[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2593 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2593

To secure and conserve Federal public lands and natural resources along 
  the international land borders of the United States, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 6, 2007

 Mr. Grijalva introduced the following bill; which was referred to the 
 Committee on Homeland Security, and in addition to the Committees on 
  Natural Resources and 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 secure and conserve Federal public lands and natural resources along 
  the international land borders of the United States, and for other 
                               purposes.

    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 Borderlands Conservation and 
Security Act of 2007''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) The United States-Mexico border area contains a high 
        concentration of protected Federal lands, including National 
        Parks, National Monuments, National Wildlife Refuges, National 
        Forests, and Wilderness Areas. These lands are of significant 
        ecological, educational, historic, cultural, recreational and 
        economic value to the United States and its people.
            (2) The United States and Mexico have collaborated to 
        address shared conservation and security issues, including 
        migratory, imperiled, and invasive species, border operations 
        and security, cultural resources, and trans-boundary pollution.
            (3) Federal lands and resources along the United States-
        Mexico border have suffered extensive damage from the effects 
        of unauthorized immigration, human and drug smuggling, and 
        border enforcement activities.
            (4) Increased coordination and planning between the 
        Department of Homeland Security and Federal land management 
        agencies can help avoid and mitigate damage to Federal lands 
        and resources along the United States-Mexico border while 
        improving border security.
    (b) Purposes.--The purposes of this Act are to provide a means 
whereby the Federal lands and resources along the United States-Mexico 
border are provided the highest protection possible from the effects of 
unauthorized immigration, human and drug smuggling, and border 
enforcement activities, while ensuring that all operations necessary to 
achieve border security are undertaken.

SEC. 3. DEFINITIONS.

    (a) Protected Land.--The term ``protected land'' means land under 
the jurisdiction of the Secretary concerned.
    (b) Secretary.--The term ``Secretary'' means the Secretary of 
Homeland Security.
    (c) Secretary Concerned.--The term ``Secretary concerned'' means--
            (1) with respect to land under the jurisdiction of the 
        Secretary of Agriculture, the Secretary of Agriculture; and
            (2) with respect to land under the jurisdiction of the 
        Secretary of the Interior, the Secretary of the Interior.

SEC. 4. PROTECTION OF BORDERLAND ENVIRONMENT.

    (a) Border Protection Strategy.--
            (1) In general.--Not later than May 30, 2008, the 
        Secretary, the Secretary of the Interior, and the Secretary of 
        Agriculture shall jointly develop a border protection strategy 
        that supports the border security needs of the United States in 
        the manner that best protects--
                    (A) units of the National Park System;
                    (B) National Forest System land;
                    (C) land under the jurisdiction of the Bureau of 
                Land Management;
                    (D) land under the jurisdiction of the United 
                States Fish and Wildlife Service; and
                    (E) other relevant land under the jurisdiction of 
                the Department of the Interior or the Department of 
                Agriculture.
            (2) Tribal lands.--The Secretary, in consultation with 
        Tribal officials, shall jointly develop a border protection 
        strategy for tribal lands along the United States-Mexico 
        border.
    (b) Required Training.--The Secretary, in cooperation with the 
Secretary concerned, shall provide--
            (1) Federal land resource training for Customs and Border 
        Protection agents assigned to patrol protected land; and
            (2) cultural resource training for Customs and Border 
        Protection agents assigned to patrol tribal lands.
    (c) Coordination.--In providing training for Customs and Border 
Protection agents under subsection (b)(1), the Secretary shall 
coordinate with the Secretary concerned to ensure that the training is 
appropriate to the mission of the relevant agency of the Department of 
the Interior or the Department of Agriculture to minimize the adverse 
impact on natural and cultural resources from border enforcement 
activities.
    (d) Inventory of Costs and Activities.--The Secretary concerned 
shall develop and submit to the Secretary an inventory of costs 
incurred by the Secretary concerned relating to illegal border activity 
and border enforcement activities, including the cost of--
            (1) infrastructure;
            (2) equipment;
            (3) training;
            (4) recurring maintenance;
            (5) construction of facilities;
            (6) restoration of natural and cultural resources;
            (7) recapitalization of facilities; and
            (8) operations.
    (e) Recommendations.--The Secretary shall--
            (1) develop joint recommendations with the Secretary of the 
        Interior and the Secretary of Agriculture for an appropriate 
        cost recovery mechanism relating to items identified in 
        subsection (d); and
            (2) not later than May 30, 2008, submit to the appropriate 
        congressional committees (as defined in section 2 of the 
        Homeland Security Act of 2002 (6 U.S.C. 101)), including the 
        Subcommittee on National Parks of the Senate and the 
        Subcommittee on National Parks, Forests, and Public Lands of 
        the House of Representatives, the recommendations developed 
        under paragraph (1).

SEC. 5. BORDER BARRIER CONSTRUCTION.

    (a) Fencing and Other Barriers on Public Lands.--Section 102(b)(1) 
of the Illegal Immigration Reform and Immigrant Responsibility Act of 
1996 (Public Law 104-208; 8 U.S.C. 1103 note) is amended--
            (1) in subparagraph (A), in the matter preceding clause 
        (i), by striking ``the Secretary of Homeland Security shall 
        provide for least 2 layers of reinforced fencing, the 
        installation of additional physical barriers, roads, lighting, 
        cameras, and sensors--'' and inserting ``the Secretary of 
        Homeland Security, in consultation with the Secretary of 
        Agriculture, the Secretary of the Interior, or the heads of 
        other Federal agencies, as appropriate, and State, local, and 
        tribal officials, shall provide for fencing, vehicle barriers, 
        roads, lighting, cameras, sensors, or other surveillance and 
        barrier tools as necessary--'';
            (2) in subparagraph (B)(i), by striking ``2007'' and 
        inserting ``2008''; and
            (3) by adding after subparagraph (C) the following new 
        subparagraph:
                    ``(D) Manner of construction.--In carrying out the 
                requirements of subsection (a), the Secretary of 
                Homeland Security shall, where practicable, prioritize 
                the use of unmanned aerial vehicles, remote cameras, 
                sensors, vehicle barriers, or other low impact border 
                enforcement techniques on lands under the jurisdiction 
                of the Secretary of Agriculture, the Secretary of the 
                Interior, or other Federal agencies.''.
    (b) Applicability of Existing Laws.--Section 102(c) of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1103 note), is repealed.
    (c) Federal Lands.--In fulfilling the requirements of section 
102(b)(1) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 as amended by subsection (a), the Secretary 
of Homeland Security shall not commence any construction of fencing on 
any lands under the jurisdiction of the Secretary of Agriculture or the 
Secretary of the Interior prior to the submission to Congress by the 
Secretary of Homeland Security of the Border Protection Strategy 
mandated by section 4(a) of this Act.

SEC. 6. BORDERLANDS CONSERVATION FUND.

    (a) In General.--The Secretary shall--
            (1) establish a program to provide financial assistance for 
        projects consistent with the goal of improved management of 
        ecologically sensitive or listed species, improved wildlife 
        habitat to aid in the management of these species, and 
        mitigating the impacts of border enforcement, human and drug 
        smuggling, and unauthorized immigration on these species, 
        pending approval of project applications; and
            (2) subject to the availability of funds, award grants to 
        eligible organizations to promote conservation of these 
        species.
    (b) Definitions.--
            (1) In this section:
                    (A) Conservation.--The term ``conservation'' means 
                the use of methods and procedures necessary to prevent 
                the diminution of, and to sustain viable populations of 
                species that occur in the United States--Mexico 
                borderlands. This includes all activities associated 
                with the protection and management of wildlife species 
                of the borderland region and with the protection of the 
                habitat upon which they depend.
                    (B) Fund.--The term ``fund'' means the Borderland 
                Conservation Fund established in this section.
                    (C) Secretary.--The term ``Secretary'' means the 
                Secretary of the Interior.
    (c) Project Proposals.--
            (1) Submission of proposals.--A proposal for a project for 
        the conservation of species identified in this Act may be 
        submitted to the Secretary by--
                    (A) any local wildlife management authority in the 
                United States or Mexico; and
                    (B) any person or non-governmental organization 
                with the demonstrated ability and experience working 
                with the taxa for which a proposal is submitted.
            (2) Elements.--A proposal submitted under paragraph (1) 
        shall contain the following elements:
                    (A) A concise statement of the proposed action that 
                includes a statement of need and benefits to the 
                species to be achieved by the project proposal.
                    (B) An outline of methods to be used to accomplish 
                the tasks outlined in the project proposal.
                    (C) The name of the project applicant and their 
                affiliation.
                    (D) An estimate of the cost and time frame for 
                project completion.
                    (E) Identification of all mechanisms to ensure 
                local involvement in the project.
                    (F) Assurances that the project has received 
                endorsement of the responsible wildlife management 
                authority and other appropriate authorities.
                    (G) Information on the source and amount of any 
                matching funds to be used for completion of the 
                project.
    (d) Project Review and Approval.--The Secretary shall--
            (1) establish a protocol for soliciting and reviewing 
        proposals for Borderland Conservation Fund monies; and
            (2) within the framework established by the Secretary, call 
        for proposals in all years when funds are available in the 
        Borderland Conservation Fund.
    (e) Criteria for Approval.--To be eligible for approval, a project 
must enhance conservation of wildlife species and their habitat by 
assisting efforts to--
            (1) develop sound scientific information on--
                    (A) population trends for approved wildlife 
                species;
                    (B) identification of threats to wildlife 
                populations or the habitat upon which they depend, 
                particularly due to border security measures, 
                construction, enforcement, or illegal activity; and
                    (C) identification of methods to improve habitat 
                conditions or to improve the status of the wildlife 
                species, particularly those impacted by border security 
                measures, construction, enforcement, or illegal 
                activity;
            (2) implement species or habitat conservation plans;
            (3) promote cooperation among local citizens, wildlife and 
        habitat management agencies, and nongovernmental organizations 
        in programs that would be approved under this Act; and
            (4) build local capacity to implement scientifically sound 
        wildlife or habitat management programs.
    (f) Matching Funds.--In determining whether to approve project 
proposals under this section, the Secretary shall give preference to 
projects with matching non-Federal funds.
    (g) Project Reporting.--
            (1) Recipient reports.--In any year for which a recipient 
        is awarded funds under this Act, the recipient shall submit a 
        report to the Secretary that outlines significant 
        accomplishments of the project, significant deviations from the 
        approved project proposal, and financial expenditures related 
        to the project for that year.
            (2) Secretarial reports.--The Secretary shall submit an 
        annual report to Congress outlining accomplishments under this 
        Act related to the improved conservation of borderland 
        resources.
    (h) Establishment.--There is established in the Multinational 
Species Conservation Fund a separate account to be known as the 
``Borderland Conservation Fund'' consisting of--
            (1) amounts transferred to the Secretary of the Treasury 
        for deposit into the Borderland Conservation Fund;
            (2) amounts appropriated to the fund; and
            (3) any interest earned on investments from funds held 
        within the fund.
    (i) Expenditures From the Fund.--
            (1) In general.--Subject to paragraph (2), upon request by 
        the Secretary, the Secretary of the Treasury shall transfer 
        from the Borderland Conservation Fund to the Secretary, without 
        further appropriation, such amounts as the Secretary determines 
        necessary to carry out projects under this Act.
            (2) Administrative expenses.--Of the amounts in the account 
        available for each fiscal year, the Secretary may expend not 
        more than 3 percent or $80,000, whichever is greater, of the 
        fund balance annually to pay the administrative expenses 
        necessary to carry out this Act.
            (3) Focus.--Not less than 30 percent of the amounts made 
        available to the fund for each fiscal year shall be expended 
        for projects carried out in Mexico.
    (j) Investments of Amounts.--
            (1) In general.--The Secretary of the Treasury shall invest 
        amounts in the fund that are not, in the judgment of the 
        Secretary of the Treasury, required to meet withdrawals. 
        Investments may be made only in interest-bearing obligations of 
        the United States.
            (2) Acquisitions of obligations.--For the purpose of 
        investments under paragraph (1), obligations may be acquired--
                    (A) on original issue at the issue price; or
                    (B) by purchase of outstanding obligations at the 
                market price.
            (3) Sale of obligations.--Any obligation acquired by the 
        fund may be sold by the Secretary of the Treasury at the market 
        price.
            (4) Credits to fund.--The interest on, and the proceeds 
        from the sale or redemption of, any obligations held in the 
        fund shall be credited to and form a part of the fund.
    (k) Transfers of Amounts.--
            (1) In general.--The amounts required to be transferred to 
        the fund under this section shall be transferred at least 
        monthly from the general fund of the Treasury to the fund on 
        the basis of estimates made by the Secretary of the Treasury.
            (2) Adjustments.--Proper adjustment shall be made in 
        amounts subsequently transferred to the extent prior estimates 
        were in excess of or less than the amounts required to be 
        transferred.
    (l) Acceptance and Use of Donations.--The Secretary may accept and 
use donations to provide assistance under section 4. Amounts received 
by the Secretary in the form of donations shall be transferred to the 
Secretary of the Treasury for deposit into the Fund.
    (m) Authorization of Appropriations.--There are authorized to be 
appropriated to the fund through the Secretary $5,000,000 for each of 
fiscal years 2009 through 2013.
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