S.Amdt. 1633

SA 1633. Mr. McCAIN submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. BORDER SECURITY ON FEDERAL LANDS ALONG THE SOUTHERN
BORDER.

(a) Definitions.--In this section:
(1) Border security.--The term ``border security'' means--
(A) the functioning and operational capability to conduct
continuous and integrated manned or unmanned, monitoring,
sensing, or surveillance of 100 percent of Southern border
mileage within the Tucson and Yuma sectors or the immediate
vicinity of the Southern border within the Tucson and Yuma
Sectors; and
(B) the apprehension or turn back of illegal entries across
the Southern border in the Tucson and Yuma sectors.
(2) Federal lands.--The term ``Federal lands'' includes all
land under the control of the Secretary concerned that is
located--
(A) within 100 miles of the international border between
the United States and Mexico; and
(B) within the Tucson and Yuma sectors of United States
Border Patrol.
(3) Secretary concerned.--The term ``Secretary concerned''
means--
(A) with respect to land under the jurisdiction of the
Secretary of Agriculture, the Secretary of Agriculture; and
(B) with respect to land under the jurisdiction of the
Secretary of the Interior, the Secretary of the Interior.
(b) Support for Border Security Needs.--
(1) In general.--To achieve border security on Federal
lands--
(A) notwithstanding any other provision of law, the
Secretary concerned shall provide U.S. Customs and Border
Protection personnel with immediate access to Federal lands
for border security activities, including--
(i) routine motorized patrols; and
(ii) the deployment of communications, surveillance, and
detection equipment;
(B) 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; and
(C) the security activities described in subparagraph (A)
shall be conducted, to the maximum extent practicable, in a
manner that the Secretary of Homeland Security determines
will best protect the natural and cultural resources on
Federal lands.
(2) Intermingled state and private land.--Paragraph (1)
shall not apply to any private or State-owned land within the
boundaries of Federal lands.
(3) Sunset.--The requirements under this subsection shall
terminate on the date that is 4 years after the date of the
enactment of this Act.
(c) Report.--Not later than 90 days before the date on
which the requirements under subsection (b) are scheduled to
terminate, the Comptroller General of the United States shall
submit a report to the appropriate congressional committees
that includes--
(1) an analysis of the effectiveness of the actions taken
pursuant to such subsection, including the impact of such
actions on--
(A) border security activities; and
(B) the natural and cultural resources on impacted Federal
lands;
(2) an assessment of the 2006 Memos of Understanding
between the Department of Homeland Security, the Department
of Agriculture, and the Secretary of the Interior regarding
access to Federal and Indian lands for border security
activities, including--
(A) how such memoranda, as in force on the date of the
enactment of this Act, impacted border security activities;
(B) the best way to improve such memoranda and their
application;
(C) specific ways in which such memoranda could be used to
ensure that the Department of Homeland Security receives
timely access to Federal lands for critical border security
activities; and
(D) the number of agency personnel required to effectively
and efficiently execute such memoranda;
(3) a sector-by-sector analysis of the expected impact of
applying the requirements under subsection (b) to the entire
land border of the United States, including--
(A) an assessment of--
(i) how border security activities and natural, cultural,
and historic resources on Federal and Indian lands would be
impacted, including the potential impact on wildlife,
including endangered species;
(ii) any actions the Department of Homeland Security would
need to take to mitigate the impact of border security
actions, including the estimated costs of such actions; and
(iii) whether lack of access hinders border security; and
(B) an examination of the impact of providing the
Department of Homeland Security with increased access to
Federal and Indian lands located within--
(i) 25 miles of the United States border;
(ii) 50 miles of the United States border, or
(iii) 100 miles of the United States border; and
(4) a sector-by-sector analysis of--
(A) the costs incurred by each Secretary concerned relating
to managing and mitigating for illegal border activity on
Federal lands, including the cost of restoring natural
resources that were damaged by illegal border activity;
(B) the impact of illegal traffic on wildlife, including
endangered species and critical habitat; and
(C) the impact of illegal traffic on natural, cultural, and
historic resources on Federal lands.
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