H. R. 5164
IN THE HOUSE OF REPRESENTATIVES
July 22, 2014
Mr. Pearce (for himself, Mr. Hudson, Mr. Bishop of Utah, Mr. Posey, Mr. Labrador, Mr. Lamborn, Mr. Brooks of Alabama, Mr. Marchant, Mr. Wenstrup, Mrs. Lummis, Mr. Fleming, Mr. Neugebauer, Mr. Hall, Mr. Stewart, Mr. LaMalfa, Mr. Price of Georgia, Mr. McClintock, and Mr. Gosar) introduced the following bill; which was referred to the Committee on Natural Resources
To clarify that the Secretary of Homeland Security may undertake law enforcement and border security activities within the Organ Mountains-Desert Peaks National Monument, and for other purposes.
This Act may be cited as the
Organ Mountains-Desert Peaks National Monument Correction Act
For the purpose of this Act, the term National Monument means the area designated as the
Organ Mountains-Desert Peaks National Monument in Presidential Proclamation 9131, dated May 21, 2014.
Border security and law enforcement
Neither the National Monument designation nor any management plan in furtherance of the National Monument shall be interpreted or construed to—
prevent the Secretary of Homeland Security from undertaking law enforcement and border security activities within the areas designated as a National Monument, including the ability to use motorized vehicles within the National Monument;
limit the 2006 Memorandum of Understanding among the Department of Homeland Security, the Department of the Interior, and the Department of Agriculture regarding cooperative national security and counterterrorism efforts on Federal land along the borders of the United States;
prevent the Secretary of Homeland Security from conducting any low-level overflights over the National Monument that may be necessary for law enforcement and border security purposes; or
prevent the Secretary of the Interior from allowing within the National Monument the installation and maintenance of communication or surveillance infrastructure necessary for law enforcement or border security activities.
The route excluded from the Potrillo Mountains identified as
Restricted—Administrative Access on the map entitled
Potrillo Mountains Complex and dated December 10, 2013, shall be available for administrative and law enforcement uses,
including border security activities.
Law enforcement activities
Nothing in this Act, or any land management plan issued in furtherance of this Act or Presidential Proclamation 9139, dated May 21, 2014, shall prevent Federal, State, or local law enforcement personnel from having unfettered access to the National Monument, including the use of specialized equipment and motorized vehicles outside of existing roads and trails.
Nothing in the national monument designation or any management plan in furtherance of the national monument shall restrict or preclude—
low-level overflights of military aircraft over the National Monument, including military overflights that can be seen or heard within the National Monument;
the designation of new units of special airspace over the National Monument; or
the use or establishment of military flight training routes over the National Monument.