[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9678 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 9678
To address the public safety issues and environmental destruction
currently impacting Federal lands along the southern border, enhance
border security through the construction of navigable roads on Federal
lands along the southern border, provide U.S. Customs and Border
Protection access to Federal lands to improve the safety and
effectiveness of enforcement activities, allow States to place
temporary barriers on Federal land to secure the southern border,
reduce the massive trash accumulations and environmental degradation
along the southern border, reduce the cultivation of illegal cannabis
on Federal lands, mitigate wildland fires caused by illegal
immigration, and prohibit migrant housing on Federal lands.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 19, 2024
Mr. Ciscomani (for himself, Mr. Westerman, Mr. Green of Tennessee, Mr.
Tiffany, Mr. Amodei, Mr. Bacon, Mr. Barr, Mr. Bilirakis, Mr. Carter of
Georgia, Mrs. Chavez-DeRemer, Mr. Crenshaw, Mr. Edwards, Mr.
Fleischmann, Mr. Fong, Mr. Fulcher, Mr. Gosar, Mr. Graves of Louisiana,
Mr. Grothman, Mr. Guest, Mr. Hill, Ms. Malliotakis, Mr. Newhouse, Mr.
Reschenthaler, Mr. Rouzer, Mr. Stauber, Mr. Steil, Mr. Williams of New
York, Mr. Wittman, Ms. Stefanik, and Mr. Smith of New Jersey)
introduced the following bill; which was referred to the Committee on
Natural Resources, and in addition to the Committees on Agriculture,
the Budget, and Homeland Security, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To address the public safety issues and environmental destruction
currently impacting Federal lands along the southern border, enhance
border security through the construction of navigable roads on Federal
lands along the southern border, provide U.S. Customs and Border
Protection access to Federal lands to improve the safety and
effectiveness of enforcement activities, allow States to place
temporary barriers on Federal land to secure the southern border,
reduce the massive trash accumulations and environmental degradation
along the southern border, reduce the cultivation of illegal cannabis
on Federal lands, mitigate wildland fires caused by illegal
immigration, and prohibit migrant housing on Federal lands.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Lands Amplified Security for
the Homeland (FLASH) Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. Savings clause.
TITLE I--SECURING FEDERAL BORDER LANDS
Sec. 101. Enhancing border security through the construction of
navigable roads along Federal border lands.
Sec. 102. U.S. Customs and Border Protection access to wilderness
areas.
Sec. 103. Placement of movable, temporary structures on certain Federal
land to secure the southern border of the
United States.
Sec. 104. Prohibition on Secretaries of the Interior and Agriculture.
Sec. 105. Interagency cooperative agreement.
TITLE II--ENDING ENVIRONMENTAL DESTRUCTION ON PUBLIC LANDS
Subtitle A--Trash Reduction and Suppressing Harm From Environmental
Degradation at the Border
Sec. 201. Definitions.
Sec. 202. Policies and procedures to reduce trash along the southern
border.
Sec. 203. Transparency and accountability in trash accumulation on the
southern border.
Sec. 204. Penalties and fines.
Subtitle B--Targeting and Offsetting Existing Illegal Contaminants
Sec. 211. Trespass Cannabis Cultivation Site Response Initiatives.
Sec. 212. Criminal penalties for illegal pesticide application.
Sec. 213. Protection of national forests; Rules and Regulations.
Sec. 214. Protection of Federal land; Rules and Regulations.
Subtitle C--Ending Major Border Land Environmental Ruin From Wildfires
Sec. 221. Southern Border Fuels Management Initiative.
Sec. 222. Mitigating environmental degradation and wildland fires
caused by illegal immigration.
TITLE III--PROTECTING OUR COMMUNITIES FROM FAILURE TO SECURE THE BORDER
Sec. 301. Definitions.
Sec. 302. Prohibition on providing housing to specified aliens.
Sec. 303. Report.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committees on Natural Resources,
Agriculture, Homeland Security, and the Judiciary of
the House of Representatives; and
(B) the Committees on Energy and Natural Resources,
Agriculture, Nutrition, and Forestry, Homeland Security
and Governmental Affairs, and the Judiciary of the
Senate.
(2) Border state.--The term ``Border State'' means a State
that abuts the southern border.
(3) Covered federal lands.--
(A) In general.--The term ``covered Federal lands''
means land--
(i) owned by the United States;
(ii) located in a unit that shares an
exterior boundary with the southern border; and
(iii) administered by--
(I) the National Park Service;
(II) the Bureau of Land Management;
(III) the United States Fish and
Wildlife Service;
(IV) the Bureau of Reclamation; or
(V) the Forest Service.
(B) Exclusion.--The term ``covered Federal lands''
does not include Federal lands held in trust for Indian
Tribes.
(4) Operational control.--The term ``operational control''
has the meaning given such term in section 2(b) of the Secure
Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367).
(5) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of the Interior, with respect to
lands under the jurisdiction of the Secretary of the
Interior; and
(B) the Secretary of Agriculture, acting through
the Chief of the Forest Service, with respect to
National Forest System lands.
(6) Southern border.--The term ``southern border'' means
the international border between the United States and Mexico.
SEC. 4. SAVINGS CLAUSE.
(a) Protection of Legal Uses.--Nothing in this Act shall be
construed to provide--
(1) authority to restrict legal uses, such as grazing,
timber harvesting, hunting, oil and gas development, mining, or
recreation on land under the jurisdiction of the Secretary of
the Interior or the Secretary of Agriculture; or
(2) any additional authority to restrict legal access to
such land.
(b) Effect on State and Private Land.--This Act has no force or
effect on State or private lands, and nothing in this Act shall be
construed as providing authority on, or access to, State or private
lands.
(c) Tribal Sovereignty.--Nothing in this Act supersedes, replaces,
negates, or diminishes treaties or other agreements between the United
States and Indian Tribes.
TITLE I--SECURING FEDERAL BORDER LANDS
SEC. 101. ENHANCING BORDER SECURITY THROUGH THE CONSTRUCTION OF
NAVIGABLE ROADS ALONG FEDERAL BORDER LANDS.
(a) Definitions.--In this section:
(1) Navigable road.--The term ``navigable road'' means a
continuous path--
(A) able to accommodate at least a standard
vehicle;
(B) of a width, length, and clearance height
determined by the Secretary concerned, in consultation
with the Secretary of Homeland Security; and
(C) constructed of surface material determined to
be appropriate by the Secretary concerned, in
consultation with the Secretary of Homeland Security.
(2) Secretary of homeland security.--The term ``Secretary
of Homeland Security'' means the Secretary of Homeland
Security, in consultation with the Chief Patrol Agent of each
U.S. Border Patrol sector containing covered Federal lands.
(b) In General.--The Secretary concerned, in consultation with the
Secretary of Homeland Security, shall take such actions as may be
necessary to inventory existing roads and install navigable roads on
covered Federal lands to--
(1) deter illegal crossings in areas of high illegal entry
into the United States;
(2) gain operational control of the southern border; and
(3) increase U.S. Customs and Border Protection access to
covered Federal lands.
(c) Road Requirements.--The navigable roads installed or
inventoried under subsection (b) shall be, to the extent practicable--
(1) at least 584 miles total in length along the portions
of the southern border that abut covered Federal lands;
(2) positioned to optimize U.S. Customs and Border
Protection access to, and enforcement capabilities along, the
southern border;
(3) not more than 10 miles from the southern border; and
(4) completed not less than 5 years after the date of the
enactment of this Act.
(d) Road Access and Maintenance.--In administering the navigable
roads installed under this section, the Secretary concerned shall--
(1) allow access to--
(A) Department of Defense and U.S. Customs and
Border Protection personnel carrying out official
duties;
(B) local law enforcement officials carrying out
official duties;
(C) emergency response personnel carrying out
official duties;
(D) any other personnel the Secretary concerned
deems necessary to carry out the purposes of the
navigable roads described in subsection (b); and
(E) approved or authorized uses of navigable roads
along the southern border; and
(2) maintain the navigable roads as necessary for vehicular
travel.
(e) Security Fencing and Technology.--
(1) In general.--The Secretary concerned shall enter into
cooperative agreements with the Secretary of Homeland Security
for the deployment of the most practical and effective fencing,
surveillance, and related technology along the navigable roads
being installed under this section to--
(A) deter illegal crossings in areas of high
illegal entry into the United States; and
(B) gain operational control of the southern border
by increasing U.S. Customs and Border Protection access
to covered Federal lands.
(2) Timeline.--The Secretary concerned shall ensure
security measures implemented pursuant to this subsection are
in effect in accordance with the timeline established under
subsection (c)(4).
(f) NEPA Compliance.--The Secretary concerned shall ensure
compliance with all applicable laws and regulations, including the
National Environmental Policy Act (42 U.S.C. 4321 et seq.) and the
amendments made to such statute by the Fiscal Responsibility Act of
2023 (Public Law 118-5).
SEC. 102. U.S. CUSTOMS AND BORDER PROTECTION ACCESS TO WILDERNESS
AREAS.
Section 4(d) of the Wilderness Act (16 U.S.C. 1133) is amended by
adding at the end the following:
``(8) U.S. Customs and Border Protection Access.--
``(A) Permissible activities.--Notwithstanding any other
provision of this Act, the Commissioner of U.S. Customs and
Border Protection may conduct the following activities within a
wilderness area for the purpose of securing the international
land borders of the United States:
``(i) Access structures, installations, and roads.
``(ii) Execute search and rescue operations.
``(iii) Use motor vehicles, motorboats, and
motorized equipment.
``(iv) Conduct patrols on foot and on horseback.
``(v) Notwithstanding any other law or regulation
relating specifically to use of aircraft in a
wilderness area or in the airspace above a wilderness
area, use aircraft, including approach, landing, and
takeoff.
``(vi) Deploy tactical infrastructure and
technology.
``(vii) Construct and maintain roads and physical
barriers.
``(B) Protection of wilderness character.--Any activity
conducted by the Commissioner of U.S. Customs and Border
Protection under subparagraph (A) shall be carried out in a
manner that, to the extent possible, protects the wilderness
character of the area.''.
SEC. 103. PLACEMENT OF MOVABLE, TEMPORARY STRUCTURES ON CERTAIN FEDERAL
LAND TO SECURE THE SOUTHERN BORDER OF THE UNITED STATES.
(a) Special Use Authorization.--Subject to subsection (b), the
Secretary concerned shall not require a Border State to obtain a
special use authorization for the temporary placement on covered
Federal lands within the Border State of a movable, temporary structure
for the purpose of securing the southern border, if the Border State
submits to the Secretary concerned notice of the proposed placement not
later than 45 days before the date of the proposed placement.
(b) Temporary Placement.--
(1) In general.--A movable, temporary structure described
in subsection (a) may be placed by a Border State on covered
Federal lands in accordance with that subsection for a period
of not more than 1 year, subject to paragraph (2).
(2) Extension.--
(A) In general.--The period described in paragraph
(1) may be extended in 90-day increments, on approval
by the Secretary concerned.
(B) Consultation required.--The Secretary concerned
shall consult with the Commissioner of U.S. Customs and
Border Protection for purposes of determining whether
to approve an extension under subparagraph (A).
(C) Approval.--The Secretary concerned shall
approve a request for an extension under this paragraph
if the Commissioner of U.S. Customs and Border
Protection determines that operational control has not
been achieved as of the date of the consultation
required under subparagraph (B).
SEC. 104. PROHIBITION ON SECRETARIES OF THE INTERIOR AND AGRICULTURE.
The Secretary of the Interior or the Secretary of Agriculture may
not impede, prohibit, or restrict activities of U.S. Customs and Border
Protection on covered Federal lands located within 100 miles of the
southern border, 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 southern border.
SEC. 105. INTERAGENCY COOPERATIVE AGREEMENT.
The Secretary concerned shall enter into a cooperative agreement
with the Secretary of Homeland Security to fulfill the commitments in
the ``Memorandum of Understanding Among U.S. Department of Homeland
Security and U.S. Department of the Interior and U.S. Department of
Agriculture Regarding Cooperative National Security and
Counterterrorism Efforts on Federal Lands along the United States'
Borders'', signed March 2006, or any succeeding memorandum of
understanding.
TITLE II--ENDING ENVIRONMENTAL DESTRUCTION ON PUBLIC LANDS
Subtitle A--Trash Reduction and Suppressing Harm From Environmental
Degradation at the Border
SEC. 201. DEFINITIONS.
In this subtitle:
(1) Applicable fire and sanitation regulations.--The term
``applicable fire and sanitation regulations'' means the
following provisions of the Code of Federal Regulations, as in
effect on the date of the enactment of this Act:
(A) With respect to lands under the jurisdiction of
the Secretary of the Interior--
(i) sections 2.13 and 2.14 of title 36;
(ii) sections 423.29, 423.31, 423.34,
8365.1-1, 8365.1-7, 8365.2-1, 8365.2-3, 9212.1,
and 9212.2 of title 43; and
(iii) sections 26.34, 27.94, and 27.95 of
title 50.
(B) With respect to National Forest System lands,
sections 261.5 and 261.11 of title 36.
(2) Waste.--The term ``waste'' means any refuse, garbage,
rubbish, trash, debris, or litter left or created by humans and
disposed of--
(A) without authorization from the Federal agency
administering the area where the waste is found; or
(B) outside of a waste collection receptacle.
SEC. 202. POLICIES AND PROCEDURES TO REDUCE TRASH ALONG THE SOUTHERN
BORDER.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary concerned, in coordination with
the Secretary of Homeland Security, shall establish and implement
policies and protocols to prevent and mitigate environmental
degradation caused by aliens without lawful immigration status--
(1) crossing the southern border on covered Federal lands;
or
(2) being housed, or otherwise illegally encroaching or
camping, on National Forest System lands or lands under the
jurisdiction of the Secretary of the Interior.
(b) Protocols.--In developing the policies and protocols under
subsection (a), the Secretary concerned shall consider policies and
seek to implement best practices with respect to--
(1) reducing trash accumulation, particularly in
ecologically sensitive areas--
(A) on covered Federal lands; or
(B) where aliens without lawful immigration status
are being housed, or are otherw