[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