I 
113TH CONGRESS 
1ST SESSION 
H. R. 547 
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 
FEBRUARY 6, 2013 
Mr. GRIJALVA introduced the following bill; which was referred to the Com-
mittee on Homeland Security, and in addition to the Committees on 
Armed Services, Agriculture, and Natural Resources, 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 con-
cerned 
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 of 2013’’. 
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. FINDINGS. 
Congress finds the following: 
(1) Federal lands managed by the Department 
of the Interior and the Department of Agriculture 
encompass over 40 percent of the 1,900 miles of 
southwestern border in Arizona, California, New 
Mexico, and Texas. 
(2) Over the last five years, the Border Patrol 
has nearly doubled the number of its agents on pa-
trol, constructed hundreds of miles of border fence 
and vehicle barriers, and installed surveillance equip-
ment on and near lands managed by the Depart-
ment of the Interior and the Department of Agri-
culture along the southwestern border. 
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(3) When operating on Federal lands, the Bor-
der Patrol has responsibilities under several Federal 
land management laws, including the National Envi-
ronmental Policy Act of 1969, the National Historic 
Preservation Act of 1966, the Wilderness Act of 
1964, and the Endangered Species Act of 1973. 
(4) In March 2006, the Department of the In-
terior, the Department of Homeland Security, and 
the Department of Agriculture entered into a Memo-
randum of Understanding (MOU) entitled the ‘‘Co-
operative National Security and Counterterrorism 
Efforts on Federal Lands along the United States’ 
Borders’’. This MOU contains provisions related to 
the development of an efficient means of commu-
nication, cooperative identification of patrol routes 
and operations, conduct of joint enforcement oper-
ations, cooperation in the development of environ-
mental and cultural resources awareness training, 
access by United States Customs and Border Pro-
tection (CBP) agents to Federal lands along the bor-
der, and guidance on construction and maintenance 
of tactical infrastructure. 
(5) Since entering into the 2006 MOU, the 
three departments have continually and successfully 
worked together to carry out the tenets outlined in 
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the MOU at both the departmental and field levels, 
and have worked to address concerns regarding co-
ordination to continually improve efforts to secure 
the borders while conserving the environment. 
(6) A 2008 MOU between the three depart-
ments bridges communication gaps and provides 
radio interoperability between Border Patrol agents 
and their law enforcement partners in the Depart-
ment of the Interior and the Department of Agri-
culture. 
(7) Since fiscal year 2006, apprehensions of un-
documented immigrants along the southwestern bor-
der have declined, reaching a low of 327,577 in fis-
cal year 2011. This decrease has occurred along the 
entire border, with every sector reporting fewer ap-
prehensions in fiscal year 2011 than in fiscal year 
2006. 
(8) CBP partners with Federal, tribal, State, 
and local entities to benefit border security and pro-
tection of the environment and cultural resources on 
Federal lands. The mission of the Department of 
Homeland Security, the Department of the Interior, 
and the Department of Agriculture along the border 
are inextricably linked in protecting and strength-
ening United States communities. 
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(9) A report by the Government Accountability 
Office found that Border Patrol agents in charge of 
Border Patrol stations reported that the overall se-
curity status of their jurisdictions is not affected by 
land management laws. Instead, factors other than 
access delays or restrictions, such as the remoteness 
and ruggedness of the terrain or dense vegetation, 
have had the greatest effect. 
SEC. 4. 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 
of a military department, or the Secretary of Commerce 
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with respect to land under the jurisdiction of the Secretary 
of Commerce 
SEC. 5. BORDER PROTECTION STRATEGY. 
(a) BORDER PROTECTION STRATEGY.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary, the Secretary of the Interior, the Secretary 
of Agriculture, the Secretary of Defense, and the 
Secretary of Commerce, in consultation with tribal, 
State, and local officials, shall jointly develop and 
submit to Congress a border protection 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 
border 
security, 
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; 
(iii) additional Border Patrol agents; 
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(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 soils, wildlife, wild-
life habitat, natural communities, and 
functioning cross-border wildlife migration 
corridors 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 the economy, cul-
ture, safety, and quality of life on residents 
in the vicinity 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. 6. ACTIONS TO SECURE 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 BORDER SECURITY. 
‘‘(a) IN GENERAL.—The Secretary of Homeland Se-
curity shall take such actions as may be required to secure 
the international land borders of the United States. Such 
actions may be taken only in accordance with the border 
protection strategy developed under section 5(a) of the 
Border Security and Responsibility Act of 2013. 
‘‘(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-
sult with the Secretary of the Interior, the Secretary 
of Agriculture, the Secretary of Defense, the Sec-
retary of Commerce, States, local governments, trib-
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al governments, and private property owners in the 
United States to minimize the impact on the envi-
ronment, 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-
retary determines that the use or placement of such 
resources is not the most effective and appropriate 
means to secure the international border at such lo-
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cation, or if the Secretary determines that the direct 
and indirect costs of or the impacts on the environ-
ment, culture, commerce, safety, or quality of life for 
the communities and residents along the border like-
ly to result from the use or placement of such re-
sources outweigh the benefits of such use or place-
ment.’’. 
(b) PRECONDITIONS.—In fulfilling the requirements 
of section 102 of the Illegal Immigration Reform and Im-
migrant Responsibility Act of 1996, as amended by sub-
section (a) of this section, the Secretary of Homeland Se-
curity shall not commence any construction of fencing, 
physical barriers, roads, lighting, cameras, sensors, or 
other tactical infrastructure 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 agree-
ment related thereto, prior to 90 days following the sub-
mission to Congress of the border protection strategy re-
quired under section 5(a) of this Act. 
SEC. 7. BORDERLANDS MONITORING AND MITIGATION. 
(a) IN GENERAL.—The Secretary, in consultation 
with the Secretary of the Interior, the Secretary of Agri-
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 
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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; 
(4) incorporating adaptive management, includ-
ing detailed provisions for long-term monitoring of 
the mitigation plan’s effectiveness and for necessary 
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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.— 
(1) AUTHORIZATION.—The Secretary of Home-
land Security may transfer funds of the Department 
of Homeland Security to other Federal agencies 
for— 
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(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 
transfer such funds to any other Federal agency for 
expenditure under such plan pursuant to paragraph 
(1). 
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(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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