Enhancing border security through the construction of navigable roads along Federal border lands
Title I — Securing Federal Border Lands
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(a) Definitions In this section: (1) Navigable road The term navigable road means a continuous path— (A) able to accommodate at least a standard vehicle; (B) of a width, length, and clearance height determined by the Secretary concerned, in consultation with the Secretary of Homeland Security; and (C) constructed of surface material determined to be appropriate by the Secretary concerned, in consultation with the Secretary of Homeland Security. (2) Secretary of Homeland Security The term Secretary of Homeland Security means the Secretary of Homeland Security, in consultation with the Chief Patrol Agent of each U.S. Border Patrol sector containing covered Federal lands. (b) In general The Secretary concerned, in consultation with the Secretary of Homeland Security, shall take such actions as may be necessary to inventory existing roads and install navigable roads on covered Federal lands to— (1) deter illegal crossings in areas of high illegal entry into the United States; (2) gain operational control of the southern border; and (3) increase U.S. Customs and Border Protection access to covered Federal lands. (c) Road requirements The navigable roads installed or inventoried under subsection (b) shall be, to the extent practicable— (1) at least 584 miles total in length along the portions of the southern border that abut covered Federal lands; (2) positioned to optimize U.S. Customs and Border Protection access to, and enforcement capabilities along, the southern border; (3) not more than 10 miles from the southern border; and (4) completed not less than 5 years after the date of the enactment of this Act. (d) Road access and maintenance In administering the navigable roads installed under this section, the Secretary concerned shall— (1) allow access to— (A) Department of Defense and U.S. Customs and Border Protection personnel carrying out official duties; (B) local law enforcement officials carrying out official duties; (C) emergency response personnel carrying out official duties; (D) any other personnel the Secretary concerned deems necessary to carry out the purposes of the navigable roads described in subsection (b); and (E) approved or authorized uses of navigable roads along the southern border; and (2) maintain the navigable roads as necessary for vehicular travel. (e) Security fencing and technology (1) In general The Secretary concerned shall enter into cooperative agreements with the Secretary of Homeland Security for the deployment of the most practical and effective fencing, surveillance, and related technology along the navigable roads being installed under this section to— (A) deter illegal crossings in areas of high illegal entry into the United States; and (B) gain operational control of the southern border by increasing U.S. Customs and Border Protection access to covered Federal lands. (2) Timeline The Secretary concerned shall ensure security measures implemented pursuant to this subsection are in effect in accordance with the timeline established under subsection (c)(4). (f) NEPA compliance The Secretary concerned shall ensure compliance with all applicable laws and regulations, including the National Environmental Policy Act (42 U.S.C. 4321 et seq.) and the amendments made to such statute by the Fiscal Responsibility Act of 2023 (Public Law 118–5).