H.R. 739 — Introduced in House

I 115th CONGRESS 1st Session H. R. 739 IN THE HOUSE OF REPRESENTATIVES January 30, 2017Mr. Espaillat introduced the following bill; which was referred to the Committee on Homeland Security A BILL To prohibit the construction of new border barriers, including walls or fences, on certain Federal land, and for other purposes. 1. Short title This Act may be cited as the This Land Is Our Land Act. 2. Prohibition on the construction of new border barriers, including walls or fences, on certain Federal land (a) Prohibition (1) In general Notwithstanding any other provision of law, including the waiver provision provided under section 102(c)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note; Public Law 104–208) (including any waivers of laws issued pursuant to such provision on, before, or after the date of the enactment of this Act), the Secretary of Homeland Security may not construct any new border barriers, including walls or fences, on Federal land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture within 100 miles of the international land borders of the United States that are not in existence as of the date of the enactment of this Act. (2) Rule of construction The prohibition under paragraph (1) may not be construed to prohibit the maintenance or repair by the Secretary of Homeland Security of any border barriers, including walls or fences, on Federal land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture within 100 miles of the international land borders of the United States that are in existence as of the date of the enactment of this Act. (b) Withholding of certain funding (1) In general Notwithstanding any other provision of law, the Secretary of Homeland Security may not obligate or expend any funds appropriated or otherwise made available (including through fees) to the Secretary to construct any new border barriers, including walls or fences, on Federal land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture within 100 miles of the international land borders of the United States that are not in existence as of the date of the enactment of this Act. (2) Rule of construction The prohibition under paragraph (1) may not be construed to prohibit the obligation or expenditure of funds described in such paragraph for the maintenance or repair by the Secretary of Homeland Security of any border barriers, including walls or fences, on Federal land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture within 100 miles of the international land borders of the United States that are in existence as of the date of the enactment of this Act. (c) Effect on State and private land This Act shall— (1) have no force or effect on State or private lands; and (2) not provide authority on or access to State or private lands. (d) Tribal sovereignty Nothing in this Act supersedes, replaces, negates, or diminishes treaties or other agreements between the United States and Indian tribes.