I 
115TH CONGRESS 
1ST SESSION 
H. R. 739 
To prohibit the construction of new border barriers, including walls or fences, 
on certain Federal land, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 30, 2017 
Mr. ESPAILLAT introduced the following bill; which was referred to the 
Committee on Homeland Security 
A BILL 
To prohibit the construction of new border barriers, including 
walls or fences, 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 ‘‘This Land Is Our 
Land Act’’. 
SEC. 2. PROHIBITION ON THE CONSTRUCTION OF NEW 
BORDER BARRIERS, INCLUDING WALLS OR 
FENCES, ON CERTAIN FEDERAL LAND. 
(a) PROHIBITION.— 
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(1) IN GENERAL.—Notwithstanding any other 
provision of law, including the waiver provision pro-
vided under section 102(c)(1) of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act of 
1996 (8 U.S.C. 1103 note; Public Law 104–208) 
(including any waivers of laws issued pursuant to 
such provision on, before, or after the date of the en-
actment of this Act), the Secretary of Homeland Se-
curity may not construct any new border barriers, 
including walls or fences, on Federal land under the 
jurisdiction of the Secretary of the Interior or the 
Secretary of Agriculture within 100 miles of the 
international land borders of the United States that 
are not in existence as of the date of the enactment 
of this Act. 
(2) RULE OF CONSTRUCTION.—The prohibition 
under paragraph (1) may not be construed to pro-
hibit the maintenance or repair by the Secretary of 
Homeland Security of any border barriers, including 
walls or fences, on Federal land under the jurisdic-
tion of the Secretary of the Interior or the Secretary 
of Agriculture within 100 miles of the international 
land borders of the United States that are in exist-
ence as of the date of the enactment of this Act. 
(b) WITHHOLDING OF CERTAIN FUNDING.— 
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(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary of Homeland Security 
may not obligate or expend any funds appropriated 
or otherwise made available (including through fees) 
to the Secretary to construct any new border bar-
riers, including walls or fences, on Federal land 
under the jurisdiction of the Secretary of the Inte-
rior or the Secretary of Agriculture within 100 miles 
of the international land borders of the United 
States that are not in existence as of the date of the 
enactment of this Act. 
(2) RULE OF CONSTRUCTION.—The prohibition 
under paragraph (1) may not be construed to pro-
hibit the obligation or expenditure of funds described 
in such paragraph for the maintenance or repair by 
the Secretary of Homeland Security of any border 
barriers, including walls or fences, on Federal land 
under the jurisdiction of the Secretary of the Inte-
rior or the Secretary of Agriculture within 100 miles 
of the international land borders of the United 
States that are in existence as of the date of the en-
actment of this Act. 
(c) EFFECT ON STATE AND PRIVATE LAND.—This 
Act shall— 
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(1) have no force or effect on State or private 
lands; and 
(2) not provide authority on or access to State 
or private lands. 
(d) TRIBAL SOVEREIGNTY.—Nothing in this Act su-
persedes, replaces, negates, or diminishes treaties or other 
agreements between the United States and Indian tribes. 
Æ 
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