H.R. 2026 — Ending Major Borderland Environmental Ruin from Wildfires (EMBER) Act

This section establishes definitions for terms used in the Act, including (1) appropriate congressional committees, meaning specified committees in the House (Natural Resources, Agriculture, Homeland Security, and Judiciary) and Senate (Energy and Natural Resources, Agriculture, Nutrition, and Forestry, Homeland Security and Governmental Affairs, and Judiciary); (2) Border State, meaning a state that abuts the southern border; (3) covered federal lands, meaning U.S.-owned lands in units sharing an exterior boundary with the southern border that are administered by the National Park Service, Bureau of Land Management, U.S. Fish and Wildlife Service, Bureau of Reclamation, or Forest Service (excluding federal lands held in trust for Indian tribes); (4) operational control, having the meaning given in section 2(b) of the Secure Fence Act of 2006 (8 U.S.C. 1701 note); (5) Secretary concerned, meaning the Secretary of the Interior for lands under that jurisdiction or the Secretary of Agriculture (acting through the Chief of the Forest Service) for National Forest System lands; and (6) southern border, meaning the international border between the United States and Mexico.

This section establishes the Southern Border Fuels Management Initiative, to be administered by the Secretary of the Interior not later than one year after enactment of this Act. The Initiative conducts vegetation management activities along the southern border to (1) reduce catastrophic wildfire risk and improve landscape resilience, (2) enhance operational control, and (3) improve visibility and sight lines for law enforcement safety. Authorized activities include reducing hazardous fuels, addressing invasive or non-native species, installing fuel breaks, and setting annual acreage treatment targets, with required coordination with the Forest Service, U.S. Border Patrol, and state, local, or Tribal law enforcement agencies. The section authorizes appropriations of $3,660,000 annually for FY2026 through FY2032 and terminates the Initiative seven years after enactment.

This section directs the Secretary concerned, in coordination with the Secretary of Homeland Security, to establish and implement within 90 days of enactment policies and protocols to mitigate wildland fires ignited by and environmental degradation on covered federal lands caused by aliens without lawful immigration status crossing the southern border. In developing the protocols, the Secretary concerned must consider measures to reduce trash accumulation (particularly in ecologically sensitive areas); prevent fire ignition (particularly in areas risking loss of life or property, damage to wildlife habitat or public infrastructure, or degradation of watersheds); and address destruction of sensitive natural, archeological, and wildlife resources. It further requires the Secretary concerned to submit to the appropriate congressional committees, within one year of enactment, a report describing the policies and protocols; cataloging reported incidents (including acres burned, number of fires and incidents, remediation costs, number of aliens connected to each and whether apprehended, and locations including congressionally designated areas); and identifying additional needed resources or authorities. Additionally, this section directs the Comptroller General, within two years of enactment, to update the agency's November 2011 report entitled "Federal Agencies Could Better Utilize Law Enforcement Resources in Support of Wildland Fire Management Activities" to include information on each border state.