CONTAINER Act

109 S157 IS: Creating Obstructions Necessary To Address Illegal and Nefarious Entry Rapidly Act U.S. Senate 2025-01-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II119th CONGRESS1st SessionS. 157IN THE SENATE OF THE UNITED STATESJanuary 21, 2025Mrs. Blackburn (for herself, Mr. Cassidy, Mr. Cramer, and Mr. Cruz) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo authorize certain States to take certain actions on certain Federal land to secure an international border of the United States, and for other purposes.1.Short titleThis Act may be cited as the Creating Obstructions Necessary To Address Illegal and Nefarious Entry Rapidly Act or the CONTAINER Act.2.Placement of movable, temporary structures on certain Federal land to secure an international border of the United States(a)DefinitionsIn this section:(1)Border stateThe term Border State means a State that is adjacent to the northern border or southern border.(2)Federal landThe term Federal land means land under the jurisdiction and management of a Federal land management agency that is adjacent to the northern border or southern border.(3)Federal land management agencyThe term Federal land management agency means—(A)the Bureau of Indian Affairs;(B)the Bureau of Land Management;(C)the Bureau of Reclamation;(D)the Forest Service;(E)the United States Fish and Wildlife Service; and(F)the National Park Service.(4)Northern borderThe term northern border means the international border between the United States and Canada. (5)Operational controlThe term operational control has the meaning given such term in section 2(b) of the Secure Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109–367). (6)Secretary concernedThe term Secretary concerned means—(A)the Secretary of the Interior, with respect to Federal land under the jurisdiction and management of the Secretary of the Interior, acting through, as applicable—(i)the Director of the Bureau of Indian Affairs;(ii)the Director of the Bureau of Land Management; (iii)the Commissioner of Reclamation;(iv)the Director of the United States Fish and Wildlife Service; and(v)the Director of the National Park Service; and(B)the Secretary of Agriculture, with respect to National Forest System land, acting through the Chief of the Forest Service. (7)Southern borderThe term southern border means the international border between the United States and Mexico. (b)Special use authorizationSubject to subsection (c), the Secretary concerned shall not require a Border State to obtain a special use authorization for the temporary placement on Federal land within the Border State of a movable, temporary structure for the purpose of securing the northern border or southern border, if the Border State submits to the Secretary concerned notice of the proposed placement not later than 45 days before the date of the proposed placement.(c)Temporary placement(1)In generalA movable, temporary structure described in subsection (b) may be placed by a Border State on Federal land in accordance with that subsection for a period of not more than 1 year, subject to paragraph (2).(2)Extension(A)In generalThe period described in paragraph (1) may be extended in 90-day increments, on approval by the Secretary concerned.(B)Consultation requiredThe Secretary concerned shall consult with the Commissioner of U.S. Customs and Border Protection for purposes of determining whether to approve an extension under subparagraph (A).(C)ApprovalThe Secretary concerned shall approve a request for an extension under this paragraph if the Commissioner of U.S. Customs and Border Protection determines that operational control has not been achieved as of the date of the consultation required under subparagraph (B).