Sec. 606. Waiver of Federal laws with respect to border security actions on Department of the Interior and Department of Agriculture lands

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The Secretary of the Interior or the Secretary of Agriculture shall not impede, prohibit, or restrict activities of U.S. Customs and Border Protection on Federal land located within 100 miles of an international land border that is under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture, to execute search and rescue operations and to prevent all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband through the international land borders of the United States.

U.S. Customs and Border Protection shall have immediate access to Federal land within 100 miles of the international land border under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture for purposes of conducting the following activities on such land that prevent all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband through the international land borders of the United States:

Construction and maintenance of roads. Construction and maintenance of barriers. Use of vehicles to patrol, apprehend, or rescue. Installation, maintenance, and operation of communications and surveillance equipment and sensors. Deployment of temporary tactical infrastructure. Notwithstanding any other provision of law (including any termination date relating to the waiver referred to in this subsection), the waiver by the Secretary of Homeland Security on April 1, 2008, 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 ) of the laws described in paragraph

(2)with respect to certain sections of the international border between the United States and Mexico and between the United States and Canada shall be considered to apply to all 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 for the activities of U.S. Customs and Border Protection described in subsection (c). The laws referred to in paragraph

(1)are limited to the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), the National Historic Preservation Act ( 16 U.S.C. 470 et seq. ), Public Law 86–523 ( 16 U.S.C. 469 et seq. ), the Act of June 8, 1906 (commonly known as the Antiquities Act of 1906 ; 16 U.S.C. 431 et seq. ), the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq. ), the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ), the National Wildlife Refuge System Administration Act of 1966 ( 16 U.S.C. 668dd et seq. ), the Fish and Wildlife Act of 1956 ( 16 U.S.C. 742a et seq. ), the Fish and Wildlife Coordination Act ( 16 U.S.C. 661 et seq. ), subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ), the National Park Service Organic Act ( 16 U.S.C. 1 et seq. ), the General Authorities Act of 1970 ( Public Law 91–383 ) ( 16 U.S.C. 1a–1 et seq. ), sections 401(7), 403, and 404 of the National Parks and Recreation Act of 1978 ( Public Law 95–625 , 92 Stat. 3467), and the Arizona Desert Wilderness Act of 1990 ( 16 U.S.C. 1132 note; Public Law 101–628 ). This section shall not be construed to provide— authority to restrict legal uses, such as grazing, hunting, mining, or public-use recreational and backcountry airstrips on land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture; or any additional authority to restrict legal access to such land. This Act shall— have no force or effect on State or private lands; and not provide authority on or access to State or private lands. Nothing in this section supersedes, replaces, negates, or diminishes treaties or other agreements between the United States and Indian tribes. Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall submit to the appropriate committees of Congress a report describing the extent to which implementation of this section has affected the operations of U.S. Customs and Border Protection in the year preceding the report.

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