IB 
Union Calendar No. 312 
112TH CONGRESS 
2D SESSION 
H. R. 1505 
[Report No. 112–448, Part I] 
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 
APRIL 17, 2012 
Additional sponsors: Mr. COFFMAN of Colorado, Mr. CANSECO, Mr. REHBERG, 
Mr. MCCLINTOCK, Mr. GOSAR, Mrs. LUMMIS, Mr. CHAFFETZ, Mrs. 
MCMORRIS RODGERS, Mr. ROYCE, Mrs. MILLER of Michigan, Mr. 
BROUN of Georgia, Mrs. BLACKBURN, Ms. JENKINS, Mr. KING of Iowa, 
Mr. FLEMING, Mrs. ELLMERS, Mr. GALLEGLY, Mr. BURTON of Indiana, 
Mr. DUNCAN
of Tennessee, Mr. BACHUS, Mr. GOODLATTE, Mr. 
LANKFORD, Mrs. MYRICK, Mr. WESTMORELAND, Mr. CRAWFORD, Mr. 
HERGER, Mr. WOODALL, Mr. LUETKEMEYER, Mr. LABRADOR, Mr. GARY 
G. MILLER of California, Mr. YOUNG of Alaska, Mr. JOHNSON of Ohio, 
Mr. POSEY, Mr. NUNES, Mr. BROOKS, Mr. MILLER of Florida, Mr. 
HALL, Mr. FLEISCHMANN, Mr. FLORES, Mr. LAMBORN, Mr. GOHMERT, 
Mr. SOUTHERLAND, Mr. WITTMAN, Mr. FRANKS of Arizona, Mr. CAL-
VERT, Mr. DUNCAN of South Carolina, Mr. GIBSON, Mr. POE of Texas, 
Mr. PEARCE, Mr. MCCAUL, Mr. RUNYAN, Mr. COBLE, Mr. GUTHRIE, 
Mrs. BACHMANN, and Mr. MCKEON 
APRIL 17, 2012 
Reported from the Committee on Natural Resources with an amendment 
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[Strike out all after the enacting clause and insert the part printed in italic] 
APRIL 17, 2012 
The Committees on Agriculture and Homeland Security discharged; com-
mitted to the Committee of the Whole House on the State of the Union 
and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on April 13, 2011] 
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. 
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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’’. 
SEC. 2. PROHIBITION ON IMPEDING CERTAIN ACTIVITIES 
OF U.S. CUSTOMS AND BORDER PROTECTION 
RELATED TO BORDER SECURITY. 
(a) PROHIBITION ON SECRETARIES OF THE INTERIOR 
AND AGRICULTURE.—The Secretary of the Interior or the 
Secretary of Agriculture shall not impede, prohibit, or re-
strict activities of U.S. Customs and Border Protection on 
land under the jurisdiction of the Secretary of the Interior 
or the Secretary of Agriculture to achieve operational con-
trol (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 borders of the United States. 
(b) AUTHORIZED ACTIVITIES OF U.S. CUSTOMS AND 
BORDER PROTECTION.— 
(1) AUTHORIZATION.—U.S. Customs and Border 
Protection shall have immediate access to land under 
the jurisdiction of the Secretary of the Interior or the 
Secretary of Agriculture for purposes of conducting 
the following activities on such land that assist in se-
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curing the international land borders of the United 
States: 
(A) Construction and maintenance of roads. 
(B) Construction and maintenance of 
fences. 
(C) Use vehicles to patrol. 
(D) Installation, maintenance, and oper-
ation of surveillance equipment and sensors. 
(E) Use of aircraft. 
(F) Deployment of temporary tactical infra-
structure, including forward operating bases. 
(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 Illegal 
Immigration Reform and Immigrant Responsibility 
Act of 1996 (8 U.S.C. 1103 note; Public Law 104– 
208) of the laws described in paragraph (2) with re-
spect to certain sections of the international border 
between the United States and Mexico and between 
the United States and Canada shall be considered to 
apply to all land under the jurisdiction of the Sec-
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retary of the Interior or the Secretary of Agriculture 
within 100 miles of the international land borders of 
the United States for the activities of U.S. Customs 
and Border Protection described in subsection (b). 
(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 Pres-
ervation 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 (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 Comprehensive 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 ‘‘Antiquities 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. 
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