vehicle barriers, roads, lighting, cameras, sensors, or 
other surveillance and barrier tools as necessary—’’; 
(2) in subparagraph (B)(i), by striking ‘‘2007’’ 
and inserting ‘‘2008’’; and 
(3) by adding after subparagraph (C) the fol-
lowing new subparagraph: 
‘‘(D) MANNER
OF
CONSTRUCTION.—In 
carrying out the requirements of subsection (a), 
the Secretary of Homeland Security shall, 
where practicable, prioritize the use of un-
manned aerial vehicles, remote cameras, sen-
sors, vehicle barriers, or other low impact bor-
der enforcement techniques on lands under the 
jurisdiction of the Secretary of Agriculture, the 
Secretary of the Interior, or other Federal 
agencies.’’. 
(b) APPLICABILITY
OF EXISTING LAWS.—Section 
102(c) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1103 note), is re-
pealed. 
(c) FEDERAL LANDS.—In fulfilling the requirements 
of section 102(b)(1) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 as amended by 
subsection (a), the Secretary of Homeland Security shall 
not commence any construction of fencing on any lands 
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under the jurisdiction of the Secretary of Agriculture or 
the Secretary of the Interior prior to the submission to 
Congress by the Secretary of Homeland Security of the 
Border Protection Strategy mandated by section 4(a) of 
this Act. 
SEC. 6. BORDERLANDS CONSERVATION FUND. 
(a) IN GENERAL.—The Secretary shall— 
(1) establish a program to provide financial as-
sistance for projects consistent with the goal of im-
proved management of ecologically sensitive or listed 
species, improved wildlife habitat to aid in the man-
agement of these species, and mitigating the impacts 
of border enforcement, human and drug smuggling, 
and unauthorized immigration on these species, 
pending approval of project applications; and 
(2) subject to the availability of funds, award 
grants to eligible organizations to promote conserva-
tion of these species. 
(b) DEFINITIONS.— 
(1) In this section: 
(A) CONSERVATION.—The term ‘‘conserva-
tion’’ means the use of methods and procedures 
necessary to prevent the diminution of, and to 
sustain viable populations of species that occur 
in the United States—Mexico borderlands. This 
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includes all activities associated with the protec-
tion and management of wildlife species of the 
borderland region and with the protection of the 
habitat upon which they depend. 
(B) FUND.—The term ‘‘fund’’ means the 
Borderland Conservation Fund established in 
this section. 
(C) SECRETARY.—The term ‘‘Secretary’’ 
means the Secretary of the Interior. 
(c) PROJECT PROPOSALS.— 
(1) SUBMISSION
OF
PROPOSALS.—A proposal 
for a project for the conservation of species identi-
fied in this Act may be submitted to the Secretary 
by— 
(A) any local wildlife management author-
ity in the United States or Mexico; and 
(B) any person or non-governmental orga-
nization with the demonstrated ability and ex-
perience working with the taxa for which a pro-
posal is submitted. 
(2) ELEMENTS.—A proposal submitted under 
paragraph (1) shall contain the following elements: 
(A) A concise statement of the proposed 
action that includes a statement of need and 
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benefits to the species to be achieved by the 
project proposal. 
(B) An outline of methods to be used to 
accomplish the tasks outlined in the project 
proposal. 
(C) The name of the project applicant and 
their affiliation. 
(D) An estimate of the cost and time 
frame for project completion. 
(E) Identification of all mechanisms to en-
sure local involvement in the project. 
(F) Assurances that the project has re-
ceived endorsement of the responsible wildlife 
management authority and other appropriate 
authorities. 
(G) Information on the source and amount 
of any matching funds to be used for comple-
tion of the project. 
(d) PROJECT REVIEW AND APPROVAL.—The Sec-
retary shall— 
(1) establish a protocol for soliciting and re-
viewing proposals for Borderland Conservation Fund 
monies; and 
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(2) within the framework established by the 
Secretary, call for proposals in all years when funds 
are available in the Borderland Conservation Fund. 
(e) CRITERIA FOR APPROVAL.—To be eligible for ap-
proval, a project must enhance conservation of wildlife 
species and their habitat by assisting efforts to— 
(1) develop sound scientific information on— 
(A) population trends for approved wildlife 
species; 
(B) identification of threats to wildlife pop-
ulations or the habitat upon which they depend, 
particularly due to border security measures, 
construction, enforcement, or illegal activity; 
and 
(C) identification of methods to improve 
habitat conditions or to improve the status of 
the wildlife species, particularly those impacted 
by border security measures, construction, en-
forcement, or illegal activity; 
(2) implement species or habitat conservation 
plans; 
(3) promote cooperation among local citizens, 
wildlife and habitat management agencies, and non-
governmental organizations in programs that would 
be approved under this Act; and 
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(4) build local capacity to implement scientif-
ically sound wildlife or habitat management pro-
grams. 
(f) MATCHING FUNDS.—In determining whether to 
approve project proposals under this section, the Secretary 
shall give preference to projects with matching non-Fed-
eral funds. 
(g) PROJECT REPORTING.— 
(1) RECIPIENT
REPORTS.—In any year for 
which a recipient is awarded funds under this Act, 
the recipient shall submit a report to the Secretary 
that outlines significant accomplishments of the 
project, significant deviations from the approved 
project proposal, and financial expenditures related 
to the project for that year. 
(2) SECRETARIAL
REPORTS.—The Secretary 
shall submit an annual report to Congress outlining 
accomplishments under this Act related to the im-
proved conservation of borderland resources. 
(h) ESTABLISHMENT.—There is established in the 
Multinational Species Conservation Fund a separate ac-
count to be known as the ‘‘Borderland Conservation 
Fund’’ consisting of— 
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(1) amounts transferred to the Secretary of the 
Treasury for deposit into the Borderland Conserva-
tion Fund; 
(2) amounts appropriated to the fund; and 
(3) any interest earned on investments from 
funds held within the fund. 
(i) EXPENDITURES FROM THE FUND.— 
(1) IN GENERAL.—Subject to paragraph (2), 
upon request by the Secretary, the Secretary of the 
Treasury shall transfer from the Borderland Con-
servation Fund to the Secretary, without further ap-
propriation, such amounts as the Secretary deter-
mines necessary to carry out projects under this Act. 
(2) 
ADMINISTRATIVE
EXPENSES.—Of 
the 
amounts in the account available for each fiscal 
year, the Secretary may expend not more than 3 
percent or $80,000, whichever is greater, of the fund 
balance annually to pay the administrative expenses 
necessary to carry out this Act. 
(3) FOCUS.—Not less than 30 percent of the 
amounts made available to the fund for each fiscal 
year shall be expended for projects carried out in 
Mexico. 
(j) INVESTMENTS OF AMOUNTS.— 
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(1) IN GENERAL.—The Secretary of the Treas-
ury shall invest amounts in the fund that are not, 
in the judgment of the Secretary of the Treasury, 
required to meet withdrawals. Investments may be 
made only in interest-bearing obligations of the 
United States. 
(2) ACQUISITIONS OF OBLIGATIONS.—For the 
purpose of investments under paragraph (1), obliga-
tions may be acquired— 
(A) on original issue at the issue price; or 
(B) by purchase of outstanding obligations 
at the market price. 
(3) SALE OF OBLIGATIONS.—Any obligation ac-
quired by the fund may be sold by the Secretary of 
the Treasury at the market price. 
(4) CREDITS TO FUND.—The interest on, and 
the proceeds from the sale or redemption of, any ob-
ligations held in the fund shall be credited to and 
form a part of the fund. 
(k) TRANSFERS OF AMOUNTS.— 
(1) IN GENERAL.—The amounts required to be 
transferred to the fund under this section shall be 
transferred at least monthly from the general fund 
of the Treasury to the fund on the basis of estimates 
made by the Secretary of the Treasury. 
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(2) ADJUSTMENTS.—Proper adjustment shall 
be made in amounts subsequently transferred to the 
extent prior estimates were in excess of or less than 
the amounts required to be transferred. 
(l) ACCEPTANCE
AND USE
OF DONATIONS.—The 
Secretary may accept and use donations to provide assist-
ance under section 4. Amounts received by the Secretary 
in the form of donations shall be transferred to the Sec-
retary of the Treasury for deposit into the Fund. 
(m) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to the fund through the 
Secretary $5,000,000 for each of fiscal years 2009 
through 2013. 
Æ 
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