Committee passes bill to give border patrol more access to federal lands

WASHINGTON — After some testy exchanges involving Sen. John McCain, the Senate Homeland Security and Governmental Affairs Committee approved his legislation that would give border patrol agents broader access to federal land on the Arizona border.

The McCain-sponsored Arizona Borderlands Protection and Preservation Act was approved by voice vote, but the opposition of several Democrats shows it may face a difficult path to approval.

The legislation would grant Customs and Border Protection personnel immediate access to federal land on the Arizona border, including for motorized patrols and the placement of communications, surveillance and detection equipment.

McCain said federal agents now must get permission before entering some federal land or are required to remain on foot on designated paths while drug smugglers and others illegally crossing the Arizona border go wherever they want, destroying wildlife refuges in the process.

He said 80% of the Arizona-Mexico border is either federal land or tribal lands.

Besides making it more difficult to apprehend those crossing the border illegally, the restrictions on access can put agents in danger because getting to someone in need of help on foot could take hours, McCain said.

Sen. Heidi Heitkamp, D-N.D., proposed amending McCain's bill to eliminate the definition of border security, to have the measure expire after four years, and to require an oversight report of its impact.

McCain reacted angrily, saying he was "puzzled" and "stunned" by the proposal.

Sen. Tom Carper of Delaware, the ranking Democrat on the committee, attempted to mollify McCain. "There are some people who don't like your bill," Carper said, adding that the changes would garner broader support.

"In all due respect, frankly, I don't give a damn if somebody that lives in Delaware doesn't like my efforts," McCain fired back.

Eventually, McCain agreed to the four-year sunset and the government oversight report. He and Heitkamp also agreed to work out the definition of border security to be included in the legislation.

Democrat Sen. Jon Tester of Montana said he couldn't support the legislation, even with the changes. "This allows one agency to do whatever they want," Tester said, adding that he thought the bill would set a bad precedent.

The Senate bill is co-sponsored by Arizona Republican Sen. Jeff Flake. A companion bill was introduced in the House by Arizona Republican Rep. Matt Salmon. Co-sponsors of that legislation are Arizona Republican Reps. Trent Franks, David Schweikert, Paul Gosar and Martha McSally.

The House bill is awaiting consideration by the House Natural Resources Committee and the House Homeland Security Committee.

Follow @BillTheobald on Twitter.