I
119THCONGRESS
1
STSESSION H. R. 1820
To address the public safety issues and environmental destruction currently
impacting Federal lands along the southern border, enhance border secu-
rity 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 cultiva-
tion 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
MARCH4, 2025
Mr. C
ISCOMANI(for himself, Mr. WESTERMAN, Mr. TIFFANY, Mr. FULCHER,
Mr. R
OUZER, Mr. CARTERof Georgia, Mr. CRENSHAW, Ms. TENNEY, and
Ms. M
ALLIOTAKIS) 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 con-
cerned
A BILL
To address the public safety issues and environmental de-
struction 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
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to place temporary barriers on Federal land to secure
the southern border, reduce the massive trash accumula-
tions and environmental degradation along the southern
border, reduce the cultivation of illegal cannabis on Fed-
eral lands, mitigate wildland fires caused by illegal immi-
gration, and prohibit migrant housing on Federal lands.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Federal Lands Ampli-4
fied Security for the Homeland Act’’ or the ‘‘FLASH 5
Act’’. 6
SEC. 2. TABLE OF CONTENTS. 7
The table of contents for this Act is as follows: 8
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 south-
ern border.
Sec. 204. Penalties and fines.
Subtitle B—Targeting and Offsetting Existing Illegal Contaminants
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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 il-
legal 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.
1
In this Act: 2
(1) A
PPROPRIATE CONGRESSIONAL COMMIT -3
TEES.—The term ‘‘appropriate congressional com-4
mittees’’ means— 5
(A) the Committees on Natural Resources, 6
Agriculture, Homeland Security, and the Judi-7
ciary of the House of Representatives; and 8
(B) the Committees on Energy and Nat-9
ural Resources, Agriculture, Nutrition, and 10
Forestry, Homeland Security and Governmental 11
Affairs, and the Judiciary of the Senate. 12
(2) B
ORDER STATE.—The term ‘‘Border State’’ 13
means a State that abuts the southern border. 14
(3) C
OVERED FEDERAL LANDS .— 15
(A) I
N GENERAL.—The term ‘‘covered 16
Federal lands’’ means land— 17
(i) owned by the United States; 18
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(ii) located in a unit that shares an 1
exterior boundary with the southern bor-2
der; and 3
(iii) administered by— 4
(I) the National Park Service; 5
(II) the Bureau of Land Manage-6
ment; 7
(III) the United States Fish and 8
Wildlife Service; 9
(IV) the Bureau of Reclamation; 10
or 11
(V) the Forest Service. 12
(B) E
XCLUSION.—The term ‘‘covered Fed-13
eral lands’’ does not include Federal lands held 14
in trust for Indian Tribes. 15
(4) O
PERATIONAL CONTROL .—The term ‘‘oper-16
ational control’’ has the meaning given such term in 17
section 2(b) of the Secure Fence Act of 2006 (8 18
U.S.C. 1701 note; Public Law 109–367). 19
(5) S
ECRETARY CONCERNED .—The term ‘‘Sec-20
retary concerned’’ means— 21
(A) the Secretary of the Interior, with re-22
spect to lands under the jurisdiction of the Sec-23
retary of the Interior; and 24
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(B) the Secretary of Agriculture, acting 1
through the Chief of the Forest Service, with 2
respect to National Forest System lands. 3
(6) S
OUTHERN BORDER .—The term ‘‘southern 4
border’’ means the international border between the 5
United States and Mexico. 6
SEC. 4. SAVINGS CLAUSE. 7
(a) P
ROTECTION OFLEGALUSES.—Nothing in this 8
Act shall be construed to provide— 9
(1) authority to restrict legal uses, such as 10
grazing, timber harvesting, hunting, oil and gas de-11
velopment, mining, or recreation on land under the 12
jurisdiction of the Secretary of the Interior or the 13
Secretary of Agriculture; or 14
(2) any additional authority to restrict legal ac-15
cess to such land. 16
(b) E
FFECT ONSTATE ANDPRIVATELAND.—This 17
Act has no force or effect on State or private lands, and 18
nothing in this Act shall be construed as providing author-19
ity on, or access to, State or private lands. 20
(c) T
RIBALSOVEREIGNTY.—Nothing in this Act su-21
persedes, replaces, negates, or diminishes treaties or other 22
agreements between the United States and Indian Tribes. 23
(d) E
FFECT ONENFORCEMENT-RELATEDDETEN-24
TIONS.—Nothing in this Act shall be construed as block-25
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ing, impeding, or deterring the ability of the Department 1
of Homeland Security or the Department of Defense to 2
temporarily detain specified aliens (as such term is defined 3
in section 301) in furtherance of border security oper-4
ations. 5
TITLE I—SECURING FEDERAL 6
BORDER LANDS 7
SEC. 101. ENHANCING BORDER SECURITY THROUGH THE 8
CONSTRUCTION OF NAVIGABLE ROADS 9
ALONG FEDERAL BORDER LANDS. 10
(a) D
EFINITIONS.—In this section: 11
(1) N
AVIGABLE ROAD.—The term ‘‘navigable 12
road’’ means a continuous path— 13
(A) able to accommodate at least a stand-14
ard vehicle; 15
(B) of a width, length, and clearance 16
height determined by the Secretary concerned, 17
in consultation with the Secretary of Homeland 18
Security; and 19
(C) constructed of surface material deter-20
mined to be appropriate by the Secretary con-21
cerned, in consultation with the Secretary of 22
Homeland Security. 23
(2) S
ECRETARY OF HOMELAND SECURITY .— 24
The term ‘‘Secretary of Homeland Security’’ means 25
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the Secretary of Homeland Security, in consultation 1
with the Chief Patrol Agent of each U.S. Border Pa-2
trol sector containing covered Federal lands. 3
(b) I
NGENERAL.—The Secretary concerned, in con-4
sultation with the Secretary of Homeland Security, shall 5
take such actions as may be necessary to inventory exist-6
ing roads and install navigable roads on covered Federal 7
lands to— 8
(1) deter illegal crossings in areas of high ille-9
gal entry into the United States; 10
(2) gain operational control of the southern bor-11
der; and 12
(3) increase U.S. Customs and Border Protec-13
tion access to covered Federal lands. 14
(c) R
OADREQUIREMENTS.—The navigable roads in-15
stalled or inventoried under subsection (b) shall be, to the 16
extent practicable— 17
(1) at least 584 miles total in length along the 18
portions of the southern border that abut covered 19
Federal lands; 20
(2) positioned to optimize U.S. Customs and 21
Border Protection access to, and enforcement capa-22
bilities along, the southern border; 23
(3) not more than 10 miles from the southern 24
border; and 25
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(4) completed not less than 5 years after the 1
date of the enactment of this Act. 2
(d) R
OADACCESS ANDMAINTENANCE.—In admin-3
istering the navigable roads installed under this section, 4
the Secretary concerned shall— 5
(1) allow access to— 6
(A) Department of Defense and U.S. Cus-7
toms and Border Protection personnel carrying 8
out official duties; 9
(B) local law enforcement officials carrying 10
out official duties; 11
(C) emergency response personnel carrying 12
out official duties; 13
(D) any other personnel the Secretary con-14
cerned deems necessary to carry out the pur-15
poses of the navigable roads described in sub-16
section (b); and 17
(E) approved or authorized uses of navi-18
gable roads along the southern border; and 19
(2) maintain the navigable roads as necessary 20
for vehicular travel. 21
(e) S
ECURITYFENCING ANDTECHNOLOGY.— 22
(1) I
N GENERAL.—The Secretary concerned 23
shall enter into cooperative agreements with the Sec-24
retary of Homeland Security for the deployment of 25
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the most practical and effective fencing, surveillance, 1
and related technology along the navigable roads 2
being installed under this section to— 3
(A) deter illegal crossings in areas of high 4
illegal entry into the United States; and 5
(B) gain operational control of the south-6
ern border by increasing U.S. Customs and 7
Border Protection access to covered Federal 8
lands. 9
(2) T
IMELINE.—The Secretary concerned shall 10
ensure security measures implemented pursuant to 11
this subsection are in effect in accordance with the 12
timeline established under subsection (c)(4). 13
(f) NEPA C
OMPLIANCE.—The Secretary concerned 14
shall ensure compliance with all applicable laws and regu-15
lations, including the National Environmental Policy Act 16
(42 U.S.C. 4321 et seq.) and the amendments made to 17
such statute by the Fiscal Responsibility Act of 2023 18
(Public Law 118–5). 19
SEC. 102. U.S. CUSTOMS AND BORDER PROTECTION ACCESS 20
TO WILDERNESS AREAS. 21
Section 4(d) of the Wilderness Act (16 U.S.C. 1133) 22
is amended by adding at the end the following: 23
‘‘(8) U.S. C
USTOMS ANDBORDERPROTECTIONAC-24
CESS.— 25
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‘‘(A) PERMISSIBLE ACTIVITIES .—Notwith-1
standing any other provision of this Act, the Com-2
missioner of U.S. Customs and Border Protection 3
may conduct the following activities within a wilder-4
ness area for the purpose of securing the inter-5
national land borders of the United States: 6
‘‘(i) Access structures, installations, and 7
roads. 8
‘‘(ii) Execute search and rescue operations. 9
‘‘(iii) Use motor vehicles, motorboats, and 10
motorized equipment. 11
‘‘(iv) Conduct patrols on foot and on 12
horseback. 13
‘‘(v) Notwithstanding any other law or reg-14
ulation relating specifically to use of aircraft in 15
a wilderness area or in the airspace above a wil-16
derness area, use aircraft, including approach, 17
landing, and takeoff. 18
‘‘(vi) Deploy tactical infrastructure and 19
technology. 20
‘‘(vii) Construct and maintain roads and 21
physical barriers. 22
‘‘(B) P
ROTECTION OF WILDERNESS CHAR -23
ACTER.—Any activity conducted by the Commis-24
sioner of U.S. Customs and Border Protection under 25
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subparagraph (A) shall be carried out in a manner 1
that, to the extent possible, protects the wilderness 2
character of the area.’’. 3
SEC. 103. PLACEMENT OF MOVABLE, TEMPORARY STRUC-4
TURES ON CERTAIN FEDERAL LAND TO SE-5
CURE THE SOUTHERN BORDER OF THE 6
UNITED STATES. 7
(a) S
PECIALUSEAUTHORIZATION.—Subject to sub-8
section (b), the Secretary concerned shall not require a 9
Border State to obtain a special use authorization for the 10
temporary placement on covered Federal lands within the 11
Border State of a movable, temporary structure for the 12
purpose of securing the southern border, if the Border 13
State submits to the Secretary concerned notice of the 14
proposed placement not later than 45 days before the date 15
of the proposed placement. 16
(b) T
EMPORARYPLACEMENT.— 17
(1) I
N GENERAL.—A movable, temporary struc-18
ture described in subsection (a) may be placed by a 19
Border State on covered Federal lands in accordance 20
with that subsection for a period of not more than 21
1 year, subject to paragraph (2). 22
(2) E
XTENSION.— 23
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(A) IN GENERAL.—The period described in 1
paragraph (1) may be extended in 90-day incre-2
ments, on approval by the Secretary concerned. 3
(B) C
ONSULTATION REQUIRED .—The Sec-4
retary concerned shall consult with the Commis-5
sioner of U.S. Customs and Border Protection 6
for purposes of determining whether to approve 7
an extension under subparagraph (A). 8
(C) A
PPROVAL.—The Secretary concerned 9
shall approve a request for an extension under 10
this paragraph if the Commissioner of U.S. 11
Customs and Border Protection determines that 12
operational control has not been achieved as of 13
the date of the consultation required under sub-14
paragraph (B). 15
SEC. 104. PROHIBITION ON SECRETARIES OF THE INTE-16
RIOR AND AGRICULTURE. 17
The Secretary of the Interior or the Secretary of Ag-18
riculture may not impede, prohibit, or restrict activities 19
of U.S. Customs and Border Protection on covered Fed-20
eral lands located within 100 miles of the southern border, 21
to execute search and rescue operations and to prevent 22
all unlawful entries into the United States, including en-23
tries by terrorists, other unlawful aliens, instruments of 24
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terrorism, narcotics, and other contraband through the 1
southern border. 2
SEC. 105. INTERAGENCY COOPERATIVE AGREEMENT. 3
The Secretary concerned shall enter into a coopera-4
tive agreement with the Secretary of Homeland Security 5
to fulfill the commitments in the ‘‘Memorandum of Under-6
standing Among U.S. Department of Homeland Security 7
and U.S. Department of the Interior and U.S. Depart-8
ment of Agriculture Regarding Cooperative National Se-9
curity and Counterterrorism Efforts on Federal Lands 10
along the United States’ Borders’’, signed March 2006, 11
or any succeeding memorandum of understanding. 12
TITLE II—ENDING ENVIRON-13
MENTAL DESTRUCTION ON 14
PUBLIC LANDS 15
Subtitle A—Trash Reduction and 16
Suppressing Harm From Envi-17
ronmental Degradation at the 18
Border 19
SEC. 201. DEFINITIONS. 20
In this subtitle: 21
(1) A
PPLICABLE FIRE AND SANITATION REGU -22
LATIONS.—The term ‘‘applicable fire and sanitation 23
regulations’’ means the following provisions of the 24
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Code of Federal Regulations, as in effect on the date 1
of the enactment of this Act: 2
(A) With respect to lands under the juris-3
diction of the Secretary of the Interior— 4
(i) sections 2.13 and 2.14 of title 36; 5
(ii) sections 423.29, 423.31, 423.34, 6
8365.1–1, 8365.1–7, 8365.2–1, 8365.2–3, 7
9212.1, and 9212.2 of title 43; and 8
(iii) sections 26.34, 27.94, and 27.95 9
of title 50. 10
(B) With respect to National Forest Sys-11
tem lands, sections 261.5 and 261.11 of title 12
36. 13
(2) W
ASTE.—The term ‘‘waste’’ means any 14
refuse, garbage, rubbish, trash, debris, or litter left 15
or created by humans and disposed of— 16
(A) without authorization from the Federal 17
agency administering the area where the waste 18
is found; or 19
(B) outside of a waste collection receptacle. 20
SEC. 202. POLICIES AND PROCEDURES TO REDUCE TRASH 21
ALONG THE SOUTHERN BORDER. 22
(a) I
NGENERAL.—Not later than 90 days after the 23
date of the enactment of this Act, the Secretary concerned, 24
in coordination with the Secretary of Homeland Security, 25
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shall establish and implement policies and protocols to 1
prevent and mitigate environmental degradation caused by 2
aliens without lawful immigration status— 3
(1) crossing the southern border on covered 4
Federal lands; or 5
(2) being housed, or otherwise illegally en-6
croaching or camping, on National Forest System 7
lands or lands under the jurisdiction of the Sec-8
retary of the Interior. 9
(b) P
ROTOCOLS.—In developing the policies and pro-10
tocols under subsection (a), the Secretary concerned shall 11
consider policies and seek to implement best practices with 12
respect to— 13
(1) reducing trash accumulation, particularly in 14
ecologically sensitive areas— 15
(A) on covered Federal lands; or 16
(B) where aliens without lawful immigra-17
tion status are being housed, or are otherwise 18
illegally encroaching or camping, on National 19
Forest System lands or lands under the juris-20
diction of the Secretary of the Interior; 21
(2) addressing the destruction of sensitive nat-22
ural and archaeological resources; and 23
(3) addressing the destruction of wildlife habi-24
tat. 25
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SEC. 203. TRANSPARENCY AND ACCOUNTABILITY IN TRASH 1
ACCUMULATION ON THE SOUTHERN BOR-2
DER. 3
(a) I
NGENERAL.—Not later than 180 days after the 4
date of the enactment of this Act, and for each fiscal year 5
thereafter, the Secretary concerned shall submit to the ap-6
propriate congressional committees a report on the 7
amount of waste collected in the following areas: 8
(1) Covered Federal lands. 9
(2) Sites on National Forest System lands or 10
lands under the jurisdiction of the Secretary of the 11
Interior— 12
(A) on which aliens without lawful immi-13
gration status are being housed, or are other-14
wise illegally encroaching or camping; or 15
(B) used for the illegal cultivation of nar-16
cotics, including the cultivation of cannabis, by 17
aliens without lawful immigration status. 18
(b) C
ONTENTS OFREPORT.—Each report submitted 19
under subsection (a) shall include the following with re-20
spect to areas covered by the report: 21
(1) The total amount of waste collected (in 22
pounds) by employees and contractors of Federal 23
agencies and the cost of collecting such waste, in-24
cluding a breakdown by agency, region, or other unit 25
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the Secretary concerned determines appropriate in 1
illustrating the distribution of waste. 2
(2) Suggestions on how to reduce environmental 3
degradation caused by waste. 4
(3) Data provided by Federal, State, and local 5
agencies, nonprofit and volunteer organizations, and 6
individuals with respect to— 7
(A) the amount of waste collected; and 8
(B) the number of waste collection events. 9
(4) The total number of acres of wildlife habitat 10
impacted by waste. 11
(5) The discovery of any unauthorized trails or 12
roads. 13
(6) The number of wildfires started as a result 14
of unauthorized human activity, including fires 15
started by aliens without lawful immigration status. 16
(7) Any other information the Secretary con-17
cerned determines appropriate to demonstrate the 18
amount of waste found or collected. 19
(c) C
OLLECTIONDATA.— 20
(1) I
N GENERAL.—In developing the reports re-21
quired under subsection (a), the Secretary concerned 22
shall— 23
(A) collaborate in information gathering 24
with State, local, nonprofit, and volunteer orga-25
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nizations and individuals assisting in waste col-1
lection efforts; and 2
(B) to the maximum extent practicable, 3
verify the information provided by such organi-4
zations and individuals. 5
(2) P
ROTECTION OF DATA.—The Secretary con-6
cerned shall take precautions to ensure the privacy 7
of organizations and individuals submitting data for 8
the purposes of this section and prevent the disclo-9
sure of personal identifiable information to the pub-10
lic. 11
(d) D
ATES FORSUBMISSION.—Except for the first 12
report submitted in accordance with subsection (a), the 13
Secretary concerned shall submit to the appropriate con-14
gressional committees each fiscal year a report not later 15
than 90 days after the last day of the fiscal year covered 16
by the report. 17
SEC. 204. PENALTIES AND FINES. 18
(a) I
NGENERAL.—An alien without lawful immigra-19
tion status who, while on covered Federal land, carries out 20
an activity prohibited under applicable fire and sanitation 21
regulations shall be subject to criminal penalties and fines 22
authorized under such regulations. 23
(b) I
NCREASEDPENALTIES ANDFINES.—Not later 24
than 1 year after the date of the enactment of this Act, 25
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the Secretary concerned shall promulgate rules and regu-1
lations ensuring that the penalties and fines for carrying 2
out, on covered Federal lands, the prohibited activities re-3
ferred to in subsection (a) are escalated, such that the 4
lower of the following increases occurs: 5
(1) The maximum term of imprisonment and 6
fines are doubled. 7
(2) The maximum term of imprisonment and 8
fines are raised to the greatest extent possible, such 9
that— 10
(A) the maximum term of imprisonment 11
does not exceed 1 year; and 12
(B) the fine does not exceed $250,000. 13
(c) E
NFORCEMENT.—The Secretary concerned shall 14
enforce existing regulations regarding criminal penalties 15
and fines authorized under such regulations, specifically 16
regarding applicable fire and sanitation regulations on 17
covered Federal land. 18
(d) R
EPORT.—Not later than 180 days after the date 19
of the enactment of this Act, and for each fiscal year 20
thereafter, the Secretary concerned shall submit to the ap-21
propriate congressional committees a report detailing the 22
total amount collected in fines under subsection (a). 23
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Subtitle B—Targeting and Offset-1
ting Existing Illegal Contami-2
nants 3
SEC. 211. TRESPASS CANNABIS CULTIVATION SITE RE-4
SPONSE INITIATIVES. 5
(a) D
EFINITIONS.—In this section: 6
(1) C
OVERED RESPONSE ACTION .—The term 7
‘‘covered response action’’ means any activity to re-8
move or remediate a release or threat of release to 9
the environment, resulting from the cultivation of 10
cannabis by a trespasser, of hazardous substances, 11
pollutants, contaminants, improper pesticides, or 12
refuse, including detection, identification, assess-13
ment, monitoring, and cleanup activities. 14
(2) I
MPROPER PESTICIDE .—The term ‘‘im-15
proper pesticide’’ means a pesticide that is— 16
(A) at the time of application, cancelled by 17
the Environmental Protection Agency under the 18
Federal Insecticide, Fungicide, and Rodenticide 19
Act (7 U.S.C. 136 et seq.); 20
(B) improperly applied; or 21
(C) intentionally misused. 22
(3) I
MPROPERLY APPLY .—The term ‘‘improp-23
erly apply’’ means to use any registered pesticide in 24
a manner— 25
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(A) inconsistent with its labeling (as that 1
term is defined in section 2 of the Federal In-2
secticide, Fungicide, and Rodenticide Act (7 3
U.S.C. 136)); or 4
(B) that poses a risk to environmental or 5
human health. 6
(4) I
NDIAN TRIBE.—The term ‘‘Indian Tribe’’ 7
has the meaning given the term ‘‘Indian tribe’’ in 8
section 101 of the Comprehensive Environmental 9
Response, Compensation, and Liability Act of 1980 10
(42 U.S.C. 9601). 11
(5) I
NTENTIONALLY MISUSED .—The term ‘‘in-12
tentionally misused’’ means, with respect to a pes-13
ticide, the storage or application of a pesticide on a 14
cultivation site on Federal land which poses an indi-15
rect or direct risk to wildlife, fish, or pollinators. 16
(6) N
ONPROFIT CONSERVATION ORGANIZA -17
TION.—The term ‘‘nonprofit conservation organiza-18
tion’’ means an organization— 19
(A) that is described in section 501(c)(3) 20
of the Internal Revenue Code of 1986 and ex-21
empt from taxation under section 501(a) of 22
such Code; and 23
(B) the primary purpose of which is con-24
servation of natural resources. 25
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(7) OWNER OF ADJACENT PROPERTY .—The 1
term ‘‘owner of adjacent property’’ means the owner 2
of property that is adjacent to land— 3
(A) that is under the jurisdiction of a Sec-4
retary concerned; and 5
(B) on which a covered response action is 6
carried out under this section. 7
(8) T
RESPASS CANNABIS CULTIVATION SITE RE -8
SPONSE INITIATIVE; INITIATIVE.—The terms ‘‘Tres-9
pass Cannabis Cultivation Site Response Initiative’’ 10
and ‘‘initiative’’ mean an initiative carried out under 11
subsection (b). 12
(b) T
RESPASSCANNABISCULTIVATIONSITERE-13
SPONSEINITIATIVES.— 14
(1) I
N GENERAL.—The Secretary of Agriculture 15
and the Secretary of the Interior shall each carry 16
out an initiative of environmental response to con-17
tamination resulting from the cultivation of cannabis 18
by trespassers on land under the jurisdiction of the 19
applicable Secretary, each of which shall be known 20
as a Trespass Cannabis Cultivation Site Response 21
Initiative. 22
(2) A
DMINISTRATIVE OFFICE WITHIN THE DE -23
PARTMENT OF AGRICULTURE AND THE DEPART -24
MENT OF THE INTERIOR .—The Secretary of Agri-25
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culture and the Secretary of the Interior shall iden-1
tify a branch within the Forest Service and the De-2
partment of the Interior, respectively, which shall 3
have the experience, expertise, and responsibility for 4
carrying out the applicable initiative successfully. 5
(c) I
NITIATIVEGOALS.—The goals of each initiative 6
shall include the detection, identification, assessment, in-7
vestigation, monitoring, and development of solutions to, 8
and response to, contamination resulting from the cultiva-9
tion of cannabis by trespassers on land under the jurisdic-10
tion of the Secretary concerned. 11
(d) R
ESPONSIBILITY FOR COVEREDRESPONSEAC-12
TIONS.— 13
(1) B
ASIC RESPONSIBILITY.—Except with re-14
spect to a covered response action that is required 15
to be taken by a potentially responsible party pursu-16
ant to an agreement under section 122 of the Com-17
prehensive Environmental Response, Compensation, 18
and Liability Act of 1980 (42 U.S.C. 9622), the 19
Secretary concerned shall carry out all necessary 20
covered response actions on land under the jurisdic-21
tion of the Secretary concerned. 22
(2) S
TATE FEES AND CHARGES .—Fees and 23
charges imposed by a State on the disposal of haz-24
ardous substances, pollutants, contaminants, im-25
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proper pesticides, or refuse resulting from the cul-1
tivation of cannabis shall apply to covered response 2
actions carried out under this section. 3
(e) S
ERVICES OFOTHERENTITIES.— 4
(1) I
N GENERAL.—The Secretary concerned 5
may enter into agreements on a reimbursable or 6
other basis with any other Federal agency, any State 7
or local government agency, any Indian Tribe, any 8
owner of adjacent property, or any nonprofit con-9
servation organization to obtain the services of the 10
agency, Indian Tribe, owner, or organization to as-11
sist the Secretary concerned in carrying out the ap-12
plicable initiative, including carrying out covered re-13
sponse actions under this section. 14
(2) D
ATA AND SAFETY .—Agreements under 15
paragraph (1) may require approval and adherence 16
to safety, data collection, monitoring, assessment, 17
and reporting parameters set forth by the Secretary 18
concerned. 19
(3) C
ROSS-FISCAL YEAR AGREEMENTS .—An 20
agreement under paragraph (1) may be for a period 21
that begins in one fiscal year and ends in another 22
fiscal year so long as the period of the agreement 23
does not exceed three fiscal years. 24
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(4) LIMITATION ON REIMBURSABLE AGREE -1
MENTS.—An agreement under paragraph (1) may 2
not— 3
(A) provide for reimbursement for regu-4
latory enforcement activities; or 5
(B) with respect to a site— 6
(i) change the cleanup standards se-7
lected for the site pursuant to law; or 8
(ii) establish a cleanup level incon-9
sistent with the future intended land use 10
as determined by the Secretary concerned. 11
(5) S
URETY.— 12
(A) S
URETY-CONTRACTOR RELATION -13
SHIP.—Any surety which provides a bid, per-14
formance, or payment bond in connection with 15
any direct Federal procurement for a contract 16
under this section to carry out a covered re-17
sponse action and begins activities to meet its 18
obligations under such bond, shall, in connec-19
tion with such activities or obligations, be enti-20
tled to any indemnification and the same stand-21
ard of liability to which its principal was enti-22
tled under the contract or under any applicable 23
law or regulation. 24
(B) S
URETY BONDS.— 25
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(i) APPLICABILITY OF SECTIONS 3131 1
AND 3133 OF TITLE 40.—If under sections 2
3131 and 3133 of title 40, United States 3
Code, surety bonds are required for any di-4
rect Federal procurement of any contract 5
under this section to carry out a covered 6
response action and are not waived pursu-7
ant to section 3134 of title 40, the surety 8
bonds shall be issued in accordance with 9
such sections 3131 and 3133. 10
(ii) L
IMITATION OF ACCRUAL OF 11
RIGHTS OF ACTION UNDER BONDS .—If, 12
under applicable Federal law, surety bonds 13
are required for any direct Federal pro-14
curement of any contract under this sec-15
tion to carry out a covered response action, 16
no right of action shall accrue on the per-17
formance bond issued on such contract to 18
or for the use of any person other than an 19
obligee named in the bond. 20
(iii) L
IABILITY OF SURETIES UNDER 21
BONDS.—If, under applicable Federal law, 22
surety bonds are required for any direct 23
Federal procurement of any contract under 24
this section to carry out a covered response 25
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action, unless otherwise provided for by the 1
Secretary concerned in the bond, in the 2
event of a default, the surety’s liability on 3
a performance bond shall be only for the 4
cost of completion of the contract work in 5
accordance with the plans and specifica-6
tions of the contract less the balance of 7
funds remaining to be paid under the con-8
tract, up to the penal sum of the bond. 9
The surety shall in no event be liable on 10
bonds to indemnify or compensate the obli-11
gee for loss or liability arising from per-12
sonal injury or property damage whether 13
or not caused by a breach of the bonded 14
contract. 15
(iv) N
ONPREEMPTION.—Nothing in 16
this paragraph shall be construed as— 17
(I) preempting, limiting, super-18
seding, affecting, applying to, or 19
modifying any State laws, regulations, 20
requirements, rules, practices, or pro-21
cedures; or 22
(II) affecting, applying to, modi-23
fying, limiting, superseding, or pre-24
empting any rights, authorities, liabil-25
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ities, demands, actions, causes of ac-1
tion, losses, judgments, claims, stat-2
utes of limitation, or obligations under 3
Federal or State law, which do not 4
arise on or under the bond. 5
(C) A
PPLICABILITY.— 6
(i) B
ONDS EXECUTED BEFORE DE -7
CEMBER 5, 1991.—Subparagraphs (A) and 8
(B) shall not apply to bonds executed be-9
fore December 5, 1991. 10
(ii) O
THER BONDS.—Subparagraphs 11
(A) and (B) shall not apply to bonds re-12
quired with respect to response action con-13
tracts under section 119 of the Com-14
prehensive Environmental Response, Com-15
pensation, and Liability Act of 1980 (42 16
U.S.C. 9619). 17
(f) E
STABLISHMENT OF ACCOUNTS.— 18
(1) T
RESPASS CANNABIS CULTIVATION SITE RE -19
SPONSE ACCOUNT, AGRICULTURE.— 20
(A) E
STABLISHMENT.—There is hereby es-21
tablished in the Treasury of the United States 22
an account to be known as the ‘‘Trespass Can-23
nabis Cultivation Site Response Account, Agri-24
culture’’ which shall consist of, with respect to 25
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land under the jurisdiction of the Forest Serv-1
ice— 2
(i) amounts appropriated in advance 3
with respect to such land under subsection 4
(i); 5
(ii) amounts recovered from a tres-6
passer for the costs of covered response ac-7
tions on such land related to the cultiva-8
tion of cannabis on such land by the tres-9
passer; and 10
(iii) any other amounts recovered 11
from a contractor, insurer, surety, or other 12
person to reimburse the Department of 13
Agriculture for the costs of covered re-14
sponse actions on such land related to the 15
cultivation of cannabis on such land by a 16
trespasser. 17
(B) O
BLIGATION OF AUTHORIZED 18
AMOUNTS.—Funds authorized for deposit in an 19
account under subparagraph (A)— 20
(i) may be obligated or expended from 21
the account only to carry out the applica-22
ble initiative, including to carry out cov-23
ered response actions; and 24
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(ii) shall remain available until ex-1
pended. 2
(C) P
AYMENTS OF FINES AND PEN -3
ALTIES.—None of the funds appropriated to the 4
Trespass Cannabis Cultivation Site Response 5
Account, Agriculture may be used for the pay-6
ment of a fine or penalty (including any supple-7
mental environmental project carried out as 8
part of such penalty) imposed against the De-9
partment of Agriculture unless the act or omis-10
sion for which the fine or penalty is imposed 11
arises out of an activity funded by the Trespass 12
Cannabis Cultivation Site Response Account, 13
Agriculture and the payment of the fine or pen-14
alty has been specifically authorized by law. 15
(2) T
RESPASS CANNABIS CULTIVATION SITE RE -16
SPONSE ACCOUNT, INTERIOR.— 17
(A) E
STABLISHMENT.—There is hereby es-18
tablished in the Treasury of the United States 19
an account to be known as the ‘‘Trespass Can-20
nabis Cultivation Site Response Account, Inte-21
rior’’ which shall consist of, with respect to land 22
under the jurisdiction of the Department of the 23
Interior— 24
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(i) amounts appropriated in advance 1
with respect to such land under subsection 2
(i); 3
(ii) amounts recovered from a tres-4
passer for the costs of covered response ac-5
tions on such land related to the cultiva-6
tion of cannabis on such land by the tres-7
passer; and 8
(iii) any other amounts recovered 9
from a contractor, insurer, surety, or other 10
person to reimburse the Department of the 11
Interior for the costs of covered response 12
actions on such land related to the cultiva-13
tion of cannabis on such land by a tres-14
passer. 15
(B) O
BLIGATION OF AUTHORIZED 16
AMOUNTS.—Funds authorized for deposit in an 17
account under subparagraph (A)— 18
(i) may be obligated or expended from 19
the account only to carry out the applica-20
ble initiative, including to carry out cov-21
ered response actions; and 22
(ii) shall remain available until ex-23
pended. 24
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(C) PAYMENTS OF FINES AND PEN -1
ALTIES.—None of the funds appropriated to the 2
Trespass Cannabis Cultivation Site Response 3
Account, Interior may be used for the payment 4
of a fine or penalty (including any supplemental 5
environmental project carried out as part of 6
such penalty) imposed against the Department 7
of the Interior unless the act or omission for 8
which the fine or penalty is imposed arises out 9
of an activity funded by the Trespass Cannabis 10
Cultivation Site Response Account, Interior and 11
the payment of the fine or penalty has been 12
specifically authorized by law. 13
(g) B
UDGETREPORTS.—In proposing the budget for 14
any fiscal year pursuant to section 1105 of title 31, United 15
States Code, the President shall set forth separately the 16
amounts requested for each initiative. 17
(h) R
ELATIONSHIP TO CERCLA.—Nothing in this 18
section affects— 19
(1) the application of the Comprehensive Envi-20
ronmental Response, Compensation, and Liability 21
Act of 1980 (42 U.S.C. 9601 et seq.) to any activity 22
that is a covered response action; or 23
(2) any obligation or responsibility of any per-24
son or entity under such Act. 25
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(i) AUTHORIZATION OFAPPROPRIATIONS.—To carry 1
out this section, there is authorized to be appropriated 2
$16,037,000 for each of fiscal years 2026 through 2032. 3
SEC. 212. CRIMINAL PENALTIES FOR ILLEGAL PESTICIDE 4
APPLICATION. 5
Section 14(b)(2) of the Federal Insecticide, Fun-6
gicide, and Rodenticide Act (7 U.S.C. 136l(b)(2)) is 7
amended to read as follows: 8
‘‘(2) P
RIVATE APPLICATOR.— 9
‘‘(A) I
N GENERAL.—Any private applicator 10
or other person not included in paragraph (1) 11
who knowingly violates any provision of this Act 12
shall be fined not more than $1,000, or impris-13
oned for not more than 30 days, or both. 14
‘‘(B) D
URING THE COMMISSION OF A FED -15
ERAL OFFENSE .—Any private applicator or 16
other person not included in paragraph (1) who 17
knowingly violates any provision of this Act 18
during the commission of a Federal offense 19
under section 1361 of title 18, United States 20
Code, shall, in addition to the punishment pro-21
vided under such section, be imprisoned for not 22
more than 10 years.’’. 23
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SEC. 213. PROTECTION OF NATIONAL FORESTS; RULES AND 1
REGULATIONS. 2
The Act of June 4, 1897 (16 U.S.C. 551; 30 Stat. 3
35), is amended by inserting ‘‘Any violation of the provi-4
sions of this section, the sections referenced in the pre-5
ceding sentence, or such rules and regulations, which in-6
volves the illegal cultivation of cannabis on public lands 7
using pesticides which are not in compliance with the Fed-8
eral Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 9
136 et seq.) shall be punished by a fine of not more than 10
$250,000 or imprisonment for not more than 20 years, 11
or both.’’ before ‘‘Any person charged’’. 12
SEC. 214. PROTECTION OF FEDERAL LAND; RULES AND 13
REGULATIONS. 14
(a) I
NGENERAL.—Any person who violates the Fed-15
eral Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 16
136, et seq.) in connection with the illegal cultivation of 17
cannabis on Federal land shall be subject to a fine of not 18
more than $250,000 or imprisonment for not more than 19
20 years, or both. 20
(b) C
LARIFICATION.—Penalties under subsection (a) 21
shall be in addition to applicable penalties under any other 22
Federal or State law. 23
(c) F
EDERALLANDDEFINED.—In this section, the 24
term ‘‘Federal land’’ means any Federal land or an inter-25
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est in land administered by the Secretary of the Interior 1
acting through— 2
(1) the Bureau of Indian Affairs (except land 3
held in trust by the Secretary for the benefit of an 4
Indian Tribe); 5
(2) the Bureau of Land Management; 6
(3) the National Park Service; or 7
(4) the United States Fish and Wildlife Service. 8
Subtitle C—Ending Major Border 9
Land Environmental Ruin From 10
Wildfires 11
SEC. 221. SOUTHERN BORDER FUELS MANAGEMENT INITIA-12
TIVE. 13
(a) E
STABLISHMENT.—Not later than 1 year after 14
the date of the enactment of this Act, the Secretary of 15
the Interior shall establish a program to be known as the 16
‘‘Southern Border Fuels Management Initiative’’ (in this 17
section referred to as the ‘‘Initiative’’). 18
(b) P
URPOSE.— The purpose of the Initiative is to 19
carry out vegetation management activities along the 20
southern border in order to— 21
(1) reduce the risk of catastrophic wildfire 22
along the southern border and improve landscape re-23
silience; 24
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(2) improve operational control of the southern 1
border; and 2
(3) improve visibility and sight lines along the 3
southern border to increase safety for law enforce-4
ment. 5
(c) A
CTIVITIES.—In carrying out the Initiative, the 6
Secretary shall— 7
(1) reduce hazardous fuels along the southern 8
border; 9
(2) address invasive or non-native species along 10
the southern border that contribute to wildfire risk 11
or decrease operation efficiency of border patrol op-12
erations; 13
(3) install fuel breaks along the southern bor-14
der; 15
(4) set targets for acres to treat under the pro-16
gram for each fiscal year; and 17
(5) prioritize fuels management on covered 18
Federal lands on which navigable roads are con-19
structed under section 101. 20
(d) C
OORDINATION.—In carrying out the Initiative, 21
the Secretary shall coordinate and may enter into memo-22
randums of understanding with the Forest Service, U.S. 23
Border Patrol, and State, local, or Tribal law enforcement 24
agencies. 25
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(e) AUTHORIZATION OF APPROPRIATIONS.—There is 1
authorized to be appropriated to the Secretary of the Inte-2
rior to carry out this section $3,660,000 for each of fiscal 3
years 2026 through 2032. 4
(f) T
ERMINATION.—The Initiative shall terminate 7 5
years after the date of the enactment of this Act. 6
SEC. 222. MITIGATING ENVIRONMENTAL DEGRADATION 7
AND WILDLAND FIRES CAUSED BY ILLEGAL 8
IMMIGRATION. 9
(a) I
NGENERAL.—Not later than 90 days after the 10
date of the enactment of this Act, the Secretary concerned, 11
in coordination with the Secretary of Homeland Security, 12
shall establish and implement policies and protocols to 13
mitigate, avoid, or prevent— 14
(1) wildland fires ignited by aliens without law-15
ful immigration status; and 16
(2) environmental degradation on covered Fed-17
eral lands caused by aliens without lawful immigra-18
tion status crossing the southern border. 19
(b) P
ROTOCOLS.—In developing the protocols under 20
subsection (a), the Secretary concerned shall consider poli-21
cies to— 22
(1) reduce trash accumulation along the south-23
ern border, particularly in ecologically sensitive 24
areas; 25
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(2) prevent the ignition of wildland fires by 1
aliens without lawful immigration status, particu-2
larly in where there is a risk of— 3
(A) loss of life or property; 4
(B) damage to critical wildlife habitat; 5
(C) damage to public infrastructure; and 6
(D) degradation of watersheds or public 7
water sources; 8
(3) address the destruction of sensitive natural 9
and archeological resources; and 10
(4) address the destruction of wildlife habitat. 11
(c) R
EPORT TOCONGRESS.—Not later than 1 year 12
after the date of the enactment of this Act, the Secretary 13
concerned shall submit to the appropriate congressional 14
committees a report that includes— 15
(1) a description of the policies and protocols 16
established under subsection (a); 17
(2) a catalog of all reported incidents of envi-18
ronmental degradation and wildland fires ignited by 19
aliens without lawful immigration status, includ-20
ing— 21
(A) the number of acres burned and total 22
number of fires ignited; 23
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(B) a description of each incident of envi-1
ronmental degradation and the total number of 2
such incidents; 3
(C) the estimated cost of cleaning up or re-4
mediating such environmental degradation; 5
(D) the number of such aliens connected to 6
each fire and whether or not they were appre-7
hended; and 8
(E) the area in which incidents of environ-9
mental degradation occurred, including areas 10
congressionally designated for the protection of 11
natural resources; and 12
(3) additional resources or authorities necessary 13
to mitigate, avoid, or prevent wildland fires and en-14
vironmental degradation caused by aliens without 15
lawful immigration status crossing the southern bor-16
der. 17
(d) U
PDATEDREPORT.— 18
(1) I
N GENERAL.—Not later than 2 years after 19
the date of the enactment of this Act, the Comp-20
troller General of the United States shall update its 21
November 2011 report entitled ‘‘Federal Agencies 22
Could Better Utilize Law Enforcement Resources in 23
Support of Wildland Fire Management Activities’’. 24
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(2) ADDITIONAL STATES CONSIDERED .—In up-1
dating the report under paragraph (1), the Comp-2
troller General shall include information on each 3
Border State. 4
TITLE III—PROTECTING OUR 5
COMMUNITIES FROM FAIL-6
URE TO SECURE THE BORDER 7
SEC. 301. DEFINITIONS. 8
In this title: 9
(1) F
EDERAL LAND MANAGEMENT AGENCIES .— 10
The term ‘‘Federal land management agencies’’ 11
means— 12
(A) the National Park Service; 13
(B) the Bureau of Land Management; 14
(C) the United States Fish and Wildlife 15
Service; and 16
(D) the Forest Service. 17
(2) H
OUSING.—The term ‘‘housing’’ means a 18
temporary or permanent encampment used for the 19
primary purpose of sheltering specified aliens. 20
(3) S
PECIFIED ALIEN.—The term ‘‘specified 21
alien’’ means an alien who has not been admitted, 22
as such terms are defined in section 101(a) of the 23
Immigration and Nationality Act (8 U.S.C. 24
1101(a)). 25
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SEC. 302. PROHIBITION ON PROVIDING HOUSING TO SPECI-1
FIED ALIENS. 2
(a) I
NGENERAL.—No Federal funds may be used 3
to provide housing to specified aliens on any land under 4
the administrative jurisdiction of the Federal land man-5
agement agencies, including through leases, contracts, or 6
agreements. 7
(b) R
EVOCATION OFLEASE.—The lease between the 8
United States of America—United States Department of 9
the Interior—National Park Service and the City of New 10
York for the Premises known as Portions of Floyd Ben-11
nett Field, in the Jamaica Bay Unit of Gateway National 12
Recreation Area (NPS Lease #L–GATE912–2023, Com-13
mencement Date—September 15, 2023) and the amend-14
ment to the lease dated September 13, 2024, are hereby 15
revoked, and a renewal or extension of the lease or a sub-16
sequent lease that is substantially similar and affects any 17
portion or portions of Floyd Bennett Field is— 18
(1) revoked if entered into before the date of 19
the enactment of this Act; and 20
(2) prohibited after the date of the enactment 21
of this Act. 22
SEC. 303. REPORT. 23
The Secretary of the Interior and the Secretary of 24
Agriculture shall jointly submit to the appropriate con-25
gressional committees an annual report that includes— 26
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•HR 1820 IH
(1) the number of specified aliens that have 1
been provided housing on any land under the admin-2
istrative jurisdiction of the Federal land manage-3
ment agencies; and 4
(2) information regarding the countries of ori-5
gin of such specified aliens. 6
Æ
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