I 
114TH CONGRESS 
1ST SESSION H. R. 4034 
To require fencing along and operational control of the southwest border, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 17, 2015 
Mr. FLEMING introduced the following bill; which was referred to the Com-
mittee on Homeland Security, and in addition to the Committees on Nat-
ural Resources and Agriculture, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To require fencing along and operational control of the 
southwest border, 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 ‘‘Secure Fence Restora-
tion Act of 2015’’. 
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ernors of border States, mayors of border towns and 
cities, and border sheriffs,’’ before ‘‘shall’’. 
SEC. 3. PROHIBITION ON ACTIONS THAT IMPEDE BORDER 
SECURITY ON CERTAIN FEDERAL LAND. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘National Security and Federal Lands Protection Act’’. 
(b) PROHIBITION ON SECRETARIES OF THE INTE-
RIOR AND AGRICULTURE.—Neither the Secretary of the 
Interior or the Secretary of Agriculture may impede, pro-
hibit, or restrict activities of U.S. Customs and Border 
Protection on Federal land located within 100 miles of an 
international land border that is under the jurisdiction of 
the Secretary of the Interior or the Secretary of Agri-
culture, as the case may be, to execute search and rescue 
operations and to prevent all unlawful entries into the 
United States, including entries by terrorists, other unlaw-
ful aliens, instruments of terrorism, narcotics, and other 
contraband through such border. 
(c) 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 
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the United States, including entries by terrorists, other 
unlawful aliens, instruments of terrorism, narcotics, or 
other contraband through such border: 
(1) Construction and maintenance of roads. 
(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. 
(d) 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 referred to in paragraph (2) 
of this subsection with respect to certain sections of 
the international border between the United States 
and Mexico and between the United States and Can-
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shall be considered to apply to all 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 for the activities of U.S. Customs and Border 
Protection specified in subsection (c) of this section. 
(2) DESCRIPTION OF LAWS WAIVED.—The laws 
referred to in paragraph (1) are the Wilderness Act 
(16 U.S.C. 1131 et seq.), the National Environ-
mental 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 Preservation 
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 (com-
monly 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 Adminis-
tration 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 Coordination 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 ‘‘Administrative Procedure Act’’), the 
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National Park Service Organic Act (16 U.S.C. 1 et 
seq.), the General Authorities Act of 1970 (Public 
Law 91–383) (16 U.S.C. 1a–1 et seq.), sections 
401(7), 403, and 404 of the National Parks and 
Recreation Act of 1978 (Public Law 95–625, 92 
Stat. 3467), and the Arizona Desert Wilderness Act 
of 1990 (16 U.S.C. 1132 note; Public Law 101– 
628). 
(e) PROTECTION OF LEGAL USES.—This section may 
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. 
(f) 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. 
(g) TRIBAL SOVEREIGNTY.—Nothing in this section 
supersedes, replaces, negates, or diminishes treaties or 
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other agreements between the United States and Indian 
tribes. 
Æ 
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