[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 365 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 365

To prohibit the construction of new border barriers, including walls or 
        fences, on certain Federal land, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 9, 2019

 Mr. Espaillat (for himself, Mr. Gonzalez of Texas, and Mr. Garamendi) 
 introduced the following bill; which was referred to the Committee on 
                           Homeland Security

_______________________________________________________________________

                                 A BILL


 
To prohibit the construction of new border barriers, including walls or 
        fences, on certain Federal land, 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 ``This Land Is Our Land Act''.

SEC. 2. PROHIBITION ON THE CONSTRUCTION OF NEW BORDER BARRIERS, 
              INCLUDING WALLS OR FENCES, ON CERTAIN FEDERAL LAND.

    (a) Prohibition.--
            (1) In general.--Notwithstanding any other provision of 
        law, including the waiver provision provided 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) (including any waivers of laws issued pursuant to such 
        provision on, before, or after the date of the enactment of 
        this Act), the Secretary of Homeland Security may not construct 
        any new border barriers, including walls or fences, on 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 that are not in 
        existence as of the date of the enactment of this Act.
            (2) Rule of construction.--The prohibition under paragraph 
        (1) may not be construed to prohibit the maintenance or repair 
        by the Secretary of Homeland Security of any border barriers, 
        including walls or fences, on 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 that are in existence as of the 
        date of the enactment of this Act.
    (b) Withholding of Certain Funding.--
            (1) In general.--Notwithstanding any other provision of 
        law, the Secretary of Homeland Security may not obligate or 
        expend any funds appropriated or otherwise made available 
        (including through fees) to the Secretary to construct any new 
        border barriers, including walls or fences, on 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 that are not in existence as 
        of the date of the enactment of this Act.
            (2) Rule of construction.--The prohibition under paragraph 
        (1) may not be construed to prohibit the obligation or 
        expenditure of funds described in such paragraph for the 
        maintenance or repair by the Secretary of Homeland Security of 
        any border barriers, including walls or fences, on 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 that are in existence as of 
        the date of the enactment of this Act.
    (c) National Emergencies.--The President may not obligate or expend 
funds to construct any new border barrier, including walls or fences 
along the border between the United States and Mexico pursuant to a 
declaration of a national emergency pursuant to any provision of law, 
including section 2808 of title 10, United States Code, the National 
Emergencies Act, or the Immigration and Nationality Act.
    (d) Eminent Domain.--Any authorization to exercise, in the name of 
the United States, the right of eminent domain, shall have no force or 
effect to the extent that the purpose of such exercise is to construct 
any new border barriers, including walls or fences, on 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.
    (e) 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.
    (f) Tribal Sovereignty.--Nothing in this Act supersedes, replaces, 
negates, or diminishes treaties or other agreements between the United 
States and Indian tribes.
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