,i  #aacth ,,congress  #ast ,session    
,h4 ,r4 #edg  ,,in ,,the ,,house ,,of   
,,representatives  ,february #f1 #bjac  
,mr4 ,grijalva introduced the following 
bill2 which was referred to the         
,committee on ,homeland ,security1 and  
in addition to the ,committees on ,armed
 ,services1 ,agriculture1 and ,natural  
,resources1 for a period to be          
subsequently determined by the ,speaker1
 in each case for consideration of such 
provisions as fall within the           
jurisdiction of the committee concerned 
,a ,,bill  ,to provide for the          
establishment of a border protection    
strategy for the international land     
borders of the ,united ,states1 to      
address the ecological and environmental
 impacts of border security             
infrastructure1 measures1 and activities
 along the international land borders of
 the ,united ,states1 and for other     
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,border ,security   
and ,responsibility ,act of #bjac4  #b4 

,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 immigration1    
human and drug smuggling1 and border    
enforcement activities1 while ensuring  
that all operations necessary to achieve
 border security are undertaken4  #c4   
,findings ,congress finds the following3
  7#a7 ,federal lands managed by the    
,department of the ,interior and the    
,department of ,agriculture encompass   
over #dj percent of the #a1ijj miles of 
southwestern border in ,arizona1        
,california1 ,new ,mexico1 and ,texas4  
7#b7 ,over the last five years1 the     
,border ,patrol has nearly doubled the  
number of its agents on patrol1         
constructed hundreds of miles of border 
fence and vehicle barriers1 and         
installed surveillance equipment on and 
near lands managed by the ,department of
 the ,interior and the ,department of   

,agriculture along the southwestern     
border4  7#c7 ,when operating on        
,federal lands1 the ,border ,patrol has 
responsibilities under several ,federal 
land management laws1 including the     
,national ,environmental ,policy ,act of
 #aifi1 the ,national ,historic         
,preservation ,act of #aiff1 the        
,wilderness ,act of #aifd1 and the      
,endangered ,species ,act of #aigc4     
7#d7 ,in ,march #bjjf1 the ,department  
of the ,interior1 the ,department of    
,homeland ,security1 and the ,department
 of ,agriculture entered into a         
,memorandum of ,understanding 7,,mou7   
entitled the ,cooperative ,national     
,security and ,counterterrorism ,efforts
 on ,federal ,lands along the ,united   
,states' ,borders4 ,this ,,mou contains 
provisions related to the development of
 an efficient means of communication1   
cooperative identification of patrol    
routes and operations1 conduct of joint 
enforcement operations1 cooperation in  
the development of environmental and    

cultural resources awareness training1  
access by ,united ,states ,customs and  
,border ,protection 7,,cbp7 agents to   
,federal lands along the border1 and    
guidance on construction and maintenance
 of tactical infrastructure4  7#e7      
,since entering into the #bjjf ,,mou1   
the three departments have continually  
and successfully worked together to     
carry out the tenets outlined in the    
,,mou at both the departmental and field
 levels1 and have worked to address     
concerns regarding coordination to      
continually improve efforts to secure   
the borders while conserving the        
environment4  7#f7 ,a #bjjh ,,mou       
between the three departments bridges   
communication gaps and provides radio   
interoperability between ,border ,patrol
 agents and their law enforcement       
partners in the ,department of the      
,interior and the ,department of        
,agriculture4  7#g7 ,since fiscal year  
#bjjf1 apprehensions of undocumented    
immigrants along the southwestern border

 have declined1 reaching a low of       
#cbg1egg in fiscal year #bjaa4 ,this    
decrease has occurred along the entire  
border1 with every sector reporting     
fewer apprehensions in fiscal year #bjaa
 than in fiscal year #bjjf4  7#h7 ,,cbp 
partners with ,federal1 tribal1 ,state1 
and local entities to benefit border    
security and protection of the          
environment and cultural resources on   
,federal lands4 ,the mission of the     
,department of ,homeland ,security1 the 
,department of the ,interior1 and the   
,department of ,agriculture along the   
border are inextricably linked in       
protecting and strengthening ,united    
,states communities4  7#i7 ,a report by 
the ,government ,accountability ,office 
found that ,border ,patrol agents in    
charge of ,border ,patrol stations      
reported that the overall security      
status of their jurisdictions is not    
affected by land management laws4       
,instead1 factors other than access     
delays or restrictions1 such as the     

remoteness and ruggedness of the terrain
 or dense vegetation1 have had the      
greatest effect4  #d4 ,definitions ,in  
this ,act3  7a7 ,indian tribe ,the term 
,indian tribe has the meaning given such
 term in section #d of the ,indian      
,self-,determination and ,education     
,assistance ,act 7#be ,u4,s4,c4 #dej;b74
  7b7 ,secretary ,the term ,secretary   
means the ,secretary of ,homeland       
,security4  7c7 ,secretary concerned    
,the term ,secretary concerned means the
 ,secretary of ,agriculture with respect
 to land under the jurisdiction of the  
,secretary of ,agriculture1 the         
,secretary of the ,interior with respect
 to land under the jurisdiction of the  
,secretary of the ,interior1 the        
,secretary of ,defense with respect to  
land under the jurisdiction of the      
,secretary of ,defense or the secretary 
of a military department1 or the        
,secretary of ,commerce with respect to 
land under the jurisdiction of the      
,secretary of ,commerce  #e4 ,border    

protection strategy  7a7 ,border        
protection strategy  7#a7 ,in general   
,not later than #ahj days after the date
 of the enactment of this ,act1 the     
,secretary1 the ,secretary of the       
,interior1 the ,secretary of            
,agriculture1 the ,secretary of         
,defense1 and the ,secretary of         
,commerce1 in consultation with tribal1 
,state1 and local officials1 shall      
jointly develop and submit to ,congress 
a border protection strategy for the    
international land borders of the       
,united ,states4  7#b7 ,elements of the 
strategy ,the strategy developed in     
accordance with paragraph 7#a7 shall    
include the following components3  7,a7 
,a comparative analysis of the levels of
 border security1 based on auditable and
 verifiable data1 achievable through    
alternative tactical infrastructure and 
other security measures4 ,measures      
assessed shall include1 at a minimum--  
7i7 pedestrian fencing2  7ii7 vehicle   
barriers1 especially in areas in the    

vicinity of existing or planned roads2  
7iii7 additional ,border ,patrol agents2
  7iv7 efficacy of natural barriers and 
open space in response to unauthorized  
or unlawful border crossing2  7v7       
fielding of advanced remote sensing and 
information integration technology1     
including the use of unmanned aerial    
vehicles and other advanced technologies
 and systems1 including systems         
developed and employed1 or under        
development1 for tactical surveillance1 
multi-source information integration1   
and response analysis in difficult      
terrain and under adverse environmental 
conditions2  7vi7 regional as well as   
urban and rural variation in border     
security methodologies1 and             
incorporation of natural barriers2      
7vii7 enhanced cooperation with1 and    
assistance to1 intelligence1 security1  
and law enforcement agencies in ,mexico 
and ,canada in detecting1 reporting1    
analyzing1 and successfully responding  
to unauthorized or unlawful border      

crossings from or into ,mexico or       
,canada2 and  7viii7 removal of         
obstructive non-native vegetation4  7,b7
 ,a comprehensive analysis of cost and  
other impacts of security measures      
assessed in subparagraph 7,a71 including
 an assessment of--  7i7 land           
acquisition costs1 including related    
litigation and other costs2  7ii7       
construction costs1 including both labor
 and material costs2  7iii7 maintenance 
costs over #be years2  7iv7 contractor  
costs2  7v7 management and overhead     
costs2  7vi7 the impacts on soils1      
wildlife1 wildlife habitat1 natural     
communities1 and functioning            
cross-border wildlife migration         
corridors and hydrology 7including water
 quantity1 quality1 and natural         
hydrologic flows7 on ,federal1 tribal1  
,state1 local1 and private lands along  
the border2  7vii7 costs of fully       
mitigating the adverse impacts to       
,federal1 tribal1 ,state1 local1 and    
private lands1 waters 7including water  

quality1 quantity1 and hydrological     
flows71 wildlife1 and wildlife habitats1
 including1 where such action is        
possible1 the full costs of the         
replacement or restoration of severed   
wildlife migration corridors with       
protected corridors of equivalent       
biological functionality1 as determined 
by each ,secretary concerned1 in        
consultation with appropriate           
authorities of tribal1 ,state1 and local
 governments and appropriate authorities
 of ,mexico and ,canada2 and  7viii7 the
 impacts on the economy1 culture1       
safety1 and quality of life on residents
 in the vicinity of the border4  7,c7 ,a
 comprehensive compilation of the fiscal
 investments in acquiring or managing   
,federal1 tribal1 state1 local1 and     
private lands and waters in the vicinity
 of1 or ecologically related to1 the    
land borders of the ,united ,states that
 have been acquired or managed in whole 
or in part for conservation purposes    
7including the creation or management of

 protected wildlife migration corridors7
 in--  7i7 units of the ,national ,park 
,system2  7ii7 ,national ,forest ,system
 land2  7iii7 land under the            
jurisdiction of the ,bureau of ,land    
,management2  7iv7 land under the       
jurisdiction of the ,united ,states     
,fish and ,wildlife ,service2  7v7 other
 relevant land under the jurisdiction of
 the ,department of the ,interior or the
 ,department of ,agriculture2  7vi7 land
 under the jurisdiction of the          
,department of ,defense or the          
individual military department2  7vii7  
land under the jurisdiction of the      
,department of ,commerce2  7viii7 tribal
 lands2  7ix7 ,state and private lands2 
and  7x7 lands within ,mexico and       
,canada4  7,d7 ,recommendations for     
strategic border security management    
based on comparative security as        
detailed in subparagraph 7,a71 the      
cost-benefit analysis as detailed in    
subparagraph 7,b71 as well as protection
 of investments in public lands         

specified in subparagraph 7,c74  7#c7   
,training  7,a7 ,required training ,the 
,secretary1 in cooperation with the     
,secretary concerned1 shall provide--   
7i7 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 ,states2   
and  7ii7 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      
lands4  7,b7 ,additional considerations 
,in developing and providing training   
under clause 7i7 of subparagraph 7,a71  
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 infrastructure1 operations1 or
 other activities4  #f4 ,actions to     
secure the international land borders of
 the ,united ,states  7a7 ,in general   
,section #ajb of the ,illegal           
,immigration ,reform and ,immigrant     
,responsibility ,act of #aiif 7,public  
,law #ajd-bjh2 #h ,u4,s4,c4 #aajc note7 
is amended to read as follows3  #ajb4   
,improvement of border security  7a7 ,in
 general ,the ,secretary of ,homeland   
,security shall take such actions as may
 be required to secure the international
 land borders of the ,united ,states4   
,such actions may be taken only in      
accordance with the border protection   
strategy developed under section #e7;a7 
of the ,border ,security and            
,responsibility ,act of #bjac4  7b7     
,priority of methods ,in carrying out   

the requirements of subsection 7a71 the 
,secretary of ,homeland ,security shall1
 where practicable1 give first priority 
to the use of remote cameras1 sensors1  
removal of non-native vegetation1       
incorporation of natural barriers1      
additional manpower1 unmanned aerial    
vehicles1 or other low impact border    
enforcement techniques4  7c7            
,consultation  7#a7 ,in general ,in     
carrying out this section1 the          
,secretary of ,homeland ,security shall 
consult with the ,secretary of the      
,interior1 the ,secretary of            
,agriculture1 the ,secretary of         
,defense1 the ,secretary of ,commerce1  
,states1 local governments1 tribal      
governments1 and private property owners
 in the ,united ,states to minimize the 
impact on the environment1 culture1     
commerce1 safety1 and quality of life   
for the communities and residents       
located near the sites at which actions 
under subsection 7a7 are proposed to be 
taken4  7#b7 ,rule of construction      

,nothing in this subsection may be      
construed to--  7,a7 create or negate   
any right of action for a ,state1 local 
government1 tribal government1 or other 
person or entity affected by this       
subsection2  7,b7 affect the eminent    
domain laws of the ,united ,states or of
 any ,state2 or  7,c7 waive the         
application of any other applicable     
,federal1 ,state1 local1 or tribal law4 
7#c7 ,limitation on requirements        
,notwithstanding subsection 7a71 nothing
 in this section shall require the      
,secretary of ,homeland ,security to    
install fencing1 physical barriers1     
roads1 lighting1 cameras1 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 secure the         
international border at such location1  
or if the ,secretary determines that the
 direct and indirect costs of or the    

impacts on the environment1 culture1    
commerce1 safety1 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 placement4  
4  7b7 ,preconditions ,in fulfilling the
 requirements of section #ajb of the    
,illegal ,immigration ,reform and       
,immigrant ,responsibility ,act of      
#aiif1 as amended by subsection 7a7 of  
this section1 the ,secretary of         
,homeland ,security shall not commence  
any construction of fencing1 physical   
barriers1 roads1 lighting1 cameras1     
sensors1 or other tactical              
infrastructure along or in the vicinity 
of an international land border of the  
,united ,states1 or award or expend     
funds pursuant to any contract or other 
agreement related thereto1 prior to #ij 
days following the submission to        
,congress of the border protection      
strategy required under section #e7;a7  
of this ,act4  #g4 ,borderlands         

monitoring and mitigation  7a7 ,in      
general ,the ,secretary1 in consultation
 with the ,secretary of the ,interior1  
the ,secretary of ,agriculture1 the     
,secretary of ,defense1 the ,secretary  
of ,commerce1 and the heads of          
appropriate ,state and tribal wildlife  
agencies and entities1 shall develop and
 implement a comprehensive monitoring   
and mitigation plan to address the      
ecological and environmental impacts of 
border security infrastructure1         
measures1 and activities along the      
international land borders of the       
,united ,states4  7b7 ,requirements ,the
 mitigation plan required under         
subsection 7a7 shall include1 at a      
minimum1 measures to address and        
mitigate the full range of ecological   
and environmental impacts of border     
security infrastructure1 measures1 and  
activities1 including--  7#a7           
preserving1 maintaining1 and1 if        
necessary1 restoring wildlife migration 
corridors1 key habitats1 and the        

ecologically functional connectivity    
between and among key habitats          
sufficient to ensure that species       
7whether or not designated as rare1     
protected1 or of concern7 remain viable 
and are able to adapt to the impacts of 
climate change2  7#b7 addressing control
 of invasive species and implementing   
measures necessary to avoid the spread  
of such species2  7#c7 maintaining      
hydrological functionality1 including   
water quantity and quality2  7#d7       
incorporating adaptive management1      
including detailed provisions for       
long-term monitoring of the mitigation  
plan's effectiveness and for necessary  
adjustments to such plan based on such  
monitoring results2 and  7#e7 protection
 of cultural and historical resources4  
7c7 ,preemption  7#a7 ,in general       
,notwithstanding any other provision of 
law1 the ,secretary may1 subject to     
paragraph 7#b71 carry out the mitigation
 plan required under subsection 7a7 on  
any ,federal1 ,state1 local1 tribal1 or 

private lands in the vicinity of or     
ecologically related to an international
 land border of the ,united ,states     
regardless of which individual1 agency1 
or entity has ownership of or principal 
responsibility for the management of any
 such lands4  7#b7 ,conditions          
,activities carried out pursuant to     
paragraph 7#a7 in connection with the   
mitigation plan shall be carried out in 
full consultation with1 and with the    
concurrence of1 the owner of1 or entity 
with principal responsibility for1 the  
management of the lands described in    
such paragraph4  7d7 ,administration    
7#a7 ,authorization ,the ,secretary of  
,homeland ,security may transfer funds  
of the ,department of ,homeland         
,security to other ,federal agencies    
for--  7,a7 expenditure under programs  
7including any international programs7  
of such agencies that are designed to   
fund conservation related activities    
7directly or through grants or similar  
mechanisms7 on non-,federal lands1      

including land acquisition programs2 and
  7,b7 mitigation activities on ,federal
 lands managed by such agencies1 if such
 activities are required to implement   
the mitigation plan required under      
subsection 7a7 and if the costs of such 
activities are higher than the costs    
associated with managing such lands in  
the absence of such activities4  7#b7   
,exemption from reprogramming           
requirements ,funds transferred pursuant
 to the authorization under paragraph   
7#a7 shall not be subject to            
reprogramming requirements4  7#c7       
,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 7a71 and may  
transfer such funds to any other        
,federal agency for expenditure under   
such plan pursuant to paragraph 7#a74   
7e7 ,authorization of appropriations    
,notwithstanding any other provision of 
law1 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 7a74