[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2967 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 2967
To address the management by certain Federal land management agencies
over Federal land along the southern border and northern border, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 2, 2025
Mr. Lee (for himself, Mrs. Blackburn, Mr. Barrasso, Ms. Lummis, Mrs.
Hyde-Smith, and Mr. Scott of Florida) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To address the management by certain Federal land management agencies
over Federal land along the southern border and northern border, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Lands Conservation Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Natural Resources of the House
of Representatives; and
(B) the Committee on Energy and Natural Resources
of the Senate.
(2) Border state.--The term ``Border State'' means a State
that abuts the southern border or northern border.
(3) Covered federal land.--
(A) In general.--The term ``covered Federal land''
means land--
(i) owned by the United States;
(ii) located in a unit, or in a portion of
a unit, or within 1 or more parcels of land
that shares an exterior boundary with the
southern border or northern border; and
(iii) administered by a Federal land
management agency.
(B) Exclusion.--The term ``covered Federal land''
does not include Federal land held in trust for Indian
Tribes.
(4) Federal land management agency.--The term ``Federal
land management agency'' has the meaning given the term in
section 802 of the Federal Lands Recreation Enhancement Act (16
U.S.C. 6801).
(5) Initiative.--The term ``Initiative'' means the Border
Fuels Management Initiative established under section 8(a).
(6) Northern border.--The term ``northern border'' means
the international border between the United States and Canada.
(7) Operational control.--The term ``operational control''
has the meaning given the term in section 2(b) of the Secure
Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367).
(8) Secretaries.--The term ``Secretaries'' means the
Secretary of the Interior and the Secretary of Agriculture.
(9) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of the Interior, with respect to
covered Federal land 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 land.
(10) Southern border.--The term ``southern border'' means
the international border between the United States and Mexico.
(11) Tactical infrastructure.--The term ``tactical
infrastructure'' means infrastructure for the detection of
illegal southern border and northern border crossings,
including observation points, remote video surveillance
systems, motion sensors, vehicle barriers, fences, roads,
bridges, drainage, and detection devices.
SEC. 3. NAVIGABLE ROAD INFRASTRUCTURE ALONG COVERED FEDERAL LAND.
(a) In General.--The Secretaries, in consultation with the
Secretary of Homeland Security, shall inventory existing roads and
install navigable roads on covered Federal land--
(1) to deter illegal southern border and northern border
crossings;
(2) to gain operational control of the southern border and
northern border; and
(3) to increase Department of Homeland Security access to
covered Federal land.
(b) Administration.--The Secretaries shall--
(1) administer and maintain the roads installed under
subsection (a); and
(2) ensure access to the roads installed under subsection
(a) by the Department of Defense, Department of Homeland
Security, local law enforcement, emergency personnel, and any
other personnel that the Secretary concerned determines to be
necessary to carry out the purposes described in that
subsection.
(c) Cooperative Agreements.--The Secretaries shall enter into
cooperative agreements with the Secretary of Homeland Security--
(1) to install technology on covered Federal land that the
Secretaries, in consultation with the Secretary of Homeland
Security, determine to be necessary to deter illegal entry into
the United States; and
(2) to gain operational control of the southern border and
northern border.
SEC. 4. ACCESS TO WILDERNESS AREAS.
Section 4(d) of the Wilderness Act (16 U.S.C. 1133(d)) is amended
by adding at the end the following:
``(8) Notwithstanding any other provision of this Act, the
Secretary of Homeland Security may conduct the following
activities within a wilderness area for the purpose of securing
the international land borders of the United States:
``(A) Access structures, installations, and roads.
``(B) Execute search and rescue operations.
``(C) Use motor vehicles, motorboats, and motorized
equipment.
``(D) Conduct patrols on foot and on horseback.
``(E) Notwithstanding any other law, including
regulations, relating specifically to the use of
aircraft in a wilderness area or in the airspace above
a wilderness area, use aircraft, including approach,
landing, and takeoff.
``(F) Deploy tactical infrastructure (as defined in
section 2 of the Border Lands Conservation Act) and
technology.
``(G) Construct and maintain roads and physical
barriers.''.
SEC. 5. SEARCH AND RESCUE OPERATIONS.
The Secretary of the Interior or the Secretary of Agriculture may
not impede, prohibit, or restrict activities of the Department of
Homeland Security on covered Federal land located within 100 miles of
the southern border or northern border--
(1) to execute search and rescue operations; or
(2) to prevent unlawful entries into the United States,
including entries through the southern border or northern
border--
(A) by terrorists and other unlawful aliens; and
(B) of instruments of terrorism, narcotics, and
other contraband.
SEC. 6. INTERAGENCY COOPERATIVE AGREEMENT.
The Secretary concerned shall enter into a cooperative agreement
with the Secretary of Homeland Security to fulfill the commitments
under--
(1) the memorandum of understanding entitled ``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'' and signed March 2006; or
(2) any successor to the memorandum of understanding
described in paragraph (1).
SEC. 7. INVENTORY OF ROADS AND TRAILS ON COVERED FEDERAL LAND HARMED BY
ILLEGAL ALIENS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary concerned shall inventory all previously
unauthorized roads and trails on covered Federal land that have been
created by illegal southern border or northern border crossings.
(b) Determination Required.--Not later than 2 years after the date
on which the inventory is completed under subsection (a), the Secretary
concerned shall determine whether each previously unauthorized road or
trail inventoried under that subsection has been damaged in such a
manner that--
(1) the applicable road or trail has permanently altered
the original characteristics of the applicable covered Federal
land; and
(2) significant environmental degradation to the applicable
road or trail has been identified.
(c) Maintenance and Administration.--If the Secretary concerned
makes an affirmative determination under subsection (b) with respect to
a previously unauthorized road or trail inventoried under subsection
(a), the Secretary concerned shall enter into a cooperative agreement
with the Secretary of Homeland Security to use and maintain the
applicable road or trail--
(1) to deter illegal entry into the United States; and
(2) to gain operational control of the southern border or
northern border, as applicable.
SEC. 8. ESTABLISHMENT OF THE BORDER FUELS MANAGEMENT INITIATIVE.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretaries shall establish a program, to be
known as the ``Border Fuels Management Initiative''.
(b) Activities.--In carrying out the Initiative, the Secretaries
shall--
(1) reduce hazardous fuels on covered Federal land;
(2) address invasive or nonnative species along the covered
Federal land that contribute to wildland fire risk or decrease
the efficiency of U.S. Border Patrol operations;
(3) install fuel breaks along the covered Federal land;
(4) set targets for acres to treat under the Initiative for
each fiscal year; and
(5) in coordination with the Secretary of Homeland
Security, prioritize fuels management on covered Federal land
on which navigable roads are installed under section 3(a).
(c) Coordination.--In carrying out the Initiative, the Secretaries
shall coordinate and may enter into memoranda of understanding with the
U.S. Border Patrol and State, local, and Tribal law enforcement
agencies.
SEC. 9. REPORTS ON ENVIRONMENTAL DEGRADATION AND WILDLAND FIRES CAUSED
BY ILLEGAL IMMIGRATION.
(a) Report to Congress on Covered Federal Land.--Not later than 1
year after the date of enactment of this Act, the Secretary concerned
shall submit to the appropriate congressional committees a report that
includes--
(1) a catalog of all reported incidents of environmental
degradation caused, and wildland fires ignited, by aliens
without lawful immigration status on covered Federal land,
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 incidents;
(C) the estimated cost of cleaning up or
remediating the environmental degradation;
(D)(i) the number of aliens without lawful
immigration status connected to each fire; and
(ii) whether the aliens without lawful immigration
status were apprehended; and
(E) the areas in which incidents of environmental
degradation occurred, including areas congressionally
designated for the protection of natural resources; and
(2) a description of additional resources or authorities
necessary to mitigate, avoid, or prevent wildland fires and
environmental degradation on covered Federal land caused by
aliens without lawful immigration status crossing the southern
border or northern border.
(b) Report to Congress on Units of the National Park System.--Not
later than 1 year after the date of enactment of this Act, the
Secretary of the Interior (acting through the Director of the National
Park Service) shall submit to the appropriate congressional committees
a report that includes--
(1) a catalog of all reported incidents of environmental
degradation and impacts on visitor safety caused by aliens
without lawful immigration status at units of the National Park
System, including--
(A) a description of each incident relating to
visitor safety and the total number of incidents;
(B) a description of each incident of environmental
degradation and the total number of incidents;
(C) the estimated cost of cleaning up or
remediating the environmental degradation;
(D)(i) the number of aliens without lawful
immigration status connected to each incident; and
(ii) whether the aliens without lawful immigration
status were apprehended; and
(E) the areas in which incidents of environmental
degradation occurred; and
(2) a description of additional resources or authorities
necessary to mitigate or avoid environmental degradation and
impacts on visitor safety at units of the National Park System
caused by aliens without lawful immigration status crossing the
southern border or northern border.
(c) Report to Congress on Units of the National Wildlife Refuge
System.--Not later than 1 year after the date of enactment of this Act,
the Secretary of the Interior (acting through the Director of the
United States Fish and Wildlife Service) shall submit to the
appropriate congressional committees a report that includes--
(1) a catalog of all reported incidents of environmental
degradation, impacts on visitor safety, and limits on access to
hunting and fishing caused by or as a result of aliens without
lawful immigration status at units of the National Wildlife
Refuge System, including--
(A) a description of each incident relating to
visitor safety and the total number of incidents;
(B) a description of each incident relating to
limiting access to hunting and fishing and the total
number of incidents;
(C) a description of each incident of environmental
degradation and the total number of incidents;
(D) the estimated cost of cleaning up or
remediating the environmental degradation;
(E)(i) the number of aliens without lawful
immigration status connected to each incident; and
(ii) whether the aliens without lawful immigration
status were apprehended; and
(F) the areas in which incidents of environmental
degradation occurred; and
(2) a description of additional resources or authorities
necessary to mitigate or avoid environmental degradation,
impacts on visitor safety, and limits on access to hunting and
fishing at units of the National Wildlife Refuge System caused
by or as a result of aliens without lawful immigration status
crossing the southern border or northern border.
(d) Updated Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall update the November 2011 report entitled ``Arizona
Border Region: 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
relevant information with respect to each Border State.
(e) Report on Impacts of Illegal Immigration on Ranching.--Not
later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall submit to the
appropriate congressional committees a report that describes--
(1) the effects of illegal immigration on the ranching and
livestock industries; and
(2) any recommendations for policies that could be
implemented by the Bureau of Land Management and the Forest
Service to compensate impacted grazing permit holders for such
effects.
SEC. 10. PROHIBITION ON PROVIDING HOUSING TO ALIENS ON CERTAIN FEDERAL
LAND.
(a) In General.--Except as provided in subsection (b), no Federal
funds may be used to provide housing to aliens without lawful
immigration status on any land under the administrative jurisdiction of
the Federal land management agencies, including through leases,
contracts, or agreements.
(b) Exception.--Subsection (a) shall not apply to a facility that
is used primarily for the custody, detention, holding, processing, or
removal of aliens without lawful immigration status.
SEC. 11. SAVINGS CLAUSE.
(a) Protection of Legal Uses.--Nothing in this Act provides--
(1) authority to restrict legal uses, such as grazing,
timber harvesting, oil and gas development, mining, or
recreation on covered Federal land; or
(2) any additional authority to restrict legal access to
covered Federal land.
(b) Effect on State or Private Land.--
(1) In general.--This Act has no force or effect on State
or private land.
(2) Access.--Nothing in this Act provides to the
Secretaries authority over, or access to, State or private
land.
(c) Tribal Sovereignty.--Nothing in this Act supersedes, replaces,
negates, or diminishes any treaties or other agreements between the
United States and Indian Tribes.
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