[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4034 Introduced in House (IH)]

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114th CONGRESS
  1st Session
                                H. R. 4034

   To require fencing along and operational control of the southwest 
                    border, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 17, 2015

 Mr. Fleming 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 require fencing along and operational control of the southwest 
                    border, 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 ``Secure Fence Restoration Act of 
2015''.

SEC. 2. FENCING ALONG AND OPERATIONAL CONTROL OF THE SOUTHWEST BORDER.

    (a) Fencing.--Paragraph (1) of section 102(b) of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1103 note) is amended--
            (1) in subparagraph (A), by inserting ``, not later than 
        December 31, 2017,'' before ``construct'';
            (2) in subparagraph (B)--
                    (A) in clause (i), by striking ``370 miles, or 
                other mileage determined by the Secretary, whose 
                authority to determine other mileage shall expire on 
                December 31, 2008,'' and inserting ``areas''; and
                    (B) in clause (ii), by striking ``2008'' and 
                inserting ``2017''; and
            (3) by striking subparagraph (D).
    (b) Operational Control.--Subsection (a) of section 2 of the Secure 
Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367) is amended, 
in the matter preceding paragraph (1)--
            (1) by striking ``18 months after the date of the enactment 
        of this Act,'' and inserting ``December 31, 2017,''; and
            (2) by inserting ``, in consultation with State and local 
        officials along the international border between the United 
        States and Mexico, including governors of border States, mayors 
        of border towns and cities, and border sheriffs,'' before 
        ``shall''.

SEC. 3. PROHIBITION ON ACTIONS THAT IMPEDE BORDER SECURITY ON CERTAIN 
              FEDERAL LAND.

    (a) Short Title.--This section may be cited as the ``National 
Security and Federal Lands Protection Act''.
    (b) Prohibition on Secretaries of the Interior and Agriculture.--
Neither the Secretary of the Interior or the Secretary of Agriculture 
may impede, prohibit, or restrict activities of U.S. Customs and Border 
Protection on Federal land located within 100 miles of an international 
land border that is under the jurisdiction of the Secretary of the 
Interior or the Secretary of Agriculture, as the case may be, 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 such border.
    (c) Authorized Activities of U.S. Customs and Border Protection.--
U.S. Customs and Border Protection shall have immediate access to 
Federal land within 100 miles of the international land border under 
the jurisdiction of the Secretary of the Interior or the Secretary of 
Agriculture for purposes of conducting the following activities on such 
land that prevent all unlawful entries into the United States, 
including entries by terrorists, other unlawful aliens, instruments of 
terrorism, narcotics, or other contraband through such border:
            (1) Construction and maintenance of roads.
            (2) Construction and maintenance of barriers.
            (3) Use of vehicles to patrol, apprehend, or rescue.
            (4) Installation, maintenance, and operation of 
        communications and surveillance equipment and sensors.
            (5) Deployment of temporary tactical infrastructure.
    (d) Clarification Relating to Waiver Authority.--
            (1) In general.--Notwithstanding any other provision of law 
        (including any termination date relating to the waiver referred 
        to in this subsection), the waiver by the Secretary of Homeland 
        Security on April 1, 2008, under section 102(c)(1) of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (8 U.S.C. 1103 note; Public Law 104-208) of the laws 
        referred to in paragraph (2) of this subsection with respect to 
        certain sections of the international border between the United 
        States and Mexico and between the United States and Canada 
        shall be considered to apply to all Federal land under the 
        jurisdiction of the Secretary of the Interior or the Secretary 
        of Agriculture within 100 miles of the international land 
        borders of the United States for the activities of U.S. Customs 
        and Border Protection specified in subsection (c) of this 
        section.
            (2) Description of laws waived.--The laws referred to in 
        paragraph (1) are the Wilderness Act (16 U.S.C. 1131 et seq.), 
        the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
        et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.), the National Historic Preservation Act (16 U.S.C. 470 et 
        seq.), Public Law 86-523 (16 U.S.C. 469 et seq.), the Act of 
        June 8, 1906 (commonly known as the ``Antiquities Act of 
        1906''; 16 U.S.C. 431 et seq.), the Wild and Scenic Rivers Act 
        (16 U.S.C. 1271 et seq.), the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1701 et seq.), the National 
        Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 
        668dd et seq.), the Fish and Wildlife Act of 1956 (16 U.S.C. 
        742a et seq.), the Fish and Wildlife Coordination Act (16 
        U.S.C. 661 et seq.), subchapter II of chapter 5, and chapter 7, 
        of title 5, United States Code (commonly known as the 
        ``Administrative Procedure Act''), the National Park Service 
        Organic Act (16 U.S.C. 1 et seq.), the General Authorities Act 
        of 1970 (Public Law 91-383) (16 U.S.C. 1a-1 et seq.), sections 
        401(7), 403, and 404 of the National Parks and Recreation Act 
        of 1978 (Public Law 95-625, 92 Stat. 3467), and the Arizona 
        Desert Wilderness Act of 1990 (16 U.S.C. 1132 note; Public Law 
        101-628).
    (e) Protection of Legal Uses.--This section may not be construed to 
provide--
            (1) authority to restrict legal uses, such as grazing, 
        hunting, mining, or public-use recreational and backcountry 
        airstrips 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.
    (f) Effect on State and Private Land.--This Act shall--
            (1) have no force or effect on State or private lands; and
            (2) not provide authority on or access to State or private 
        lands.
    (g) Tribal Sovereignty.--Nothing in this section supersedes, 
replaces, negates, or diminishes treaties or other agreements between 
the United States and Indian tribes.
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