Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended, 19078-19080 [E8-7451]
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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]
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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
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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.
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• Starting approximately 0.2 mile east
of BM 232 and runs east for
approximately 1.5 miles along the
border.
• Starting 0.6 mile east of Border
Monument 229 heading east along the
border for approximately 11.3 miles to
BM 225.
• Starting approximately 0.1 mile east
of BM 224 and runs east along the
border for approximately 2.5 miles.
• Starting approximately 2.3 miles
east of BM 220 and runs east along the
border to BM 207.
Arizona
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• Starting approximately 1.0 mile
south of BM 206 and runs south along
the Colorado River for approximately
13.3 miles.
• Starting approximately 0.1 mile
north of County 18th Street running
south along the border for
approximately 3.8 miles.
• Starting at the Eastern edge of
BMGR and runs east along the border to
approximately 1.3 miles west of BM
174.
• Starting approximately 0.5 mile
west of BM 168 and runs east along the
border for approximately 5.3 miles.
• Starting approximately 1 mile east
of BM 160 and runs east for
approximately 1.6 miles.
• Starting approximately 1.3 miles
east of BM 159 and runs east along the
border to approximately 0.3 mile east of
BM 140.
• Starting approximately 2.2 miles
west of BM 138 and runs east along the
border for approximately 2.5 miles.
• Starting approximately 0.2 miles
east of BM 136 and runs east along the
border to approximately 0.2 mile west of
BM 102.
• Starting approximately 3 miles west
of BM 99 and runs east along the border
approximately 6.5 miles.
• Starting approximately at BM 97
and runs east along the border
approximately 6.9 miles.
• Starting approximately at BM 91
and runs east along the border to
approximately 0.7 miles east of BM 89.
• Starting approximately 1.7 miles
west of BM 86 and runs east along the
border to approximately 0.7 mile west of
BM 86.
• Starting approximately 0.2 mile
west of BM 83 and runs east along the
border to approximately 0.2 mile east of
BM 73.
New Mexico
• Starting approximately 0.8 mile
west of BM 69 and runs east along the
border to approximately 1.5 miles west
of BM 65.
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• Starting approximately 2.3 miles
east of BM 65 and runs east along the
border for approximately 6.0 miles.
• Starting approximately 0.5 mile east
of BM 61 and runs east along the border
until approximately 1.0 mile west of BM
59.
• Starting approximately 0.1 miles
east of BM 39 and runs east along the
border to approximately 0.3 mile east of
BM 33.
• Starting approximately 0.25 mile
east of BM 31 and runs east along the
border for approximately 14.2 miles.
• Starting approximately at BM 22
and runs east along the border to
approximately 1.0 mile west BM 16.
• Starting at approximately 1.0 mile
west of BM 16 and runs east along the
border to approximately BM 3.
Texas
• Starting approximately 0.4 miles
southeast of BM 1 and runs southeast
along the border for approximately 3.0
miles.
• Starting approximately 1 Mi E of
the intersection of Interstate 54 and
Border Highway and runs southeast
approximately 57 miles in proximity to
the IBWC levee to 3.7 miles east of the
Ft Hancock POE.
• Starting approximately 1.6 miles
west of the intersection of Esperanza
and Quitman Pass Roads and runs along
the IBWC levee east for approximately
4.6 miles.
• Starting at the Presidio POE and
runs west along the border to
approximately 3.2 miles west of the
POE.
• Starting at the Presidio POE and
runs east along the border to
approximately 3.4 miles east of the POE.
• Starting approximately 1.8 miles
west of Del Rio POE and runs east along
the border for approximately 2.5 miles.
• Starting approximately 1.3 Mi north
of the Eagle Pass POE and runs south
approximately 0.8 miles south of the
POE.
• Starting approximately 2.1 miles
west of Roma POE and runs east
approximately 1.8 miles east of the
Roma POE.
• Starting approximately 3.5 miles
west of Rio Grande City POE and runs
east in proximity to the Rio Grande river
for approximately 9 miles.
• Starting approximately 0.9 miles
west of County Road 41 and runs east
approximately 1.2 miles and then north
for approximately 0.8 miles.
• Starting approximately 0.5 mile
west of the end of River Dr and runs east
in proximity to the IBWC levee for
approximately 2.5 miles.
• Starting approximately 0.6 miles
east of the intersection of Benson Rd
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19079
and Cannon Rd and runs east in
proximity to the IBWC levee for
approximately 1 mile.
• Starting at the Los Indios POE and
runs west in proximity to the IBWC
levee for approximately 1.7 miles.
• Starting at the Los Indios POE and
runs east in proximity to the IBWC levee
for approximately 3.6 miles.
• Starting approximately 0.5 mile
west of Main St and J Padilla St
intersection and runs east in proximity
to the IBWC levee for approximately 2.0
miles.
• Starting approximately 1.2 miles
west of the Intersection of U.S. HWY
281 and Los Ranchitos Rd and runs east
in proximity to the IBWC levee for
approximately 2.4 miles.
• Starting approx 0.5 miles southwest
of the intersection of U.S. 281 and San
Pedro Rd and runs east in proximity to
the IBWC levee for approximately 1.8
miles.
• Starting approximately 0.1 miles
southwest of the Intersection of
Villanueva St and Torres Rd and runs
east in proximity to the IBWC levee for
approximately 3.6 miles.
• Starting approximately south of
Palm Blvd and runs east in proximity to
the City of Brownsville’s levee to
approximately the Gateway-Brownsville
POE where it continues south and then
east in proximity to the IBWC levee for
a total length of approximately 3.5
miles.
• Starting at the North Eastern Edge
of Ft Brown Golf Course and runs east
in proximity to the IBWC levee for
approximately 1 mile.
• Starting approximately 0.3 miles
east of Los Tomates-Brownsville POE
and runs east and then north in
proximity to the IBWC levee for
approximately 13 miles.
In order to deter illegal crossings in
the Project Areas, there is presently a
need to construct fixed and mobile
barriers (such as fencing, vehicle
barriers, towers, sensors, cameras, and
other surveillance, communication, and
detection equipment) and roads in the
vicinity of the border of the United
States. In order to ensure the
expeditious construction of the barriers
and roads that Congress prescribed in
the IIRIRA in the Project Areas, which
are areas 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
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19080
Federal Register / Vol. 73, No. 68 / Tuesday, April 8, 2008 / Notices
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
Areas, 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,
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 Wild and Scenic
Rivers Act (Pub. L. 90–542, 16 U.S.C.
1281 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
Wilderness Act (Pub. L. 88–577, 16
U.S.C. 1131 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 Otay Mountain
Wilderness Act of 1999 (Pub. L. 106–
145), Sections 102(29) and 103 of Title
I of the California Desert Protection Act
(Pub. L. 103–433), 50 Stat. 1827, the
National Park Service Organic Act (Pub.
L. 64–235, 16 U.S.C. 1, 2–4), the
National Park Service General
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Authorities Act (Pub. L. 91–383, 16
U.S.C. 1a–1 et seq.), Sections 401(7),
403, and 404 of the National Parks and
Recreation Act of 1978 (Pub. L. 95–625),
Sections 301(a)–(f) of the Arizona Desert
Wilderness Act (Pub. L. 101–628), 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), the
National Forest Management Act of
1976 (16 U.S.C. 1600 et seq.), and the
Multiple Use and Sustained Yield Act of
1960 (16 U.S.C. 528–531).
This waiver does not supersede,
supplement, or in any way modify the
previous waivers published in the
Federal Register on September 22, 2005
(70 FR 55622), January 19, 2007 (72 FR
2535), and October 26, 2007 (72 FR
60870).
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. E8–7451 Filed 4–7–08; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[USCG–2008–0202]
Information Collection Request to
Office of Management and Budget;
OMB Control Numbers: 1625–0044,
1625–0045, and 1625–0060
Coast Guard, DHS.
Sixty-day notice requesting
comments.
AGENCY:
ACTION:
SUMMARY: In compliance with the
Paperwork Reduction Act of 1995, the
U.S. Coast Guard intends to submit
Information Collection Requests (ICRs)
and Analyses to the Office of
Management and Budget (OMB)
requesting an extension of their
approval for the following collections of
information: (1) 1625–0044, Outer
Continental Shelf Activities—Title 33
CFR Subchapter N; (2) 1625–0045,
Adequacy Certification for Reception
Facilities and Advance Notice—33 CFR
part 158; and (3) 1625–0060, Vapor
Control Systems for Facilities and Tank
Vessels. Before submitting these ICRs to
OMB, the Coast Guard is inviting
comments as described below.
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Comments must reach the Coast
Guard on or before June 9, 2008.
ADDRESSES: To avoid duplicate
submissions to the docket [USCG–2008–
0202], please submit them by only one
of the following means:
(1) Online: https://
www.regulations.gov.
(2) Mail: Docket Management Facility
(DMF) (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(3) Hand delivery: DMF between the
hours of 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The telephone number is 202–366–
9329.
(4) Fax: 202–493–2251.
The DMF maintains the public docket
for this notice. Comments and material
received from the public, as well as
documents mentioned in this notice as
being available in the docket, will
become part of this docket and will be
available for inspection or copying at
room W12–140 on the West Building
Ground Floor, 1200 New Jersey Avenue,
SE., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. You may also
find this docket on the Internet at
https://www.regulations.gov.
A copy of the complete ICR is
available through this docket on the
Internet at https://www.regulations.gov.
Additionally, copies are available from
Commandant (CG–611), U.S. Coast
Guard Headquarters (Attn: Mr. Arthur
Requina), 2100 2nd Street, SW.,
Washington, DC 20593–0001. The
telephone number is 202–475–3523.
FOR FURTHER INFORMATION CONTACT: Mr.
Arthur Requina, Office of Information
Management, telephone 202–475–3523,
or fax 202–475–3929, for questions on
these documents. Contact Ms. Renee V.
Wright, Program Manager, Docket
Operations, 202–366–9826, for
questions on the docket.
SUPPLEMENTARY INFORMATION:
DATES:
Public Participation and Request for
Comments
The Coast Guard invites comments on
whether this information collection
request should be granted based on it
being necessary for the proper
performance of Departmental functions.
In particular, the Coast Guard would
appreciate comments addressing: (1)
The practical utility of the collections;
(2) the accuracy of the estimated burden
of the collections; (3) ways to enhance
the quality, utility, and clarity of
information subject to the collections;
and (4) ways to minimize the burden of
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]]>Agencies
[Federal Register Volume 73, Number 68 (Tuesday, April 8, 2008)]
[Notices]
[Pages 19078-19080]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-7451]
-----------------------------------------------------------------------
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
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
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.
[[Page 19079]]
Starting approximately 0.2 mile east of BM 232 and runs
east for approximately 1.5 miles along the border.
Starting 0.6 mile east of Border Monument 229 heading east
along the border for approximately 11.3 miles to BM 225.
Starting approximately 0.1 mile east of BM 224 and runs
east along the border for approximately 2.5 miles.
Starting approximately 2.3 miles east of BM 220 and runs
east along the border to BM 207.
Arizona
Starting approximately 1.0 mile south of BM 206 and runs
south along the Colorado River for approximately 13.3 miles.
Starting approximately 0.1 mile north of County 18th
Street running south along the border for approximately 3.8 miles.
Starting at the Eastern edge of BMGR and runs east along
the border to approximately 1.3 miles west of BM 174.
Starting approximately 0.5 mile west of BM 168 and runs
east along the border for approximately 5.3 miles.
Starting approximately 1 mile east of BM 160 and runs east
for approximately 1.6 miles.
Starting approximately 1.3 miles east of BM 159 and runs
east along the border to approximately 0.3 mile east of BM 140.
Starting approximately 2.2 miles west of BM 138 and runs
east along the border for approximately 2.5 miles.
Starting approximately 0.2 miles east of BM 136 and runs
east along the border to approximately 0.2 mile west of BM 102.
Starting approximately 3 miles west of BM 99 and runs east
along the border approximately 6.5 miles.
Starting approximately at BM 97 and runs east along the
border approximately 6.9 miles.
Starting approximately at BM 91 and runs east along the
border to approximately 0.7 miles east of BM 89.
Starting approximately 1.7 miles west of BM 86 and runs
east along the border to approximately 0.7 mile west of BM 86.
Starting approximately 0.2 mile west of BM 83 and runs
east along the border to approximately 0.2 mile east of BM 73.
New Mexico
Starting approximately 0.8 mile west of BM 69 and runs
east along the border to approximately 1.5 miles west of BM 65.
Starting approximately 2.3 miles east of BM 65 and runs
east along the border for approximately 6.0 miles.
Starting approximately 0.5 mile east of BM 61 and runs
east along the border until approximately 1.0 mile west of BM 59.
Starting approximately 0.1 miles east of BM 39 and runs
east along the border to approximately 0.3 mile east of BM 33.
Starting approximately 0.25 mile east of BM 31 and runs
east along the border for approximately 14.2 miles.
Starting approximately at BM 22 and runs east along the
border to approximately 1.0 mile west BM 16.
Starting at approximately 1.0 mile west of BM 16 and runs
east along the border to approximately BM 3.
Texas
Starting approximately 0.4 miles southeast of BM 1 and
runs southeast along the border for approximately 3.0 miles.
Starting approximately 1 Mi E of the intersection of
Interstate 54 and Border Highway and runs southeast approximately 57
miles in proximity to the IBWC levee to 3.7 miles east of the Ft
Hancock POE.
Starting approximately 1.6 miles west of the intersection
of Esperanza and Quitman Pass Roads and runs along the IBWC levee east
for approximately 4.6 miles.
Starting at the Presidio POE and runs west along the
border to approximately 3.2 miles west of the POE.
Starting at the Presidio POE and runs east along the
border to approximately 3.4 miles east of the POE.
Starting approximately 1.8 miles west of Del Rio POE and
runs east along the border for approximately 2.5 miles.
Starting approximately 1.3 Mi north of the Eagle Pass POE
and runs south approximately 0.8 miles south of the POE.
Starting approximately 2.1 miles west of Roma POE and runs
east approximately 1.8 miles east of the Roma POE.
Starting approximately 3.5 miles west of Rio Grande City
POE and runs east in proximity to the Rio Grande river for
approximately 9 miles.
Starting approximately 0.9 miles west of County Road 41
and runs east approximately 1.2 miles and then north for approximately
0.8 miles.
Starting approximately 0.5 mile west of the end of River
Dr and runs east in proximity to the IBWC levee for approximately 2.5
miles.
Starting approximately 0.6 miles east of the intersection
of Benson Rd and Cannon Rd and runs east in proximity to the IBWC levee
for approximately 1 mile.
Starting at the Los Indios POE and runs west in proximity
to the IBWC levee for approximately 1.7 miles.
Starting at the Los Indios POE and runs east in proximity
to the IBWC levee for approximately 3.6 miles.
Starting approximately 0.5 mile west of Main St and J
Padilla St intersection and runs east in proximity to the IBWC levee
for approximately 2.0 miles.
Starting approximately 1.2 miles west of the Intersection
of U.S. HWY 281 and Los Ranchitos Rd and runs east in proximity to the
IBWC levee for approximately 2.4 miles.
Starting approx 0.5 miles southwest of the intersection of
U.S. 281 and San Pedro Rd and runs east in proximity to the IBWC levee
for approximately 1.8 miles.
Starting approximately 0.1 miles southwest of the
Intersection of Villanueva St and Torres Rd and runs east in proximity
to the IBWC levee for approximately 3.6 miles.
Starting approximately south of Palm Blvd and runs east in
proximity to the City of Brownsville's levee to approximately the
Gateway-Brownsville POE where it continues south and then east in
proximity to the IBWC levee for a total length of approximately 3.5
miles.
Starting at the North Eastern Edge of Ft Brown Golf Course
and runs east in proximity to the IBWC levee for approximately 1 mile.
Starting approximately 0.3 miles east of Los Tomates-
Brownsville POE and runs east and then north in proximity to the IBWC
levee for approximately 13 miles.
In order to deter illegal crossings in the Project Areas, there is
presently a need to construct fixed and mobile barriers (such as
fencing, vehicle barriers, towers, sensors, cameras, and other
surveillance, communication, and detection equipment) and roads in the
vicinity of the border of the United States. In order to ensure the
expeditious construction of the barriers and roads that Congress
prescribed in the IIRIRA in the Project Areas, which are areas 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
[[Page 19080]]
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 Areas, 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, 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 Wild and Scenic Rivers Act (Pub. L. 90-
542, 16 U.S.C. 1281 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 Wilderness Act (Pub. L. 88-577, 16 U.S.C.
1131 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
Otay Mountain Wilderness Act of 1999 (Pub. L. 106-145), Sections
102(29) and 103 of Title I of the California Desert Protection Act
(Pub. L. 103-433), 50 Stat. 1827, the National Park Service Organic Act
(Pub. L. 64-235, 16 U.S.C. 1, 2-4), the National Park Service General
Authorities Act (Pub. L. 91-383, 16 U.S.C. 1a-1 et seq.), Sections
401(7), 403, and 404 of the National Parks and Recreation Act of 1978
(Pub. L. 95-625), Sections 301(a)-(f) of the Arizona Desert Wilderness
Act (Pub. L. 101-628), 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), the National
Forest Management Act of 1976 (16 U.S.C. 1600 et seq.), and the
Multiple Use and Sustained Yield Act of 1960 (16 U.S.C. 528-531).
This waiver does not supersede, supplement, or in any way modify
the previous waivers published in the Federal Register on September 22,
2005 (70 FR 55622), January 19, 2007 (72 FR 2535), and October 26, 2007
(72 FR 60870).
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. E8-7451 Filed 4-7-08; 8:45 am]
BILLING CODE 4410-10-P
