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House committee OKs bill to waive environmental rules for Border Patrol

In this file photo from June, Rep. Raul Grijalva, D-Tucson, shows his opinion of HR1505, the bill to waive environmental rules in border areas in the name of border security. He charges the bill uses immigration as a cover to weaken environmental protections. (Cronkite News Service photo by Matthew Trotter)

WASHINGTON – A House committee approved a bill Wednesday that would waive environmental regulations for Border Patrol activities within 100 miles of any U.S. border.

Rep. Rob Bishop, R-Utah, has said his National Security and Federal Lands Protection Act clears up the Border Patrol’s “checkerboard access,” but environmental groups charge the bill does little to affect border security while risking protected lands and species.

The House Natural Resources Committee passed the bill, 26-17.

The measure would allow border agents to build fences, construct roads, set up monitoring equipment and patrol with vehicles on reservations and federal wildlands. It includes the coasts as well as borders with Canada and Mexico.

The Pew Environment Group said that means the Border Patrol would have waivers in places like Long Island and Northern California – far from the Southwest deserts typically associated with immigration and trafficking problems.

“It’s horrible; it’s unbelievable,” said Dan Millis, borderlands campaign organizer for the Sierra Club’s Grand Canyon chapter. “Those of us who live on the southern border have seen what these waivers have done, the environmental damage that occurs.”

Areas along the U.S.-Mexico border are already exempt from many environmental protections under similar waivers. Millis said walls and infrastructure built under those provisions have caused flooding and eroded ranch land.

But the environmental impact of smugglers and people who cross the border illegally is worse than anything the Border Patrol might do, said Patrick Bray, executive vice president of the Arizona Cattle Growers’ Association. He said border-crossers leave behind large amounts of trash, including numerous bicycles and, in some cases, automobiles.

“The damages created by (illegal border-crossers) are far more than what the Border Patrol could do,” he said.

Bray said dealing with the land-management agencies still causes plenty of snags for agents, and that brings the Border Patrol agents to ask private landowners to help them instead.

“It puts it upon the private citizens,” he said.

But critics charge that border security is not the true purpose of the bill. Rep. Raul Grijalva, D-Tucson, called it a Trojan-horse tactic to attack environmental protections, and that using immigration issues as cover is “a smart political ploy that could be detrimental to the American people.”

“The intent is to set the precedent that these laws can be waived, they can be suspended – inevitably leading to the removal of most of those laws,” he said.

He noted that the bill is opposed by Customs and Border Protection. The agency, part of the Department of Homeland Security, already has effective working relationships with the Department of the Interior and the Department of Agriculture, it said in a written statement in June, when the bill was up for a hearing.

Grijalva does not expect the bill to move far, certainly not past the Democrat-controlled Senate, nor to be signed into law by President Barack Obama.

“Still,” he said, “we have to fight it.”

Waive goodbye

Some of the laws the Border Patrol agents would be allowed to override within 100 miles of international boundaries under the bill:
- National Environmental Policy Act of 1969
- The Endangered Species Act of 1973
- The Federal Water Pollution Control Act
- The National Historic Preservation Act
- The Migratory Bird Treaty Act
- The Clean Air Act
- The Archaeological Resources Protection Act of 1979
- The Safe Drinking Water Act
- The Noise Control Act of 1972
- The Solid Waste Disposal Act
- The Comprehensive Environmental Response, Compensation, and Liability Act of 1980
- The Wild and Scenic Rivers Act
- The Farmland Protection Policy Act
- The Coastal Zone Management Act of 1972
- The Wilderness Act
- The Federal Land Policy and Management Act of 1976
- The National Wildlife Refuge System Administration Act of 1966
- The Fish and Wildlife Act of 1956
- The Fish and Wildlife Coordination Act
- The Otay Mountain Wilderness Act of 1999
- The National Park Service Organic Act
- Sections of the National Parks and Recreation Act of 1978
- The Arizona Desert Wilderness Act of 1990
- The Forest and Rangeland Renewable Resources Planning Act of 1974
- The Multiple-Use Sustained-Yield Act of 1960

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