S.744 Immigration bill - Sec. 1105: BORDER SECURITY ON CERTAIN FEDERAL LAND

Posted Wed, Apr 17, 2013 at 4:55 pm

    (a) Definitions- In this section:

      (1) FEDERAL LANDS- The term `Federal lands' includes all land under the control of the Secretary concerned that is located within the Southwest border region in the State of Arizona along the international border between the United States and Mexico.

      (2) SECRETARY CONCERNED- The term `Secretary concerned' means--

        (A) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and

        (B) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior.

    (b) Support for Border Security Needs- To achieve effective control of Federal lands--

      (1) the Secretary concerned, notwithstanding any other provision of law, shall authorize and provide U.S. Customs and Border Protection personnel with immediate access to Federal lands for security activities, including--

        (A) routine motorized patrols; and

        (B) the deployment of communications, surveillance, and detection equipment;

      (2) the security activities described in paragraph (1) shall be conducted, to the maximum extent practicable, in a manner that the Secretary determines will best protect the natural and cultural resources on Federal lands; and

      (3) the Secretary concerned may provide education and training to U.S. Customs and Border Protection on the natural and cultural resources present on individual Federal land units.

    (c) Programmatic Environmental Impact Statement-

      (1) IN GENERAL- After implementing subsection (b), the Secretary, in consultation with the Secretaries concerned, shall prepare and publish in the Federal Register a notice of intent to prepare a programmatic environmental impact statement in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to analyze the impacts of the activities described in subsection (b).

      (2) EFFECT ON PROCESSING APPLICATION AND SPECIAL USE PERMITS- The pending completion of a programmatic environmental impact statement under this section shall not result in any delay in the processing or approving of applications or special use permits by the Secretaries concerned for the activities described in subsection (b).

      (3) AMENDMENT OF LAND USE PLANS- The Secretaries concerned shall amend any land use plans, as appropriate, upon completion of the programmatic environmental impact statement described in subsection (b).

      (4) SCOPE OF PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENT- The programmatic environmental impact statement described in paragraph (1)--

        (A) may be used to advise the Secretary on the impact on natural and cultural resources on Federal lands; and

        (B) shall not control, delay, or restrict actions by the Secretary to achieve effective control on Federal lands.

    (d) Intermingled State and Private Land- This section shall not apply to any private or State-owned land within the boundaries of Federal lands.

1105
BORDER SECURITY ON CERTAIN FEDERAL LAND