[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