Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended, 19077-19078 [E8-7450]
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Federal Register / Vol. 73, No. 68 / Tuesday, April 8, 2008 / Notices
Ken
Hunt, Executive Director, 245 Murray
Lane, Mail Stop 0550, Washington, DC
20528, 703–235–0780 and 703–235–
0442, privacycommittee@dhs.gov.
Purpose and Objective: Under the
authority of 6 U.S.C. section 451, this
charter establishes the Data Privacy and
Integrity Advisory Committee, which
shall operate in accordance with the
provisions of the Federal Advisory
Committee Act (FACA) (5 U.S.C. App).
The Committee will provide advice at
the request of the Secretary of DHS and
the Chief Privacy Officer of DHS on
programmatic, policy, operational,
administrative, and technological issues
within the DHS that relate to personally
identifiable information (PII), as well as
data integrity and other privacy-related
matters.
Duration: The committee’s charter is
effective March 25, 2008, and expires
March 25, 2010.
Responsible DHS Officials: Hugo
Teufel III, Chief Privacy Officer and Ken
Hunt, Executive Director, 245 Murray
Drive, Mail Stop 0550, Washington, DC
20528, privacycommittee@dhs.gov, 703–
235–0780.
FOR FURTHER INFORMATION CONTACT:
Dated: April 1, 2008.
Hugo Teufel III,
Chief Privacy Officer.
[FR Doc. E8–7277 Filed 4–7–08; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
Determination Pursuant to Section 102
of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996,
as Amended
Office of the Secretary,
Department of Homeland Security.
ACTION: Notice of determination;
correction.
pwalker on PROD1PC71 with NOTICES
AGENCY:
SUMMARY: The Secretary of Homeland
Security has determined, pursuant to
law, that it is necessary to waive certain
laws, regulations and other legal
requirements in order to ensure the
expeditious construction of barriers and
roads in the vicinity of the international
land border of the United States. The
notice of determination was published
in the Federal Register on April 3, 2008.
Due to a publication error, the Project
Area description was inadvertently
omitted from the April 3 publication.
For clarification purposes, this
document is a republication of the April
3 document including the omitted
Project Area description.
VerDate Aug<31>2005
16:09 Apr 07, 2008
Jkt 214001
This Notice is effective on April
8, 2008.
DATES:
Determination and Waiver
The Department of Homeland
Security has a mandate to achieve and
maintain operational control of the
borders of the United States. Public Law
109–367, 2, 120 Stat. 2638, 8 U.S.C.
1701 note. Congress has provided the
Secretary of Homeland Security with a
number of authorities necessary to
accomplish this mandate. One of these
authorities is found at section 102(c) of
the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996
(‘‘IIRIRA’’). Public Law 104–208, Div. C,
110 Stat. 3009–546, 3009–554 (Sept. 30,
1996) (8 U.S.C 1103 note), as amended
by the REAL ID Act of 2005, Public Law
109–13, Div. B, 119 Stat. 231, 302, 306
(May 11, 2005) (8 U.S.C. 1103 note), as
amended by the Secure Fence Act of
2006, Public Law 109–367, 3, 120 Stat.
2638 (Oct. 26, 2006) (8 U.S.C. 1103
note), as amended by the Department of
Homeland Security Appropriations Act,
2008, Public Law 110–161, Div. E, Title
V, 564, 121 Stat. 2090 (Dec. 26, 2007).
In Section 102(a) of the IIRIRA,
Congress provided that the Secretary of
Homeland Security shall take such
actions as may be necessary to install
additional physical barriers and roads
(including the removal of obstacles to
detection of illegal entrants) in the
vicinity of the United States border to
deter illegal crossings in areas of high
illegal entry into the United States. In
Section 102(b) of the IIRIRA, Congress
has called for the installation of fencing,
barriers, roads, lighting, cameras, and
sensors on not less than 700 miles of the
southwest border, including priority
miles of fencing that must be completed
by December of 2008. Finally, in section
102(c) of the IIRIRA, Congress granted to
me the authority to waive all legal
requirements that I, in my sole
discretion, determine necessary to
ensure the expeditious construction of
barriers and roads authorized by section
102 of the IIRIRA.
I determine that the following area of
Hidalgo County, Texas, in the vicinity of
the United States border, hereinafter the
Project Area, is an area of high illegal
entry:
• Starting approximately at the
intersection of Military Road and an unnamed road (i.e. beginning at the
western end of the International
Boundary Waters Commission (IBWC)
levee in Hidalgo County) and runs east
in proximity to the IBWC levee for
approximately 4.5 miles.
• Starting approximately at the
intersection of Levee Road and 5494
Wing Road and runs east in proximity
PO 00000
Frm 00031
Fmt 4703
Sfmt 4703
19077
to the IBWC levee for approximately 1.8
miles.
• Starting approximately 0.2 mile
north from the intersection of S. Depot
Road and 23rd Street and runs south in
proximity to the IBWC levee to the
Hidalgo POE and then east in proximity
to the new proposed IBWC levee and
the existing IBWC levee to
approximately South 15th Street for a
total length of approximately 4.0 miles.
• Starting adjacent to Levee Road and
approximately 0.1 miles east of the
intersection of Levee Road and Valley
View Road and runs east in proximity
to the IBWC levee for approximately 1.0
mile then crosses the Irrigation District
Hidalgo County #1 Canal and will tie
into the future New Donna POE fence.
• Starting approximately 0.1 mile east
of the intersection of County Road 556
and County Road 1554 and runs east in
proximity to the IBWC levee for
approximately 3.4 miles.
• Starting approximately 0.1 mile east
of the Bensten Groves road and runs
east in proximity to the IBWC levee to
the Progresso POE for approximately 3.4
miles.
• Starting approximately at the
Progresso POE and runs east in
proximity to the IBWC levee for
approximately 2.5 miles.
In order to deter illegal crossings in
the Project Area, there is presently a
need to construct fixed and mobile
barriers and roads in conjunction with
improvements to an existing levee
system in the vicinity of the border of
the United States as a joint effort with
Hidalgo County, Texas. In order to
ensure the expeditious construction of
the barriers and roads that Congress
prescribed in the IIRIRA in the Project
Area, which is an area of high illegal
entry into the United States, I have
determined that it is necessary that I
exercise the authority that is vested in
me by section 102(c) of the IIRIRA as
amended. Accordingly, I hereby waive
in their entirety, with respect to the
construction of roads and fixed and
mobile barriers (including, but not
limited to, accessing the project area,
creating and using staging areas, the
conduct of earthwork, excavation, fill,
and site preparation, and installation
and upkeep of fences, roads, supporting
elements, drainage, erosion controls,
safety features, surveillance,
communication, and detection
equipment of all types, radar and radio
towers, and lighting) in the Project Area,
all federal, state, or other laws,
regulations and legal requirements of,
deriving from, or related to the subject
of, the following laws, as amended: The
National Environmental Policy Act
(Pub. L. 91–190, 83 Stat. 852 (Jan. 1,
E:\FR\FM\08APN1.SGM
08APN1
19078
Federal Register / Vol. 73, No. 68 / Tuesday, April 8, 2008 / Notices
pwalker on PROD1PC71 with NOTICES
1970) (42 U.S.C. 4321 et seq.)), the
Endangered Species Act (Pub. L. 93–
205, 87 Stat. 884) (Dec. 28, 1973) (16
U.S.C. 1531 et seq.)), the Federal Water
Pollution Control Act (commonly
referred to as the Clean Water Act) (33
U.S.C. 1251 et seq.), the National
Historic Preservation Act (Pub. L. 89–
665, 80 Stat. 915 (Oct. 15, 1966) (16
U.S.C. 470 et seq.)), the Migratory Bird
Treaty Act (16 U.S.C. 703 et seq.), the
Clean Air Act (42 U.S.C. 7401 et seq.),
the Archeological Resources Protection
Act (Pub. L. 96–95, 16 U.S.C. 470aa et
seq.), the Safe Drinking Water Act (42
U.S.C. 300f et seq.), the Noise Control
Act (42 U.S.C. 4901 et seq.), the Solid
Waste Disposal Act, as amended by the
Resource Conservation and Recovery
Act (42 U.S.C. 6901 et seq.), the
Comprehensive Environmental
Response, Compensation, and Liability
Act (42 U.S.C. 9601 et seq.), the
Archaeological and Historic
Preservation Act (Pub. L. 86–523, 16
U.S.C. 469 et seq.), the Antiquities Act
(16 U.S.C. 431 et seq.), the Historic
Sites, Buildings, and Antiquities Act (16
U.S.C. 461 et seq.), the Farmland
Protection Policy Act (7 U.S.C. 4201 et
seq.), the Coastal Zone Management Act
(Pub. L. 92–583, 16 U.S.C. 1451 et seq.),
the Federal Land Policy and
Management Act (Pub L. 94–579, 43
U.S.C. 1701 et seq.), the National
Wildlife Refuge System Administration
Act (Pub. L. 89–669, 16 U.S.C. 668dd668ee), the Fish and Wildlife Act of
1956 (Pub. L. 84–1024, 16 U.S.C. 742a,
et seq.), the Fish and Wildlife
Coordination Act (Pub. L. 73–121, 16
U.S.C. 661 et seq.), the Administrative
Procedure Act (5 U.S.C. 551 et seq.), the
Rivers and Harbors Act of 1899 (33
U.S.C. 403), the Eagle Protection Act (16
U.S.C. 668 et seq.), the Native American
Graves Protection and Repatriation Act
(25 U.S.C. 3001 et seq.), the American
Indian Religious Freedom Act (42 U.S.C.
1996), the Religious Freedom
Restoration Act (42 U.S.C. 2000bb), and
the Federal Grant and Cooperative
Agreement Act of 1977 (31 U.S.C. 6303–
05).
I reserve the authority to make further
waivers from time to time as I may
determine to be necessary to accomplish
the provisions of section 102 of the
IIRIRA, as amended.
Michael Chertoff,
Secretary.
[FR Doc. E8–7450 Filed 4–7–08; 8:45 am]
BILLING CODE 4410–10–P
VerDate Aug<31>2005
16:09 Apr 07, 2008
Jkt 214001
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
Determination Pursuant to Section 102
of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996,
as Amended
Office of the Secretary,
Department of Homeland Security.
ACTION: Notice of determination;
correction.
AGENCY:
SUMMARY: The Secretary of Homeland
Security has determined, pursuant to
law, that it is necessary to waive certain
laws, regulations and other legal
requirements in order to ensure the
expeditious construction of barriers and
roads in the vicinity of the international
land border of the United States. The
notice of determination was published
in the Federal Register on April 3, 2008.
Due to a publication error, the
description of the Project Areas was
inadvertently omitted from the April 3
publication. For clarification purposes,
this document is a republication of the
April 3 document including the omitted
description of the Project Areas.
DATES: This Notice is effective on April
8, 2008.
Determination and Waiver
I have a mandate to achieve and
maintain operational control of the
borders of the United States. Public Law
109–367, 2, 120 Stat. 2638, 8 U.S.C.
1701 note. Congress has provided me
with a number of authorities necessary
to accomplish this mandate. One of
these authorities is found at section
102(c) of the Illegal Immigration Reform
and Immigrant Responsibility Act of
1996 (‘‘IIRIRA’’). Public Law 104–208,
Div. C, 110 Stat. 3009–546, 3009–554
(Sept. 30, 1996) (8 U.S.C 1103 note), as
amended by the REAL ID Act of 2005,
Public Law 109–13, Div. B, 119 Stat.
231, 302, 306 (May 11, 2005) (8 U.S.C.
1103 note), as amended by the Secure
Fence Act of 2006, Public Law 109–367,
3, 120 Stat. 2638 (Oct. 26, 2006) (8
U.S.C. 1103 note), as amended by the
Department of Homeland Security
Appropriations Act, 2008, Public Law
110–161, Div. E, Title V, 564, 121 Stat.
2090 (Dec. 26, 2007). In Section 102(a)
of IIRIRA, Congress provided that the
Secretary of Homeland Security shall
take such actions as may be necessary
to install additional physical barriers
and roads (including the removal of
obstacles to detection of illegal entrants)
in the vicinity of the United States
border to deter illegal crossings in areas
of high illegal entry into the United
PO 00000
Frm 00032
Fmt 4703
Sfmt 4703
States. In Section 102(b) of IIRIRA,
Congress has called for the installation
of fencing, barriers, roads, lighting,
cameras, and sensors on not less than
700 miles of the southwest border,
including priority miles of fencing that
must be completed by December 2008.
Finally, in section 102(c) of the IIRIRA,
Congress granted to me the authority to
waive all legal requirements that I, in
my sole discretion, determine necessary
to ensure the expeditious construction
of barriers and roads authorized by
section 102 of IIRIRA.
I determine that the following areas in
the vicinity of the United States border,
located in the States of California,
Arizona, New Mexico, and Texas are
areas of high illegal entry (collectively
‘‘Project Areas’’):
California
• Starting approximately 1.5 mile east
of Border Monument (BM) 251 and ends
approximately at BM 250.
• Starting approximately 1.1 miles
west of BM 245 and runs east for
approximately 0.8 mile.
• Starting approximately 0.2 mile
west of BM 243 and runs east along the
border for approximately 0.5 mile.
• Starting approximately 0.7 mile east
of BM 243 and runs east along the
border for approximately 0.9 mile.
• Starting approximately 1.0 mile east
of BM 243 and runs east along the
border for approximately 0.9 mile.
• Starting approximately 0.7 mile
west of BM 242 and stops
approximately 0.4 mile west of BM 242.
• Starting approximately 0.8 mile east
of BM 242 and runs east along the
border for approximately 1.1 miles.
• Starting approximately 0.4 mile east
of BM 239 and runs east for
approximately 0.4 mile along the
border.
• Starting approximately 1.2 miles
east of BM 239 and runs east for
approximately 0.2 mile along the
border.
• Starting approximately 0.5 mile
west of BM 235 and runs east along the
border for approximately 1.1 miles.
• Starting approximately 0.8 mile east
of BM 235 and runs east along the
border for approximately 0.1 mile.
• Starting approximately 0.6 mile east
of BM 234 and runs east for
approximately 1.7 miles along the
border.
• Starting approximately 0.4 mile east
of BM 233 and runs east for
approximately 2.1 miles along the
border.
• Starting approximately 0.05 mile
west of BM 232 and runs east for
approximately 0.1 mile along the
border.
E:\FR\FM\08APN1.SGM
08APN1
]]>Agencies
[Federal Register Volume 73, Number 68 (Tuesday, April 8, 2008)]
[Notices]
[Pages 19077-19078]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-7450]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
Determination Pursuant to Section 102 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996, as Amended
AGENCY: Office of the Secretary, Department of Homeland Security.
ACTION: Notice of determination; correction.
-----------------------------------------------------------------------
SUMMARY: The Secretary of Homeland Security has determined, pursuant to
law, that it is necessary to waive certain laws, regulations and other
legal requirements in order to ensure the expeditious construction of
barriers and roads in the vicinity of the international land border of
the United States. The notice of determination was published in the
Federal Register on April 3, 2008. Due to a publication error, the
Project Area description was inadvertently omitted from the April 3
publication. For clarification purposes, this document is a
republication of the April 3 document including the omitted Project
Area description.
DATES: This Notice is effective on April 8, 2008.
Determination and Waiver
The Department of Homeland Security has a mandate to achieve and
maintain operational control of the borders of the United States.
Public Law 109-367, 2, 120 Stat. 2638, 8 U.S.C. 1701 note. Congress has
provided the Secretary of Homeland Security with a number of
authorities necessary to accomplish this mandate. One of these
authorities is found at section 102(c) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (``IIRIRA''). Public
Law 104-208, Div. C, 110 Stat. 3009-546, 3009-554 (Sept. 30, 1996) (8
U.S.C 1103 note), as amended by the REAL ID Act of 2005, Public Law
109-13, Div. B, 119 Stat. 231, 302, 306 (May 11, 2005) (8 U.S.C. 1103
note), as amended by the Secure Fence Act of 2006, Public Law 109-367,
3, 120 Stat. 2638 (Oct. 26, 2006) (8 U.S.C. 1103 note), as amended by
the Department of Homeland Security Appropriations Act, 2008, Public
Law 110-161, Div. E, Title V, 564, 121 Stat. 2090 (Dec. 26, 2007). In
Section 102(a) of the IIRIRA, Congress provided that the Secretary of
Homeland Security shall take such actions as may be necessary to
install additional physical barriers and roads (including the removal
of obstacles to detection of illegal entrants) in the vicinity of the
United States border to deter illegal crossings in areas of high
illegal entry into the United States. In Section 102(b) of the IIRIRA,
Congress has called for the installation of fencing, barriers, roads,
lighting, cameras, and sensors on not less than 700 miles of the
southwest border, including priority miles of fencing that must be
completed by December of 2008. Finally, in section 102(c) of the
IIRIRA, Congress granted to me the authority to waive all legal
requirements that I, in my sole discretion, determine necessary to
ensure the expeditious construction of barriers and roads authorized by
section 102 of the IIRIRA.
I determine that the following area of Hidalgo County, Texas, in
the vicinity of the United States border, hereinafter the Project Area,
is an area of high illegal entry:
Starting approximately at the intersection of Military
Road and an un-named road (i.e. beginning at the western end of the
International Boundary Waters Commission (IBWC) levee in Hidalgo
County) and runs east in proximity to the IBWC levee for approximately
4.5 miles.
Starting approximately at the intersection of Levee Road
and 5494 Wing Road and runs east in proximity to the IBWC levee for
approximately 1.8 miles.
Starting approximately 0.2 mile north from the
intersection of S. Depot Road and 23rd Street and runs south in
proximity to the IBWC levee to the Hidalgo POE and then east in
proximity to the new proposed IBWC levee and the existing IBWC levee to
approximately South 15th Street for a total length of approximately 4.0
miles.
Starting adjacent to Levee Road and approximately 0.1
miles east of the intersection of Levee Road and Valley View Road and
runs east in proximity to the IBWC levee for approximately 1.0 mile
then crosses the Irrigation District Hidalgo County 1 Canal
and will tie into the future New Donna POE fence.
Starting approximately 0.1 mile east of the intersection
of County Road 556 and County Road 1554 and runs east in proximity to
the IBWC levee for approximately 3.4 miles.
Starting approximately 0.1 mile east of the Bensten Groves
road and runs east in proximity to the IBWC levee to the Progresso POE
for approximately 3.4 miles.
Starting approximately at the Progresso POE and runs east
in proximity to the IBWC levee for approximately 2.5 miles.
In order to deter illegal crossings in the Project Area, there is
presently a need to construct fixed and mobile barriers and roads in
conjunction with improvements to an existing levee system in the
vicinity of the border of the United States as a joint effort with
Hidalgo County, Texas. In order to ensure the expeditious construction
of the barriers and roads that Congress prescribed in the IIRIRA in the
Project Area, which is an area of high illegal entry into the United
States, I have determined that it is necessary that I exercise the
authority that is vested in me by section 102(c) of the IIRIRA as
amended. Accordingly, I hereby waive in their entirety, with respect to
the construction of roads and fixed and mobile barriers (including, but
not limited to, accessing the project area, creating and using staging
areas, the conduct of earthwork, excavation, fill, and site
preparation, and installation and upkeep of fences, roads, supporting
elements, drainage, erosion controls, safety features, surveillance,
communication, and detection equipment of all types, radar and radio
towers, and lighting) in the Project Area, all federal, state, or other
laws, regulations and legal requirements of, deriving from, or related
to the subject of, the following laws, as amended: The National
Environmental Policy Act (Pub. L. 91-190, 83 Stat. 852 (Jan. 1,
[[Page 19078]]
1970) (42 U.S.C. 4321 et seq.)), the Endangered Species Act (Pub. L.
93-205, 87 Stat. 884) (Dec. 28, 1973) (16 U.S.C. 1531 et seq.)), the
Federal Water Pollution Control Act (commonly referred to as the Clean
Water Act) (33 U.S.C. 1251 et seq.), the National Historic Preservation
Act (Pub. L. 89-665, 80 Stat. 915 (Oct. 15, 1966) (16 U.S.C. 470 et
seq.)), the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.), the
Clean Air Act (42 U.S.C. 7401 et seq.), the Archeological Resources
Protection Act (Pub. L. 96-95, 16 U.S.C. 470aa et seq.), the Safe
Drinking Water Act (42 U.S.C. 300f et seq.), the Noise Control Act (42
U.S.C. 4901 et seq.), the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.), the
Comprehensive Environmental Response, Compensation, and Liability Act
(42 U.S.C. 9601 et seq.), the Archaeological and Historic Preservation
Act (Pub. L. 86-523, 16 U.S.C. 469 et seq.), the Antiquities Act (16
U.S.C. 431 et seq.), the Historic Sites, Buildings, and Antiquities Act
(16 U.S.C. 461 et seq.), the Farmland Protection Policy Act (7 U.S.C.
4201 et seq.), the Coastal Zone Management Act (Pub. L. 92-583, 16
U.S.C. 1451 et seq.), the Federal Land Policy and Management Act (Pub
L. 94-579, 43 U.S.C. 1701 et seq.), the National Wildlife Refuge System
Administration Act (Pub. L. 89-669, 16 U.S.C. 668dd-668ee), the Fish
and Wildlife Act of 1956 (Pub. L. 84-1024, 16 U.S.C. 742a, et seq.),
the Fish and Wildlife Coordination Act (Pub. L. 73-121, 16 U.S.C. 661
et seq.), the Administrative Procedure Act (5 U.S.C. 551 et seq.), the
Rivers and Harbors Act of 1899 (33 U.S.C. 403), the Eagle Protection
Act (16 U.S.C. 668 et seq.), the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001 et seq.), the American Indian
Religious Freedom Act (42 U.S.C. 1996), the Religious Freedom
Restoration Act (42 U.S.C. 2000bb), and the Federal Grant and
Cooperative Agreement Act of 1977 (31 U.S.C. 6303-05).
I reserve the authority to make further waivers from time to time
as I may determine to be necessary to accomplish the provisions of
section 102 of the IIRIRA, as amended.
Michael Chertoff,
Secretary.
[FR Doc. E8-7450 Filed 4-7-08; 8:45 am]
BILLING CODE 4410-10-P
