CONTAINER Act

This legislation permits states adjacent to the northern or southern U.S. borders, referred to as "Border States," to install movable, temporary structures on certain federal lands for the purpose of securing the international border. These states are explicitly exempted from needing a special use authorization from the relevant federal land management agency, such as the Bureau of Land Management or Forest Service, for such placements. A Border State must, however, provide notice to the Secretary concerned at least 45 days before the proposed placement. The initial placement of these temporary structures is authorized for a period not exceeding one year. Extensions to this period can be granted in 90-day increments, subject to approval by the Secretary concerned. Crucially, the Secretary concerned is mandated to approve an extension if the Commissioner of U.S. Customs and Border Protection determines that operational control of the border has not yet been achieved. This ensures that the structures can remain in place as long as border security objectives are not met.