The Grand Old Party Pushes for a Lawless Border

By Scott Nicol

Last month, the Pew Hispanic Center reported that net migration from Mexico into the United States has dropped to zero, with roughly the same number of Mexican citizens heading south across the border as north.

Just a few days earlier, HR 1505, the misnamed National Security and Federal Lands Protection Act, was introduced onto the floor of the U.S. House of Representatives by Representative Rob Bishop (R-Utah).  Aimed at stopping the flood of immigrants that Pew found are, in fact, not pouring over our borders, this bill waives 36 laws on all federal lands within 100 miles of both the northern and southern U.S. borders for any Border Patrol activity.  Forward operating bases, roads, and even more border walls could tear through national parks from Glacier to Olympic to Big Bend, as well as national forests, national monuments, wildlife refuges, and wilderness areas with no concern for the laws that protect natural ecosystems or human communities.

HR 1505 is a dramatic expansion of the Real ID Act, which gave the Secretary of Homeland Security the power to waive laws to build border walls and roads.  In 2008 former DHS Secretary Chertoff waived these same laws, which include the Endangered Species Act, Farmland Policy Protection Act, and the Native American Graves Protection and Repatriation Act to build walls that would otherwise have been illegal. 

The resulting damage has been tremendous.   Walls now carve up the Lower Rio Grande Valley National Wildlife Refuge, fragmenting habitat set aside for endangered ocelot and jaguarundi.  Up and down the Rio Grande, farmers and ranchers, some of whose families have held title to their land since the 1760’s, have had their property condemned.  And during border wall construction ancestral remains were unearthed and left exposed by bulldozers in the Tohono O’Odham reservation.

Now Representative Bishop, whose Utah district is hundreds of miles away from either border, wants to see this brutalizing of our borderlands expanded to cover lands that are nowhere near the border.  He has yet to explain why he believes that the Border Patrol is incapable of enforcing immigration laws without violating every other law.

For their part, the Border Patrol has not asked for the power to ignore our nation’s laws, and they have told Congressional researchers that “land management laws have had no effect on Border Patrol’s overall measure of border security.”  The current Secretary of Homeland Security, former Arizona governor Janet Napolitano, recently called HR 1505 “unnecessary” and “bad policy.” 

One would assume that those who represent border communities would stand up for the borderlands.  Yet  Representative Francisco Canseco, whose district already contains more miles of border wall than any other in Texas, is one of HR 1505’s cosponsors.  The city of Eagle Pass, whose residents are Rep. Canseco’s constituents, was on the receiving end of the very first border wall condemnation.  Big Bend National Park is also in his district, and HR 1505 would sweep aside all of the environmental laws that currently protect and maintain it.

Some of Texas’ other border Representatives have taken the opposite position, asserting that all of our nation’s laws should be enforced on the border, not just those that pertain to immigration.  Representative Ruben Hinojosa, for example, whose district includes the Lower Rio Grande Valley National Wildlife Refuge, criticized HR 1505, saying, “I think we can allow the Border Patrol to do its work and at the same time protect our environment and our rare animals such as the jaguarundi, the ocelot and our migrating birds in deep South Texas.”

It may be that the difference between the two Representatives’ positions comes down to experience:  Hinojosa saw first-hand the harm inflicted upon the border by the waiving of laws, while Canseco did not come to office until the Tea Party’s surge in 2010.  Or perhaps it is a matter of party affiliation, as Conseco’s Grand Old Party tries to use immigrant bashing and charges that President Obama has not done enough to secure the border as a wedge issue in the upcoming election, ignoring the Pew findings and facts on the ground.

Representative Bishop is currently working hard to convince Democrats, particularly those whose districts are as far from the borders has his own and who he assumes know as little about the borders as him, to support HR 1505.  Bipartisan support would increase the bill’s chances in the Senate, and make a Presidential veto unlikely.

Whether he comes to his decision out of ignorance or politics, Representative Canseco needs to think about the on-the-ground impacts of the National Security and Federal Lands Protection Act on his constituents and the lands they cherish.  He and other members of Congress need to decide whether they stand for partisan politics or stand up for the people who put them in office.  And when the next election comes around border residents need to think seriously about which side their Representatives in Washington are on.

National Park Service Retirees Oppose HR 1505

Yesterday HR 1505, authored by Representative Rob Bishop (R-UT), made it onto the floor of the US House of Representatives. HR 1505 would expand the Real ID Act waiver that former Homeland Security Secretary Chertoff issued in 2008, which allowed for the construction of hundreds of miles of border walls by waiving 36 federal laws that the walls would have otherwise violated. Bishop's bill waives the same laws for any activity undertaken by the Border Patrol on all federal lands within 100 miles of both the northern and southern borders.

The Coalition of National Park Service Retirees immediately issued a press release, stating their opposition to a bill that would do tremendous harm to national parks and other protected lands:

NPS RETIREES: 54 NATIONAL PARK AREAS JEOPARDIZED UNDER BOGUS “NATIONAL SECURITY” BILL ADVANCING IN U.S. HOUSE

Among National Parks Threatened With Unrestricted Construction and Road Building: Olympic, Glacier, Voyageurs, Isle Royale, Big Bend, Joshua Tree, Acadia and Saguaro; Sites in AK, AZ, CA, ME, MI, MN, MT, NM, ND, OH, TX and WA Seen As At Risk.

WASHINGTON, D.C. – April 18, 2012 -- Legislation pending in the U.S. House of Representatives that is being falsely touted as improving U.S. border security would instead “have the potential to devastate 54 of America’s national parks, historic sites, national monuments and other popular park icons and negatively impact the nation’s economy,” according to a warning issued today by the Coalition of National Park Service Retirees (CNPSR). H.R. 1505, the mistitled “National Security and Federal Lands Protection Act,” would gut a century’s worth of proven federal lands protection, potentially opening up millions of pristine acres of national parks to off-road vehicle use, road construction, air strips and helipads, fencing, base installations, and other disruptions.

This radical legislation introduced by Rep. Rob Bishop (R-UT) would suspend the enforcement of almost all the nation’s environmental laws on all lands under the jurisdiction of the Departments of the Interior and Agriculture within 100 miles of the northern border with Canada and the southern border with Mexico. It would change the targeted national park and other federal areas into security zones and leave priceless resources unprotected. Such dramatic changes to the integrity of our national parks and forests would almost certainly damage local economies, which have evolved to depend on the tourism, jobs, and related economic benefits generated by these national assets. Why would families seeking the natural and cultural wonders and transformative outdoor experiences of our national parks choose to visit such Border Patrol-controlled areas criss-crossed by new roads, penetrated by noisy all-terrain vehicles, and dominated by tactical infrastructure?

Among the National Park Service areas that fall within H.R. 1505’s proposed 100-mile zone of potential devastation are Acadia, Big Bend, Carlsbad Caverns, Cuyahoga Valley, Glacier, Glacier Bay National Park and Preserve, Guadalupe Mountains, Isle Royale, Joshua Tree, North Cascades, Olympic, Saguaro, Theodore Roosevelt, Voyageurs, and Wrangell-St. Elias National Park and Preserve. The combined total acreage of these 15 parks is 21,657,399, nearly 25 percent of the overall footprint U.S. National Park System. They are located within the states of Alaska, Arizona, California, Maine, Michigan, Minnesota, Montana, New Mexico, North Dakota, Ohio, Texas, and Washington.

CNPSR Chair Maureen Finnerty said: “This legislative proposal is perhaps the most direct assault on national parks ever to be advanced at any level in any Congress in U.S. history. It threatens to literally stop all enforcement of several landmark environmental and conservation laws that NPS uses to manage and protect the National Park System and to serve millions of park visitors. The outrage here is that national parks and other U.S. crown jewels could end up being trashed in the name of achieving national security gains that are fictitious.”

Among the 36 laws that would be expressly suspended within 100 miles of the borders with Canada and Mexico are virtually all environmental, historic preservation, wildlife, pollution, and tribal protection laws, including the National Park Service Organic Act, 1916 (the act that requires park areas to be managed for conservation and enjoyment so as to leave them unimpaired); the Wilderness Act, 1964; the National Environmental Policy Act, 1969; the National Historic Preservation Act, 1966; the Endangered Species Act, 1973; the Clean Water and Clean Air Acts; the Archeological Resources Protection Act, 1979. All these laws are critically important to maintaining the integrity of America’s national parks.

H.R. 1505’s remaining provisions are no less extreme. For example, the bill independently provides “immediate access” to U.S. Customs and Border Patrol for road, equipment, and infrastructure construction and motorized vehicle use on national parks and all the other lands under the jurisdiction of both the Secretary of Agriculture, home of the U.S. Forest Service, and the Secretary of the Interior, home of the National Park Service, the U.S. Fish and Wildlife Service, and the Bureau of Land Management. In addition, the bill prohibits these Secretaries from “impeding, prohibiting or restricting activities of the U.S. Customs and Border Patrol” on national parks or any of the other lands. Thus, even without the cynical waiver of virtually all environmental laws within 100 miles of the northern and southern borders, this bill achieves essentially the same result, and applies throughout the entire United States, through its remaining provisions.

Furthermore, in light of the interagency collaboration and achievements made under existing authorities, this harmful legislation is not needed. Homeland Security Secretary Janet Napolitano testified on March 8, 2012, that the bill “is unnecessary, and it’s bad policy.” And officials from the U.S. Border Patrol testified against the bill in Congress on July 8, 2011, explaining that “U.S. Customs and Border Protection (CBP) enjoys a close working relationship with the Department of Interior (DOI) and Department of Agriculture (USDA) that allows us to fulfill our border enforcement responsibilities while respecting and enhancing the environment. We respect the missions of these agencies, and we recognize the importance of preserving the American landscape. Our agencies have formed a number of agreements that allow us to carry out both of these missions. CBP believes that efforts to reduce the number of illegal aliens crossing the border have lessened environmental degradation and have assisted with recovery of damaged resources, and we are fully committed to continuing our cooperative relationships with DOI and USDA to further this good work.” See the testimony online at http://www.dhs.gov/ynews/testimony/20110708-cbp-national-security-federal-lands-protection-act.shtm.

H.R. 1505 is only one of several pending bills that similarly threaten national parks and other park, refuge, and wilderness lands under the jurisdiction of the Secretaries of the Interior and Agriculture in the name of border security. For example, Senators McCain (R-AZ) and Kyl (R-AZ) and Representative Quayle (R-AZ) are sponsoring amendments to the authorization legislation for the Department of Homeland Security that would have also have devastating impacts on national parks and other Federally protected lands and are unwarranted for national security.

CNPSR’s Finnerty pointed out that “while the other bills do not have the express waiver of virtually all environmental laws like H.R. 1505, they accomplish essentially the same result by allowing the Border Patrol to make decisions on activities like motorized patrol and construction of roads and infrastructure in national park and other conservation areas. It may be that these bills are too radical for Congress to pass or the President to sign as stand-alone bills, thus making it the far greater danger that Congress will tack the park-wrecking provisions onto another must-sign piece of legislation, like an appropriations bill. All these bills are terrible policy, unnecessary for national security, and must be stopped.”

ABOUT CNPSR

The more than 800 members of the Coalition of National Park Service Retirees are all former employees of the National Park Service with a combined over 24,000 years of stewardship of America’ most precious natural and cultural resources. In their personal lives, CNPSR members reflect the broad spectrum of political affiliations. CNPSR members now strive to apply their credibility and integrity as they speak out for national park solutions that uphold law and apply sound science. The Coalition counts among its members: former National Park Service leaders at the national, regional, and park levels, park rangers, and other career professionals who devoted an average of nearly 30 years each to protecting and interpreting America’s national parks on behalf of the public. For more information, visit the CNPSR Web site at http://www.npsretirees.org.

Assault on Public Lands and Environmental Laws up for a House Vote

By Scott Nicol

How does waiving the Endangered Species Act in Hawaii help secure the U.S. – Mexico border?

Simple. It doesn’t.

But that obvious fact is irrelevant to Representative Rob Bishop of Utah, author of the National Security and Federal Lands Protection Act (HR 1505). Bishop claims that the Department of Homeland Security (DHS) cannot enforce immigration laws without violating the rest of our nation’s laws, so his bill waives 36 federal laws within 100 miles of the U.S. – Mexico border, the U.S. – Canada border, and all U.S. coastlines, for anything that DHS may want to do.

Most of the laws that HR 1505 tosses aside, including the Endangered Species Act, Migratory Bird Treaty Act, and Safe Drinking Water Act, protect the environment, but it also waives laws like the Farmland Policy Protection Act and the American Indian Religious Freedom Act.

This bill is an expansion of the Real ID Act, which gave the Secretary of Homeland Security the authority to waive local, state, and federal laws to build walls along the southern border.

The existing Real ID Act waivers, which HR 1505 expands, have caused tremendous environmental damage. To build border walls 530,000 cubic yards of rock was blasted from mountainsides in the Otay Mountain Wilderness Area; walls have caused serious flooding in the Organ Pipe Cactus National Monument; and walls fragment the Lower Rio Grande Valley National Wildlife Refuge, which was established for the preservation of endangered ocelots. Without the waiver, these walls would be illegal.

Bishop’s bill would also give DHS the run of all federally owned lands, in all 50 states, with absolutely no restrictions. Has a lack of access to the Everglades, or Hawaii’s Volcanoes National Park, or the lawn around the Statue of Liberty, prevented DHS from securing the southern border?

Not according to the Border Patrol.

The irony is that the Border Patrol, which operates under DHS’ umbrella, has not asked for the power to overrule land managers or ignore environmental laws. Last spring the Government Accountability Office found that, “Most agents reported that land management laws have had no effect on Border Patrol’s overall measure of border security.”

When Rep. Bishop introduced a similar bill last year Brandon Judd of the National Border Patrol Council said, “I would definitely look and see if there are some restrictions that are too restrictive. But to get rid of all restrictions, you would destroy the land.”

Representative Bishop has a long history of attacking protected lands and environmental regulations. He is currently pushing for a repeal of the Antiquities Act and a ban on new National Monuments. HR 1505 is just more of the same.

This Wednesday the National Security and Federal Lands Protection Act will be up for a vote in the House Natural Resources Committee, which Rep. Bishop, in a bit of Orwellian irony, chairs. Packed with Tea Party darlings like Bishop, the bill is almost certain to pass and be sent on to the full House of Representatives.

This is the week to contact your representatives and tell them that HR 1505 is not about protecting our nation. It is an assault on federal lands and environmental laws using border security as a convenient cover, nothing more.


For more information, visit www.sierraclub.org/borderlands.