I 
111TH CONGRESS 
1ST SESSION H. R. 3629 
To require the Secretary of Homeland Security to develop and implement 
a mitigation plan to address the ecological impacts of border security 
measures and activities, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 22, 2009 
Mr. RODRIGUEZ (for himself and Mr. GRIJALVA) introduced the following bill; 
which was referred to the Committee on Natural Resources, and in addi-
tion to the Committee on Homeland Security, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To require the Secretary of Homeland Security to develop 
and implement a mitigation plan to address the ecological 
impacts of border security measures and activities, 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 ‘‘Healthy Borderlands 
Act of 2009’’. 
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SEC. 2. MITIGATION PLAN. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity, in consultation with the Secretary of the Interior, the 
Secretary of Agriculture, and the heads of appropriate 
State and tribal wildlife agencies and entities, shall de-
velop and implement a comprehensive mitigation plan (in 
this section referred to as the ‘‘mitigation plan’’) to ad-
dress the ecological and environmental impacts of border 
security infrastructure, measures, and activities along the 
international land borders of the United States. 
(b) REQUIREMENTS.—The mitigation plan required 
under subsection (a) shall include measures to address and 
mitigate the full range of ecological and environmental im-
pacts of border security infrastructure, measures, and ac-
tivities, 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; 
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(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 
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 of Homeland Security 
may, subject to paragraph (2), carry out the mitiga-
tion plan on any Federal, State, private, or tribal 
lands regardless of which individual, agency, or enti-
ty has principal responsibility for the management of 
any such lands. 
(2) CONDITIONS.—Activities carried out under 
paragraph (1) in connection with the mitigation plan 
shall be carried out in full consultation with, and 
with the concurrence of, the owner of, or entity with 
principal responsibility for, the management 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 of such 
agencies that are designed to fund conservation 
related activities on non-Federal lands, includ-
ing land acquisition programs; and 
(B) mitigation activities on Federal lands 
managed by such agencies, if such activities are 
required to implement the mitigation plan and 
if the costs of such activities are above the costs 
associated with managing such lands in the ab-
sence of such activities. 
(2) ACCEPTANCE AND USE OF DONATIONS.— 
The Secretary of Homeland Security may accept and 
use donations for the purpose of developing and im-
plementing the mitigation plan, and may transfer 
such funds to any other Federal agency for expendi-
ture under such plan pursuant to the authorization 
under paragraph (1). 
(3) EXEMPTION
FROM
REPROGRAMMING
RE-
QUIREMENTS.—Funds transferred pursuant to the 
authorization under paragraph (1), including dona-
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tions under paragraph (2), shall not be subject to re-
programming requirements. 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
Notwithstanding 
any 
other 
provision 
of 
law, 
amounts authorized to be appropriated to the Sec-
retary of Homeland Security for border security in-
frastructure and activities may be used by the Sec-
retary to develop and implement the mitigation plan. 
Æ 
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