[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 750 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 243
114th CONGRESS
  1st Session
                                 S. 750

                          [Report No. 114-150]

To achieve border security on certain Federal lands along the Southern 
                                border.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 17, 2015

 Mr. McCain (for himself and Mr. Flake) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

                            October 1, 2015

               Reported by Mr. Johnson, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To achieve border security on certain Federal lands along the Southern 
                                border.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Arizona Borderlands 
Protection and Preservation Act''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Border security.--The term ``border security'' 
        means--</DELETED>
                <DELETED>    (A) the functioning and operational 
                capability to conduct continuous and integrated manned 
                or unmanned, monitoring, sensing, or surveillance of 
                100 percent of Southern border mileage or the immediate 
                vicinity of the Southern border; and</DELETED>
                <DELETED>    (B) the apprehension or turn back of all 
                illegal entries across the Southern border during a 
                fiscal year.</DELETED>
        <DELETED>    (2) Federal lands.--The term ``Federal lands'' 
        includes all land under the control of the Secretary concerned 
        that is located within the Southwest border region in the 
        Tucson and Yuma sectors of United States Border Patrol along 
        the Southern border.</DELETED>
        <DELETED>    (3) Secretary.--The term ``Secretary'' means the 
        Secretary of Homeland Security.</DELETED>
        <DELETED>    (4) Secretary concerned.--The term ``Secretary 
        concerned'' means--</DELETED>
                <DELETED>    (A) with respect to land under the 
                jurisdiction of the Secretary of Agriculture, the 
                Secretary of Agriculture; and</DELETED>
                <DELETED>    (B) with respect to land under the 
                jurisdiction of the Secretary of the Interior, the 
                Secretary of the Interior.</DELETED>
        <DELETED>    (5) Southern border.--The term ``Southern border'' 
        means the international border between the United States and 
        Mexico.</DELETED>

<DELETED>SEC. 3. SUPPORT FOR BORDER SECURITY NEEDS.</DELETED>

<DELETED>    (a) In General.--To achieve border security on Federal 
lands--</DELETED>
        <DELETED>    (1) the Secretary and the Secretary concerned, 
        notwithstanding any other provision of law, shall provide U.S. 
        Customs and Border Protection personnel with immediate access 
        to Federal lands for border security activities, including--
        </DELETED>
                <DELETED>    (A) routine motorized patrols; 
                and</DELETED>
                <DELETED>    (B) the deployment of communications, 
                surveillance, and detection equipment; and</DELETED>
        <DELETED>    (2) the Secretary concerned may provide education 
        and training to U.S. Customs and Border Protection personnel on 
        the natural and cultural resources present on individual 
        Federal land units.</DELETED>
<DELETED>    (b) Intermingled State and Private Land.--Subsection (a) 
shall not apply to any private or State-owned land within the 
boundaries of Federal lands.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Arizona Borderlands Protection and 
Preservation Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Border security.--The term ``border security'' means--
                    (A) the functioning and operational capability to 
                conduct continuous and integrated manned or unmanned, 
                monitoring, sensing, or surveillance of 100 percent of 
                Southern border mileage within the Tucson and Yuma 
                sectors or the immediate vicinity of the Southern 
                border within the Tucson and Yuma Sectors; and
                    (B) the apprehension or turn back of illegal 
                entries across the Southern border in the Tucson and 
                Yuma sectors.
            (2) Federal lands.--The term ``Federal lands'' includes all 
        land under the control of the Secretary concerned that is 
        located--
                    (A) within 100 miles of the international border 
                between the United States and Mexico; and
                    (B) within the Tucson and Yuma sectors of United 
                States Border Patrol.
            (3) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) with respect to land under the jurisdiction of 
                the Secretary of Agriculture, the Secretary of 
                Agriculture; and
                    (B) with respect to land under the jurisdiction of 
                the Secretary of the Interior, the Secretary of the 
                Interior.

SEC. 3. SUPPORT FOR BORDER SECURITY NEEDS.

    (a) In General.--To achieve border security on Federal lands--
            (1) notwithstanding any other provision of law, the 
        Secretary concerned shall provide U.S. Customs and Border 
        Protection personnel with immediate access to Federal lands for 
        border security activities, including--
                    (A) routine motorized patrols; and
                    (B) the deployment of communications, surveillance, 
                and detection equipment;
            (2) the Secretary concerned may provide education and 
        training to U.S. Customs and Border Protection personnel on the 
        natural and cultural resources present on individual Federal 
        land units; and
            (3) the security activities described in paragraph (1) 
        shall be conducted, to the maximum extent practicable, in a 
        manner that the Secretary of Homeland Security determines will 
        best protect the natural and cultural resources on Federal 
        lands.
    (b) Intermingled State and Private Land.--Subsection (a) shall not 
apply to any private or State-owned land within the boundaries of 
Federal lands.
    (c) Sunset.--The requirements under this section shall terminate on 
the date that is 4 years after the date of the enactment of this Act.

SEC. 4. REPORT.

    Not later than 90 days before the date on which the requirements 
under section 3 are scheduled to terminate, the Comptroller General of 
the United States shall submit a report to the appropriate 
congressional committees that includes--
            (1) an analysis of the effectiveness of the actions taken 
        pursuant to such section, including the impact of such actions 
        on--
                    (A) border security activities; and
                    (B) the natural and cultural resources on impacted 
                Federal lands;
            (2) an assessment of the 2006 Memos of Understanding 
        between the Department of Homeland Security, the Department of 
        Agriculture, and the Secretary of the Interior regarding access 
        to Federal and Indian lands for border security activities, 
        including--
                    (A) how such memoranda, as in force on the date of 
                the enactment of this Act, impacted border security 
                activities;
                    (B) the best way to improve such memoranda and 
                their application;
                    (C) specific ways in which such memoranda could be 
                used to ensure that the Department of Homeland Security 
                receives timely access to Federal lands for critical 
                border security activities; and
                    (D) the number of agency personnel required to 
                effectively and efficiently execute such memoranda;
            (3) a sector-by-sector analysis of the expected impact of 
        applying the requirements under section 3 to the entire land 
        border of the United States, including--
                    (A) an assessment of--
                            (i) how border security activities and 
                        natural, cultural, and historic resources on 
                        Federal and Indian lands would be impacted, 
                        including the potential impact on wildlife, 
                        including endangered species;
                            (ii) any actions the Department of Homeland 
                        Security would need to take to mitigate the 
                        impact of border security actions, including 
                        the estimated costs of such actions; and
                            (iii) whether lack of access hinders border 
                        security; and
                    (B) an examination of the impact of providing the 
                Department of Homeland Security with increased access 
                to Federal and Indian lands located within--
                            (i) 25 miles of the United States border;
                            (ii) 50 miles of the United States border, 
                        or
                            (iii) 100 miles of the United States 
                        border; and
            (4) a sector-by-sector analysis of--
                    (A) the costs incurred by each Secretary concerned 
                relating to managing and mitigating for illegal border 
                activity on Federal lands, including the cost of 
                restoring natural resources that were damaged by 
                illegal border activity;
                    (B) the impact of illegal traffic on wildlife, 
                including endangered species and critical habitat; and
                    (C) the impact of illegal traffic on natural, 
                cultural, and historic resources on Federal lands.
                                                       Calendar No. 243

114th CONGRESS

  1st Session

                                 S. 750

                          [Report No. 114-150]

_______________________________________________________________________

                                 A BILL

To achieve border security on certain Federal lands along the Southern 
                                border.

_______________________________________________________________________

                            October 1, 2015

                       Reported with an amendment