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National Security and Federal Lands Protection Act
12/31/2022, 5:36 AM
Summary of Bill HR 5399
The bill aims to enhance the ability of the Department of Homeland Security (DHS) to secure federal lands along the US border with Mexico. It seeks to provide DHS with greater authority to access and patrol federal lands in order to prevent illegal border crossings and other security threats.
Specifically, the bill would waive certain environmental laws and regulations that currently restrict DHS activities on federal lands. This includes laws such as the National Environmental Policy Act, the Endangered Species Act, and the Wilderness Act. By waiving these laws, DHS would have more flexibility to deploy personnel, construct infrastructure, and conduct surveillance on federal lands. Supporters of the bill argue that these measures are necessary to protect national security and prevent illegal activities along the border. They believe that current environmental laws hinder DHS efforts to secure the border and that waiving these laws is a necessary step to address these challenges. Opponents of the bill, however, raise concerns about the potential impact on the environment and wildlife in federal lands. They argue that waiving environmental laws could lead to damage to sensitive ecosystems and endangered species. They also question the need for such drastic measures, suggesting that alternative solutions should be explored. Overall, Bill 117 hr 5399 is a controversial piece of legislation that seeks to balance national security concerns with environmental protection. It remains to be seen how this bill will progress in Congress and what implications it may have for federal lands and border security.
Congressional Summary of HR 5399
National Security and Federal Lands Protection Act
This bill prohibits the Department of the Interior and the Department of Agriculture from restricting certain U.S. Customs and Border Protection (CBP) activities pertaining to border enforcement and addresses related issues.
Specifically, neither department may impose restrictions on CBP actions taking place on federal land under their respective jurisdictions and located within 100 miles of an international border if the CBP actions involve search and rescue operations and the prevention of all unlawful entries into the United States. CBP shall have immediate access to such federal lands to conduct various activities, including the installation and maintenance of roads, barriers, and surveillance equipment.
Furthermore, the Department of Homeland Security (DHS) may waive the application of certain legal requirements on such federal lands if DHS determines that the waiver is necessary to ensure the expeditious construction of border barriers and roads. DHS may waive only specified laws, including the National Environmental Policy Act of 1969, the National Historic Preservation Act, and certain provisions of the Administrative Procedure Act.





