S.Amdt. 2015

SA 2015. Mr. HEINRICH (for himself, Ms. Heitkamp, and Mr. Udall)
submitted an amendment intended to be proposed by him to the bill H.R.
2579, to amend the Internal Revenue Code of 1986 to allow the premium
tax credit with respect to unsubsidized COBRA continuation coverage;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. RECEIPT OF COMPENSATION REQUIRED FOR USE OF EMINENT
DOMAIN FOR CONSTRUCTION OF BORDER
INFRASTRUCTURE.

Notwithstanding section 3114 of title 40, United States
Code, or section 102 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note;
Public Law 104-208) the Federal Government shall not take
physical possession of any land acquired, or proposed to be
acquired, pursuant to those sections for the construction of
any infrastructure (including a pedestrian fence, vehicle
barrier, levee, gate, wall, fence, road, or port of entry) at
the international border between the United States and Mexico
until the date on which the applicable court determines
that--
(1) in the case of private land--
(A) all persons or entities entitled to compensation for
the acquisition have received the entire full fair market
value amount of compensation due on the date of acquisition
of the private land; and
(B) all relevant court proceedings described in section
3114(a) of title 40, United States Code, have been--
(i) completed; and
(ii) terminated by the court;
(2) in the case of State land (including State land in the
vicinity of a unit of the National Wildlife Refuge System, a
unit of the National Park System, or Tribal land or in the
vicinity of a historic district or a State park)--
(A) the requirements of subparagraphs (A) and (B) of
paragraph (1) have been met; and
(B) all relevant stakeholders (including Tribes) have been
consulted and have approved the acquisition; and
(3) in the case of Tribal land--
(A) the requirements of subparagraphs (A) and (B) of
paragraph (1) have been met; and
(B) all relevant Tribal stakeholders have been consulted
and have approved the acquisition.

SEC. ___. CONSULTATION REQUIRED PRIOR TO ACQUISITION OF LAND
FOR CONSTRUCTION OF BORDER INFRASTRUCTURE.

(a) In General.--Before implementing any plan to acquire
private land, State land, or Tribal land on which the
Secretary of Homeland Security (referred to in this section
as the ``Secretary'') intends to build or construct a
temporary or permanent structure related to efforts to secure
or protect the border between the United States and Mexico,
the Secretary shall conduct significant consultation with--
(1) any owners of the land proposed to be acquired; and
(2) any individuals or communities that could be impacted
by the construction of the structure, as determined by the
Secretary.
(b) Final Plans; Transparency.--Before beginning
construction of a temporary or permanent structure described
in subsection (a), the Secretary shall--
(1) give significant weight to the opinions and information
presented to the Secretary during the consultation process
conducted under that subsection; and
(2) publish in the Federal Register information describing
ways in which the final plan of the Secretary for acquiring
the land or constructing the structure was modified as a
result of the consultation process conducted under that
subsection.
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