FLASH Act
- Bill Number
- H.R. 1820
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Public Lands and Natural Resources
- Status
- Introduced
- Latest Action
- 2025-03-11: Subcommittee Hearings Held
- Last Updated
- 2026-04-08T14:09:48Z
AI-Generated Summary
Purpose of the Legislation
The Federal Lands Amplified Security for the Homeland Act (H.R. 1820), or "FLASH Act," aims to tackle public safety risks and environmental damage on federal lands along the U.S.-Mexico border. It seeks to strengthen border security by building roads and improving access for U.S. Customs and Border Protection (CBP), allowing states to install temporary barriers, cleaning up trash and illegal cannabis operations, reducing wildfires linked to unauthorized crossings, and banning the use of federal lands for housing migrants without legal status.
Key Provisions
The bill is organized into three main titles, with supporting definitions and a savings clause that preserves legal uses of federal lands (like grazing or recreation), respects state and private property, protects tribal sovereignty, and does not hinder immigration detentions.
Title I: Securing Federal Border Lands
- Navigable Roads (Sec. 101): Requires the Secretaries of Interior and Agriculture (in coordination with Homeland Security) to inventory existing roads and build at least 584 miles of new "navigable roads" (vehicle-accessible paths up to 10 miles from the border) on federal lands adjacent to the border. These must be completed within 5 years to aid CBP enforcement, deter illegal crossings, and achieve "operational control" (effective monitoring and prevention of unauthorized entries). Roads will include fencing, surveillance tech, and access for law enforcement and emergency personnel. Compliance with the National Environmental Policy Act (NEPA, which requires environmental impact assessments) is mandated.
- CBP Access to Wilderness Areas (Sec. 102): Amends the Wilderness Act to allow CBP broad access in wilderness zones (undeveloped areas protected from human impact) for border security, including vehicles, aircraft, patrols, infrastructure, and barriers, while minimizing damage to the area's natural character.
- Temporary State Barriers (Sec. 103): Border states (Arizona, California, New Mexico, Texas) can place movable, temporary structures (e.g., barriers) on federal lands without a permit if they notify the relevant secretary 45 days in advance. Placements last up to 1 year, with 90-day extensions if CBP deems operational control unachieved.
- Prohibition on Impediments (Sec. 104): Bars the Secretaries of Interior and Agriculture from blocking CBP activities within 100 miles of the border, including searches and preventing unlawful entries (e.g., by terrorists or smugglers).
- Interagency Agreement (Sec. 105): Mandates a cooperative agreement between Interior/Agriculture and Homeland Security, building on a 2006 memorandum for joint security efforts on federal border lands.
Title II: Ending Environmental Destruction on Public Lands
- Subtitle A: Trash Reduction (Secs. 201–204): Defines "waste" as unauthorized trash. Requires policies within 90 days to prevent degradation from unauthorized border crossers, focusing on trash in sensitive areas, habitat protection, and resource damage. Annual reports to Congress detail waste amounts, costs, impacted habitats, unauthorized trails, and fire incidents, with input from states, nonprofits, and volunteers. Increases penalties (up to double existing fines or 1 year imprisonment/$250,000) for violations of fire/sanitation rules by unauthorized aliens, with enforcement reports.
- Subtitle B: Illegal Contaminants (Secs. 211–214):
- Establishes "Trespass Cannabis Cultivation Site Response Initiatives" for each department (Interior and Agriculture) to detect, assess, and clean up hazardous substances (e.g., banned pesticides, refuse) from illegal cannabis grows on federal lands. Allows partnerships with states, tribes, locals, and nonprofits; creates dedicated Treasury accounts funded by appropriations ($16 million/year, 2026–2032) and recoveries from trespassers. Does not alter cleanup standards under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, a law for hazardous waste cleanup).
- Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA, regulating pesticides) to add up to 10 years imprisonment for violations during federal crimes (e.g., trespass).
- Updates the Organic Act of 1897 (governing national forests) and adds rules for other federal lands, imposing fines up to $250,000 or 20 years imprisonment for illegal cannabis cultivation using non-compliant pesticides.
- Subtitle C: Wildfire Mitigation (Secs. 221–222):
- Creates the "Southern Border Fuels Management Initiative" (Interior-led, $3.66 million/year, 2026–2032) for vegetation clearing, invasive species removal, and fuel breaks along the border to reduce fire risks, improve visibility for patrols, and enhance resilience. Coordinates with Forest Service, CBP, and local/tribal agencies; ends after 7 years.
- Requires protocols within 90 days to prevent fires and degradation from unauthorized crossers, with a 1-year congressional report on incidents, costs, and needs. Directs a Government Accountability Office update on federal fire management, including border states.
Title III: Protecting Communities from Failure to Secure the Border
- Prohibition on Migrant Housing (Sec. 302): Bans use of federal funds for housing "specified aliens" (undocumented migrants) on lands managed by the National Park Service, Bureau of Land Management, U.S. Fish and Wildlife Service, or Forest Service. Revokes a specific 2023 lease (and 2024 amendment) for New York City's use of Floyd Bennett Field in Gateway National Recreation Area for migrant sheltering; prohibits similar future uses.
- Reporting (Sec. 303): Annual joint report from Interior and Agriculture secretaries to Congress on housed migrants and their countries of origin.
Significant Changes to Existing Law
- Wilderness Act Amendment: Newly permits CBP motorized and infrastructure activities in protected wilderness areas, overriding prior restrictions on human impact (previously, wilderness areas limited vehicles and development to preserve natural conditions).
- FIFRA and Organic Act Updates: Introduces harsher penalties for pesticide misuse tied to illegal activities (e.g., 10–20 years imprisonment), escalating beyond current fines/jail terms; adds specific cannabis cultivation prohibitions.
- New Programs and Accounts: Establishes dedicated initiatives, protocols, and funding accounts for cannabis cleanup and fuels management, not previously specified in law; mandates NEPA compliance but streamlines state barrier placements.
- Housing Ban: Explicitly revokes and prohibits specific migrant housing leases, adding a funding restriction absent in prior statutes.
Potential Impacts
- Government Agencies: Increases workload and coordination for Departments of Interior, Agriculture, and Homeland Security, including road-building, cleanups, and reporting (with $20+ million annual authorizations). Enhances CBP operational efficiency but may strain resources in wilderness/wildfire management. Promotes interagency pacts, potentially reducing overlaps in border enforcement.
- Citizens: Border communities may see improved safety from reduced crossings, trash, fires, and illegal grows, benefiting local environments and economies (e.g., via habitat restoration). However, road construction and barriers could limit recreation or access in some areas, though legal uses are protected.
- International Relations: Strengthens U.S.-Mexico border security, possibly straining bilateral ties if perceived as militarizing the border; no direct impact on trade or diplomacy, but could indirectly affect migration flows.
Main Stakeholders Affected
- Federal Agencies: Departments of Interior (e.g., National Park Service, Bureau of Land Management), Agriculture (Forest Service), and Homeland Security (CBP); they gain authority/tools but face new mandates and funding dependencies.
- Border States and Locals: Arizona, California, New Mexico, Texas benefit from barrier options and reduced environmental burdens; local law enforcement gains road access.
- Indian Tribes: Excluded from "covered federal lands" (trust lands untouched), preserving sovereignty.
- Environmental and Nonprofit Groups: Involved in cleanups and reporting; may support habitat protections but oppose wilderness intrusions.
- Undocumented Migrants: Face heightened enforcement, penalties, and housing bans on federal lands.
- General Public: Taxpayers fund initiatives; border residents and visitors affected by security/environmental changes.
Notable Legal, Constitutional, or Political Implications
- Legal: Balances security with environmental laws (e.g., NEPA/CERCLA compliance required), but expands exceptions in protected areas like wilderness, potentially inviting lawsuits over habitat disruption or pesticide rules. Increases penalties under existing statutes, clarifying enforcement for border-specific crimes without creating new offenses.
- Constitutional: Upholds tribal treaty rights via savings clause; aligns with federal authority over public lands and immigration (Article I, Section 8), but state barrier provisions enhance federalism. No direct free speech or due process issues, though privacy protections apply to volunteer data.
- Political: Emphasizes border security and environmental stewardship amid immigration debates, likely appealing to security-focused lawmakers while addressing ecological concerns. Could polarize views on federal land use, with implications for future budgets and enforcement priorities; revocation of specific leases highlights targeted policy reversals.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (23)
Rep. Westerman, Bruce [R-AR-4], Rep. Tiffany, Thomas P. [R-WI-7], Rep. Fulcher, Russ [R-ID-1], Rep. Rouzer, David [R-NC-7], Rep. Carter, Earl L. "Buddy" [R-GA-1], Rep. Crenshaw, Dan [R-TX-2], Rep. Tenney, Claudia [R-NY-24], Rep. Malliotakis, Nicole [R-NY-11], Rep. Kiggans, Jennifer A. [R-VA-2], Rep. Bentz, Cliff [R-OR-2], Rep. Fleischmann, Charles J. "Chuck" [R-TN-3], Rep. Amodei, Mark E. [R-NV-2], Rep. Edwards, Chuck [R-NC-11], Rep. Bilirakis, Gus M. [R-FL-12], Rep. Bacon, Don [R-NE-2], Rep. Steil, Bryan [R-WI-1], Rep. Hill, J. French [R-AR-2], Rep. Gosar, Paul A. [R-AZ-9], Rep. Stauber, Pete [R-MN-8], Rep. Hageman, Harriet M. [R-WY-At Large], Rep. Lawler, Michael [R-NY-17], Rep. Collins, Mike [R-GA-10], Rep. Stefanik, Elise M. [R-NY-21]
Recent Actions
- 2025-03-11: Subcommittee Hearings Held
- 2025-03-05: Referred to the Subcommittee on Federal Lands.
- 2025-03-04: Referred to the Subcommittee on Border Security and Enforcement.
- 2025-03-04: 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 concerned.
- 2025-03-04: 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 concerned.
- 2025-03-04: 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 concerned.
- 2025-03-04: 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 concerned.
- 2025-03-04: Introduced in House
- 2025-03-04: Introduced in House
Bill Versions
- Federal Lands Amplified Security for the Homeland Act — issued 2025-03-04 — PDF (42 pages)