; and (B) the term owner includes the possessor of a fee interest, a tenant, a lessee, an occupant, the possessor of any other interest in land, and any person having a right to grant permission to use the land. (2) Reimbursement authorized Notwithstanding any other provision of law, and subject to the availability of appropriations, any owner of land located in the United States within 150 miles of the southern border of the United States may seek reimbursement from the Department and the Secretary shall pay for any adverse final tort judgment for negligence (excluding attorneys’ fees and costs) authorized under Federal or State tort law, arising directly from any border patrol action, such as apprehensions, tracking, and detention of aliens, that is conducted on privately-owned land if— (A) such land owner has been found negligent by a Federal or State court in any tort litigation; (B) such land owner has not already been reimbursed for the final tort judgment, including outstanding attorneys’ fees and costs; (C) such land owner did not have or does not have sufficient property insurance to cover the judgment and has had an insurance claim for such coverage denied; and (D) such tort action was brought against such land owner as a direct result of activity of law enforcement officers of the Department of Homeland Security, acting in their official capacity, on the owner’s land. (3) Exceptions Nothing in this subsection may be construed to require the Secretary to reimburse, under paragraph (2), a land owner for any adverse final tort judgment for negligence or to limit land owner liability which would otherwise exist for— (A) willful or malicious failure to guard or warn against a known dangerous condition, use, structure, or activity likely to cause harm; (B) maintaining an attractive nuisance; (C) gross negligence; or (D) direct interference with, or hindrance of, any agent or officer of the Federal Government who is authorized to enforce the immigration laws during— (i) a patrol of such landowner’s land