retary determines that the use or placement of such 
resources is not the most effective and appropriate 
means to achieve and maintain operational control 
over the international border at such location, or if 
the Secretary determines that the direct and indirect 
costs of or the impacts on the environment, culture, 
commerce, safety, or quality of life for the commu-
nities and residents along the border likely to result 
from the use or placement of such resources out-
weigh the benefits of such use or placement.’’. 
(b) PRECONDITIONS.—In fulfilling the requirements 
of section 102 of the Illegal Immigration Reform and Im-
migrant Responsibility Act of 1996, as amended by this 
section, the Secretary of Homeland Security shall not com-
mence any construction of fencing, physical barriers, 
roads, lighting, cameras, sensors, or other tactical infra-
structure along or in the vicinity of an international land 
border of the United States, or award or expend funds 
pursuant to any contract or other agreement related there-
to, prior to 90 days following the submission to Congress 
of the border protection strategy required under section 
4(a) of this Act. 
SEC. 6. BORDERLANDS MONITORING AND MITIGATION. 
(a) IN GENERAL.—The Secretary, in consultation 
with the Secretary of the Interior, the Secretary of Agri-
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culture, the Secretary of Defense, the Secretary of Com-
merce, and the heads of appropriate State and tribal wild-
life agencies and entities, shall develop and implement a 
comprehensive monitoring and mitigation plan to address 
the ecological and environmental impacts of border secu-
rity infrastructure, measures, and activities along the 
international land borders of the United States. 
(b) REQUIREMENTS.—The mitigation plan required 
under subsection (a) shall include, at a minimum, meas-
ures to address and mitigate the full range of ecological 
and environmental impacts of border security infrastruc-
ture, measures, and activities, including— 
(1) preserving, maintaining, and, if necessary, 
restoring wildlife migration corridors, key habitats, 
and the ecologically functional connectivity between 
and among key habitats sufficient to ensure that 
species (whether or not designated as rare, pro-
tected, or of concern) remain viable and are able to 
adapt to the impacts of climate change; 
(2) addressing control of invasive species and 
implementing measures necessary to avoid the 
spread of such species; 
(3) maintaining hydrological functionality, in-
cluding water quantity and quality; 
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(4) incorporating adaptive management, includ-
ing detailed provisions for long-term monitoring of 
the mitigation plan’s effectiveness and for necessary 
adjustments to such plan based on such monitoring 
results; and 
(5) protection of cultural and historical re-
sources. 
(c) PREEMPTION.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary may, subject to para-
graph (2), carry out the mitigation plan required 
under subsection (a) on any Federal, State, local, 
tribal, or private lands in the vicinity of or eco-
logically related to an international land border of 
the United States regardless of which individual, 
agency, or entity has ownership of or principal re-
sponsibility for the management of any such lands. 
(2) CONDITIONS.—Activities carried out pursu-
ant to paragraph (1) in connection with the mitiga-
tion plan shall be carried out in full consultation 
with, and with the concurrence of, the owner of, or 
entity with principal responsibility for, the manage-
ment of the lands described in such paragraph. 
(d) ADMINISTRATION.— 
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(1) AUTHORIZATION.—The Secretary of Home-
land Security may transfer funds of the Department 
of Homeland Security to other Federal agencies 
for— 
(A) expenditure under programs (including 
any international programs) of such agencies 
that are designed to fund conservation related 
activities (directly or through grants or similar 
mechanisms) on non-Federal lands, including 
land acquisition programs; and 
(B) mitigation activities on Federal lands 
managed by such agencies, if such activities are 
required to implement the mitigation plan re-
quired under subsection (a) and if the costs of 
such activities are higher than the costs associ-
ated with managing such lands in the absence 
of such activities. 
(2) EXEMPTION
FROM
REPROGRAMMING
RE-
QUIREMENTS.—Funds transferred pursuant to the 
authorization under paragraph (1) shall not be sub-
ject to reprogramming requirements. 
(3) ACCEPTANCE AND USE OF DONATIONS.— 
The Secretary may accept and use donations for the 
purpose of developing and implementing the mitiga-
tion plan required under subsection (a), and may 
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transfer such funds to any other Federal agency for 
expenditure under such plan pursuant to paragraph 
(1). 
(e) AUTHORIZATION OF APPROPRIATIONS.—Notwith-
standing any other provision of law, funds appropriated 
to the Department of Homeland Security for border secu-
rity infrastructure and activities may be used by the Sec-
retary to develop and implement the mitigation plan re-
quired under subsection (a). 
Æ 
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