[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9678 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 9678
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.
_______________________________________________________________________
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.
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 ``Federal Lands Amplified Security for
the Homeland (FLASH) Act''.
SEC. 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.
SEC. 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.
SEC. 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.
TITLE I--SECURING FEDERAL BORDER LANDS
SEC. 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).
SEC. 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.''.
SEC. 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).
SEC. 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.
SEC. 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.
TITLE II--ENDING ENVIRONMENTAL DESTRUCTION ON PUBLIC LANDS
Subtitle A--Trash Reduction and Suppressing Harm From Environmental
Degradation at the Border
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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).
Subtitle B--Targeting and Offsetting Existing Illegal Contaminants
SEC. 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.
SEC. 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.''.
SEC. 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''.
SEC. 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.
Subtitle C--Ending Major Border Land Environmental Ruin From Wildfires
SEC. 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.
SEC. 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.
TITLE III--PROTECTING OUR COMMUNITIES FROM FAILURE TO SECURE THE BORDER
SEC. 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)).
SEC. 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.
SEC. 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.
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