I 
117TH CONGRESS 
1ST SESSION H. R. 5399 
To prohibit certain actions that impede border security on certain Federal 
land, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 28, 2021 
Mr. GOODEN of Texas (for himself, Mr. BABIN, Mr. ROSENDALE, Mr. WEBER 
of Texas, Mr. ESTES, Mr. FALLON, and Mr. JOHNSON of Louisiana) in-
troduced the following bill; which was referred to the Committee on Nat-
ural Resources, and in addition to the Committees on Agriculture, and 
Homeland Security, 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 certain actions that impede border security on 
certain Federal land, 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’’. 
VerDate Sep 11 2014 
03:16 Sep 29, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5399.IH
H5399
kjohnson on DSK79L0C42PROD with BILLS
SEC. 2. PROHIBITION ON ACTIONS THAT IMPEDE BORDER 
SECURITY ON CERTAIN FEDERAL LAND. 
(a) PROHIBITION ON SECRETARIES OF THE INTE-
RIOR AND AGRICULTURE.—The Secretary of the Interior 
or the Secretary of Agriculture shall not impede, prohibit, 
or restrict activities of U.S. Customs and Border Protec-
tion on Federal land located within 100 miles of an inter-
national land border that is under the jurisdiction of the 
Secretary of the Interior or the Secretary of Agriculture, 
to execute search and rescue operations and to prevent 
all unlawful entries into the United States, including en-
tries by terrorists, other unlawful aliens, instruments of 
terrorism, narcotics, and other contraband through the 
international land borders of the United States. 
(b) AUTHORIZED ACTIVITIES OF U.S. CUSTOMS AND 
BORDER PROTECTION.—U.S. Customs and Border Pro-
tection shall have immediate access to Federal land within 
100 miles of the international land border under the juris-
diction of the Secretary of the Interior or the Secretary 
of Agriculture for purposes of conducting the following ac-
tivities on such land that prevent all unlawful entries into 
the United States, including entries by terrorists, other 
unlawful aliens, instruments of terrorism, narcotics, and 
other contraband through the international land borders 
of the United States: 
(1) Construction and maintenance of roads. 
VerDate Sep 11 2014 
03:16 Sep 29, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5399.IH
H5399
kjohnson on DSK79L0C42PROD with BILLS
(2) Construction and maintenance of barriers. 
(3) Use of vehicles to patrol, apprehend, or res-
cue. 
(4) Installation, maintenance, and operation of 
communications and surveillance equipment and sen-
sors. 
(5) Deployment of temporary tactical infra-
structure. 
(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 
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 Federal land under the juris-
diction of the Secretary of the Interior or the Sec-
retary of Agriculture within 100 miles of the inter-
national land borders of the United States for the 
VerDate Sep 11 2014 
03:16 Sep 29, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5399.IH
H5399
kjohnson on DSK79L0C42PROD with BILLS
activities of U.S. Customs and Border Protection de-
scribed in subsection (c). 
(2) DESCRIPTION OF LAWS WAIVED.—The laws 
referred to in paragraph (1) are limited to the Wil-
derness Act (16 U.S.C. 1131 et seq.), the National 
Environmental 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 National Historic Preser-
vation Act (16 U.S.C. 470 et seq.), Public Law 86– 
523 (16 U.S.C. 469 et seq.), the Act of June 8, 
1906 (commonly known as the ‘‘Antiquities Act of 
1906’’; 16 U.S.C. 431 et seq.), the Wild and Scenic 
Rivers Act (16 U.S.C. 1271 et seq.), the Federal 
Land Policy and Management Act of 1976 (43 
U.S.C. 1701 et seq.), the National Wildlife Refuge 
System Administration 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 Co-
ordination 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 ‘‘Administra-
tive Procedure Act’’), the National Park Service Or-
ganic Act (16 U.S.C. 1 et seq.), the General Au-
thorities Act of 1970 (Public Law 91–383) (16 
U.S.C. 1a–1 et seq.), sections 401(7), 403, and 404 
VerDate Sep 11 2014 
03:16 Sep 29, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5399.IH
H5399
kjohnson on DSK79L0C42PROD with BILLS
of the National Parks and Recreation Act of 1978 
(Public Law 95–625, 92 Stat. 3467), and the Ari-
zona Desert Wilderness Act of 1990 (16 U.S.C. 
1132 note; Public Law 101–628). 
(d) PROTECTION
OF LEGAL USES.—This section 
shall not be construed to provide— 
(1) authority to restrict legal uses, such as 
grazing, hunting, mining, or public-use recreational 
and backcountry airstrips on land under the jurisdic-
tion of the Secretary of the Interior or the Secretary 
of Agriculture; or 
(2) any additional authority to restrict legal ac-
cess to such land. 
(e) EFFECT ON STATE AND PRIVATE LAND.—This 
Act shall— 
(1) have no force or effect on State or private 
lands; and 
(2) not provide authority on or access to State 
or private lands. 
(f) TRIBAL SOVEREIGNTY.—Nothing in this section 
supersedes, replaces, negates, or diminishes treaties or 
other agreements between the United States and Indian 
tribes. 
Æ 
VerDate Sep 11 2014 
03:16 Sep 29, 2021
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H5399.IH
H5399
kjohnson on DSK79L0C42PROD with BILLS