S.Amdt. 1361

1. Rewrites section 1105

   Replaces

   In S. 744 · Reported to Senate

   SEC. 1105. [inserted: PROHIBITION ON ACTIONS THAT IMPEDE ]BORDER SECURITY ON CERTAIN FEDERAL LAND.

   Struck: (a) Definitions.--In this section:

   Struck: (1) Federal lands.--The term "Federal lands" includes all land under the control of the Secretary concerned that is located within the Southwest border region in the State of Arizona along the international border between the United States and Mexico.

   Struck: (2) Secretary concerned.--The term "Secretary concerned" means--

   Struck: (A) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and

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   Struck: (B) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior.

   Struck: (b) Support for Border Security Needs.--To achieve effective control of Federal lands--

   Struck: (1) the Secretary concerned, notwithstanding any other provision of law, shall authorize and provide U.S. Customs and Border Protection personnel with immediate access to Federal lands for security activities, including--

   Struck: (A) routine motorized patrols; and

   Struck: (B) the deployment of communications, surveillance, and detection equipment;

   Struck: (2) the security activities described in paragraph (1) shall be conducted, to the maximum extent practicable, in a manner that the Secretary determines will best protect the natural and cultural resources on Federal lands; and

   Struck: (3) the Secretary concerned may provide education and training to U.S. Customs and Border Protection personnel on the natural and cultural resources present on individual Federal land units.

   Struck: (c) Programmatic Environmental Impact Statement.--

   Struck: (1) In general.--After implementing subsection (b), the Secretary, in consultation with the Secretaries concerned, shall prepare and publish in the Federal Register a notice of intent to prepare a programmatic environmental impact statement in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to analyze the impacts of the activities described in subsection (b).

   Struck: (2) Effect on processing application and special use permits.--The pending completion of a programmatic environmental impact statement under this section shall not result in any delay in the processing or approving of applications or special use permits by the Secretaries concerned for the activities described in subsection (b).

   Struck: (3) Amendment of land use plans.--The Secretaries concerned shall amend any land use plans, as appropriate, upon completion of the programmatic environmental impact statement described in subsection (b).

   Struck: (4) Scope of programmatic environmental impact statement.-- The programmatic environmental impact statement described in paragraph (1)--

   Struck: (A) may be used to advise the Secretary on the impact on natural and cultural resources on Federal lands; and

   Struck: (B) shall not control, delay, or restrict actions by the Secretary to achieve effective control on Federal lands.

   Struck: (d) Intermingled State and Private Land.--This section shall not apply to any private or State-owned land within the boundaries of Federal lands.

   Inserted: (a) 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 execute search and rescue operations and 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: (b) Authorized Activities of U.S. Customs and Border Protection.--U.S. Customs and Border Protection shall have immediate access to Federal land within 100 miles of the international land border 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 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: (1) Construction and maintenance of roads.

   Inserted: (2) Construction and maintenance of barriers.

   Inserted: (3) Use of vehicles to patrol, apprehend, or rescue.

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

   Inserted: (5) Deployment of temporary tactical infrastructure.

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

   Inserted: (1) In general.--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 (b).

   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: (d) 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; or

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

   Inserted: (e) Effect on State and Private Land.--This Act shall--

   Inserted: (1) have no force or effect on State or private land; and

   Inserted: (2) not provide authority on or access to State or private land.

   Original wording

   Strike section 1105 and insert the following:

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

As printed