Border Lands Conservation Act

Bill Number

S. 2967

Origin Chamber

Senate

Congress

119th Congress, Session 1

Policy Area

Public Lands and Natural Resources

Status

Introduced

Latest Action

2025-10-22: Star Print ordered on the bill.

Last Updated

2026-03-24T12:48:03Z

AI-Generated Summary

Purpose of the Legislation

The Border Lands Conservation Act aims to improve the management of federal lands along the U.S. southern border (with Mexico) and northern border (with Canada) by federal land agencies. It focuses on enhancing border security, deterring illegal crossings, reducing environmental damage from unauthorized activities, and promoting cooperation between agencies while maintaining legal uses of the land.

Key Provisions

• Definitions (Section 2): Establishes terms like "covered Federal land" (U.S.-owned land administered by federal agencies near the borders, excluding tribal trust lands), "operational control" (effective prevention of illegal entry, as defined in existing law), "tactical infrastructure" (tools like sensors, barriers, and roads for detecting crossings), and "Secretaries" (referring to the Secretary of the Interior and Secretary of Agriculture).

• Navigable Road Infrastructure (Section 3): Requires the Secretaries, in consultation with the Department of Homeland Security (DHS), to inventory existing roads and build new ones on covered federal land to deter illegal crossings, achieve operational control, and improve DHS access. Roads must be maintained and made available to DHS, the Department of Defense, local law enforcement, and emergency personnel. Cooperative agreements with DHS are mandated for installing detection technology.

• Access to Wilderness Areas (Section 4): Amends the Wilderness Act (a 1964 law protecting undeveloped federal lands) to allow DHS to perform security activities in wilderness areas, including building access structures, using vehicles or aircraft, conducting patrols, deploying tactical infrastructure, and constructing roads or barriers, without overriding other wilderness protections.

• Search and Rescue Operations (Section 5): Prohibits the Secretaries of the Interior or Agriculture from blocking DHS activities on covered federal land within 100 miles of the borders, specifically for search and rescue or preventing unlawful entries by people (including terrorists) or items like drugs and weapons.

• Interagency Cooperative Agreement (Section 6): Requires the Secretaries to formalize cooperation with DHS under a 2006 memorandum of understanding (or its successor) on security efforts on federal border lands.

• Inventory of Roads and Trails (Section 7): Mandates an inventory within one year of enactment of unauthorized roads and trails created by illegal crossings. Within two years after, the Secretaries must assess damage and, if significant environmental harm is found, enter agreements with DHS to repurpose these for security purposes.

• Border Fuels Management Initiative (Section 8): Establishes a program within one year to reduce wildfire risks on covered federal land by clearing hazardous fuels, removing invasive species, creating fuel breaks (barriers to slow fire spread), and setting annual treatment targets. Prioritizes areas with new roads and coordinates with DHS, U.S. Border Patrol, and state, local, or tribal law enforcement.

• Reports on Environmental Degradation and Fires (Section 9): Requires multiple reports within one year to Congress, including:
• Catalogs of incidents (e.g., fires, trash, damage) caused by undocumented immigrants on federal lands, national parks, and wildlife refuges, with details on acres affected, costs, apprehensions, and locations.
• Needs for resources to prevent such issues.
• An updated Government Accountability Office (GAO) report on fire management in border areas, expanded to all border states.
• A GAO report on illegal immigration's effects on ranching and compensation for affected grazing permit holders.

• Prohibition on Housing (Section 10): Bans using federal funds to provide housing (via leases or contracts) to undocumented immigrants on federal lands managed by land agencies, except for facilities used solely for detention or processing.

• Savings Clause (Section 11): Ensures the Act does not restrict legal activities like grazing, logging, mining, or recreation on covered lands; does not affect state or private property; and preserves tribal sovereignty and treaties.

Significant Changes to Existing Law

• Amendment to the Wilderness Act: Adds a new subsection allowing DHS broad access and construction rights in wilderness areas for border security, overriding some prior restrictions on motorized use, aircraft, and development in these protected zones (previously, wilderness areas limited human impact to preserve natural conditions).
• New Mandates for Agency Cooperation: Formalizes and expands interagency agreements, inventories, and initiatives not previously required by law, shifting federal land management toward prioritizing security alongside conservation.
• Reporting Requirements: Introduces detailed congressional reporting on immigration-related environmental impacts, including GAO updates, which build on but expand a 2011 report focused only on Arizona.

Potential Impacts

• Government Agencies: Increases workload and coordination for the Departments of the Interior (e.g., Bureau of Land Management, National Park Service, Fish and Wildlife Service) and Agriculture (e.g., Forest Service) in building infrastructure, managing fuels, and reporting. DHS gains easier access and tools, potentially improving enforcement efficiency but requiring shared resources.
• Citizens: Enhances border security and emergency response, which may benefit residents in border states through reduced illegal crossings and environmental cleanup. However, it could temporarily limit recreation or access in some areas during construction. Ranchers may receive compensation recommendations for immigration-related damages, supporting local economies.
• International Relations: Strengthens U.S. border control with Mexico and Canada, potentially reducing cross-border incidents like drug trafficking, but could strain relations if seen as militarizing shared ecosystems without direct bilateral input.

Main Stakeholders Affected

• Federal Agencies: Departments of Interior, Agriculture, Homeland Security, and Defense; National Park Service; U.S. Fish and Wildlife Service; U.S. Border Patrol.
• State and Local Governments: Border states (e.g., California, Arizona, New Mexico, Texas for southern; Washington, Idaho, etc., for northern) and their law enforcement, which gain road access but may face indirect environmental or security burdens.
• Tribal Nations: Protected from land inclusion but potentially impacted by nearby activities; sovereignty is explicitly preserved.
• Private Citizens and Industries: Ranchers and grazing permit holders (affected by immigration damage); recreational users, miners, loggers (assured continued access); environmental groups (concerned with wilderness changes).
• Undocumented Immigrants and Law Enforcement: Directly targeted through enhanced deterrence and reporting.

Notable Legal, Constitutional, or Political Implications

• Legal Implications: The Wilderness Act amendment could lead to challenges under environmental laws (e.g., National Environmental Policy Act, requiring impact assessments) by allowing exceptions to "leave no trace" principles in protected areas. The savings clause protects against broader property rights claims but may invite lawsuits over implementation details.
• Constitutional Implications: Balances federal authority over public lands (under the Property Clause of the Constitution) with security needs, without directly addressing free movement or due process for non-citizens. Excludes tribal lands, upholding trust responsibilities.
• Political Implications: Emphasizes immigration enforcement and conservation linkage, potentially polarizing debates on border policy; requires congressional oversight via reports, influencing future funding and legislation without altering core immigration statutes.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Lee, Mike [R-UT]

Cosponsors (8)

Sen. Blackburn, Marsha [R-TN], Sen. Barrasso, John [R-WY], Sen. Lummis, Cynthia M. [R-WY], Sen. Hyde-Smith, Cindy [R-MS], Sen. Scott, Rick [R-FL], Sen. Cotton, Tom [R-AR], Sen. Cruz, Ted [R-TX], Sen. Budd, Ted [R-NC]

Recent Actions

• 2025-10-22: Star Print ordered on the bill.
• 2025-10-02: Read twice and referred to the Committee on Energy and Natural Resources.
• 2025-10-02: Introduced in Senate

Bill Versions

• Border Lands Conservation Act — issued 2025-10-02 — PDF (16 pages)