This Land Is Our Land Act

I 116TH CONGRESS 1ST SESSION H. R. 365 To prohibit the construction of new border barriers, including walls or fences, on certain Federal land, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 9, 2019 Mr. ESPAILLAT (for himself, Mr. GONZALEZ of Texas, and Mr. GARAMENDI) introduced the following bill; which was referred to the Committee on Homeland Security A BILL To prohibit the construction of new border barriers, including walls or fences, on certain Federal land, and for other purposes. 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 ‘‘This Land Is Our 4 Land Act’’. 5 SEC. 2. PROHIBITION ON THE CONSTRUCTION OF NEW 6 BORDER BARRIERS, INCLUDING WALLS OR 7 FENCES, ON CERTAIN FEDERAL LAND. 8 (a) PROHIBITION.— 9 VerDate Sep 11 2014 02:18 Jan 19, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H365.IH H365 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 365 IH (1) IN GENERAL.—Notwithstanding any other 1 provision of law, including the waiver provision pro- 2 vided under section 102(c)(1) of the Illegal Immigra- 3 tion Reform and Immigrant Responsibility Act of 4 1996 (8 U.S.C. 1103 note; Public Law 104–208) 5 (including any waivers of laws issued pursuant to 6 such provision on, before, or after the date of the en- 7 actment of this Act), the Secretary of Homeland Se- 8 curity may not construct any new border barriers, 9 including walls or fences, on Federal land under the 10 jurisdiction of the Secretary of the Interior or the 11 Secretary of Agriculture within 100 miles of the 12 international land borders of the United States that 13 are not in existence as of the date of the enactment 14 of this Act. 15 (2) RULE OF CONSTRUCTION.—The prohibition 16 under paragraph (1) may not be construed to pro- 17 hibit the maintenance or repair by the Secretary of 18 Homeland Security of any border barriers, including 19 walls or fences, on Federal land under the jurisdic- 20 tion of the Secretary of the Interior or the Secretary 21 of Agriculture within 100 miles of the international 22 land borders of the United States that are in exist- 23 ence as of the date of the enactment of this Act. 24 (b) WITHHOLDING OF CERTAIN FUNDING.— 25 VerDate Sep 11 2014 02:18 Jan 19, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H365.IH H365 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 365 IH (1) IN GENERAL.—Notwithstanding any other 1 provision of law, the Secretary of Homeland Security 2 may not obligate or expend any funds appropriated 3 or otherwise made available (including through fees) 4 to the Secretary to construct any new border bar- 5 riers, including walls or fences, on Federal land 6 under the jurisdiction of the Secretary of the Inte- 7 rior or the Secretary of Agriculture within 100 miles 8 of the international land borders of the United 9 States that are not in existence as of the date of the 10 enactment of this Act. 11 (2) RULE OF CONSTRUCTION.—The prohibition 12 under paragraph (1) may not be construed to pro- 13 hibit the obligation or expenditure of funds described 14 in such paragraph for the maintenance or repair by 15 the Secretary of Homeland Security of any border 16 barriers, including walls or fences, on Federal land 17 under the jurisdiction of the Secretary of the Inte- 18 rior or the Secretary of Agriculture within 100 miles 19 of the international land borders of the United 20 States that are in existence as of the date of the en- 21 actment of this Act. 22 (c) NATIONAL EMERGENCIES.—The President may 23 not obligate or expend funds to construct any new border 24 barrier, including walls or fences along the border between 25 VerDate Sep 11 2014 02:18 Jan 19, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H365.IH H365 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 365 IH the United States and Mexico pursuant to a declaration 1 of a national emergency pursuant to any provision of law, 2 including section 2808 of title 10, United States Code, the 3 National Emergencies Act, or the Immigration and Na- 4 tionality Act. 5 (d) EMINENT DOMAIN.—Any authorization to exer- 6 cise, in the name of the United States, the right of emi- 7 nent domain, shall have no force or effect to the extent 8 that the purpose of such exercise is to construct any new 9 border barriers, including walls or fences, on Federal land 10 under the jurisdiction of the Secretary of the Interior or 11 the Secretary of Agriculture within 100 miles of the inter- 12 national land borders of the United States. 13 (e) EFFECT ON STATE AND PRIVATE LAND.—This 14 Act shall— 15 (1) have no force or effect on State or private 16 lands; and 17 (2) not provide authority on or access to State 18 or private lands. 19 (f) TRIBAL SOVEREIGNTY.—Nothing in this Act su- 20 persedes, replaces, negates, or diminishes treaties or other 21 agreements between the United States and Indian tribes. 22 Æ VerDate Sep 11 2014 02:18 Jan 19, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H365.IH H365 pamtmann on DSKBFK8HB2PROD with BILLS