[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 263 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                 S. 263

    To ensure the receipt of required compensation before physical 
possession by the Federal Government of any land subject to the use of 
      eminent domain for the construction of United States border 
   infrastructure and to provide for a consultation process prior to 
               acquiring land for border infrastructure.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 29, 2019

 Mr. Heinrich (for himself, Ms. Harris, Mrs. Feinstein, and Mr. Udall) 
introduced the following bill; which was read twice and referred to the 
        Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
    To ensure the receipt of required compensation before physical 
possession by the Federal Government of any land subject to the use of 
      eminent domain for the construction of United States border 
   infrastructure and to provide for a consultation process prior to 
               acquiring land for border infrastructure.

    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 ``Full Fair and Complete Exchange 
Act'' or the ``FACE Act''.

SEC. 2. RECEIPT OF COMPENSATION REQUIRED FOR USE OF EMINENT DOMAIN FOR 
              CONSTRUCTION OF BORDER INFRASTRUCTURE.

    Notwithstanding section 3114 of title 40, United States Code, or 
section 102 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1103 note; Public Law 104-208) the 
Federal Government shall not take physical possession of any land 
acquired, or proposed to be acquired, pursuant to those sections for 
the construction of any infrastructure (including a pedestrian fence, 
vehicle barrier, levee, gate, wall, fence, road, or port of entry) at 
the international border between the United States and Mexico until the 
date on which the applicable court determines that--
            (1) in the case of private land--
                    (A) all persons or entities entitled to 
                compensation for the acquisition have received the 
                entire full fair market value amount of compensation 
                due on the date of acquisition of the private land; and
                    (B) all relevant court proceedings described in 
                section 3114(a) of title 40, United States Code, have 
                been--
                            (i) completed; and
                            (ii) terminated by the court;
            (2) in the case of State land (including State land in the 
        vicinity of a unit of the National Wildlife Refuge System, a 
        unit of the National Park System, or Tribal land or in the 
        vicinity of a historic district or a State park)--
                    (A) the requirements of subparagraphs (A) and (B) 
                of paragraph (1) have been met; and
                    (B) all relevant stakeholders have been consulted 
                on the acquisition, including--
                            (i) any State agencies that manage the 
                        State land;
                            (ii) any State agencies that administer the 
                        use of resources on the State land;
                            (iii) any permittees, leaseholders, and 
                        other users of the State land; and
                            (iv) any individuals, communities, and 
                        Tribes that could be impacted by the 
                        construction of the structure on the State 
                        land, as determined by the Secretary; and
            (3) in the case of Tribal land--
                    (A) the requirements of subparagraphs (A) and (B) 
                of paragraph (1) have been met; and
                    (B) all relevant Tribal stakeholders have been 
                consulted and have approved the acquisition.

SEC. 3. CONSULTATION REQUIRED PRIOR TO ACQUISITION OF LAND FOR 
              CONSTRUCTION OF BORDER INFRASTRUCTURE.

    (a) In General.--Before implementing any plan to acquire private 
land, State land, or Tribal land on which the Secretary of Homeland 
Security (referred to in this section as the ``Secretary'') intends to 
build or construct a temporary or permanent structure related to 
efforts to secure or protect the border between the United States and 
Mexico, the Secretary shall conduct meaningful and significant 
consultation with--
            (1) any owners of the parcels of land proposed to be 
        acquired;
            (2) any State agencies that manage the applicable land;
            (3) any other State agencies that administer the use of 
        resources on the applicable land;
            (4) any permittees, leaseholders, and other users of the 
        applicable land; and
            (5) any individuals, communities, or Tribes that could be 
        impacted by the construction of the structure on the applicable 
        land, as determined by the Secretary.
    (b) Public Meetings.--The Secretary shall conduct 2 public meetings 
located within 100 miles of each parcel of private land, State land, or 
Tribal land subject to potential acquisition under subsection (a), 
subject to the requirements that--
            (1) the first public meeting shall be conducted at the 
        beginning of the consultation process under subsection (a)--
                    (A) to inform any landowner or entity, as described 
                in subsection (a)(1), of the intent of the Secretary to 
                acquire the land from the landowner; and
                    (B) to receive comments and input regarding the 
                proposed acquisition; and
            (2) the second public meeting shall be conducted at the end 
        of the consultation process under subsection (a) to inform any 
        landowner or entity, as described in subsection (a)(1), of--
                    (A) the decision of the Secretary relating to the 
                proposed acquisition; and
                    (B)(i) any changes to the acquisition plan to 
                address issues raised during the consultation process; 
                or
                    (ii) any reasons for not making changes to the 
                acquisition plan to address issues raised during the 
                consultation process.
    (c) Final Plans; Transparency.--Before beginning construction of a 
temporary or permanent structure described in subsection (a), the 
Secretary shall--
            (1) give significant weight to the opinions and information 
        presented to the Secretary during the consultation process 
        conducted under that subsection; and
            (2) publish in the Federal Register information 
        describing--
                    (A) ways in which the final plan of the Secretary 
                for acquiring the land or constructing the structure 
                was modified as a result of the consultation process 
                conducted under that subsection; and
                    (B) ways in which the final plan of the Secretary 
                for acquiring the land or constructing the structure 
                was not modified as a result of valid concerns raised 
                to the proposed modifications during the consultation 
                process conducted under that subsection.
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