HR 2076 IHCommentsClose CommentsPermalink

To provide for the establishment of a border protection strategy for the international land borders of the United States, to address the ecological and environmental impacts of border security infrastructure, measures, and activities along the international land borders of the United States, and for other purposes.CommentsClose CommentsPermalink

April 23, 2009CommentsClose CommentsPermalink

Mr. GRIJALVA (for himself, Mr. BACA, Mr. BRADY of Pennsylvania, Mr. HINCHEY, Mrs. CAPPS, Mr. BLUMENAUER, Mr. REYES, Ms. LINDA T. SANCHEZ of California, Mr. ORTIZ, and Ms. ROYBAL-ALLARD) introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committees on Armed Services 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 concernedCommentsClose CommentsPermalink

To provide for the establishment of a border protection strategy for the international land borders of the United States, to address the ecological and environmental impacts of border security infrastructure, measures, and activities along the international land borders of the United States, and for other purposes.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Border Security and Responsibility Act 2009’.CommentsClose CommentsPermalink

SEC. 2. PURPOSE.

The purposes of this Act are to provide a means whereby Federal lands and resources along the United States-Mexico border are provided the highest protection possible from the effects of unauthorized immigration, human and drug smuggling, and border enforcement activities, while ensuring that all operations necessary to achieve border security are undertaken.CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(a) Indian Tribe- The term ‘Indian tribe’ has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).CommentsClose CommentsPermalink





(b) Secretary- The term ‘Secretary’ means the Secretary of Homeland Security.CommentsClose CommentsPermalink





(c) Secretary Concerned- The term ‘Secretary concerned’ means the Secretary of Agriculture with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of the Interior with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of Defense with respect to land under the jurisdiction of the Secretary of Defense or the secretary of a military department, or the Secretary of Commerce with respect to land under the jurisdiction of the Secretary of CommerceCommentsClose CommentsPermalink

SEC. 4. BORDER PROTECTION STRATEGY.

(a) Border Protection Strategy-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than September 30, 2009, the Secretary, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Defense, and the Secretary of Commerce, in consultation with tribal, State, and local officials, shall jointly develop and submit to Congress a border protection strategy for the international land borders of the United States.CommentsClose CommentsPermalink





(2) ELEMENTS OF THE STRATEGY- The strategy developed in accordance with paragraph (1) shall include the following components:CommentsClose CommentsPermalink





(A) A comparative analysis of the levels of operational control, based on auditable and verifiable data, achievable through alternative tactical infrastructure and other security measures. Measures assessed shall include, at a minimum--CommentsClose CommentsPermalink





(i) pedestrian fencing;CommentsClose CommentsPermalink





(ii) vehicle barriers, especially in areas in the vicinity of existing or planned roads;CommentsClose CommentsPermalink





(iii) additional Border Patrol agents;CommentsClose CommentsPermalink





(iv) efficacy of natural barriers and open space in response to unauthorized or unlawful border crossing;CommentsClose CommentsPermalink





(v) fielding of advanced remote sensing and information integration technology, including the use of unmanned aerial vehicles and other advanced technologies and systems, including systems developed and employed, or under development, for tactical surveillance, multi-source information integration, and response analysis in difficult terrain and under adverse environmental conditions;CommentsClose CommentsPermalink





(vi) regional as well as urban and rural variation in border security methodologies, and incorporation of natural barriers;CommentsClose CommentsPermalink





(vii) enhanced cooperation with, and assistance to, intelligence, security, and law enforcement agencies in Mexico and Canada in detecting, reporting, analyzing, and successfully responding to unauthorized or unlawful border crossings from or into Mexico or Canada; andCommentsClose CommentsPermalink





(viii) removal of obstructive non-native vegetation.CommentsClose CommentsPermalink





(B) A comprehensive analysis of cost and other impacts of security measures assessed in subparagraph (A), including an assessment of--CommentsClose CommentsPermalink





(i) land acquisition costs, including related litigation and other costs;CommentsClose CommentsPermalink





(ii) construction costs, including both labor and material costs;CommentsClose CommentsPermalink





(iii) maintenance costs over 25 years;CommentsClose CommentsPermalink





(iv) contractor costs;CommentsClose CommentsPermalink





(v) management and overhead costs;CommentsClose CommentsPermalink





(vi) the impacts on wildlife, wildlife habitat, natural communities, and functioning cross-border wildlife migration corridors and hydrology (including water quantity, quality, and natural hydrologic flows) on Federal, tribal, State, local, and private lands along the border;CommentsClose CommentsPermalink





(vii) costs of fully mitigating the adverse impacts to Federal, tribal, State, local, and private lands, waters (including water quality, quantity, and hydrological flows), wildlife, and wildlife habitats, including, where such action is possible, the full costs of the replacement or restoration of severed wildlife migration corridors with protected corridors of equivalent biological functionality, as determined by each Secretary concerned, in consultation with appropriate authorities of tribal, State, and local governments and appropriate authorities of Mexico and Canada; andCommentsClose CommentsPermalink





(viii) the impacts on culture, safety, and quality of life on residents in the vicinity of the border.CommentsClose CommentsPermalink





(C) A comprehensive compilation of the fiscal investments in acquiring or managing Federal, tribal, state, local, and private lands and waters in the vicinity of, or ecologically related to, the land borders of the United States that have been acquired or managed in whole or in part for conservation purposes (including the creation or management of protected wildlife migration corridors) in--CommentsClose CommentsPermalink





(i) units of the National Park System;CommentsClose CommentsPermalink





(ii) National Forest System land;CommentsClose CommentsPermalink





(iii) land under the jurisdiction of the Bureau of Land Management;CommentsClose CommentsPermalink





(iv) land under the jurisdiction of the United States Fish and Wildlife Service;CommentsClose CommentsPermalink





(v) other relevant land under the jurisdiction of the Department of the Interior or the Department of Agriculture;CommentsClose CommentsPermalink





(vi) land under the jurisdiction of the Department of Defense or the individual military department;CommentsClose CommentsPermalink





(vii) land under the jurisdiction of the Department of Commerce;CommentsClose CommentsPermalink





(viii) tribal lands;CommentsClose CommentsPermalink





(ix) State and private lands; andCommentsClose CommentsPermalink





(x) lands within Mexico and Canada.CommentsClose CommentsPermalink





(D) Recommendations for strategic border security management based on comparative security as detailed in subparagraph (A), the cost-benefit analysis as detailed in subparagraph (B), as well as protection of investments in public lands specified in subparagraph (C).CommentsClose CommentsPermalink





(3) TRAINING-CommentsClose CommentsPermalink





(A) REQUIRED TRAINING- The Secretary, in cooperation with the Secretary concerned, shall provide--CommentsClose CommentsPermalink





(i) natural resource protection training for Customs and Border Protection agents or other Federal personnel assigned to plan or oversee the construction or operation of border security tactical infrastructure or to patrol land along or in the vicinity of a land border of the United States; andCommentsClose CommentsPermalink





(ii) cultural resource training for Customs and Border Protection agents and other Federal personnel assigned to plan or oversee the construction or operation of border security tactical infrastructure or to patrol tribal lands.CommentsClose CommentsPermalink





(B) ADDITIONAL CONSIDERATIONS- In developing and providing training under clause (i) of subparagraph (A), the Secretary shall coordinate with the Secretary concerned and the relevant tribal government to ensure that such training is appropriate to the mission of the relevant agency and is focused on achieving border security objectives while avoiding or minimizing the adverse impact on natural and cultural resources resulting from border security tactical infrastructure, operations, or other activities.CommentsClose CommentsPermalink

SEC. 5. ACTIONS TO GAIN OPERATIONAL CONTROL OF THE INTERNATIONAL LAND BORDERS OF THE UNITED STATES.

(a) In General- Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1103 note) is amended to read as follows:CommentsClose CommentsPermalink

‘SEC. 102. IMPROVEMENT OF OPERATIONAL CONTROL OF BORDER.

‘(a) In General- The Secretary of Homeland Security shall take such actions as may be required to gain operational control of the international land borders of the United States. Such actions may be taken only in accordance with the border protection strategy developed under section 4(a) of the Border Security and Responsibility Act of 2009.CommentsClose CommentsPermalink





‘(b) Priority of Methods- In carrying out the requirements of subsection (a), the Secretary of Homeland Security shall, where practicable, give first priority to the use of remote cameras, sensors, removal of non-native vegetation, incorporation of natural barriers, additional manpower, unmanned aerial vehicles, or other low impact border enforcement techniques.CommentsClose CommentsPermalink





‘(c) Consultation-CommentsClose CommentsPermalink





‘(1) IN GENERAL- In carrying out this section, the Secretary of Homeland Security shall consult with the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Defense, Secretary of Commerce, States, local governments, tribal governments, and private property owners in the United States to minimize the impact on the environment, culture, commerce, safety, and quality of life for the communities and residents located near the sites at which actions under subsection (a) are proposed to be taken.CommentsClose CommentsPermalink





‘(2) RULE OF CONSTRUCTION- Nothing in this subsection may be construed to--CommentsClose CommentsPermalink





‘(A) create or negate any right of action for a State, local government, tribal government, or other person or entity affected by this subsection;CommentsClose CommentsPermalink





‘(B) affect the eminent domain laws of the United States or of any State; orCommentsClose CommentsPermalink





‘(C) waive the application of any other applicable Federal, State, local, or tribal law.CommentsClose CommentsPermalink





‘(3) LIMITATION ON REQUIREMENTS- Notwithstanding subsection (a), nothing in this section shall require the Secretary of Homeland Security to install fencing, physical barriers, roads, lighting, cameras, or sensors in a particular location along an international border of the United States if the Secretary determines that the use or placement of such resources is not the most effective and appropriate means to achieve and maintain operational control over the international border at such location, or if the Secretary determines that the direct and indirect costs of or the impacts on the environment, culture, commerce, safety, or quality of life for the communities and residents along the border likely to result from the use or placement of such resources outweigh the benefits of such use or placement.’.CommentsClose CommentsPermalink





(b) Preconditions- In fulfilling the requirements of section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as amended by this section, the Secretary of Homeland Security shall not commence any construction of fencing, physical barriers, roads, lighting, cameras, sensors, or other tactical infrastructure along or in the vicinity of an international land border of the United States, or award or expend funds pursuant to any contract or other agreement related thereto, prior to 90 days following the submission to Congress of the border protection strategy required under section 4(a) of this Act.CommentsClose CommentsPermalink

SEC. 6. BORDERLANDS MONITORING AND MITIGATION.

(a) In General- The Secretary, in consultation with the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Defense, the Secretary of Commerce, and the heads of appropriate State and tribal wildlife agencies and entities, shall develop and implement a comprehensive monitoring and mitigation plan to address the ecological and environmental impacts of border security infrastructure, measures, and activities along the international land borders of the United States.CommentsClose CommentsPermalink





(b) Requirements- The mitigation plan required under subsection (a) shall include, at a minimum, measures to address and mitigate the full range of ecological and environmental impacts of border security infrastructure, measures, and activities, including--CommentsClose CommentsPermalink





(1) preserving, maintaining, and, if necessary, restoring wildlife migration corridors, key habitats, and the ecologically functional connectivity between and among key habitats sufficient to ensure that species (whether or not designated as rare, protected, or of concern) remain viable and are able to adapt to the impacts of climate change;CommentsClose CommentsPermalink





(2) addressing control of invasive species and implementing measures necessary to avoid the spread of such species;CommentsClose CommentsPermalink





(3) maintaining hydrological functionality, including water quantity and quality;CommentsClose CommentsPermalink





(4) incorporating adaptive management, including detailed provisions for long-term monitoring of the mitigation plan’s effectiveness and for necessary adjustments to such plan based on such monitoring results; andCommentsClose CommentsPermalink





(5) protection of cultural and historical resources.CommentsClose CommentsPermalink





(c) Preemption-CommentsClose CommentsPermalink





(1) IN GENERAL- Notwithstanding any other provision of law, the Secretary may, subject to paragraph (2), carry out the mitigation plan required under subsection (a) on any Federal, State, local, tribal, or private lands in the vicinity of or ecologically related to an international land border of the United States regardless of which individual, agency, or entity has ownership of or principal responsibility for the management of any such lands.CommentsClose CommentsPermalink





(2) CONDITIONS- Activities carried out pursuant to paragraph (1) in connection with the mitigation plan shall be carried out in full consultation with, and with the concurrence of, the owner of, or entity with principal responsibility for, the management of the lands described in such paragraph.CommentsClose CommentsPermalink





(d) Administration-CommentsClose CommentsPermalink





(1) AUTHORIZATION- The Secretary of Homeland Security may transfer funds of the Department of Homeland Security to other Federal agencies for--CommentsClose CommentsPermalink





(A) expenditure under programs (including any international programs) of such agencies that are designed to fund conservation related activities (directly or through grants or similar mechanisms) on non-Federal lands, including land acquisition programs; andCommentsClose CommentsPermalink





(B) mitigation activities on Federal lands managed by such agencies, if such activities are required to implement the mitigation plan required under subsection (a) and if the costs of such activities are higher than the costs associated with managing such lands in the absence of such activities.CommentsClose CommentsPermalink





(2) EXEMPTION FROM REPROGRAMMING REQUIREMENTS- Funds transferred pursuant to the authorization under paragraph (1) shall not be subject to reprogramming requirements.CommentsClose CommentsPermalink





(3) ACCEPTANCE AND USE OF DONATIONS- The Secretary may accept and use donations for the purpose of developing and implementing the mitigation plan required under subsection (a), and may transfer such funds to any other Federal agency for expenditure under such plan pursuant to paragraph (1).CommentsClose CommentsPermalink





(e) Authorization of Appropriations- Notwithstanding any other provision of law, funds appropriated to the Department of Homeland Security for border security infrastructure and activities may be used by the Secretary to develop and implement the mitigation plan required under subsection (a).CommentsClose CommentsPermalink