118 HR 9678 IH: Federal Lands Amplified Security for the Homeland (FLASH) Act
U.S. House of Representatives
2024-09-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I
118th CONGRESS
2d Session
H. R. 9678
IN THE HOUSE OF REPRESENTATIVES
September 19, 2024
Mr. Ciscomani (for himself, Mr. Westerman, Mr. Green of Tennessee, Mr. Tiffany, Mr. Amodei, Mr. Bacon, Mr. Barr, Mr. Bilirakis, Mr. Carter of Georgia, Mrs. Chavez-DeRemer, Mr. Crenshaw, Mr. Edwards, Mr. Fleischmann, Mr. Fong, Mr. Fulcher, Mr. Gosar, Mr. Graves of Louisiana, Mr. Grothman, Mr. Guest, Mr. Hill, Ms. Malliotakis, Mr. Newhouse, Mr. Reschenthaler, Mr. Rouzer, Mr. Stauber, Mr. Steil, Mr. Williams of New York, Mr. Wittman, Ms. Stefanik, and Mr. Smith of New Jersey) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, the Budget, and 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 address the public safety issues and environmental destruction currently impacting Federal lands along the southern border, enhance border security through the construction of navigable roads on Federal lands along the southern border, provide U.S. Customs and Border Protection access to Federal lands to improve the safety and effectiveness of enforcement activities, allow States to place temporary barriers on Federal land to secure the southern border, reduce the massive trash accumulations and environmental degradation along the southern border, reduce the cultivation of illegal cannabis on Federal lands, mitigate wildland fires caused by illegal immigration, and prohibit migrant housing on Federal lands.
1.

Short title
This Act may be cited as the “Federal Lands Amplified Security for the Homeland (FLASH) Act”.
2.

Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. Savings clause.
Title I—Securing Federal Border Lands
Sec. 101. Enhancing border security through the construction of navigable roads along Federal border lands.
Sec. 102. U.S. Customs and Border Protection access to wilderness areas.
Sec. 103. Placement of movable, temporary structures on certain Federal land to secure the southern border of the United States.
Sec. 104. Prohibition on Secretaries of the Interior and Agriculture.
Sec. 105. Interagency cooperative agreement.
Title II—Ending Environmental Destruction on Public Lands
Subtitle A—Trash Reduction and Suppressing Harm from Environmental Degradation at the Border
Sec. 201. Definitions.
Sec. 202. Policies and procedures to reduce trash along the southern border.
Sec. 203. Transparency and accountability in trash accumulation on the southern border.
Sec. 204. Penalties and fines.
Subtitle B—Targeting and Offsetting Existing Illegal Contaminants
Sec. 211. Trespass Cannabis Cultivation Site Response Initiatives.
Sec. 212. Criminal penalties for illegal pesticide application.
Sec. 213. Protection of national forests; Rules and Regulations.
Sec. 214. Protection of Federal land; Rules and Regulations.
Subtitle C—Ending Major Border Land Environmental Ruin from Wildfires
Sec. 221. Southern Border Fuels Management Initiative.
Sec. 222. Mitigating environmental degradation and wildland fires caused by illegal immigration.
Title III—Protecting Our Communities from Failure to Secure the Border
Sec. 301. Definitions.
Sec. 302. Prohibition on providing housing to specified aliens.
Sec. 303. Report.
3.

Definitions
In this Act:
(1)

Appropriate congressional committees
The term appropriate congressional committees means—
(A)
the Committees on Natural Resources, Agriculture, Homeland Security, and the Judiciary of the House of Representatives; and
(B)
the Committees on Energy and Natural Resources, Agriculture, Nutrition, and Forestry, Homeland Security and Governmental Affairs, and the Judiciary of the Senate.
(2)

Border State
The term Border State means a State that abuts the southern border.
(3)

Covered federal lands
(A)

In general
The term covered Federal lands means land—
(i)
owned by the United States;
(ii)
located in a unit that shares an exterior boundary with the southern border; and
(iii)
administered by—
(I)
the National Park Service;
(II)
the Bureau of Land Management;
(III)
the United States Fish and Wildlife Service;
(IV)
the Bureau of Reclamation; or
(V)
the Forest Service.
(B)

Exclusion
The term covered Federal lands does not include Federal lands held in trust for Indian Tribes.
(4)

Operational control
The term operational control has the meaning given such term in section 2(b) of the Secure Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109–367).
(5)

Secretary concerned
The term Secretary concerned means—
(A)
the Secretary of the Interior, with respect to lands under the jurisdiction of the Secretary of the Interior; and
(B)
the Secretary of Agriculture, acting through the Chief of the Forest Service, with respect to National Forest System lands.
(6)

Southern border
The term southern border means the international border between the United States and Mexico.
4.

Savings clause
(a)

Protection of legal uses
Nothing in this Act shall be construed to provide—
(1)
authority to restrict legal uses, such as grazing, timber harvesting, hunting, oil and gas development, mining, or recreation 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.
(b)

Effect on State and Private land
This Act has no force or effect on State or private lands, and nothing in this Act shall be construed as providing authority on, or access to, State or private lands.
(c)

Tribal sovereignty
Nothing in this Act supersedes, replaces, negates, or diminishes treaties or other agreements between the United States and Indian Tribes.
I

Securing Federal Border Lands
101.

Enhancing border security through the construction of navigable roads along Federal border lands
(a)

Definitions
In this section:
(1)

Navigable road
The term navigable road means a continuous path—
(A)
able to accommodate at least a standard vehicle;
(B)
of a width, length, and clearance height determined by the Secretary concerned, in consultation with the Secretary of Homeland Security; and
(C)
constructed of surface material determined to be appropriate by the Secretary concerned, in consultation with the Secretary of Homeland Security.
(2)

Secretary of Homeland Security
The term Secretary of Homeland Security means the Secretary of Homeland Security, in consultation with the Chief Patrol Agent of each U.S. Border Patrol sector containing covered Federal lands.
(b)

In general
The Secretary concerned, in consultation with the Secretary of Homeland Security, shall take such actions as may be necessary to inventory existing roads and install navigable roads on covered Federal lands to—
(1)
deter illegal crossings in areas of high illegal entry into the United States;
(2)
gain operational control of the southern border; and
(3)
increase U.S. Customs and Border Protection access to covered Federal lands.
(c)

Road requirements
The navigable roads installed or inventoried under subsection (b) shall be, to the extent practicable—
(1)
at least 584 miles total in length along the portions of the southern border that abut covered Federal lands;
(2)
positioned to optimize U.S. Customs and Border Protection access to, and enforcement capabilities along, the southern border;
(3)
not more than 10 miles from the southern border; and
(4)
completed not less than 5 years after the date of the enactment of this Act.
(d)

Road access and maintenance
In administering the navigable roads installed under this section, the Secretary concerned shall—
(1)
allow access to—
(A)
Department of Defense and U.S. Customs and Border Protection personnel carrying out official duties;
(B)
local law enforcement officials carrying out official duties;
(C)
emergency response personnel carrying out official duties;
(D)
any other personnel the Secretary concerned deems necessary to carry out the purposes of the navigable roads described in subsection (b); and
(E)
approved or authorized uses of navigable roads along the southern border; and
(2)
maintain the navigable roads as necessary for vehicular travel.
(e)

Security fencing and technology
(1)

In general
The Secretary concerned shall enter into cooperative agreements with the Secretary of Homeland Security for the deployment of the most practical and effective fencing, surveillance, and related technology along the navigable roads being installed under this section to—
(A)
deter illegal crossings in areas of high illegal entry into the United States; and
(B)
gain operational control of the southern border by increasing U.S. Customs and Border Protection access to covered Federal lands.
(2)

Timeline
The Secretary concerned shall ensure security measures implemented pursuant to this subsection are in effect in accordance with the timeline established under subsection (c)(4).
(f)

NEPA compliance
The Secretary concerned shall ensure compliance with all applicable laws and regulations, including the National Environmental Policy Act (42 U.S.C. 4321 et seq.) and the amendments made to such statute by the Fiscal Responsibility Act of 2023 (Public Law 118–5).
102.

U.S. Customs and Border Protection access to wilderness areas
Section 4(d) of the Wilderness Act (16 U.S.C. 1133) is amended by adding at the end the following:
“(8)

U.S. Customs and Border Protection access
(A)

Permissible activities
Notwithstanding any other provision of this Act, the Commissioner of U.S. Customs and Border Protection may conduct the following activities within a wilderness area for the purpose of securing the international land borders of the United States:
(i)
Access structures, installations, and roads.
(ii)
Execute search and rescue operations.
(iii)
Use motor vehicles, motorboats, and motorized equipment.
(iv)
Conduct patrols on foot and on horseback.
(v)
Notwithstanding any other law or regulation relating specifically to use of aircraft in a wilderness area or in the airspace above a wilderness area, use aircraft, including approach, landing, and takeoff.
(vi)
Deploy tactical infrastructure and technology.
(vii)
Construct and maintain roads and physical barriers.
(B)

Protection of wilderness character
Any activity conducted by the Commissioner of U.S. Customs and Border Protection under subparagraph (A) shall be carried out in a manner that, to the extent possible, protects the wilderness character of the area.”.
103.

Placement of movable, temporary structures on certain Federal land to secure the southern border of the United States
(a)

Special use authorization
Subject to subsection (b), the Secretary concerned shall not require a Border State to obtain a special use authorization for the temporary placement on covered Federal lands within the Border State of a movable, temporary structure for the purpose of securing the southern border, if the Border State submits to the Secretary concerned notice of the proposed placement not later than 45 days before the date of the proposed placement.
(b)

Temporary placement
(1)

In general
A movable, temporary structure described in subsection (a) may be placed by a Border State on covered Federal lands in accordance with that subsection for a period of not more than 1 year, subject to paragraph (2).
(2)

Extension
(A)

In general
The period described in paragraph (1) may be extended in 90-day increments, on approval by the Secretary concerned.
(B)

Consultation required
The Secretary concerned shall consult with the Commissioner of U.S. Customs and Border Protection for purposes of determining whether to approve an extension under subparagraph (A).
(C)

Approval
The Secretary concerned shall approve a request for an extension under this paragraph if the Commissioner of U.S. Customs and Border Protection determines that operational control has not been achieved as of the date of the consultation required under subparagraph (B).
104.

Prohibition on Secretaries of the Interior and Agriculture
The Secretary of the Interior or the Secretary of Agriculture may not impede, prohibit, or restrict activities of U.S. Customs and Border Protection on covered Federal lands located within 100 miles of the southern border, 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 the southern border.
105.

Interagency cooperative agreement
The Secretary concerned shall enter into a cooperative agreement with the Secretary of Homeland Security to fulfill the commitments in the “Memorandum of Understanding Among U.S. Department of Homeland Security and U.S. Department of the Interior and U.S. Department of Agriculture Regarding Cooperative National Security and Counterterrorism Efforts on Federal Lands along the United States’ Borders”, signed March 2006, or any succeeding memorandum of understanding.
II

Ending Environmental Destruction on Public Lands
A

Trash Reduction and Suppressing Harm from Environmental Degradation at the Border
201.

Definitions
In this subtitle:
(1)

Applicable fire and sanitation regulations
The term applicable fire and sanitation regulations means the following provisions of the Code of Federal Regulations, as in effect on the date of the enactment of this Act:
(A)
With respect to lands under the jurisdiction of the Secretary of the Interior—
(i)
sections 2.13 and 2.14 of title 36;
(ii)
sections 423.29, 423.31, 423.34, 8365.1–1, 8365.1–7, 8365.2–1, 8365.2–3, 9212.1, and 9212.2 of title 43; and
(iii)
sections 26.34, 27.94, and 27.95 of title 50.
(B)
With respect to National Forest System lands, sections 261.5 and 261.11 of title 36.
(2)

Waste
The term waste means any refuse, garbage, rubbish, trash, debris, or litter left or created by humans and disposed of—
(A)
without authorization from the Federal agency administering the area where the waste is found; or
(B)
outside of a waste collection receptacle.
202.

Policies and procedures to reduce trash along the southern border
(a)

In general
Not later than 90 days after the date of the enactment of this Act, the Secretary concerned, in coordination with the Secretary of Homeland Security, shall establish and implement policies and protocols to prevent and mitigate environmental degradation caused by aliens without lawful immigration status—
(1)
crossing the southern border on covered Federal lands; or
(2)
being housed, or otherwise illegally encroaching or camping, on National Forest System lands or lands under the jurisdiction of the Secretary of the Interior.
(b)

Protocols
In developing the policies and protocols under subsection (a), the Secretary concerned shall consider policies and seek to implement best practices with respect to—
(1)
reducing trash accumulation, particularly in ecologically sensitive areas—
(A)
on covered Federal lands; or
(B)
where aliens without lawful immigration status are being housed, or are otherwise illegally encroaching or camping, on National Forest System lands or lands under the jurisdiction of the Secretary of the Interior;
(2)
addressing the destruction of sensitive natural and archaeological resources; and
(3)
addressing the destruction of wildlife habitat.
203.

Transparency and accountability in trash accumulation on the southern border
(a)

In general
Not later than 180 days after the date of the enactment of this Act, and for each fiscal year thereafter, the Secretary concerned shall submit to the appropriate congressional committees a report on the amount of waste collected in the following areas:
(1)
Covered Federal lands.
(2)
Sites on National Forest System lands or lands under the jurisdiction of the Secretary of the Interior—
(A)
on which aliens without lawful immigration status are being housed, or are otherwise illegally encroaching or camping; or
(B)
used for the illegal cultivation of narcotics, including the cultivation of cannabis, by aliens without lawful immigration status.
(b)

Contents of report
Each report submitted under subsection (a) shall include the following with respect to areas covered by the report:
(1)
The total amount of waste collected (in pounds) by employees and contractors of Federal agencies and the cost of collecting such waste, including a breakdown by agency, region, or other unit the Secretary concerned determines appropriate in illustrating the distribution of waste.
(2)
Suggestions on how to reduce environmental degradation caused by waste.
(3)
Data provided by Federal, State, and local agencies, nonprofit and volunteer organizations, and individuals with respect to—
(A)
the amount of waste collected; and
(B)
the number of waste collection events.
(4)
The total number of acres of wildlife habitat impacted by waste.
(5)
The discovery of any unauthorized trails or roads.
(6)
The number of wildfires started as a result of unauthorized human activity, including fires started by aliens without lawful immigration status.
(7)
Any other information the Secretary concerned determines appropriate to demonstrate the amount of waste found or collected.
(c)

Collection data
(1)

In general
In developing the reports required under subsection (a), the Secretary concerned shall—
(A)
collaborate in information gathering with State, local, nonprofit, and volunteer organizations and individuals assisting in waste collection efforts; and
(B)
to the maximum extent practicable, verify the information provided by such organizations and individuals.
(2)

Protection of data
The Secretary concerned shall take precautions to ensure the privacy of organizations and individuals submitting data for the purposes of this section and prevent the disclosure of personal identifiable information to the public.
(d)

Dates for submission
Except for the first report submitted in accordance with subsection (a), the Secretary concerned shall submit to the appropriate congressional committees each fiscal year a report not later than 90 days after the last day of the fiscal year covered by the report.
204.

Penalties and fines
(a)

In general
An alien without lawful immigration status who, while on covered Federal land, carries out an activity prohibited under applicable fire and sanitation regulations shall be subject to criminal penalties and fines authorized under such regulations.
(b)

Increased penalties and fines
Not later than 1 year after the date of the enactment of this Act, the Secretary concerned shall promulgate rules and regulations ensuring that the penalties and fines for carrying out, on covered Federal lands, the prohibited activities referred to in subsection (a) are escalated, such that the lower of the following increases occurs:
(1)
The maximum term of imprisonment and fines are doubled.
(2)
The maximum term of imprisonment and fines are raised to the greatest extent possible, such that—
(A)
the maximum term of imprisonment does not exceed 1 year; and
(B)
the fine does not exceed $250,000.
(c)

Enforcement
The Secretary concerned shall enforce existing regulations regarding criminal penalties and fines authorized under such regulations, specifically regarding applicable fire and sanitation regulations on covered Federal land.
(d)

Report
Not later than 180 days after the date of the enactment of this Act, and for each fiscal year thereafter, the Secretary concerned shall submit to the appropriate congressional committees a report detailing the total amount collected in fines under subsection (a).
B

Targeting and Offsetting Existing Illegal Contaminants
211.

Trespass Cannabis Cultivation Site Response Initiatives
(a)

Definitions
In this section:
(1)

Covered response action
The term covered response action means any activity to remove or remediate a release or threat of release to the environment, resulting from the cultivation of cannabis by a trespasser, of hazardous substances, pollutants, contaminants, improper pesticides, or refuse, including detection, identification, assessment, monitoring, and cleanup activities.
(2)

Improper pesticide
The term improper pesticide means a pesticide that is—
(A)
at the time of application, cancelled by the Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.);
(B)
improperly applied; or
(C)
intentionally misused.
(3)

Improperly apply
The term improperly apply means to use any registered pesticide in a manner—
(A)
inconsistent with its labeling (as that term is defined in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136)); or
(B)
that poses a risk to environmental or human health.
(4)

Indian Tribe
The term Indian Tribe has the meaning given the term Indian tribe in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601).
(5)

Intentionally misused
The term intentionally misused means, with respect to a pesticide, the storage or application of a pesticide on a cultivation site on Federal land which poses an indirect or direct risk to wildlife, fish, or pollinators.
(6)

Nonprofit conservation organization
The term nonprofit conservation organization means an organization—
(A)
that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; and
(B)
the primary purpose of which is conservation of natural resources.
(7)

Owner of adjacent property
The term owner of adjacent property means the owner of property that is adjacent to land—
(A)
that is under the jurisdiction of a Secretary concerned; and
(B)
on which a covered response action is carried out under this section.
(8)

Trespass Cannabis Cultivation Site Response Initiative; initiative
The terms Trespass Cannabis Cultivation Site Response Initiative and initiative mean an initiative carried out under subsection (b).
(b)

Trespass cannabis cultivation site response initiatives
(1)

In general
The Secretary of Agriculture and the Secretary of the Interior shall each carry out an initiative of environmental response to contamination resulting from the cultivation of cannabis by trespassers on land under the jurisdiction of the applicable Secretary, each of which shall be known as a Trespass Cannabis Cultivation Site Response Initiative.
(2)

Administrative office within the Department of Agriculture and the Department of the Interior
The Secretary of Agriculture and the Secretary of the Interior shall identify a branch within the Forest Service and the Department of the Interior, respectively, which shall have the experience, expertise, and responsibility for carrying out the applicable initiative successfully.
(c)

Initiative goals
The goals of each initiative shall include the detection, identification, assessment, investigation, monitoring, and development of solutions to, and response to, contamination resulting from the cultivation of cannabis by trespassers on land under the jurisdiction of the Secretary concerned.
(d)

Responsibility for covered response actions
(1)

Basic responsibility
Except with respect to a covered response action that is required to be taken by a potentially responsible party pursuant to an agreement under section 122 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9622), the Secretary concerned shall carry out all necessary covered response actions on land under the jurisdiction of the Secretary concerned.
(2)

State fees and charges
Fees and charges imposed by a State on the disposal of hazardous substances, pollutants, contaminants, improper pesticides, or refuse resulting from the cultivation of cannabis shall apply to covered response actions carried out under this section.
(e)

Services of other entities
(1)

In general
The Secretary concerned may enter into agreements on a reimbursable or other basis with any other Federal agency, any State or local government agency, any Indian Tribe, any owner of adjacent property, or any nonprofit conservation organization to obtain the services of the agency, Indian Tribe, owner, or organization to assist the Secretary concerned in carrying out the applicable initiative, including carrying out covered response actions under this section.
(2)

Data and safety
Agreements under paragraph (1) may require approval and adherence to safety, data collection, monitoring, assessment, and reporting parameters set forth by the Secretary concerned.
(3)

Cross-fiscal year agreements
An agreement under paragraph (1) may be for a period that begins in one fiscal year and ends in another fiscal year so long as the period of the agreement does not exceed three fiscal years.
(4)

Limitation on reimbursable agreements
An agreement under paragraph (1) may not—
(A)
provide for reimbursement for regulatory enforcement activities; or
(B)
with respect to a site—
(i)
change the cleanup standards selected for the site pursuant to law; or
(ii)
establish a cleanup level inconsistent with the future intended land use as determined by the Secretary concerned.
(5)

Surety
(A)

Surety-contractor relationship
Any surety which provides a bid, performance, or payment bond in connection with any direct Federal procurement for a contract under this section to carry out a covered response action and begins activities to meet its obligations under such bond, shall, in connection with such activities or obligations, be entitled to any indemnification and the same standard of liability to which its principal was entitled under the contract or under any applicable law or regulation.
(B)

Surety bonds
(i)

Applicability of sections 3131 and 3133 of title 40
If under sections 3131 and 3133 of title 40, United States Code, surety bonds are required for any direct Federal procurement of any contract under this section to carry out a covered response action and are not waived pursuant to section 3134 of title 40, the surety bonds shall be issued in accordance with such sections 3131 and 3133.
(ii)

Limitation of accrual of rights of action under bonds
If, under applicable Federal law, surety bonds are required for any direct Federal procurement of any contract under this section to carry out a covered response action, no right of action shall accrue on the performance bond issued on such contract to or for the use of any person other than an obligee named in the bond.
(iii)

Liability of sureties under bonds
If, under applicable Federal law, surety bonds are required for any direct Federal procurement of any contract under this section to carry out a covered response action, unless otherwise provided for by the Secretary concerned in the bond, in the event of a default, the surety’s liability on a performance bond shall be only for the cost of completion of the contract work in accordance with the plans and specifications of the contract less the balance of funds remaining to be paid under the contract, up to the penal sum of the bond. The surety shall in no event be liable on bonds to indemnify or compensate the obligee for loss or liability arising from personal injury or property damage whether or not caused by a breach of the bonded contract.
(iv)

Nonpreemption
Nothing in this paragraph shall be construed as—
(I)
preempting, limiting, superseding, affecting, applying to, or modifying any State laws, regulations, requirements, rules, practices, or procedures; or
(II)
affecting, applying to, modifying, limiting, superseding, or preempting any rights, authorities, liabilities, demands, actions, causes of action, losses, judgments, claims, statutes of limitation, or obligations under Federal or State law, which do not arise on or under the bond.
(C)

Applicability
(i)

Bonds executed before December 5, 1991
Subparagraphs (A) and (B) shall not apply to bonds executed before December 5, 1991.
(ii)

Other bonds
Subparagraphs (A) and (B) shall not apply to bonds required with respect to response action contracts under section 119 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9619).
(f)

Establishment of accounts
(1)

Trespass cannabis cultivation site response account, Agriculture
(A)

Establishment
There is hereby established in the Treasury of the United States an account to be known as the “Trespass Cannabis Cultivation Site Response Account, Agriculture” which shall consist of, with respect to land under the jurisdiction of the Forest Service—
(i)
amounts appropriated in advance with respect to such land under subsection (i);
(ii)
amounts recovered from a trespasser for the costs of covered response actions on such land related to the cultivation of cannabis on such land by the trespasser; and
(iii)
any other amounts recovered from a contractor, insurer, surety, or other person to reimburse the Department of Agriculture for the costs of covered response actions on such land related to the cultivation of cannabis on such land by a trespasser.
(B)

Obligation of authorized amounts
Funds authorized for deposit in an account under subparagraph (A)—
(i)
may be obligated or expended from the account only to carry out the applicable initiative, including to carry out covered response actions; and
(ii)
shall remain available until expended.
(C)

Payments of fines and penalties
None of the funds appropriated to the Trespass Cannabis Cultivation Site Response Account, Agriculture may be used for the payment of a fine or penalty (including any supplemental environmental project carried out as part of such penalty) imposed against the Department of Agriculture unless the act or omission for which the fine or penalty is imposed arises out of an activity funded by the Trespass Cannabis Cultivation Site Response Account, Agriculture and the payment of the fine or penalty has been specifically authorized by law.
(2)

Trespass cannabis cultivation site response account, interior
(A)

Establishment
There is hereby established in the Treasury of the United States an account to be known as the “Trespass Cannabis Cultivation Site Response Account, Interior” which shall consist of, with respect to land under the jurisdiction of the Department of the Interior—
(i)
amounts appropriated in advance with respect to such land under subsection (i);
(ii)
amounts recovered from a trespasser for the costs of covered response actions on such land related to the cultivation of cannabis on such land by the trespasser; and
(iii)
any other amounts recovered from a contractor, insurer, surety, or other person to reimburse the Department of the Interior for the costs of covered response actions on such land related to the cultivation of cannabis on such land by a trespasser.
(B)

Obligation of authorized amounts
Funds authorized for deposit in an account under subparagraph (A)—
(i)
may be obligated or expended from the account only to carry out the applicable initiative, including to carry out covered response actions; and
(ii)
shall remain available until expended.
(C)

Payments of fines and penalties
None of the funds appropriated to the Trespass Cannabis Cultivation Site Response Account, Interior may be used for the payment of a fine or penalty (including any supplemental environmental project carried out as part of such penalty) imposed against the Department of the Interior unless the act or omission for which the fine or penalty is imposed arises out of an activity funded by the Trespass Cannabis Cultivation Site Response Account, Interior and the payment of the fine or penalty has been specifically authorized by law.
(g)

Budget reports
In proposing the budget for any fiscal year pursuant to section 1105 of title 31, United States Code, the President shall set forth separately the amounts requested for each initiative.
(h)

Relationship to CERCLA
Nothing in this section affects—
(1)
the application of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) to any activity that is a covered response action; or
(2)
any obligation or responsibility of any person or entity under such Act.
(i)

Authorization of appropriations
To carry out this section, there is authorized to be appropriated $16,037,000 for each of fiscal years 2025 through 2031.
212.

Criminal penalties for illegal pesticide application
Section 14(b)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136l(b)(2)) is amended to read as follows:
“(2)

Private applicator
(A)

In general
Any private applicator or other person not included in paragraph (1) who knowingly violates any provision of this Act shall be fined not more than $1,000, or imprisoned for not more than 30 days, or both.
(B)

During the commission of a federal offense
Any private applicator or other person not included in paragraph (1) who knowingly violates any provision of this Act during the commission of a Federal offense under section 1361 of title 18, United States Code, shall, in addition to the punishment provided under such section, be imprisoned for not more than 10 years.”.
213.

Protection of national forests; Rules and Regulations
The Act of June 4, 1897 (16 U.S.C. 551; 30 Stat. 35), is amended by inserting “Any violation of the provisions of this section, the sections referenced in the preceding sentence, or such rules and regulations, which involves the illegal cultivation of cannabis on public lands using pesticides which are not in compliance with the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) shall be punished by a fine of not more than $250,000 or imprisonment for not more than 20 years, or both.” before “Any person charged”.
214.

Protection of Federal land; Rules and Regulations
(a)

In general
Any person who violates the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136, et seq.) in connection with the illegal cultivation of cannabis on Federal land shall be subject to a fine of not more than $250,000 or imprisonment for not more than 20 years, or both.
(b)

Clarification
Penalties under subsection (a) shall be in addition to applicable penalties under any other Federal or State law.
(c)

Federal land defined
In this section, the term Federal land means any Federal land or an interest in land administered by the Secretary of the Interior acting through—
(1)
the Bureau of Indian Affairs (except land held in trust by the Secretary for the benefit of an Indian Tribe);
(2)
the Bureau of Land Management;
(3)
the National Park Service; or
(4)
the United States Fish and Wildlife Service.
C

Ending Major Border Land Environmental Ruin from Wildfires
221.

Southern Border Fuels Management Initiative
(a)

Establishment
Not later than 1 year after the date of the enactment of this Act, the Secretary of the Interior shall establish a program to be known as the “Southern Border Fuels Management Initiative” (in this section referred to as the “Initiative”).
(b)

Purpose
The purpose of the Initiative is to carry out vegetation management activities along the southern border in order to—
(1)
reduce the risk of catastrophic wildfire along the southern border and improve landscape resilience;
(2)
improve operational control of the southern border; and
(3)
improve visibility and sight lines along the southern border to increase safety for law enforcement.
(c)

Activities
In carrying out the Initiative, the Secretary shall—
(1)
reduce hazardous fuels along the southern border;
(2)
address invasive or non-native species along the southern border that contribute to wildfire risk or decrease operation efficiency of border patrol operations;
(3)
install fuel breaks along the southern border;
(4)
set targets for acres to treat under the program for each fiscal year; and
(5)
prioritize fuels management on covered Federal lands on which navigable roads are constructed under section 101.
(d)

Coordination
In carrying out the Initiative, the Secretary shall coordinate and may enter into memorandums of understanding with the Forest Service, U.S. Border Patrol, and State, local, or Tribal law enforcement agencies.
(e)

Authorization of appropriations
There is authorized to be appropriated to the Secretary of the Interior to carry out this section $3,660,000 for each of fiscal years 2025 through 2031.
(f)

Termination
The Initiative shall terminate 7 years after the date of the enactment of this Act.
222.

Mitigating environmental degradation and wildland fires caused by illegal immigration
(a)

In general
Not later than 90 days after the date of the enactment of this Act, the Secretary concerned, in coordination with the Secretary of Homeland Security, shall establish and implement policies and protocols to mitigate, avoid, or prevent—
(1)
wildland fires ignited by aliens without lawful immigration status; and
(2)
environmental degradation on covered Federal lands caused by aliens without lawful immigration status crossing the southern border.
(b)

Protocols
In developing the protocols under subsection (a), the Secretary concerned shall consider policies to—
(1)
reduce trash accumulation along the southern border, particularly in ecologically sensitive areas;
(2)
prevent the ignition of wildland fires by aliens without lawful immigration status, particularly in where there is a risk of—
(A)
loss of life or property;
(B)
damage to critical wildlife habitat;
(C)
damage to public infrastructure; and
(D)
degradation of watersheds or public water sources;
(3)
address the destruction of sensitive natural and archeological resources; and
(4)
address the destruction of wildlife habitat.
(c)

Report to congress
Not later than 1 year after the date of the enactment of this Act, the Secretary concerned shall submit to the appropriate congressional committees a report that includes—
(1)
a description of the policies and protocols established under subsection (a);
(2)
a catalog of all reported incidents of environmental degradation and wildland fires ignited by aliens without lawful immigration status, including—
(A)
the number of acres burned and total number of fires ignited;
(B)
a description of each incident of environmental degradation and the total number of such incidents;
(C)
the estimated cost of cleaning up or remediating such environmental degradation;
(D)
the number of such aliens connected to each fire and whether or not they were apprehended; and
(E)
the area in which incidents of environmental degradation occurred, including areas congressionally designated for the protection of natural resources; and
(3)
additional resources or authorities necessary to mitigate, avoid, or prevent wildland fires and environmental degradation caused by aliens without lawful immigration status crossing the southern border.
(d)

Updated report
(1)

In general
Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall update its November 2011 report entitled “Federal Agencies Could Better Utilize Law Enforcement Resources in Support of Wildland Fire Management Activities”.
(2)

Additional states considered
In updating the report under paragraph (1), the Comptroller General shall include information on each Border State.
III

Protecting Our Communities from Failure to Secure the Border
301.

Definitions
In this title:
(1)

Federal land management agencies
The term Federal land management agencies means—
(A)
the National Park Service;
(B)
the Bureau of Land Management;
(C)
the United States Fish and Wildlife Service; and
(D)
the Forest Service.
(2)

Housing
The term housing means a temporary or permanent encampment used for the primary purpose of sheltering specified aliens.
(3)

Specified alien
The term specified alien means an alien who has not been admitted, as such terms are defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)).
302.

Prohibition on providing housing to specified aliens
(a)

In general
No Federal funds may be used to provide housing to specified aliens on any land under the administrative jurisdiction of the Federal land management agencies, including through leases, contracts, or agreements.
(b)

Revocation of Lease
The lease between the United States of America—United States Department of the Interior—National Park Service and the City of New York for the Premises known as Portions of Floyd Bennett Field, in the Jamaica Bay Unit of Gateway National Recreation Area (NPS Lease # L–GATE912–2023, Commencement Date—September 15, 2023) is hereby revoked, and a renewal or extension of the lease or a subsequent lease that is substantially similar is—
(1)
revoked if entered into before the date of the enactment of this Act; and
(2)
prohibited after the date of the enactment of this Act.
303.

Report
The Secretary of the Interior and the Secretary of Agriculture shall jointly submit to the appropriate congressional committees an annual report that includes—
(1)
the number of specified aliens that have been provided housing on any land under the administrative jurisdiction of the Federal land management agencies; and
(2)
information regarding the countries of origin of such specified aliens.