[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3629 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3629

To require the Secretary of Homeland Security to develop and implement 
a mitigation plan to address the ecological impacts of border security 
            measures and activities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 22, 2009

 Mr. Rodriguez (for himself and Mr. Grijalva) introduced the following 
bill; which was referred to the Committee on Natural Resources, and in 
  addition to the Committee on 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 require the Secretary of Homeland Security to develop and implement 
a mitigation plan to address the ecological impacts of border security 
            measures and activities, 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 ``Healthy Borderlands Act of 2009''.

SEC. 2. MITIGATION PLAN.

    (a) In General.--The Secretary of Homeland Security, in 
consultation with the Secretary of the Interior, the Secretary of 
Agriculture, and the heads of appropriate State and tribal wildlife 
agencies and entities, shall develop and implement a comprehensive 
mitigation plan (in this section referred to as the ``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 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 of Homeland Security may, subject to 
        paragraph (2), carry out the mitigation plan on any Federal, 
        State, private, or tribal lands regardless of which individual, 
        agency, or entity has principal responsibility for the 
        management of any such lands.
            (2) Conditions.--Activities carried out under 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 of such agencies 
                that are designed to fund conservation related 
                activities 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 and if the costs of such 
                activities are above the costs associated with managing 
                such lands in the absence of such activities.
            (2) Acceptance and use of donations.--The Secretary of 
        Homeland Security may accept and use donations for the purpose 
        of developing and implementing the mitigation plan, and may 
        transfer such funds to any other Federal agency for expenditure 
        under such plan pursuant to the authorization under paragraph 
        (1).
            (3) Exemption from reprogramming requirements.--Funds 
        transferred pursuant to the authorization under paragraph (1), 
        including donations under paragraph (2), shall not be subject 
        to reprogramming requirements.
            (4) Authorization of appropriations.--Notwithstanding any 
        other provision of law, amounts authorized to be appropriated 
        to the Secretary of Homeland Security for border security 
        infrastructure and activities may be used by the Secretary to 
        develop and implement the mitigation plan.
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