Improvement of Barriers at Border.

Sec. 564. Improvement of Barriers at Border. (a) Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended—(1) in subsection (a), by striking “Attorney General, in consultation with the Commissioner of Immigration and Naturalization,” and inserting “Secretary of Homeland Security”; and(2) in subsection (b)—(A) in the subsection heading, by striking “in the Border Area” and inserting “Along the Border”;(B) in paragraph (1)—(i) in the heading, by striking “Security features” and inserting “Additional fencing along southwest border”; and(ii) by striking subparagraphs (A) through (C) and inserting the following:“(A) Reinforced fencing.—In carrying out subsection (a), the Secretary of Homeland Security shall construct reinforced fencing along not less than 700 miles of the southwest border where fencing would be most practical and effective and provide for the installation of additional physical barriers, roads, lighting, cameras, and sensors to gain operational control of the southwest border.“(B) Priority areas.—In carrying out this section, the Secretary of Homeland Security shall—“(i) identify the 370 miles, or other mileage determined by the Secretary, whose authority to determine other mileage shall expire on December 31, 2008, along the southwest border where fencing would be most practical and effective in deterring smugglers and aliens attempting to gain illegal entry into the United States; and121 STAT. 2091“(ii) not later than December 31, 2008, complete construction of reinforced fencing along the miles identified under clause (i).“(C) Consultation.—“(i) In general.—In carrying out this section, the Secretary of Homeland Security shall consult with the Secretary of the Interior, the Secretary of Agriculture, States, local governments, Indian tribes, and property owners in the United States to minimize the impact on the environment, culture, commerce, and quality of life for the communities and residents located near the sites at which such fencing is to be constructed.“(ii) Savings provision.—Nothing in this subparagraph may be construed to—“(I) create or negate any right of action for a State, local government, or other person or entity affected by this subsection; or“(II) affect the eminent domain laws of the United States or of any State.“(D) Limitation on requirements.—Notwithstanding subparagraph (A), nothing in this paragraph shall require the Secretary of Homeland Security to install fencing, physical barriers, roads, lighting, cameras, and sensors in a particular location along an international border of the United States, if the Secretary determines that the use or placement of such resources is not the most appropriate means to achieve and maintain operational control over the international border at such location.”; and(C) in paragraph (4), by striking “to carry out this subsection not to exceed $12,000,000” and inserting “such sums as may be necessary to carry out this subsection”.(b) No funds appropriated in this Act for U.S. Customs and Border Protection “Border Security Fencing, Infrastructure, and Technology” may be obligated unless the Secretary of Homeland Security has complied with section 102(b)(2)(C)(i) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) as amended by subsection (a)(2).