FACE Act

II 116TH CONGRESS 1ST SESSION S. 263 To ensure the receipt of required compensation before physical possession by the Federal Government of any land subject to the use of eminent domain for the construction of United States border infrastructure and to provide for a consultation process prior to acquiring land for border infrastructure. IN THE SENATE OF THE UNITED STATES JANUARY 29, 2019 Mr. HEINRICH (for himself, Ms. HARRIS, Mrs. FEINSTEIN, and Mr. UDALL) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To ensure the receipt of required compensation before phys- ical possession by the Federal Government of any land subject to the use of eminent domain for the construction of United States border infrastructure and to provide for a consultation process prior to acquiring land for border infrastructure. 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 ‘‘Full Fair and Com- 4 plete Exchange Act’’ or the ‘‘FACE Act’’. 5 VerDate Sep 11 2014 05:04 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S263.IS S263 kjohnson on DSK79L0C42 with BILLS 2 •S 263 IS SEC. 2. RECEIPT OF COMPENSATION REQUIRED FOR USE 1 OF EMINENT DOMAIN FOR CONSTRUCTION 2 OF BORDER INFRASTRUCTURE. 3 Notwithstanding section 3114 of title 40, United 4 States Code, or section 102 of the Illegal Immigration Re- 5 form and Immigrant Responsibility Act of 1996 (8 U.S.C. 6 1103 note; Public Law 104–208) the Federal Government 7 shall not take physical possession of any land acquired, 8 or proposed to be acquired, pursuant to those sections for 9 the construction of any infrastructure (including a pedes- 10 trian fence, vehicle barrier, levee, gate, wall, fence, road, 11 or port of entry) at the international border between the 12 United States and Mexico until the date on which the ap- 13 plicable court determines that— 14 (1) in the case of private land— 15 (A) all persons or entities entitled to com- 16 pensation for the acquisition have received the 17 entire full fair market value amount of com- 18 pensation due on the date of acquisition of the 19 private land; and 20 (B) all relevant court proceedings de- 21 scribed in section 3114(a) of title 40, United 22 States Code, have been— 23 (i) completed; and 24 (ii) terminated by the court; 25 VerDate Sep 11 2014 05:04 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S263.IS S263 kjohnson on DSK79L0C42 with BILLS 3 •S 263 IS (2) in the case of State land (including State 1 land in the vicinity of a unit of the National Wildlife 2 Refuge System, a unit of the National Park System, 3 or Tribal land or in the vicinity of a historic district 4 or a State park)— 5 (A) the requirements of subparagraphs (A) 6 and (B) of paragraph (1) have been met; and 7 (B) all relevant stakeholders have been 8 consulted on the acquisition, including— 9 (i) any State agencies that manage 10 the State land; 11 (ii) any State agencies that administer 12 the use of resources on the State land; 13 (iii) any permittees, leaseholders, and 14 other users of the State land; and 15 (iv) any individuals, communities, and 16 Tribes that could be impacted by the con- 17 struction of the structure on the State 18 land, as determined by the Secretary; and 19 (3) in the case of Tribal land— 20 (A) the requirements of subparagraphs (A) 21 and (B) of paragraph (1) have been met; and 22 (B) all relevant Tribal stakeholders have 23 been consulted and have approved the acquisi- 24 tion. 25 VerDate Sep 11 2014 05:04 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S263.IS S263 kjohnson on DSK79L0C42 with BILLS 4 •S 263 IS SEC. 3. CONSULTATION REQUIRED PRIOR TO ACQUISITION 1 OF LAND FOR CONSTRUCTION OF BORDER 2 INFRASTRUCTURE. 3 (a) IN GENERAL.—Before implementing any plan to 4 acquire private land, State land, or Tribal land on which 5 the Secretary of Homeland Security (referred to in this 6 section as the ‘‘Secretary’’) intends to build or construct 7 a temporary or permanent structure related to efforts to 8 secure or protect the border between the United States 9 and Mexico, the Secretary shall conduct meaningful and 10 significant consultation with— 11 (1) any owners of the parcels of land proposed 12 to be acquired; 13 (2) any State agencies that manage the applica- 14 ble land; 15 (3) any other State agencies that administer 16 the use of resources on the applicable land; 17 (4) any permittees, leaseholders, and other 18 users of the applicable land; and 19 (5) any individuals, communities, or Tribes that 20 could be impacted by the construction of the struc- 21 ture on the applicable land, as determined by the 22 Secretary. 23 (b) PUBLIC MEETINGS.—The Secretary shall conduct 24 2 public meetings located within 100 miles of each parcel 25 of private land, State land, or Tribal land subject to poten- 26 VerDate Sep 11 2014 05:04 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S263.IS S263 kjohnson on DSK79L0C42 with BILLS 5 •S 263 IS tial acquisition under subsection (a), subject to the re- 1 quirements that— 2 (1) the first public meeting shall be conducted 3 at the beginning of the consultation process under 4 subsection (a)— 5 (A) to inform any landowner or entity, as 6 described in subsection (a)(1), of the intent of 7 the Secretary to acquire the land from the land- 8 owner; and 9 (B) to receive comments and input regard- 10 ing the proposed acquisition; and 11 (2) the second public meeting shall be con- 12 ducted at the end of the consultation process under 13 subsection (a) to inform any landowner or entity, as 14 described in subsection (a)(1), of— 15 (A) the decision of the Secretary relating 16 to the proposed acquisition; and 17 (B)(i) any changes to the acquisition plan 18 to address issues raised during the consultation 19 process; or 20 (ii) any reasons for not making changes to 21 the acquisition plan to address issues raised 22 during the consultation process. 23 VerDate Sep 11 2014 05:04 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S263.IS S263 kjohnson on DSK79L0C42 with BILLS 6 •S 263 IS (c) FINAL PLANS; TRANSPARENCY.—Before begin- 1 ning construction of a temporary or permanent structure 2 described in subsection (a), the Secretary shall— 3 (1) give significant weight to the opinions and 4 information presented to the Secretary during the 5 consultation process conducted under that sub- 6 section; and 7 (2) publish in the Federal Register information 8 describing— 9 (A) ways in which the final plan of the 10 Secretary for acquiring the land or constructing 11 the structure was modified as a result of the 12 consultation process conducted under that sub- 13 section; and 14 (B) ways in which the final plan of the 15 Secretary for acquiring the land or constructing 16 the structure was not modified as a result of 17 valid concerns raised to the proposed modifica- 18 tions during the consultation process conducted 19 under that subsection. 20 Æ VerDate Sep 11 2014 05:04 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S263.IS S263 kjohnson on DSK79L0C42 with BILLS