Teacher:In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Teacher: Now, understand the problem? Solve this instance: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Border Security and Responsibility
Act 2009''.

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
activities, while ensuring that all operations necessary to achieve
border security are undertaken.

SEC. 3. 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 respect 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 with respect to land
under the jurisdiction of the Secretary of Commerce

SEC. 4. BORDER PROTECTION STRATEGY.

(a) Border Protection Strategy.--
(1) In general.--Not later than September 30, 2009, the
Secretary, 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 strategy developed in
accordance with paragraph (1) shall include the following
components:
(A) A comparative analysis of the levels of
operational control, based on auditable and verifiable
data, achievable through alternative tactical
infrastructure and other security measures. Measures
assessed shall include, at a minimum--
(i) pedestrian fencing;
(ii) vehicle barriers, especially in areas
in the vicinity of existing or planned roads;
(iii) additional Border Patrol agents;
(iv) efficacy of natural barriers and open
space in response to unauthorized or unlawful
border crossing;
(v) fielding of advanced remote sensing and
information integration technology, including
the use of unmanned aerial vehicles and other
advanced technologies and systems, including
systems developed and employed, or under
development, for tactical surveillance, multi-
source information integration, and response
analysis in difficult terrain and under adverse
environmental conditions;
(vi) regional as well as urban and rural
variation in border security methodologies, 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 unauthorized or
unlawful border crossings from or into Mexico
or Canada; and
(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
related 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 wildlife, wildlife
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 adverse
impacts to Federal, tribal, State, local, and
private lands, waters (including water quality,
quantity, and hydrological flows), wildlife,
and wildlife habitats, including, 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 Secretary concerned, in
consultation with appropriate authorities of
tribal, State, and local governments and
appropriate authorities of Mexico and Canada;
and
(viii) the impacts on culture, 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 related 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;
(iv) land under the jurisdiction of the
United States Fish and Wildlife Service;
(v) other relevant land under the
jurisdiction of the Department of the Interior
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 security as detailed in
subparagraph (A), the cost-benefit analysis as detailed
in subparagraph (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 training
for Customs and Border Protection agents or
other Federal personnel assigned to plan or
oversee the construction or operation of border
security tactical infrastructure or to patrol
land along or in the vicinity of a land border
of the United States; and
(ii) cultural resource training for Customs
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 coordinate with the Secretary
concerned and the relevant tribal government to ensure
that such training is appropriate to the mission of the
relevant agency and is focused on achieving border
security objectives while avoiding or minimizing the
adverse impact on natural and cultural resources
resulting from border security tactical infrastructure,
operations, or other activities.

SEC. 5. ACTIONS TO GAIN OPERATIONAL CONTROL OF THE INTERNATIONAL LAND
BORDERS OF THE UNITED STATES.

(a) In General.--Section 102 of the Illegal Immigration 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 OPERATIONAL CONTROL OF BORDER.

''(a) In General.--The Secretary of Homeland Security shall take
such actions as may be required to gain operational control of the
international land borders of the United States. Such actions may be
taken only in accordance with the border protection strategy developed
under section 4(a) of the Border Security and Responsibility Act of
2009.
''(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 section, the
Secretary of Homeland Security shall consult with the Secretary
of the Interior, the Secretary of Agriculture, the Secretary of
Defense, Secretary of Commerce, States, local governments,
tribal governments, and private property owners in the United
States to minimize the impact on the environment, 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 government, 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 applicable
Federal, State, local, or tribal law.
''(3) Limitation on requirements.--Notwithstanding
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 Secretary determines that the use or placement of such
resources is not the most effective and appropriate means to
achieve and maintain operational control over the international
border at such location, or if the Secretary determines that
the direct and indirect costs of or the impacts on the
environment, culture, commerce, safety, or quality of life for
the communities and residents along the border likely to result
from the use or placement of such resources outweigh the
benefits of such use or placement.''.
(b) Preconditions.--In fulfilling the requirements of section 102
of the Illegal Immigration Reform and Immigrant Responsibility Act of
1996, as amended by this section, the Secretary of Homeland Security
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
agreement related thereto, prior to 90 days following the submission to
Congress of the border protection strategy required under section 4(a)
of this Act.

SEC. 6. BORDERLANDS MONITORING AND MITIGATION.

(a) In General.--The Secretary, in consultation with the Secretary
of the Interior, the Secretary of Agriculture, the Secretary of
Defense, the Secretary of Commerce, and the heads of appropriate State
and tribal wildlife agencies and entities, shall develop and implement
a comprehensive monitoring and mitigation plan to address 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, at a minimum, measures to address and mitigate the
full range of ecological and environmental impacts of border security
infrastructure, 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, protected, 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, including water
quantity and quality;
(4) incorporating adaptive management, including 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 resources.
(c) Preemption.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary may, subject to paragraph (2), carry out the
mitigation plan required under subsection (a) on any Federal,
State, local, tribal, or private lands in the vicinity of or
ecologically related to an international land border of the
United States regardless of which individual, agency, or entity
has ownership of or principal responsibility for the management
of any such lands.
(2) Conditions.--Activities carried out pursuant to
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.--
(1) Authorization.--The Secretary of Homeland Security may
transfer funds of the Department of Homeland Security to other
Federal agencies for--
(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 required under subsection
(a) and if the costs of such activities are higher than
the costs associated with managing such lands in the
absence of such activities.
(2) Exemption from reprogramming requirements.--Funds
transferred pursuant to the authorization under paragraph (1)
shall not be subject to reprogramming requirements.
(3) Acceptance and use of donations.--The Secretary may
accept and use donations for the purpose of developing and
implementing the mitigation plan required under subsection (a),
and may transfer such funds to any other Federal agency for
expenditure under such plan pursuant to paragraph (1).
(e) Authorization of Appropriations.--Notwithstanding any other
provision of law, funds appropriated to the Department of Homeland
Security for border security infrastructure and activities may be used
by the Secretary to develop and implement the mitigation plan required
under subsection (a).
Student:
Border Security and Responsibility Act 2009 - Directs the Secretary of Homeland Security (Secretary), 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, to submit to Congress a border protection strategy for the international land borders of the United States. Specifies strategy elements.

Amends the the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to revise international land border security provisions, including: (1) eliminating existing southwest border fencing requirements; (2) requiring that border control actions be in accordance with the border strategy required under this Act; and (3) giving priority to the use of remote cameras, sensors, removal of nonnative vegetation, incorporation of natural barriers, additional manpower, unmanned aerial vehicles, or other low impact border enforcement techniques.

Prohibits construction of border fencing, physical barriers, roads, lighting, cameras, sensors, or other tactical infrastructure prior to 90 days after such border strategy's submission to Congress.

Directs the Secretary, in consultation with the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Defense, the Secretary of Commerce, and the heads of appropriate state and tribal wildlife agencies, to implement a comprehensive monitoring and mitigation plan to address the ecological and environmental impacts of security infrastructure and activities along the international land borders of the United States. Specifies plan requirements.