Sec. 113. Prohibitions on actions that impede border security on certain Federal land

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The Secretary concerned shall not impede, prohibit, or restrict activities of U.S. Customs and Border Protection on covered Federal land to execute search and rescue operations or 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 southern border or the northern border. The authority of U.S. Customs and Border Protection to conduct activities described in paragraph

(1)on covered Federal land applies without regard to whether a state of emergency exists. U.S. Customs and Border Protection shall have immediate access to covered Federal land to conduct the activities described in paragraph

(2)on such land 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 southern border or the northern border. The activities described in this paragraph are— the use of vehicles to patrol the border area, apprehend illegal entrants, and rescue individuals; and the construction, installation, operation and maintenance of tactical infrastructure and border technology as set forth in section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (as amended by section 102 of this Act). The activities of U.S. Customs and Border Protection described in subsection (b)(2) may be carried out without regard to the provisions of law specified in paragraph (2). The provisions of law specified in this paragraph are all Federal, State, and other laws, regulations, and legal requirements of, deriving from, or related to the subject of, the following laws: The National Environmental Policy Act ( 42 U.S.C. 4321 et seq.). The Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.). The Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq.) (commonly referred to as the Clean Water Act ). Division A of subtitle III of title 54, United States Code ( 54 U.S.C. 300301 et seq.) (formerly known as the National Historic Preservation Act ). The Migratory Bird Treaty Act ( 16 U.S.C. 703 et seq.). The Clean Air Act ( 42 U.S.C. 7401 et seq.). The Archeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq.). The Safe Drinking Water Act ( 42 U.S.C. 300f et seq.). The Noise Control Act of 1972 ( 42 U.S.C. 4901 et seq.). The Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq.). The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq.). Chapter 3125 of title 54, United States Code (formerly known as the Archaeological and Historic Preservation Act ). The Antiquities Act ( 16 U.S.C. 431 et seq.). Chapter 3203 of title 54, United States Code (formerly known as the Historic Sites, Buildings, and Antiquities Act ). The Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq.). The Farmland Protection Policy Act ( 7 U.S.C. 4201 et seq.). The Coastal Zone Management Act of 1972 ( 16 U.S.C. 1451 et seq.). The Wilderness Act (Pub. L. 88-577, 16 U.S.C. 1131 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 Otay Mountain Wilderness Act of 1999 (Pub. L. 106–145). Sections 102(29) and 103 of the California Desert Protection Act of 1994 (Pub. L. 103–433). Division A of subtitle I of title 54, United States Code (formerly known as the National Park Service Organic Act ). The National Park Service General Authorities Act ( 16 U.S.C. 1a–1 et seq.). Sections 401(7), 403, and 404 of the National Parks and Recreation Act of 1978 (Pub. L. 95–625). Subsections

(a)through

(f)of section 301 of the Arizona Desert Wilderness Act of 1990 ( 16 U.S.C. 1132 note). The Act of March 3, 1899 ( 33 U.S.C. 401 et seq.) (commonly known as the Rivers and Harbors Appropriation Act of 1899 ). The Act of June 8, 1940 ( 16 U.S.C. 668 et seq.) (commonly known as the Bald and Golden Eagle Protection Act ). The Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq.). Public Law 95–341 ( 42 U.S.C. 1996 )(commonly known as the American Indian Religious Freedom Act ). The Religious Freedom Restoration Act of 1993 ( 42 U.S.C. 2000bb et seq.). The National Forest Management Act of 1976 ( 16 U.S.C. 472a et seq.). The Multiple-Use Sustained-Yield Act of 1960 ( 16 U.S.C. 528 et seq.). If a provision of law specified in paragraph

(2)was repealed and incorporated into title 54, United States Code, after April 1, 2008, and before the date of the enactment of this Act, the waiver described in paragraph

(1)shall apply to the provision of such title that corresponds to the provision of law specified in paragraph

(2)to the same extent as the waiver applied to that provision of law. This section may not be construed to provide— authority to restrict legal uses, such as grazing, hunting, mining, or recreation or the use of back country 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 section shall— have no force or effect on State lands or private lands; and not provide authority on or access to State lands or private lands. Nothing in this section may be construed to supersede, replace, negate, or diminish treaties or other agreements between the United States and Indian tribes. In this section: The term covered Federal land includes all land under the control of the Secretary concerned that is located within 100 miles of the southern border or the northern border. The term Secretary concerned means— with respect to land under the jurisdiction of the Department of Agriculture, the Secretary of Agriculture; and with respect to land under the jurisdiction of the Department of the Interior, the Secretary of the Interior.

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