S. 2967 — Border Lands Conservation Act

This section defines the following terms for purposes of the Act: (1) appropriate congressional committees as the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate; (2) Border State as a State that abuts the southern border or northern border; (3) covered Federal land as land owned by the United States, located in a unit, portion of a unit, or one or more parcels sharing an exterior boundary with the southern border or northern border, and administered by a Federal land management agency (excluding Federal land held in trust for Indian Tribes); (4) Federal land management agency as having the meaning given the term in section 802 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801); (5) Initiative as the Border Fuels Management Initiative established under section 8(a); (6) northern border as the international border between the United States and Canada; (7) operational control as having the meaning given the term in section 2(b) of the Secure Fence Act of 2006 (8 U.S.C. 1701 note); (8) Secretaries as the Secretary of the Interior and the Secretary of Agriculture; (9) Secretary concerned as the Secretary of the Interior (for covered Federal land under Interior's jurisdiction) or the Secretary of Agriculture acting through the Chief of the Forest Service (for National Forest System land); (10) southern border as the international border between the United States and Mexico; and (11) tactical infrastructure as infrastructure for detecting illegal southern border or northern border crossings, including observation points, remote video surveillance systems, motion sensors, vehicle barriers, fences, roads, bridges, drainage, and detection devices.

This section directs the Secretaries of the Interior and Agriculture, in consultation with the Secretary of Homeland Security, to (1) inventory existing roads and install navigable roads on covered Federal land to deter illegal southern and northern border crossings, gain operational control of the borders, and increase Department of Homeland Security access; (2) administer and maintain such roads and ensure access by the Departments of Defense and Homeland Security, local law enforcement, emergency personnel, and other necessary personnel; and (3) enter into cooperative agreements with the Secretary of Homeland Security to install technology on such land necessary to deter illegal entry into the United States and gain operational control of the borders.

This section authorizes the Secretary of Homeland Security to conduct specified activities within wilderness areas for securing U.S. international land borders, notwithstanding other provisions of the Wilderness Act. Such activities include (1) accessing structures, installations, and roads; (2) executing search and rescue operations; (3) using motor vehicles, motorboats, and motorized equipment; (4) conducting patrols on foot and horseback; (5) using aircraft, including approach, landing, and takeoff notwithstanding other aircraft restrictions; (6) deploying tactical infrastructure (as defined in the Border Lands Conservation Act) and technology; and (7) constructing and maintaining roads and physical barriers. (As background, the Wilderness Act generally prohibits roads, structures, motorized equipment, and aircraft landings in wilderness areas—public lands set aside in their natural state for preservation and recreation—to maintain their wilderness character.)

This section prohibits the Secretary of the Interior or the Secretary of Agriculture from impeding, prohibiting, or restricting Department of Homeland Security activities on covered federal land 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 by terrorists and other unlawful aliens and of instruments of terrorism, narcotics, and other contraband.

This section directs the Secretary concerned to enter into a cooperative agreement with the Secretary of Homeland Security to fulfill commitments under the March 2006 Memorandum of Understanding among DHS, Interior, and USDA regarding cooperative national security and counterterrorism efforts on federal lands along U.S. borders, or any successor memorandum.

This section requires the Secretary concerned to inventory, not later than one year after enactment, all previously unauthorized roads and trails on covered Federal land created by illegal southern border or northern border crossings. Not later than two years after completing the inventory, the Secretary must determine whether each such road or trail has (1) permanently altered the original characteristics of the covered Federal land and (2) caused significant environmental degradation. If an affirmative determination is made, the Secretary must enter a cooperative agreement with the Secretary of Homeland Security to use and maintain the road or trail to deter illegal entry into the United States and gain operational control of the applicable border.

This section establishes the Border Fuels Management Initiative. Not later than one year after the date of enactment of this Act, the Secretaries of the Interior and Agriculture must establish the initiative and, in carrying it out on covered federal land, (1) reduce hazardous fuels, (2) address invasive or nonnative species that contribute to wildland fire risk or decrease the efficiency of U.S. Border Patrol operations, (3) install fuel breaks, (4) set targets for acres to treat each fiscal year, and (5) in coordination with the Secretary of Homeland Security, prioritize fuels management on such land where navigable roads are installed under section 3(a). The Secretaries must coordinate with, and may enter into memoranda of understanding with, the U.S. Border Patrol and state, local, and tribal law enforcement agencies.

This section directs the Secretary concerned, the Secretary of the Interior (through the National Park Service and U.S. Fish and Wildlife Service Directors), and the Comptroller General of the United States to submit reports to the appropriate congressional committees not later than one year after enactment. The Secretary concerned must catalog reported incidents of environmental degradation and wildland fires ignited by aliens without lawful immigration status on covered federal land—including acres burned, total fires and incidents, remediation costs, aliens connected per incident and apprehension status, and affected areas (including congressionally designated natural resource areas)—and describe additional resources or authorities needed to mitigate such issues from southern or northern border crossings. The National Park Service Director must catalog reported incidents of environmental degradation and visitor safety impacts from such aliens at National Park System units—including incident descriptions, totals, remediation costs, aliens connected per incident and apprehension status, and affected areas—and describe additional resources or authorities needed. The U.S. Fish and Wildlife Service Director must catalog reported incidents of environmental degradation, visitor safety impacts, and limits on hunting and fishing access from or resulting from such aliens at National Wildlife Refuge System units—including incident descriptions, totals, remediation costs, aliens connected per incident and apprehension status, and affected areas—and describe additional resources or authorities needed. The Comptroller General must (1) update the November 2011 Government Accountability Office report entitled “Arizona Border Region: Federal Agencies Could Better Utilize Law Enforcement Resources in Support of Wildland Fire Management Activities” to include relevant information for each Border State; and (2) report on illegal immigration effects on ranching and livestock industries, with policy recommendations for the Bureau of Land Management and Forest Service to compensate affected grazing permit holders.

This section prohibits the use of federal funds to provide housing to aliens without lawful immigration status on land under the administrative jurisdiction of federal land management agencies, including through leases, contracts, or agreements. An exception applies to facilities used primarily for the custody, detention, holding, processing, or removal of such aliens.

This section states that nothing in the Act (1) restricts legal uses (e.g., grazing, timber harvesting, oil and gas development, mining, or recreation) or access on covered federal land; (2) affects state or private land or provides authority over such land; or (3) supersedes, replaces, negates, or diminishes treaties or other agreements with Indian tribes.