall secure the approval of all relevant tribal stakeholders before taking possession. The bill also imposes various consultation and public meeting requirements related to such land acquisitions.