I 
111TH CONGRESS 
1ST SESSION H. R. 2076 
To provide for the establishment of a border protection strategy for the 
international land borders of the United States, to address the ecological 
and environmental impacts of border security infrastructure, measures, 
and activities along the international land borders of the United States, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 23, 2009 
Mr. GRIJALVA (for himself, Mr. BACA, Mr. BRADY of Pennsylvania, Mr. HIN-
CHEY, Mrs. CAPPS, Mr. BLUMENAUER, Mr. REYES, Ms. LINDA T. 
SA´NCHEZ of California, Mr. ORTIZ, and Ms. ROYBAL-ALLARD) introduced 
the following bill; which was referred to the Committee on Homeland Se-
curity, and in addition to the Committees on Armed Services and Agri-
culture, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To provide for the establishment of a border protection strat-
egy for the international land borders of the United 
States, to address the ecological and environmental im-
pacts of border security infrastructure, measures, and 
activities along the international land borders of the 
United States, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Border Security and 
Responsibility Act 2009’’. 
SEC. 2. PURPOSE. 
The purposes of this Act are to provide a means 
whereby Federal lands and resources along the United 
States-Mexico border are provided the highest protection 
possible from the effects of unauthorized immigration, 
human and drug smuggling, and border enforcement ac-
tivities, while ensuring that all operations necessary to 
achieve border security are undertaken. 
SEC. 3. DEFINITIONS. 
In this Act: 
(a) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the 
meaning given such term in section 4 of the Indian Self- 
Determination and Education Assistance Act (25 U.S.C. 
450b). 
(b) SECRETARY.—The term ‘‘Secretary’’ means the 
Secretary of Homeland Security. 
(c) SECRETARY CONCERNED.—The term ‘‘Secretary 
concerned’’ means the Secretary of Agriculture with re-
spect to land under the jurisdiction of the Secretary of 
Agriculture, the Secretary of the Interior with respect to 
land under the jurisdiction of the Secretary of the Interior, 
the Secretary of Defense with respect to land under the 
jurisdiction of the Secretary of Defense or the secretary 
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of a military department, or the Secretary of Commerce 
with respect to land under the jurisdiction of the Secretary 
of Commerce 
SEC. 4. BORDER PROTECTION STRATEGY. 
(a) BORDER PROTECTION STRATEGY.— 
(1) IN GENERAL.—Not later than September 
30, 2009, the Secretary, the Secretary of the Inte-
rior, the Secretary of Agriculture, the Secretary of 
Defense, and the Secretary of Commerce, in con-
sultation with tribal, State, and local officials, shall 
jointly develop and submit to Congress a border pro-
tection strategy for the international land borders of 
the United States. 
(2) ELEMENTS OF THE STRATEGY.—The strat-
egy developed in accordance with paragraph (1) shall 
include the following components: 
(A) A comparative analysis of the levels of 
operational control, based on auditable and 
verifiable data, achievable through alternative 
tactical infrastructure and other security meas-
ures. Measures assessed shall include, at a min-
imum— 
(i) pedestrian fencing; 
(ii) vehicle barriers, especially in areas 
in the vicinity of existing or planned roads; 
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(iii) additional Border Patrol agents; 
(iv) efficacy of natural barriers and 
open space in response to unauthorized or 
unlawful border crossing; 
(v) fielding of advanced remote sens-
ing and information integration technology, 
including the use of unmanned aerial vehi-
cles and other advanced technologies and 
systems, including systems developed and 
employed, or under development, for tac-
tical surveillance, multi-source information 
integration, and response analysis in dif-
ficult terrain and under adverse environ-
mental conditions; 
(vi) regional as well as urban and 
rural variation in border security meth-
odologies, and incorporation of natural 
barriers; 
(vii) enhanced cooperation with, and 
assistance to, intelligence, security, and 
law enforcement agencies in Mexico and 
Canada in detecting, reporting, analyzing, 
and successfully responding to unauthor-
ized or unlawful border crossings from or 
into Mexico or Canada; and 
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(viii) removal of obstructive non-native 
vegetation. 
(B) A comprehensive analysis of cost and 
other impacts of security measures assessed in 
subparagraph (A), including an assessment 
of— 
(i) land acquisition costs, including re-
lated litigation and other costs; 
(ii) construction costs, including both 
labor and material costs; 
(iii) maintenance costs over 25 years; 
(iv) contractor costs; 
(v) management and overhead costs; 
(vi) the impacts on wildlife, wildlife 
habitat, natural communities, and func-
tioning cross-border wildlife migration cor-
ridors and hydrology (including water 
quantity, quality, and natural hydrologic 
flows) on Federal, tribal, State, local, and 
private lands along the border; 
(vii) costs of fully mitigating the ad-
verse impacts to Federal, tribal, State, 
local, and private lands, waters (including 
water quality, quantity, and hydrological 
flows), wildlife, and wildlife habitats, in-
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cluding, where such action is possible, the 
full costs of the replacement or restoration 
of severed wildlife migration corridors with 
protected corridors of equivalent biological 
functionality, as determined by each Sec-
retary concerned, in consultation with ap-
propriate authorities of tribal, State, and 
local governments and appropriate authori-
ties of Mexico and Canada; and 
(viii) the impacts on culture, safety, 
and quality of life on residents in the vicin-
ity of the border. 
(C) A comprehensive compilation of the 
fiscal investments in acquiring or managing 
Federal, tribal, state, local, and private lands 
and waters in the vicinity of, or ecologically re-
lated to, the land borders of the United States 
that have been acquired or managed in whole or 
in part for conservation purposes (including the 
creation or management of protected wildlife 
migration corridors) in— 
(i) units of the National Park System; 
(ii) National Forest System land; 
(iii) land under the jurisdiction of the 
Bureau of Land Management; 
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(iv) land under the jurisdiction of the 
United States Fish and Wildlife Service; 
(v) other relevant land under the ju-
risdiction of the Department of the Inte-
rior or the Department of Agriculture; 
(vi) land under the jurisdiction of the 
Department of Defense or the individual 
military department; 
(vii) land under the jurisdiction of the 
Department of Commerce; 
(viii) tribal lands; 
(ix) State and private lands; and 
(x) lands within Mexico and Canada. 
(D) Recommendations for strategic border 
security management based on comparative se-
curity as detailed in subparagraph (A), the 
cost-benefit analysis as detailed in subpara-
graph (B), as well as protection of investments 
in public lands specified in subparagraph (C). 
(3) TRAINING.— 
(A) REQUIRED TRAINING.—The Secretary, 
in cooperation with the Secretary concerned, 
shall provide— 
(i) natural resource protection train-
ing for Customs and Border Protection 
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agents or other Federal personnel assigned 
to plan or oversee the construction or oper-
ation of border security tactical infrastruc-
ture or to patrol land along or in the vicin-
ity of a land border of the United States; 
and 
(ii) cultural resource training for Cus-
toms and Border Protection agents and 
other Federal personnel assigned to plan 
or oversee the construction or operation of 
border security tactical infrastructure or to 
patrol tribal lands. 
(B) ADDITIONAL
CONSIDERATIONS.—In 
developing and providing training under clause 
(i) of subparagraph (A), the Secretary shall co-
ordinate with the Secretary concerned and the 
relevant tribal government to ensure that such 
training is appropriate to the mission of the rel-
evant agency and is focused on achieving border 
security objectives while avoiding or minimizing 
the adverse impact on natural and cultural re-
sources resulting from border security tactical 
infrastructure, operations, or other activities. 
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SEC. 5. ACTIONS TO GAIN OPERATIONAL CONTROL OF THE 
INTERNATIONAL LAND BORDERS OF THE 
UNITED STATES. 
(a) IN GENERAL.—Section 102 of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996 
(Public Law 104–208; 8 U.S.C. 1103 note) is amended 
to read as follows: 
‘‘SEC. 102. IMPROVEMENT OF OPERATIONAL CONTROL OF 
BORDER. 
‘‘(a) IN GENERAL.—The Secretary of Homeland Se-
curity shall take such actions as may be required to gain 
operational control of the international land borders of the 
United States. Such actions may be taken only in accord-
ance with the border protection strategy developed under 
section 4(a) of the Border Security and Responsibility Act 
of 2009. 
‘‘(b) PRIORITY OF METHODS.—In carrying out the 
requirements of subsection (a), the Secretary of Homeland 
Security shall, where practicable, give first priority to the 
use of remote cameras, sensors, removal of non-native 
vegetation, incorporation of natural barriers, additional 
manpower, unmanned aerial vehicles, or other low impact 
border enforcement techniques. 
‘‘(c) CONSULTATION.— 
‘‘(1) IN GENERAL.—In carrying out this sec-
tion, the Secretary of Homeland Security shall con-
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sult with the Secretary of the Interior, the Secretary 
of Agriculture, the Secretary of Defense, Secretary 
of Commerce, States, local governments, tribal gov-
ernments, and private property owners in the United 
States to minimize the impact on the environment, 
culture, commerce, safety, and quality of life for the 
communities and residents located near the sites at 
which actions under subsection (a) are proposed to 
be taken. 
‘‘(2) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection may be construed to— 
‘‘(A) create or negate any right of action 
for a State, local government, tribal govern-
ment, or other person or entity affected by this 
subsection; 
‘‘(B) affect the eminent domain laws of the 
United States or of any State; or 
‘‘(C) waive the application of any other ap-
plicable Federal, State, local, or tribal law. 
‘‘(3) LIMITATION
ON
REQUIREMENTS.—Not-
withstanding subsection (a), nothing in this section 
shall require the Secretary of Homeland Security to 
install fencing, physical barriers, roads, lighting, 
cameras, or sensors in a particular location along an 
international border of the United States if the Sec-
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