A bill in a U.S. House committee would expand the powers of the Department of Homeland Security by waiving compliance with 36 environmental laws, including the Clean Water Act, within a 100-mile buffer along borders and coastlines.
Should it be passed into law, the National Security and Federal Lands Protection Act has some people concerned about the potential impact to places like Voyageurs National Park and the Boundary Waters Canoe Area Wilderness.
Administration of the National Park Service testified against the bill in a committee hearing Friday, according to VNP Superintendent Mike Ward.
Ward says the bill is concerning because, if approved by Congress, it would mean that Homeland Security, through Border Patrol, “would have cart blanche to place facilities and anything else they need to fulfill the end of what they are here for, without any opposition or compliance, including discussion with the local permitting authorities.”
The real problem, said Ward, that is “a hit in the gut, is that we work well with Border Patrol and the county and city say they work well with Border Patrol.”
The law would essentially prohibit the secretary of Interior and secretary of Agriculture from taking action on public lands which impede border security.
The bill also gives the secretary of Homeland Security access to any land and waters, as well as allows for construction, improvement and development of these areas.
“It gives the secretary of Homeland Security immediate access for activities in securing the border, and that includes access to maintain roads, fences, monitoring equipment. That portion of the bill is more directed to the southern border, but at this point we have no idea of the extent of what we’re talking about.”
U.S. Rep. Chip Cravaack, R-Minn., of the 8th District, said he commends U.S. Rep. Rob Bishop, R-Utah, for introducing the bill.
“This common sense legislation would allow federal border patrol agents to have operational control, and access to the border,” said Cravaack. “Currently these agents are hamstrung from being able to actively police these areas because of outdated policies that were intended to protect the environment, but have actually hurt the land in some areas of the country and further exposed our porous borders.
Cravaack called Voyageurs National Park a national treasure and said he’s “completely committed to keeping it as beautiful as it is today, but I am also committed to keeping it safe to all those who are lucky enough to visit. We simply have to allow these agents to do their jobs and eliminate all this bureaucratic red tape which is all too present in Washington, D.C.”
According to reports, Lynn Scarlett, a former deputy Interior secretary under Pres. George W. Bush, has reviewed the bill, H.R. 1505, and says she supports improving border security but thinks giving a single federal agency the authority to ignore laws and other federal, state and local agencies is a dangerous move.
Scarlett cites possible damage to iconic places such as Boundary Waters Canoe Area and Voyageurs National Park as well as limits on hunting, fishing, recreation and grazing rights on border public lands and waters. She says she has other concerns as well.
“The danger is also that national security itself will suffer. There’s wisdom in these agencies — law enforcement agencies, state agencies, federal agencies with boots on the ground. They have insights and knowledge that actually help us.”
Ward said that the park service administration testimony stressed that all over the U.S., including at 54 national parks and other areas administered by the Department of Interior, relationships with Border Patrol on security issues are working extremely well.
“There are great relationships going on that not only protect and preserve assets that these agencies have a mission to protect, but also that assist and protect the border,” said Ward.
Bishop introduced the bill in April, claiming federal and local laws and oversight have interfered with border security and that border areas are “overrun with criminal activity.
“Too many of our public lands along the southern U.S. border are overrun with criminal activity, including drug trafficking and human smuggling. Policies created with the intent of protecting the environment have accomplished the exact opposite,” said Bishop. “In fact, the very environmental regulations that are supposed to protect our public lands are enabling severe environmental degradation. The land is being harmed and our national security is threatened, and the status quo will remain until we give the Border Patrol the access they need to do their jobs. This legislation will remedy the Border Patrol’s checkerboard access, ensuring they are able to maintain a routine presence throughout the entire border region.
Bishop said the bill would ensure the Border Patrol, not federal land managers, have operational control of our borders and are not prohibited from doing their jobs due to bureaucratic red tape.

