An amendment numbered 4 printed in House Report 112-539 to clarify the intent of the legislation and narrow the list of laws which may be waived for border security activities. It also would add provisions protecting private property and tribal sovereignty.

1. Rewrites section 1403 of section 1402 of section 1401

   Replaces

   Removes section 1403 of section 1402 of section 1401.

   Inserted: SEC. 1401. WAIVER OF FEDERAL LAWS WITH RESPECT TO BORDER SECURITY ACTIONS ON DEPARTMENT OF THE INTERIOR AND DEPARTMENT OF AGRICULTURE LANDS.

   Inserted: (a) Short Title.--This section may be cited as the "National Security and Federal Lands Protection Act".

   Inserted: (b) Prohibition on Secretaries of the Interior and Agriculture.--The Secretary of the Interior or the Secretary of Agriculture shall not impede, prohibit, 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 Agriculture to prevent all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband through the international land borders of the United States.

   Inserted: (c) Authorized Activities of U.S. Customs and Border Protection.--U.S. Customs and Border Protection shall have access to Federal land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture for purposes of conducting the following activities on such land that assist in securing the international land borders of the United States:

   Inserted: (1) Construction and maintenance of roads.

   Inserted: (2) Construction and maintenance of fences.

   Inserted: (3) Use of vehicles to patrol.

   Inserted: (4) Installation, maintenance, and operation of surveillance equipment and sensors.

   Inserted: (5) Use of aircraft.

   Inserted: (6) Deployment of temporary tactical infrastructure, including forward operating bases.

   Inserted: (d) Clarification Relating to Waiver Authority.--

   Inserted: (1) In general.--Notwithstanding any other provision of law (including any termination date relating 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 Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note; Public Law 104 208) of the laws described in paragraph (2) with respect to certain sections of the international border between the United States and Mexico and between the United States and Canada shall be considered to apply to all 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 for the activities of U.S. Customs and Border Protection described in subsection (c).

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   Inserted: (2) Description of laws waived.--The laws referred to in paragraph (1) are limited to the Wilderness Act (16 U.S.C. 1131 et seq.), the National Environmental 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 (commonly 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 Administration 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 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).

   Inserted: (e) Protection of Legal Uses.--This section shall not be construed to provide--

   Inserted: (1) authority to restrict legal uses, such as grazing, hunting, mining, or public-use recreational and backcountry airstrips on land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture;

   Inserted: (2) any additional authority to restrict legal access to such land; or

   Inserted: (3) any additional authority or access to private or State land.

   Inserted: (f) Tribal Sovereignty.--Nothing in this section supersedes, replaces, negates, or diminishes treaties or other agreements between the United States and Indian tribes

   Inserted: (g) Sunset.--This section shall have no force or effect after the end of the 5-year period beginning on the date of enactment of this Act.

   Original wording

   Strike sections 1401, 1402, and 1403, and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed