I 
112TH CONGRESS 
1ST SESSION H. R. 1505 
To prohibit the Secretaries of the Interior and Agriculture from taking action 
on public lands which impede border security on such lands, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 13, 2011 
Mr. BISHOP of Utah (for himself, Mr. KING of New York, Mr. HASTINGS of 
Washington, Mr. SMITH of Texas, and Mr. CARTER) introduced the fol-
lowing bill; which was referred to the Committee on Natural Resources, 
and in addition to the Committees on Agriculture and Homeland Secu-
rity, for a period to be subsequently determined by the Speaker, in each 
case for consideration of such provisions as fall within the jurisdiction of 
the committee concerned 
A BILL 
To prohibit the Secretaries of the Interior and Agriculture 
from taking action on public lands which impede border 
security on such lands, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Security and 
Federal Lands Protection Act’’. 
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SEC. 2. PROHIBITION ON IMPEDING CERTAIN ACTIVITIES 
OF THE SECRETARY OF HOMELAND SECU-
RITY RELATED TO BORDER SECURITY. 
(a) IN GENERAL.—The Secretary of the Interior or 
the Secretary of Agriculture shall not impede, prohibit, or 
restrict activities of the Secretary of Homeland Security 
on land under the jurisdiction of the Secretary of the Inte-
rior or the Secretary of Agriculture to achieve operational 
control (as defined in section 2(b) of the Secure Fence 
Act of 2006 (8 U.S.C. 1701 note; Public Law 109–367)) 
over the international land and maritime borders of the 
United States. 
(b) AUTHORIZED ACTIVITIES.—The Secretary of 
Homeland Security shall have immediate access to any 
public land managed by the Federal Government (includ-
ing land managed by the Secretary of the Interior or the 
Secretary of Agriculture) for purposes of conducting ac-
tivities that assist in securing the border (including access 
to maintain and construct roads, construct a fence, use 
vehicles to patrol, and set up monitoring equipment). 
(c) CLARIFICATION RELATING TO WAIVER AUTHOR-
ITY.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law (including any termination date re-
lating to the waiver referred to in this subsection), 
the waiver by the Secretary of Homeland Security 
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on April 1, 2008, under section 102(c)(1) of the Ille-
gal Immigration Reform and Immigrant Responsi-
bility Act of 1996 (8 U.S.C. 1103 note; Public Law 
104–208) of the laws described in paragraph (2) 
with respect to certain sections of the international 
border between the United States and Mexico and 
between the United States and Canada shall be con-
sidered to apply to all sections of the international 
land and maritime borders of the United States 
within 100 miles of the international land and mari-
time borders of the United States for the activities 
of the Secretary of Homeland Security described in 
subsection (b), including the construction of infra-
structure, to achieve the operational control de-
scribed in subsection (a). 
(2) DESCRIPTION OF LAWS WAIVED.—The laws 
referred to in paragraph (1) are the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.), the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.), the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.), the National 
Historic Preservation Act (16 U.S.C. 470 et seq.), 
the Migratory Bird Treaty Act (16 U.S.C. 703 et 
seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), 
the Archaeological Resources Protection Act of 1979 
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(16 U.S.C. 470aa et seq.), the Safe Drinking Water 
Act (42 U.S.C. 300f et seq.), the Noise Control Act 
of 1972 (42 U.S.C. 4901 et seq.), the Solid Waste 
Disposal Act (42 U.S.C. 6901 et seq.), the Com-
prehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.), 
Public Law 86–523 (16 U.S.C. 469 et seq.), the Act 
of June 8, 1906 (commonly known as the ‘‘Antiq-
uities Act of 1906’’) (16 U.S.C. 431 et seq.), the Act 
of August 21, 1935 (16 U.S.C. 461 et seq.), the 
Wild and Scenic Rivers Act (16 U.S.C. 1271 et 
seq.), the Farmland Protection Policy Act (7 U.S.C. 
4201 et seq.), the Coastal Zone Management Act of 
1972 (16 U.S.C. 1451 et seq.), the Wilderness Act 
(16 U.S.C. 1131 et seq.), the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1701 et 
seq.), the National Wildlife Refuge System Adminis-
tration Act of 1966 (16 U.S.C. 668dd et seq.), the 
Fish and Wildlife Act of 1956 (16 U.S.C. 742a et 
seq.), the Fish and Wildlife Coordination Act (16 
U.S.C. 661 et seq.), subchapter II of chapter 5, and 
chapter 7, of title 5, United States Code (commonly 
known as the ‘‘Administrative Procedure Act’’), the 
Otay Mountain Wilderness Act of 1999 (Public Law 
106–145, 113 Stat. 1711), sections 102(29) and 
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103 of California Desert Protection Act of 1994 (16 
U.S.C. 410aaa et seq.), the National Park Service 
Organic Act (16 U.S.C. 1 et seq.), Public Law 91– 
383 (16 U.S.C. 1a–1 et seq.), sections 401(7), 403, 
and 404 of the National Parks and Recreation Act 
of 1978 (Public Law 95–625, 92 Stat. 3467), the 
Arizona Desert Wilderness Act of 1990 (16 U.S.C. 
1132 note; Public Law 101–628), section 10 of the 
Act of March 3, 1899 (33 U.S.C. 403), the Act of 
June 8, 1940 (16 U.S.C. 668 et seq.), (25 U.S.C. 
3001 et seq.), Public Law 95–341 (42 U.S.C. 1996), 
Public Law 103–141 (42 U.S.C. 2000bb et seq.), 
the Forest and Rangeland Renewable Resources 
Planning Act of 1974 (16 U.S.C. 1600 et seq.), and 
the Multiple-Use Sustained-Yield Act of 1960 (16 
U.S.C. 528 et seq.). 
Æ 
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