119-hr1820

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1820 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 1820

 To address the public safety issues and environmental destruction 
 currently impacting Federal lands along the southern border, enhance 
border security through the construction of navigable roads on Federal 
 lands along the southern border, provide U.S. Customs and Border 
 Protection access to Federal lands to improve the safety and 
 effectiveness of enforcement activities, allow States to place 
 temporary barriers on Federal land to secure the southern border, 
 reduce the massive trash accumulations and environmental degradation 
 along the southern border, reduce the cultivation of illegal cannabis 
 on Federal lands, mitigate wildland fires caused by illegal 
 immigration, and prohibit migrant housing on Federal lands.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 March 4, 2025

 Mr. Ciscomani (for himself, Mr. Westerman, Mr. Tiffany, Mr. Fulcher, 
 Mr. Rouzer, Mr. Carter of Georgia, Mr. Crenshaw, Ms. Tenney, and Ms. 
 Malliotakis) introduced the following bill; which was referred to the 
 Committee on Natural Resources, and in addition to the Committees on 
 Agriculture, the Budget, and Homeland Security, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
 of such provisions as fall within the jurisdiction of the committee 
 concerned

_______________________________________________________________________

 A BILL

 To address the public safety issues and environmental destruction 
 currently impacting Federal lands along the southern border, enhance 
border security through the construction of navigable roads on Federal 
 lands along the southern border, provide U.S. Customs and Border 
 Protection access to Federal lands to improve the safety and 
 effectiveness of enforcement activities, allow States to place 
 temporary barriers on Federal land to secure the southern border, 
 reduce the massive trash accumulations and environmental degradation 
 along the southern border, reduce the cultivation of illegal cannabis 
 on Federal lands, mitigate wildland fires caused by illegal 
 immigration, and prohibit migrant housing on Federal lands.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Federal Lands Amplified Security for 
the Homeland Act'' or the ``FLASH Act''.

SEC. 2. TABLE OF CONTENTS.

 The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Definitions.

Sec. 4. Savings clause.
 TITLE I--SECURING FEDERAL BORDER LANDS

Sec. 101. Enhancing border security through the construction of 
 navigable roads along Federal border lands.

Sec. 102. U.S. Customs and Border Protection access to wilderness 
 areas.

Sec. 103. Placement of movable, temporary structures on certain Federal 
 land to secure the southern border of the 
 United States.

Sec. 104. Prohibition on Secretaries of the Interior and Agriculture.

Sec. 105. Interagency cooperative agreement.
 TITLE II--ENDING ENVIRONMENTAL DESTRUCTION ON PUBLIC LANDS

 Subtitle A--Trash Reduction and Suppressing Harm From Environmental 
 Degradation at the Border

Sec. 201. Definitions.

Sec. 202. Policies and procedures to reduce trash along the southern 
 border.

Sec. 203. Transparency and accountability in trash accumulation on the 
 southern border.

Sec. 204. Penalties and fines.
 Subtitle B--Targeting and Offsetting Existing Illegal Contaminants

Sec. 211. Trespass Cannabis Cultivation Site Response Initiatives.

Sec. 212. Criminal penalties for illegal pesticide application.

Sec. 213. Protection of national forests; Rules and regulations.

Sec. 214. Protection of Federal land; Rules and regulations.
 Subtitle C--Ending Major Border Land Environmental Ruin From Wildfires

Sec. 221. Southern Border Fuels Management Initiative.

Sec. 222. Mitigating environmental degradation and wildland fires 
 caused by illegal immigration.
TITLE III--PROTECTING OUR COMMUNITIES FROM FAILURE TO SECURE THE BORDER

Sec. 301. Definitions.

Sec. 302. Prohibition on providing housing to specified aliens.

Sec. 303. Report.

SEC. 3. DEFINITIONS.

 In this Act:

    (1) Appropriate congressional committees.--The term 
 ``appropriate congressional committees'' means--
        (A) the Committees on Natural Resources, 
 Agriculture, Homeland Security, and the Judiciary of 
 the House of Representatives; and
        (B) the Committees on Energy and Natural Resources, 
 Agriculture, Nutrition, and Forestry, Homeland Security 
 and Governmental Affairs, and the Judiciary of the 
 Senate.

    (2) Border state.--The term ``Border State'' means a State 
 that abuts the southern border.

    (3) Covered federal lands.--
        (A) In general.--The term ``covered Federal lands'' 
 means land--
            (i) owned by the United States;
            (ii) located in a unit that shares an 
 exterior boundary with the southern border; and
            (iii) administered by--
            (I) the National Park Service;
            (II) the Bureau of Land Management;
            (III) the United States Fish and 
 Wildlife Service;
            (IV) the Bureau of Reclamation; or
            (V) the Forest Service.
        (B) Exclusion.--The term ``covered Federal lands'' 
 does not include Federal lands held in trust for Indian 
 Tribes.

    (4) Operational control.--The term ``operational control'' 
 has the meaning given such term in 

section 2

    (b) of the Secure 
 Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367).

    (5) Secretary concerned.--The term ``Secretary concerned'' 
 means--
        (A) the Secretary of the Interior, with respect to 
 lands under the jurisdiction of the Secretary of the 
 Interior; and
        (B) the Secretary of Agriculture, acting through 
 the Chief of the Forest Service, with respect to 
 National Forest System lands.

    (6) Southern border.--The term ``southern border'' means 
 the international border between the United States and Mexico.

SEC. 4. SAVINGS CLAUSE.

    (a) Protection of Legal Uses.--Nothing in this Act shall be 
construed to provide--

    (1) authority to restrict legal uses, such as grazing, 
 timber harvesting, hunting, oil and gas development, mining, or 
 recreation on land under the jurisdiction of the Secretary of 
 the Interior or the Secretary of Agriculture; or

    (2) any additional authority to restrict legal access to 
 such land.

    (b) Effect on State and Private Land.--This Act has no force or 
effect on State or private lands, and nothing in this Act shall be 
construed as providing authority on, or access to, State or private 
lands.
            (c) Tribal Sovereignty.--Nothing in this Act supersedes, replaces, 
negates, or diminishes treaties or other agreements between the United 
States and Indian Tribes.
            (d) Effect on Enforcement-Related Detentions.--Nothing in this Act 
shall be construed as blocking, impeding, or deterring the ability of 
the Department of Homeland Security or the Department of Defense to 
temporarily detain specified aliens (as such term is defined in 

section 301) in furtherance of border security operations.

 TITLE I--SECURING FEDERAL BORDER LANDS

SEC. 101. ENHANCING BORDER SECURITY THROUGH THE CONSTRUCTION OF 
 NAVIGABLE ROADS ALONG FEDERAL BORDER LANDS.

    (a) 

=== Definitions. ===
-In this section:

    (1) Navigable road.--The term ``navigable road'' means a 
 continuous path--
        (A) able to accommodate at least a standard 
 vehicle;
        (B) of a width, length, and clearance height 
 determined by the Secretary concerned, in consultation 
 with the Secretary of Homeland Security; and
            (C) constructed of surface material determined to 
 be appropriate by the Secretary concerned, in 
 consultation with the Secretary of Homeland Security.

    (2) Secretary of homeland security.--The term ``Secretary 
 of Homeland Security'' means the Secretary of Homeland 
 Security, in consultation with the Chief Patrol Agent of each 
 U.S. Border Patrol sector containing covered Federal lands.

    (b) In General.--The Secretary concerned, in consultation with the 
Secretary of Homeland Security, shall take such actions as may be 
necessary to inventory existing roads and install navigable roads on 
covered Federal lands to--

    (1) deter illegal crossings in areas of high illegal entry 
 into the United States;

    (2) gain operational control of the southern border; and

    (3) increase U.S. Customs and Border Protection access to 
 covered Federal lands.
            (c) Road Requirements.--The navigable roads installed or 
inventoried under subsection

    (b) shall be, to the extent practicable--

    (1) at least 584 miles total in length along the portions 
 of the southern border that abut covered Federal lands;

    (2) positioned to optimize U.S. Customs and Border 
 Protection access to, and enforcement capabilities along, the 
 southern border;

    (3) not more than 10 miles from the southern border; and

    (4) completed not less than 5 years after the date of the 
 enactment of this Act.
            (d) Road Access and Maintenance.--In administering the navigable 
roads installed under this section, the Secretary concerned shall--

    (1) allow access to--
        (A) Department of Defense and U.S. Customs and 
 Border Protection personnel carrying out official 
 duties;
        (B) local law enforcement officials carrying out 
 official duties;
            (C) emergency response personnel carrying out 
 official duties;
            (D) any other personnel the Secretary concerned 
 deems necessary to carry out the purposes of the 
 navigable roads described in subsection

    (b) ; and
        (E) approved or authorized uses of navigable roads 
 along the southern border; and

    (2) maintain the navigable roads as necessary for vehicular 
 travel.

    (e) Security Fencing and Technology.--

    (1) In general.--The Secretary concerned shall enter into 
 cooperative agreements with the Secretary of Homeland Security 
 for the deployment of the most practical and effective fencing, 
 surveillance, and related technology along the navigable roads 
 being installed under this section to--
        (A) deter illegal crossings in areas of high 
 illegal entry into the United States; and
        (B) gain operational control of the southern border 
 by increasing U.S. Customs and Border Protection access 
 to covered Federal lands.

    (2) Timeline.--The Secretary concerned shall ensure 
 security measures implemented pursuant to this subsection are 
 in effect in accordance with the timeline established under 
 subsection
            (c) (4) .

    (f) NEPA Compliance.--The Secretary concerned shall ensure 
compliance with all applicable laws and regulations, including the 
National Environmental Policy Act (42 U.S.C. 4321 et seq.) and the 
amendments made to such statute by the Fiscal Responsibility Act of 
2023 (Public Law 118-5).

SEC. 102. U.S. CUSTOMS AND BORDER PROTECTION ACCESS TO WILDERNESS 
 AREAS.

 

Section 4
            (d) of the Wilderness Act (16 U.S.C. 1133) is amended by 
adding at the end the following:
 ``

    (8) U.S. Customs and Border Protection Access.--
 ``
        (A) Permissible activities.--Notwithstanding any other 
 provision of this Act, the Commissioner of U.S. Customs and 
 Border Protection may conduct the following activities within a 
 wilderness area for the purpose of securing the international 
 land borders of the United States:
 ``
            (i) Access structures, installations, and roads.
 ``
            (ii) Execute search and rescue operations.
 ``
            (iii) Use motor vehicles, motorboats, and 
 motorized equipment.
 ``
            (iv) Conduct patrols on foot and on horseback.
 ``
            (v) Notwithstanding any other law or regulation 
 relating specifically to use of aircraft in a 
 wilderness area or in the airspace above a wilderness 
 area, use aircraft, including approach, landing, and 
 takeoff.
 ``
            (vi) Deploy tactical infrastructure and 
 technology.
 ``
            (vii) Construct and maintain roads and physical 
 barriers.
 ``
        (B) Protection of wilderness character.--Any activity 
 conducted by the Commissioner of U.S. Customs and Border 
 Protection under subparagraph
        (A) shall be carried out in a 
 manner that, to the extent possible, protects the wilderness 
 character of the area.''.

SEC. 103. PLACEMENT OF MOVABLE, TEMPORARY STRUCTURES ON CERTAIN FEDERAL 
 LAND TO SECURE THE SOUTHERN BORDER OF THE UNITED STATES.

    (a) Special Use Authorization.--Subject to subsection

    (b) , the 
Secretary concerned shall not require a Border State to obtain a 
special use authorization for the temporary placement on covered 
Federal lands within the Border State of a movable, temporary structure 
for the purpose of securing the southern border, if the Border State 
submits to the Secretary concerned notice of the proposed placement not 
later than 45 days before the date of the proposed placement.

    (b) Temporary Placement.--

    (1) In general.--A movable, temporary structure described 
 in subsection

    (a) may be placed by a Border State on covered 
 Federal lands in accordance with that subsection for a period 
 of not more than 1 year, subject to paragraph

    (2) .

    (2) Extension.--
        (A) In general.--The period described in paragraph

    (1) may be extended in 90-day increments, on approval 
 by the Secretary concerned.
        (B) Consultation required.--The Secretary concerned 
 shall consult with the Commissioner of U.S. Customs and 
 Border Protection for purposes of determining whether 
 to approve an extension under subparagraph
        (A) .
            (C) Approval.--The Secretary concerned shall 
 approve a request for an extension under this paragraph 
 if the Commissioner of U.S. Customs and Border 
 Protection determines that operational control has not 
 been achieved as of the date of the consultation 
 required under subparagraph
        (B) .

SEC. 104. PROHIBITION ON SECRETARIES OF THE INTERIOR AND AGRICULTURE.

 The Secretary of the Interior or the Secretary of Agriculture may 
not impede, prohibit, or restrict activities of U.S. Customs and Border 
Protection on covered Federal lands located within 100 miles of the 
southern border, 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 southern border.

SEC. 105. INTERAGENCY COOPERATIVE AGREEMENT.

 The Secretary concerned shall enter into a cooperative agreement 
with the Secretary of Homeland Security to fulfill the commitments in 
the ``Memorandum of Understanding Among U.S. Department of Homeland 
Security and U.S. Department of the Interior and U.S. Department of 
Agriculture Regarding Cooperative National Security and 
Counterterrorism Efforts on Federal Lands along the United States' 
Borders'', signed March 2006, or any succeeding memorandum of 
understanding.

 TITLE II--ENDING ENVIRONMENTAL DESTRUCTION ON PUBLIC LANDS

 Subtitle A--Trash Reduction and Suppressing Harm From Environmental 
 Degradation at the Border

SEC. 201. DEFINITIONS.

 In this subtitle:

    (1) Applicable fire and sanitation regulations.--The term 
 ``applicable fire and sanitation regulations'' means the 
 following provisions of the Code of Federal Regulations, as in 
 effect on the date of the enactment of this Act:
        (A) With respect to lands under the jurisdiction of 
 the Secretary of the Interior--
            (i) sections 2.13 and 2.14 of title 36;
            (ii) sections 423.29, 423.31, 423.34, 
 8365.1-1, 8365.1-7, 8365.2-1, 8365.2-3, 9212.1, 
 and 9212.2 of title 43; and
            (iii) sections 26.34, 27.94, and 27.95 of 
 title 50.
        (B) With respect to National Forest System lands, 
 sections 261.5 and 261.11 of title 36.

    (2) Waste.--The term ``waste'' means any refuse, garbage, 
 rubbish, trash, debris, or litter left or created by humans and 
 disposed of--
        (A) without authorization from the Federal agency 
 administering the area where the waste is found; or
        (B) outside of a waste collection receptacle.

SEC. 202. POLICIES AND PROCEDURES TO REDUCE TRASH ALONG THE SOUTHERN 
 BORDER.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary concerned, in coordination with 
the Secretary of Homeland Security, shall establish and implement 
policies and protocols to prevent and mitigate environmental 
degradation caused by aliens without lawful immigration status--

    (1) crossing the southern border on covered Federal lands; 
 or

    (2) being housed, or otherwise illegally encroaching or 
 camping, on National Forest System lands or lands under the 
 jurisdiction of the Secretary of the Interior.

    (b) Protocols.--In developing the policies and protocols under 
subsection

    (a) , the Secretary concerned shall consider policies and 
seek to implement best practices with respect to--

    (1) reducing trash accumulation, particularly in 
 ecologically sensitive areas--
        (A) on covered Federal lands; or
        (B) where aliens without lawful immigration status 
 are being housed, or are otherwise illegally 
 encroaching or camping, on National Forest System lands 
 or lands under the jurisdiction of the Secretary of the 
 Interior;

    (2) addressing the destruction of sensitive natural and 
 archaeological resources; and

    (3) addressing the destruction of wildlife habitat.

SEC. 203. TRANSPARENCY AND ACCOUNTABILITY IN TRASH ACCUMULATION ON THE 
 SOUTHERN BORDER.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, and for each fiscal year thereafter, the 
Secretary concerned shall submit to the appropriate congressional 
committees a report on the amount of waste collected in the following 
areas:

    (1) Covered Federal lands.

    (2) Sites on National Forest System lands or lands under 
 the jurisdiction of the Secretary of the Interior--
        (A) on which aliens without lawful immigration 
 status are being housed, or are otherwise illegally 
 encroaching or camping; or
        (B) used for the illegal cultivation of narcotics, 
 including the cultivation of cannabis, by aliens 
 without lawful immigration status.

    (b) Contents of Report.--Each report submitted under subsection

    (a) shall include the following with respect to areas covered by the 
report:

    (1) The total amount of waste collected (in pounds) by 
 employees and contractors of Federal agencies and the cost of 
 collecting such waste, including a breakdown by agency, region, 
 or other unit the Secretary concerned determines appropriate in 
 illustrating the distribution of waste.

    (2) Suggestions on how to reduce environmental degradation 
 caused by waste.

    (3) Data provided by Federal, State, and local agencies, 
 nonprofit and volunteer organizations, and individuals with 
 respect to--
        (A) the amount of waste collected; and
        (B) the number of waste collection events.

    (4) The total number of acres of wildlife habitat impacted 
 by waste.

    (5) The discovery of any unauthorized trails or roads.

    (6) The number of wildfires started as a result of 
 unauthorized human activity, including fires started by aliens 
 without lawful immigration status.

    (7) Any other information the Secretary concerned 
 determines appropriate to demonstrate the amount of waste found 
 or collected.
            (c) Collection Data.--

    (1) In general.--In developing the reports required under 
 subsection

    (a) , the Secretary concerned shall--
        (A) collaborate in information gathering with 
 State, local, nonprofit, and volunteer organizations 
 and individuals assisting in waste collection efforts; 
 and
        (B) to the maximum extent practicable, verify the 
 information provided by such organizations and 
 individuals.

    (2) Protection of data.--The Secretary concerned shall take 
 precautions to ensure the privacy of organizations and 
 individuals submitting data for the purposes of this section 
 and prevent the disclosure of personal identifiable information 
 to the public.
            (d) Dates for Submission.--Except for the first report submitted in 
accordance with subsection

    (a) , the Secretary concerned shall submit to 
the appropriate congressional committees each fiscal year a report not 
later than 90 days after the last day of the fiscal year covered by the 
report.

SEC. 204. PENALTIES AND FINES.

    (a) In General.--An alien without lawful immigration status who, 
while on covered Federal land, carries out an activity prohibited under 
applicable fire and sanitation regulations shall be subject to criminal 
penalties and fines authorized under such regulations.

    (b) Increased Penalties and Fines.--Not later than 1 year after the 
date of the enactment of this Act, the Secretary concerned shall 
promulgate rules and regulations ensuring that the penalties and fines 
for carrying out, on covered Federal lands, the prohibited activities 
referred to in subsection

    (a) are escalated, such that the lower of the 
following increases occurs:

    (1) The maximum term of imprisonment and fines are doubled.

    (2) The maximum term of imprisonment and fines are raised 
 to the greatest extent possible, such that--
        (A) the maximum term of imprisonment does not 
 exceed 1 year; and
        (B) the fine does not exceed $250,000.
            (c) Enforcement.--The Secretary concerned shall enforce existing 
regulations regarding criminal penalties and fines authorized under 
such regulations, specifically regarding applicable fire and sanitation 
regulations on covered Federal land.
            (d) Report.--Not later than 180 days after the date of the 
enactment of this Act, and for each fiscal year thereafter, the 
Secretary concerned shall submit to the appropriate congressional 
committees a report detailing the total amount collected in fines under 
subsection

    (a) .

 Subtitle B--Targeting and Offsetting Existing Illegal Contaminants

SEC. 211. TRESPASS CANNABIS CULTIVATION SITE RESPONSE INITIATIVES.

    (a) 

=== Definitions. ===
-In this section:

    (1) Covered response action.--The term ``covered response 
 action'' means any activity to remove or remediate a release or 
 threat of release to the environment, resulting from the 
 cultivation of cannabis by a trespasser, of hazardous 
 substances, pollutants, contaminants, improper pesticides, or 
 refuse, including detection, identification, assessment, 
 monitoring, and cleanup activities.

    (2) Improper pesticide.--The term ``improper pesticide'' 
 means a pesticide that is--
        (A) at the time of application, cancelled by the 
 Environmental Protection Agency under the Federal 
 Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
 136 et seq.);
        (B) improperly applied; or
            (C) intentionally misused.

    (3) Improperly apply.--The term ``improperly apply'' means 
 to use any registered pesticide in a manner--
        (A) inconsistent with its labeling (as that term is 
 defined in 

section 2 of the Federal Insecticide, 
 Fungicide, and Rodenticide Act (7 U.S.C. 136)); or
        (B) that poses a risk to environmental or human 
 health.

    (4) Indian tribe.--The term ``Indian Tribe'' has the 
 meaning given the term ``Indian tribe'' in 

section 101 of the 
 Comprehensive Environmental Response, Compensation, and 
 Liability Act of 1980 (42 U.S.C. 9601).

    (5) Intentionally misused.--The term ``intentionally 
 misused'' means, with respect to a pesticide, the storage or 
 application of a pesticide on a cultivation site on Federal 
 land which poses an indirect or direct risk to wildlife, fish, 
 or pollinators.

    (6) Nonprofit conservation organization.--The term 
 ``nonprofit conservation organization'' means an organization--
        (A) that is described in 

section 501
            (c) (3) of the 
 Internal Revenue Code of 1986 and exempt from taxation 
 under 

section 501

    (a) of such Code; and
        (B) the primary purpose of which is conservation of 
 natural resources.

    (7) Owner of adjacent property.--The term ``owner of 
 adjacent property'' means the owner of property that is 
 adjacent to land--
        (A) that is under the jurisdiction of a Secretary 
 concerned; and
        (B) on which a covered response action is carried 
 out under this section.

    (8) Trespass cannabis cultivation site response initiative; 
 initiative.--The terms ``Trespass Cannabis Cultivation Site 
 Response Initiative'' and ``initiative'' mean an initiative 
 carried out under subsection

    (b) .

    (b) Trespass Cannabis Cultivation Site Response Initiatives.--

    (1) In general.--The Secretary of Agriculture and the 
 Secretary of the Interior shall each carry out an initiative of 
 environmental response to contamination resulting from the 
 cultivation of cannabis by trespassers on land under the 
 jurisdiction of the applicable Secretary, each of which shall 
 be known as a Trespass Cannabis Cultivation Site Response 
 Initiative.

    (2) Administrative office within the department of 
 agriculture and the department of the interior.--The Secretary 
 of Agriculture and the Secretary of the Interior shall identify 
 a branch within the Forest Service and the Department of the 
 Interior, respectively, which shall have the experience, 
 expertise, and responsibility for carrying out the applicable 
 initiative successfully.
            (c) Initiative Goals.--The goals of each initiative shall include 
the detection, identification, assessment, investigation, monitoring, 
and development of solutions to, and response to, contamination 
resulting from the cultivation of cannabis by trespassers on land under 
the jurisdiction of the Secretary concerned.
            (d) Responsibility for Covered Response Actions.--

    (1) Basic responsibility.--Except with respect to a covered 
 response action that is required to be taken by a potentially 
 responsible party pursuant to an agreement under 

section 122 of 
 the Comprehensive Environmental Response, Compensation, and 
 Liability Act of 1980 (42 U.S.C. 9622), the Secretary concerned 
 shall carry out all necessary covered response actions on land 
 under the jurisdiction of the Secretary concerned.

    (2) State fees and charges.--Fees and charges imposed by a 
 State on the disposal of hazardous substances, pollutants, 
 contaminants, improper pesticides, or refuse resulting from the 
 cultivation of cannabis shall apply to covered response actions 
 carried out under this section.

    (e) Services of Other Entities.--

    (1) In general.--The Secretary concerned may enter into 
 agreements on a reimbursable or other basis with any other 
 Federal agency, any State or local government agency, any 
 Indian Tribe, any owner of adjacent property, or any nonprofit 
 conservation organization to obtain the services of the agency, 
 Indian Tribe, owner, or organization to assist the Secretary 
 concerned in carrying out the applicable initiative, including 
 carrying out covered response actions under this section.

    (2) Data and safety.--Agreements under paragraph

    (1) may 
 require approval and adherence to safety, data collection, 
 monitoring, assessment, and reporting parameters set forth by 
 the Secretary concerned.

    (3) Cross-fiscal year agreements.--An agreement under 
 paragraph

    (1) may be for a period that begins in one fiscal 
 year and ends in another fiscal year so long as the period of 
 the agreement does not exceed three fiscal years.

    (4) Limitation on reimbursable agreements.--An agreement 
 under paragraph

    (1) may not--
        (A) provide for reimbursement for regulatory 
 enforcement activities; or
        (B) with respect to a site--
            (i) change the cleanup standards selected 
 for the site pursuant to law; or
            (ii) establish a cleanup level inconsistent 
 with the future intended land use as determined 
 by the Secretary concerned.

    (5) Surety.--
        (A) Surety-contractor relationship.--Any surety 
 which provides a bid, performance, or payment bond in 
 connection with any direct Federal procurement for a 
 contract under this section to carry out a covered 
 response action and begins activities to meet its 
 obligations under such bond, shall, in connection with 
 such activities or obligations, be entitled to any 
 indemnification and the same standard of liability to 
 which its principal was entitled under the contract or 
 under any applicable law or regulation.
        (B) Surety bonds.--
            (i) Applicability of sections 3131 and 3133 
 of title 40.--If under sections 3131 and 3133 
 of title 40, United States Code, surety bonds 
 are required for any direct Federal procurement 
 of any contract under this section to carry out 
 a covered response action and are not waived 
 pursuant to 

section 3134 of title 40, the 
 surety bonds shall be issued in accordance with 
 such sections 3131 and 3133.
            (ii) Limitation of accrual of rights of 
 action under bonds.--If, under applicable 
 Federal law, surety bonds are required for any 
 direct Federal procurement of any contract 
 under this section to carry out a covered 
 response action, no right of action shall 
 accrue on the performance bond issued on such 
 contract to or for the use of any person other 
 than an obligee named in the bond.
            (iii) Liability of sureties under bonds.--
 If, under applicable Federal law, surety bonds 
 are required for any direct Federal procurement 
 of any contract under this section to carry out 
 a covered response action, unless otherwise 
 provided for by the Secretary concerned in the 
 bond, in the event of a default, the surety's 
 liability on a performance bond shall be only 
 for the cost of completion of the contract work 
 in accordance with the plans and specifications 
 of the contract less the balance of funds 
 remaining to be paid under the contract, up to 
 the penal sum of the bond. The surety shall in 
 no event be liable on bonds to indemnify or 
 compensate the obligee for loss or liability 
 arising from personal injury or property damage 
 whether or not caused by a breach of the bonded 
 contract.
            (iv) Nonpreemption.--Nothing in this 
 paragraph shall be construed as--
            (I) preempting, limiting, 
 superseding, affecting, applying to, or 
 modifying any State laws, regulations, 
 requirements, rules, practices, or 
 procedures; or
            (II) affecting, applying to, 
 modifying, limiting, superseding, or 
 preempting any rights, authorities, 
 liabilities, demands, actions, causes 
 of action, losses, judgments, claims, 
 statutes of limitation, or obligations 
 under Federal or State law, which do 
 not arise on or under the bond.
            (C) Applicability.--
            (i) Bonds executed before december 5, 
 1991.--Subparagraphs
        (A) and
        (B) shall not 
 apply to bonds executed before December 5, 
 1991.
            (ii) Other bonds.--Subparagraphs
        (A) and
        (B) shall not apply to bonds required with 
 respect to response action contracts under 
 

section 119 of the Comprehensive Environmental 
 Response, Compensation, and Liability Act of 
 1980 (42 U.S.C. 9619).

    (f) Establishment of Accounts.--

    (1) Trespass cannabis cultivation site response account, 
 agriculture.--
        (A) Establishment.--There is hereby established in 
 the Treasury of the United States an account to be 
 known as the ``Trespass Cannabis Cultivation Site 
 Response Account, Agriculture'' which shall consist of, 
 with respect to land under the jurisdiction of the 
 Forest Service--
            (i) amounts appropriated in advance with 
 respect to such land under subsection
            (i) ;
            (ii) amounts recovered from a trespasser 
 for the costs of covered response actions on 
 such land related to the cultivation of 
 cannabis on such land by the trespasser; and
            (iii) any other amounts recovered from a 
 contractor, insurer, surety, or other person to 
 reimburse the Department of Agriculture for the 
 costs of covered response actions on such land 
 related to the cultivation of cannabis on such 
 land by a trespasser.
        (B) Obligation of authorized amounts.--Funds 
 authorized for deposit in an account under subparagraph
        (A) --
            (i) may be obligated or expended from the 
 account only to carry out the applicable 
 initiative, including to carry out covered 
 response actions; and
            (ii) shall remain available until expended.
            (C) Payments of fines and penalties.--None of the 
 funds appropriated to the Trespass Cannabis Cultivation 
 Site Response Account, Agriculture may be used for the 
 payment of a fine or penalty (including any 
 supplemental environmental project carried out as part 
 of such penalty) imposed against the Department of 
 Agriculture unless the act or omission for which the 
 fine or penalty is imposed arises out of an activity 
 funded by the Trespass Cannabis Cultivation Site 
 Response Account, Agriculture and the payment of the 
 fine or penalty has been specifically authorized by 
 law.

    (2) Trespass cannabis cultivation site response account, 
 interior.--
        (A) Establishment.--There is hereby established in 
 the Treasury of the United States an account to be 
 known as the ``Trespass Cannabis Cultivation Site 
 Response Account, Interior'' which shall consist of, 
 with respect to land under the jurisdiction of the 
 Department of the Interior--
            (i) amounts appropriated in advance with 
 respect to such land under subsection
            (i) ;
            (ii) amounts recovered from a trespasser 
 for the costs of covered response actions on 
 such land related to the cultivation of 
 cannabis on such land by the trespasser; and
            (iii) any other amounts recovered from a 
 contractor, insurer, surety, or other person to 
 reimburse the Department of the Interior for 
 the costs of covered response actions on such 
 land related to the cultivation of cannabis on 
 such land by a trespasser.
        (B) Obligation of authorized amounts.--Funds 
 authorized for deposit in an account under subparagraph
        (A) --
            (i) may be obligated or expended from the 
 account only to carry out the applicable 
 initiative, including to carry out covered 
 response actions; and
            (ii) shall remain available until expended.
            (C) Payments of fines and penalties.--None of the 
 funds appropriated to the Trespass Cannabis Cultivation 
 Site Response Account, Interior may be used for the 
 payment of a fine or penalty (including any 
 supplemental environmental project carried out as part 
 of such penalty) imposed against the Department of the 
 Interior unless the act or omission for which the fine 
 or penalty is imposed arises out of an activity funded 
 by the Trespass Cannabis Cultivation Site Response 
 Account, Interior and the payment of the fine or 
 penalty has been specifically authorized by law.

    (g) Budget Reports.--In proposing the budget for any fiscal year 
pursuant to 

section 1105 of title 31, United States Code, the President 
shall set forth separately the amounts requested for each initiative.

    (h) Relationship to CERCLA.--Nothing in this section affects--

    (1) the application of the Comprehensive Environmental 
 Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
 9601 et seq.) to any activity that is a covered response 
 action; or

    (2) any obligation or responsibility of any person or 
 entity under such Act.
            (i) Authorization of Appropriations.--To carry out this section, 
there is authorized to be appropriated $16,037,000 for each of fiscal 
years 2026 through 2032.

SEC. 212. CRIMINAL PENALTIES FOR ILLEGAL PESTICIDE APPLICATION.

 

Section 14

    (b)

    (2) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136l

    (b)

    (2) ) is amended to read as follows:
 ``

    (2) Private applicator.--
 ``
        (A) In general.--Any private applicator or other 
 person not included in paragraph

    (1) who knowingly 
 violates any provision of this Act shall be fined not 
 more than $1,000, or imprisoned for not more than 30 
 days, or both.
 ``
        (B) During the commission of a federal offense.--
 Any private applicator or other person not included in 
 paragraph

    (1) who knowingly violates any provision of 
 this Act during the commission of a Federal offense 
 under 

section 1361 of title 18, United States Code, 
 shall, in addition to the punishment provided under 
 such section, be imprisoned for not more than 10 
 years.''.

SEC. 213. PROTECTION OF NATIONAL FORESTS; RULES AND REGULATIONS.

 The Act of June 4, 1897 (16 U.S.C. 551; 30 Stat. 35), is amended by 
inserting ``Any violation of the provisions of this section, the 
sections referenced in the preceding sentence, or such rules and 
regulations, which involves the illegal cultivation of cannabis on 
public lands using pesticides which are not in compliance with the 
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et 
seq.) shall be punished by a fine of not more than $250,000 or 
imprisonment for not more than 20 years, or both.'' before ``Any person 
charged''.

SEC. 214. PROTECTION OF FEDERAL LAND; RULES AND REGULATIONS.

    (a) In General.--Any person who violates the Federal Insecticide, 
Fungicide, and Rodenticide Act (7 U.S.C. 136, et seq.) in connection 
with the illegal cultivation of cannabis on Federal land shall be 
subject to a fine of not more than $250,000 or imprisonment for not 
more than 20 years, or both.

    (b) Clarification.--Penalties under subsection

    (a) shall be in 
addition to applicable penalties under any other Federal or State law.
            (c) Federal Land Defined.--In this section, the term ``Federal 
land'' means any Federal land or an interest in land administered by 
the Secretary of the Interior acting through--

    (1) the Bureau of Indian Affairs (except land held in trust 
 by the Secretary for the benefit of an Indian Tribe);

    (2) the Bureau of Land Management;

    (3) the National Park Service; or

    (4) the United States Fish and Wildlife Service.

 Subtitle C--Ending Major Border Land Environmental Ruin From Wildfires

SEC. 221. SOUTHERN BORDER FUELS MANAGEMENT INITIATIVE.

    (a) Establishment.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of the Interior shall establish a 
program to be known as the ``Southern Border Fuels Management 
Initiative'' (in this section referred to as the ``Initiative'').

    (b) 

=== Purpose ===
- The purpose of the Initiative is to carry out 
vegetation management activities along the southern border in order 
to--

    (1) reduce the risk of catastrophic wildfire along the 
 southern border and improve landscape resilience;

    (2) improve operational control of the southern border; and

    (3) improve visibility and sight lines along the southern 
 border to increase safety for law enforcement.
            (c) Activities.--In carrying out the Initiative, the Secretary 
shall--

    (1) reduce hazardous fuels along the southern border;

    (2) address invasive or non-native species along the 
 southern border that contribute to wildfire risk or decrease 
 operation efficiency of border patrol operations;

    (3) install fuel breaks along the southern border;

    (4) set targets for acres to treat under the program for 
 each fiscal year; and

    (5) prioritize fuels management on covered Federal lands on 
 which navigable roads are constructed under 

section 101.
            (d) Coordination.--In carrying out the Initiative, the Secretary 
shall coordinate and may enter into memorandums of understanding with 
the Forest Service, U.S. Border Patrol, and State, local, or Tribal law 
enforcement agencies.

    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of the Interior to carry out this section 
$3,660,000 for each of fiscal years 2026 through 2032.

    (f) Termination.--The Initiative shall terminate 7 years after the 
date of the enactment of this Act.

SEC. 222. MITIGATING ENVIRONMENTAL DEGRADATION AND WILDLAND FIRES 
 CAUSED BY ILLEGAL IMMIGRATION.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary concerned, in coordination with 
the Secretary of Homeland Security, shall establish and implement 
policies and protocols to mitigate, avoid, or prevent--

    (1) wildland fires ignited by aliens without lawful 
 immigration status; and

    (2) environmental degradation on covered Federal lands 
 caused by aliens without lawful immigration status crossing the 
 southern border.

    (b) Protocols.--In developing the protocols under subsection

    (a) , 
the Secretary concerned shall consider policies to--

    (1) reduce trash accumulation along the southern border, 
 particularly in ecologically sensitive areas;

    (2) prevent the ignition of wildland fires by aliens 
 without lawful immigration status, particularly in where there 
 is a risk of--
        (A) loss of life or property;
        (B) damage to critical wildlife habitat;
            (C) damage to public infrastructure; and
            (D) degradation of watersheds or public water 
 sources;

    (3) address the destruction of sensitive natural and 
 archeological resources; and

    (4) address the destruction of wildlife habitat.
            (c) Report to Congress.--Not later than 1 year after the date of 
the enactment of this Act, the Secretary concerned shall submit to the 
appropriate congressional committees a report that includes--

    (1) a description of the policies and protocols established 
 under subsection

    (a) ;

    (2) a catalog of all reported incidents of environmental 
 degradation and wildland fires ignited by aliens without lawful 
 immigration status, including--
        (A) the number of acres burned and total number of 
 fires ignited;
        (B) a description of each incident of environmental 
 degradation and the total number of such incidents;
            (C) the estimated cost of cleaning up or 
 remediating such environmental degradation;
            (D) the number of such aliens connected to each 
 fire and whether or not they were apprehended; and
        (E) the area in which incidents of environmental 
 degradation occurred, including areas congressionally 
 designated for the protection of natural resources; and

    (3) additional resources or authorities necessary to 
 mitigate, avoid, or prevent wildland fires and environmental 
 degradation caused by aliens without lawful immigration status 
 crossing the southern border.
            (d) Updated Report.--

    (1) In general.--Not later than 2 years after the date of 
 the enactment of this Act, the Comptroller General of the 
 United States shall update its November 2011 report entitled 
 ``Federal Agencies Could Better Utilize Law Enforcement 
 Resources in Support of Wildland Fire Management Activities''.

    (2) Additional states considered.--In updating the report 
 under paragraph

    (1) , the Comptroller General shall include 
 information on each Border State.

TITLE III--PROTECTING OUR COMMUNITIES FROM FAILURE TO SECURE THE BORDER

SEC. 301. DEFINITIONS.

 In this title:

    (1) Federal land management agencies.--The term ``Federal 
 land management agencies'' means--
        (A) the National Park Service;
        (B) the Bureau of Land Management;
            (C) the United States Fish and Wildlife Service; 
 and
            (D) the Forest Service.

    (2) Housing.--The term ``housing'' means a temporary or 
 permanent encampment used for the primary purpose of sheltering 
 specified aliens.

    (3) Specified alien.--The term ``specified alien'' means an 
 alien who has not been admitted, as such terms are defined in 
 

section 101

    (a) of the Immigration and Nationality Act (8 U.S.C. 
 1101

    (a) ).

SEC. 302. PROHIBITION ON PROVIDING HOUSING TO SPECIFIED ALIENS.

    (a) In General.--No Federal funds may be used to provide housing to 
specified aliens on any land under the administrative jurisdiction of 
the Federal land management agencies, including through leases, 
contracts, or agreements.

    (b) Revocation of Lease.--The lease between the United States of 
America--United States Department of the Interior--National Park 
Service and the City of New York for the Premises known as Portions of 
Floyd Bennett Field, in the Jamaica Bay Unit of Gateway National 
Recreation Area (NPS Lease #L-GATE912-2023, Commencement Date--
September 15, 2023) and the amendment to the lease dated September 13, 
2024, are hereby revoked, and a renewal or extension of the lease or a 
subsequent lease that is substantially similar and affects any portion 
or portions of Floyd Bennett Field is--

    (1) revoked if entered into before the date of the 
 enactment of this Act; and

    (2) prohibited after the date of the enactment of this Act.

SEC. 303. REPORT.

 The Secretary of the Interior and the Secretary of Agriculture 
shall jointly submit to the appropriate congressional committees an 
annual report that includes--

    (1) the number of specified aliens that have been provided 
 housing on any land under the administrative jurisdiction of 
 the Federal land management agencies; and

    (2) information regarding the countries of origin of such 
 specified aliens.
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