118 HR 9682 IH: Ending Major Borderland Environmental Ruin from Wildfires (EMBER) Act U.S. House of Representatives 2024-09-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 118th CONGRESS2d Session H. R. 9682 IN THE HOUSE OF REPRESENTATIVES September 19, 2024 Mr. Calvert introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, 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 mitigate environmental degradation and wildland fires caused by illegal immigration along the southern border of the United States, and for other purposes.

1.

Short title

This Act may be cited as the Ending Major Borderland Environmental Ruin from Wildfires (EMBER) Act.

2.

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.

3.

Southern Border Fuels Management Initiative

(a)

Establishment

Not later than 1 year after the date of the enactment of this Act, the Secretary of the Interior shall establish a program to be known as the Southern Border Fuels Management Initiative (in this section referred to as the Initiative). (b)

Purpose

The purpose of the Initiative is to carry out vegetation management activities along the southern border in order to— (1)reduce the risk of catastrophic wildfire along the southern border and improve landscape resilience; (2)improve operational control of the southern border; and (3)improve visibility and sight lines along the southern border to increase safety for law enforcement. (c)

Activities

In carrying out the Initiative, the Secretary shall— (1)reduce hazardous fuels along the southern border; (2)address invasive or non-native species along the southern border that contribute to wildfire risk or decrease operation efficiency of border patrol operations; (3)install fuel breaks along the southern border; and (4)set targets for acres to treat under the program for each fiscal year. (d)

Coordination

In carrying out the Initiative, the Secretary shall coordinate and may enter into memorandums of understanding with the Forest Service, U.S. Border Patrol, and State, local, or Tribal law enforcement agencies. (e)

Authorization of appropriations

There is authorized to be appropriated to the Secretary of the Interior to carry out this section $3,660,000 for each of fiscal years 2025 through 2031. (f)

Termination

The Initiative shall terminate 7 years after the date of the enactment of this Act.

4.

Mitigating environmental degradation and wildland fires caused by illegal immigration

(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 mitigate, avoid, or prevent— (1)wildland fires ignited by aliens without lawful immigration status; and (2)environmental degradation on covered Federal lands caused by aliens without lawful immigration status crossing the southern border. (b)

Protocols

In developing the protocols under subsection (a), the Secretary concerned shall consider policies to— (1)reduce trash accumulation along the southern border, particularly in ecologically sensitive areas; (2)prevent the ignition of wildland fires by aliens without lawful immigration status, particularly in areas where there is a risk of— (A)loss of life or property; (B)damage to critical wildlife habitat; (C)damage to public infrastructure; and (D)degradation of watersheds or public water sources; (3)address the destruction of sensitive natural and archeological resources; and (4)address the destruction of wildlife habitat. (c)

Report to congress

Not later than 1 year after the date of the enactment of this Act, the Secretary concerned shall submit to the appropriate congressional committees a report that includes— (1)a description of the policies and protocols established under subsection (a); (2)a catalog of all reported incidents of environmental degradation and wildland fires ignited by aliens without lawful immigration status, including— (A)the number of acres burned and total number of fires ignited; (B)a description of each incident of environmental degradation and the total number of such incidents; (C)the estimated cost of cleaning up or remediating such environmental degradation; (D)the number of such aliens connected to each fire and whether or not they were apprehended; and (E)the area in which incidents of environmental degradation occurred, including areas congressionally designated for the protection of natural resources; and (3)additional resources or authorities necessary to mitigate, avoid, or prevent wildland fires and environmental degradation caused by aliens without lawful immigration status crossing the southern border. (d)

Updated report

(1)

In general

Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall update its November 2011 report entitled Federal Agencies Could Better Utilize Law Enforcement Resources in Support of Wildland Fire Management Activities. (2)

Additional states considered

In updating the report under paragraph (1), the Comptroller General shall include information on each Border State.