The House of Representatives just passed HR 2578, an omnibus piece of legislation including HR 1505, the National Security and Federal Lands Protection Act. The final vote was 232-188, with most Democrats opposed and most Republicans in favor. The roll call vote tally is here.
This sneakily named bill gives the Secretary of Homeland Security authority to manage federal lands within 100 miles of both the U.S.-Canada border and the U.S.-Mexico border. This power is an expansion of Section 102 of the Real ID Act, passed in 2005, which gives the DHS Secretary authority to waive any federal laws during the construction of border enforcement structures, including the border wall. Because of that act, all major pieces of environmental legislation, including the Clean Air Act, the Clean Water Act, the National Environmental Policy Act (which mandates review of all environmental projects) and the Endangered Species Act have been waived during border wall construction and other border enforcement activities. Perhaps most insidiously, the law explicitly states that DHS waivers cannot be subjected to judicial review.
HR 2578 would extend essentially the same powers to all federal lands within 100 miles of either U.S. land border. It prohibits the Secretary of the Interior (responsible for National Parks and Bureau of Land Management Land) and the Secretary of Agriculture (National Forests) from interfering with Customs and Border Protection activities within this 100-mile area.
Let me say that again, really clearly. This law gives the Secretary of Homeland Security the authority to waive all environmental legislation within 100 miles of U.S. land borders.
Apparently, it’s not good enough that our border enforcement is killing hundreds of people every year. We also have to make sure that things like preserving wilderness areas don’t interfere with catching and deporting people trying to make it to the U.S. And lest you think this is about border security–the Department of Homeland Security and the Border Patrol have stated that this law is unnecessary for border security. The current system of interagency land management is working just fine for them.
The Senate still has to vote on this (it’s S.803, introduced by Arizona Senators Jon Kyl and John McCain). You can read up on the bill here, get the Sky Island Alliance’s talking points here (PDF), and go hereto take action and contact your Representatives and Senators.