[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2076 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2076

 To provide for the establishment of a border protection strategy for 
  the international land borders of the United States, to address the 
ecological and environmental impacts of border security infrastructure, 
 measures, and activities along the international land borders of the 
                 United States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 23, 2009

  Mr. Grijalva (for himself, Mr. Baca, Mr. Brady of Pennsylvania, Mr. 
Hinchey, Mrs. Capps, Mr. Blumenauer, Mr. Reyes, Ms. Linda T. Sanchez of 
California, Mr. Ortiz, and Ms. Roybal-Allard) introduced the following 
bill; which was referred to the Committee on Homeland Security, and in 
  addition to the Committees on Armed Services 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 provide for the establishment of a border protection strategy for 
  the international land borders of the United States, to address the 
ecological and environmental impacts of border security infrastructure, 
 measures, and activities 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 ``Border Security and Responsibility 
Act 2009''.

SEC. 2. PURPOSE.

    The purposes of this Act are to provide a means whereby 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.

    In this Act:
     (a) Indian Tribe.--The term ``Indian tribe'' has the meaning given 
such term in section 4 of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450b).
    (b) Secretary.--The term ``Secretary'' means the Secretary of 
Homeland Security.
    (c) Secretary Concerned.--The term ``Secretary concerned'' means 
the Secretary of Agriculture with respect to land under the 
jurisdiction of the Secretary of Agriculture, the Secretary of the 
Interior with respect to land under the jurisdiction of the Secretary 
of the Interior, the Secretary of Defense with respect to land under 
the jurisdiction of the Secretary of Defense or the secretary of a 
military department, or the Secretary of Commerce with respect to land 
under the jurisdiction of the Secretary of Commerce

SEC. 4. BORDER PROTECTION STRATEGY.

    (a) Border Protection Strategy.--
            (1) In general.--Not later than September 30, 2009, the 
        Secretary, the Secretary of the Interior, the Secretary of 
        Agriculture, the Secretary of Defense, and the Secretary of 
        Commerce, in consultation with tribal, State, and local 
        officials, shall jointly develop and submit to Congress a 
        border protection strategy for the international land borders 
        of the United States.
            (2) Elements of the strategy.--The strategy developed in 
        accordance with paragraph (1) shall include the following 
        components:
                    (A) A comparative analysis of the levels of 
                operational control, based on auditable and verifiable 
                data, achievable through alternative tactical 
                infrastructure and other security measures. Measures 
                assessed shall include, at a minimum--
                            (i) pedestrian fencing;
                            (ii) vehicle barriers, especially in areas 
                        in the vicinity of existing or planned roads;
                            (iii) additional Border Patrol agents;
                            (iv) efficacy of natural barriers and open 
                        space in response to unauthorized or unlawful 
                        border crossing;
                            (v) fielding of advanced remote sensing and 
                        information integration technology, including 
                        the use of unmanned aerial vehicles and other 
                        advanced technologies and systems, including 
                        systems developed and employed, or under 
                        development, for tactical surveillance, multi-
                        source information integration, and response 
                        analysis in difficult terrain and under adverse 
                        environmental conditions;
                            (vi) regional as well as urban and rural 
                        variation in border security methodologies, and 
                        incorporation of natural barriers;
                            (vii) enhanced cooperation with, and 
                        assistance to, intelligence, security, and law 
                        enforcement agencies in Mexico and Canada in 
                        detecting, reporting, analyzing, and 
                        successfully responding to unauthorized or 
                        unlawful border crossings from or into Mexico 
                        or Canada; and
                            (viii) removal of obstructive non-native 
                        vegetation.
                    (B) A comprehensive analysis of cost and other 
                impacts of security measures assessed in subparagraph 
                (A), including an assessment of--
                            (i) land acquisition costs, including 
                        related litigation and other costs;
                            (ii) construction costs, including both 
                        labor and material costs;
                            (iii) maintenance costs over 25 years;
                            (iv) contractor costs;
                            (v) management and overhead costs;
                            (vi) the impacts on wildlife, wildlife 
                        habitat, natural communities, and functioning 
                        cross-border wildlife migration corridors and 
                        hydrology (including water quantity, quality, 
                        and natural hydrologic flows) on Federal, 
                        tribal, State, local, and private lands along 
                        the border;
                            (vii) costs of fully mitigating the adverse 
                        impacts to Federal, tribal, State, local, and 
                        private lands, waters (including water quality, 
                        quantity, and hydrological flows), wildlife, 
                        and wildlife habitats, including, where such 
                        action is possible, the full costs of the 
                        replacement or restoration of severed wildlife 
                        migration corridors with protected corridors of 
                        equivalent biological functionality, as 
                        determined by each Secretary concerned, in 
                        consultation with appropriate authorities of 
                        tribal, State, and local governments and 
                        appropriate authorities of Mexico and Canada; 
                        and
                            (viii) the impacts on culture, safety, and 
                        quality of life on residents in the vicinity of 
                        the border.
                    (C) A comprehensive compilation of the fiscal 
                investments in acquiring or managing Federal, tribal, 
                state, local, and private lands and waters in the 
                vicinity of, or ecologically related to, the land 
                borders of the United States that have been acquired or 
                managed in whole or in part for conservation purposes 
                (including the creation or management of protected 
                wildlife migration corridors) in--
                            (i) units of the National Park System;
                            (ii) National Forest System land;
                            (iii) land under the jurisdiction of the 
                        Bureau of Land Management;
                            (iv) land under the jurisdiction of the 
                        United States Fish and Wildlife Service;
                            (v) other relevant land under the 
                        jurisdiction of the Department of the Interior 
                        or the Department of Agriculture;
                            (vi) land under the jurisdiction of the 
                        Department of Defense or the individual 
                        military department;
                            (vii) land under the jurisdiction of the 
                        Department of Commerce;
                            (viii) tribal lands;
                            (ix) State and private lands; and
                            (x) lands within Mexico and Canada.
                    (D) Recommendations for strategic border security 
                management based on comparative security as detailed in 
                subparagraph (A), the cost-benefit analysis as detailed 
                in subparagraph (B), as well as protection of 
                investments in public lands specified in subparagraph 
                (C).
            (3) Training.--
                    (A) Required training.--The Secretary, in 
                cooperation with the Secretary concerned, shall 
                provide--
                            (i) natural resource protection training 
                        for Customs and Border Protection agents or 
                        other Federal personnel assigned to plan or 
                        oversee the construction or operation of border 
                        security tactical infrastructure or to patrol 
                        land along or in the vicinity of a land border 
                        of the United States; and
                            (ii) cultural resource training for Customs 
                        and Border Protection agents and other Federal 
                        personnel assigned to plan or oversee the 
                        construction or operation of border security 
                        tactical infrastructure or to patrol tribal 
                        lands.
                    (B) Additional considerations.--In developing and 
                providing training under clause (i) of subparagraph 
                (A), the Secretary shall coordinate with the Secretary 
                concerned and the relevant tribal government to ensure 
                that such training is appropriate to the mission of the 
                relevant agency and is focused on achieving border 
                security objectives while avoiding or minimizing the 
                adverse impact on natural and cultural resources 
                resulting from border security tactical infrastructure, 
                operations, or other activities.

SEC. 5. ACTIONS TO GAIN OPERATIONAL CONTROL OF THE INTERNATIONAL LAND 
              BORDERS OF THE UNITED STATES.

    (a) In General.--Section 102 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1103 
note) is amended to read as follows:

``SEC. 102. IMPROVEMENT OF OPERATIONAL CONTROL OF BORDER.

    ``(a) In General.--The Secretary of Homeland Security shall take 
such actions as may be required to gain operational control of the 
international land borders of the United States. Such actions may be 
taken only in accordance with the border protection strategy developed 
under section 4(a) of the Border Security and Responsibility Act of 
2009.
    ``(b) Priority of Methods.--In carrying out the requirements of 
subsection (a), the Secretary of Homeland Security shall, where 
practicable, give first priority to the use of remote cameras, sensors, 
removal of non-native vegetation, incorporation of natural barriers, 
additional manpower, unmanned aerial vehicles, or other low impact 
border enforcement techniques.
    ``(c) Consultation.--
            ``(1) In general.--In carrying out this section, the 
        Secretary of Homeland Security shall consult with the Secretary 
        of the Interior, the Secretary of Agriculture, the Secretary of 
        Defense, Secretary of Commerce, States, local governments, 
        tribal governments, and private property owners in the United 
        States to minimize the impact on the environment, culture, 
        commerce, safety, and quality of life for the communities and 
        residents located near the sites at which actions under 
        subsection (a) are proposed to be taken.
            ``(2) Rule of construction.--Nothing in this subsection may 
        be construed to--
                    ``(A) create or negate any right of action for a 
                State, local government, tribal government, or other 
                person or entity affected by this subsection;
                    ``(B) affect the eminent domain laws of the United 
                States or of any State; or
                    ``(C) waive the application of any other applicable 
                Federal, State, local, or tribal law.
            ``(3) Limitation on requirements.--Notwithstanding 
        subsection (a), nothing in this section shall require the 
        Secretary of Homeland Security to install fencing, physical 
        barriers, roads, lighting, cameras, or sensors in a particular 
        location along an international border of the United States if 
        the Secretary determines that the use or placement of such 
        resources is not the most effective and appropriate means to 
        achieve and maintain operational control over the international 
        border at such location, or if the Secretary determines that 
        the direct and indirect costs of or the impacts on the 
        environment, culture, commerce, safety, or quality of life for 
        the communities and residents along the border likely to result 
        from the use or placement of such resources outweigh the 
        benefits of such use or placement.''.
    (b) Preconditions.--In fulfilling the requirements of section 102 
of the Illegal Immigration Reform and Immigrant Responsibility Act of 
1996, as amended by this section, the Secretary of Homeland Security 
shall not commence any construction of fencing, physical barriers, 
roads, lighting, cameras, sensors, or other tactical infrastructure 
along or in the vicinity of an international land border of the United 
States, or award or expend funds pursuant to any contract or other 
agreement related thereto, prior to 90 days following the submission to 
Congress of the border protection strategy required under section 4(a) 
of this Act.

SEC. 6. BORDERLANDS MONITORING AND MITIGATION.

    (a) In General.--The Secretary, in consultation with the Secretary 
of the Interior, the Secretary of Agriculture, the Secretary of 
Defense, the Secretary of Commerce, and the heads of appropriate State 
and tribal wildlife agencies and entities, shall develop and implement 
a comprehensive monitoring and mitigation plan to address the 
ecological and environmental impacts of border security infrastructure, 
measures, and activities along the international land borders of the 
United States.
    (b) Requirements.--The mitigation plan required under subsection 
(a) shall include, at a minimum, measures to address and mitigate the 
full range of ecological and environmental impacts of border security 
infrastructure, measures, and activities, including--
            (1) preserving, maintaining, and, if necessary, restoring 
        wildlife migration corridors, key habitats, and the 
        ecologically functional connectivity between and among key 
        habitats sufficient to ensure that species (whether or not 
        designated as rare, protected, or of concern) remain viable and 
        are able to adapt to the impacts of climate change;
            (2) addressing control of invasive species and implementing 
        measures necessary to avoid the spread of such species;
            (3) maintaining hydrological functionality, including water 
        quantity and quality;
            (4) incorporating adaptive management, including detailed 
        provisions for long-term monitoring of the mitigation plan's 
        effectiveness and for necessary adjustments to such plan based 
        on such monitoring results; and
            (5) protection of cultural and historical resources.
    (c) Preemption.--
            (1) In general.--Notwithstanding any other provision of 
        law, the Secretary may, subject to paragraph (2), carry out the 
        mitigation plan required under subsection (a) on any Federal, 
        State, local, tribal, or private lands in the vicinity of or 
        ecologically related to an international land border of the 
        United States regardless of which individual, agency, or entity 
        has ownership of or principal responsibility for the management 
        of any such lands.
            (2) Conditions.--Activities carried out pursuant to 
        paragraph (1) in connection with the mitigation plan shall be 
        carried out in full consultation with, and with the concurrence 
        of, the owner of, or entity with principal responsibility for, 
        the management of the lands described in such paragraph.
    (d) Administration.--
            (1) Authorization.--The Secretary of Homeland Security may 
        transfer funds of the Department of Homeland Security to other 
        Federal agencies for--
                    (A) expenditure under programs (including any 
                international programs) of such agencies that are 
                designed to fund conservation related activities 
                (directly or through grants or similar mechanisms) on 
                non-Federal lands, including land acquisition programs; 
                and
                    (B) mitigation activities on Federal lands managed 
                by such agencies, if such activities are required to 
                implement the mitigation plan required under subsection 
                (a) and if the costs of such activities are higher than 
                the costs associated with managing such lands in the 
                absence of such activities.
            (2) Exemption from reprogramming requirements.--Funds 
        transferred pursuant to the authorization under paragraph (1) 
        shall not be subject to reprogramming requirements.
            (3) Acceptance and use of donations.--The Secretary may 
        accept and use donations for the purpose of developing and 
        implementing the mitigation plan required under subsection (a), 
        and may transfer such funds to any other Federal agency for 
        expenditure under such plan pursuant to paragraph (1).
    (e) Authorization of Appropriations.--Notwithstanding any other 
provision of law, funds appropriated to the Department of Homeland 
Security for border security infrastructure and activities may be used 
by the Secretary to develop and implement the mitigation plan required 
under subsection (a).
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