Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended, 17184-17185 [2019-08289]

Download as PDF 17184 Federal Register / Vol. 84, No. 79 / Wednesday, April 24, 2019 / Notices jbell on DSK30RV082PROD with NOTICES Disaster Assistance Directorate, Public Assistance Division, (202) 212–5761. You may contact the Records Management Division for copies of the proposed collection of information at email address: FEMA-InformationCollections-Management@fema.dhs.gov. SUPPLEMENTARY INFORMATION: The Community Disaster Loan (CDL) Program is authorized by Section 417 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93–288, as amended, 42 U.S.C. 5184, and implementing regulations at 44 CFR subpart K. The Assistant Administrator may make a CDL to any local government which has suffered a substantial loss of tax or other revenues as a result of a major disaster or emergency and which demonstrates a need for Federal financial assistance in order to perform its governmental functions. FEMA shall cancel repayment of all or part of a CDL to the extent that the Assistant Administrator for the Disaster Assistance Directorate determines that revenues of the local government during the full three fiscal year period following the disaster are insufficient, as a result of the disaster, to meet the operating budget for the local government, including additional unreimbursed disaster-related expenses for a municipal operating character. Collection of Information Title: Community Disaster Loan Program. Type of Information Collection: Revision of a currently approved information collection. OMB Number: 1660–0083. Form Titles and Numbers: FEMA Form 090–0–4, Letter of Application; FEMA Form 090–0–1, Certification of Eligibility for Community Disaster Loans; FEMA Form 116–0–1, Promissory Note; FEMA Form 085–0–1, Local Government Resolution— Collateral Security; FEMA Form 112–0– 3c, Certification Regarding Lobbying; FEMA Form 009–0–15, Application for Loan Cancellation. Abstract: The loan package for the CDL Program provides Local governments that have suffered substantial loss of tax or other revenues as a result of a major disaster or emergency, the opportunity to obtain financial assistance in order to perform their governmental functions. The loan must be justified on the basis of need and actual expenses. Affected Public: State, local or Tribal Government. Number of Respondents: 360. Number of Responses: 360. Estimated Total Annual Burden Hours: 1,006.67 hours. VerDate Sep<11>2014 17:20 Apr 23, 2019 Jkt 247001 Estimated Total Annual Respondent Cost: $53,937.11. Estimated Respondents’ Operation and Maintenance Costs: $0. Estimated Respondents’ Capital and Start-Up Costs: $0. Estimated Total Annual Cost to the Federal Government: $1,022,264.28. Comments Comments may be submitted as indicated in the ADDRESSES caption above. Comments are solicited to (a) evaluate whether the proposed data collection is necessary for the proper performance of the agency, including whether the information shall have practical utility; (b) evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) enhance the quality, utility, and clarity of the information to be collected; and (d) minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. William H. Holzerland, Sr. Director of Information Management Division, Mission Support, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. 2019–08185 Filed 4–23–19; 8:45 am] BILLING CODE 9111–19–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. AGENCY: 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 near San Luis, Arizona. DATES: This determination takes effect on April 24, 2019. SUPPLEMENTARY INFORMATION: Important mission requirements of the Department of Homeland Security (‘‘DHS’’) include SUMMARY: PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 border security and the detection and prevention of illegal entry into the United States. Border security is critical to the nation’s national security. Recognizing the critical importance of border security, Congress has mandated DHS to achieve and maintain operational control of the international land border. Secure Fence Act of 2006, Public Law 109–367, section 2, 120 Stat. 2638 (Oct. 26, 2006) (8 U.S.C. 1701 note). Congress defined ‘‘operational control’’ as the prevention of all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband. Id. Consistent with that mandate from Congress, the President’s Executive Order on Border Security and Immigration Enforcement Improvements directed executive departments and agencies to deploy all lawful means to secure the southern border. Executive Order 13767, section 1. In order to achieve that end, the President directed, among other things, that I take immediate steps to prevent all unlawful entries into the United States, including the immediate construction of physical infrastructure to prevent illegal entry. Executive Order 13767, section 4(a). Congress has provided to the Secretary of Homeland Security a number of authorities necessary to carry out DHS’s border security mission. One of those authorities is found at section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as amended (‘‘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, section 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 mandated the installation of additional fencing, barriers, roads, lighting, cameras, and sensors on the southwest border. Finally, in section 102(c) of E:\FR\FM\24APN1.SGM 24APN1 Federal Register / Vol. 84, No. 79 / Wednesday, April 24, 2019 / Notices IIRIRA, Congress granted to the Secretary of Homeland Security 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. Determination and Waiver: jbell on DSK30RV082PROD with NOTICES Section 1 The United States Border Patrol’s Yuma Sector is an area of high illegal entry. In fiscal year 2018 alone, the United States Border Patrol (‘‘Border Patrol’’) apprehended over 26,000 illegal aliens in the Yuma Sector. In that same year Border Patrol seized approximately 8,100 pounds of marijuana, over 78 pounds of cocaine, over 102 pounds of heroin, and over 1,700 pounds of methamphetamine in the Yuma Sector. In order to satisfy the need for additional border infrastructure in the Yuma Sector, DHS will take action to replace existing barriers. The barrier replacement will occur within two segments of the border in the Yuma Sector. The two segments of the border within which such construction will occur are referred to herein as the ‘‘project area’’ and are more specifically described in Section 2 below. Congress provided funding for this project in the Fiscal Year 2018 DHS Appropriations Act, Public Law 115–141, Division F, Title II, section 230. The replacement of primary fencing within the project area will further Border Patrol’s ability to deter and prevent illegal crossings. The existing barriers were constructed between the early-to-mid 1990’s and mid-to-late 2000’s. The existing barriers will be replaced with an eighteen to thirty foot barrier that employs a more operationally effective design that is intended to meet Border Patrol’s operational requirements. In addition, DHS will, where necessary make improvements to existing roads within the project area. Section 2 I determine that the following areas in the vicinity of the United States border, located in the State of Arizona within the United States Border Patrol’s Yuma Sector, are areas of high illegal entry (the ‘‘project area’’): • Starting west of the intersection of County 211⁄2 Street and West Main Canal Road extending south and generally following the Colorado River approximately one and six tenths (1.6) miles to the point where the Colorado River crosses the international border between the United States and Mexico. • Starting approximately one mile west of the San Luis, Arizona Land Port VerDate Sep<11>2014 19:33 Apr 23, 2019 Jkt 247001 of Entry and extending east to approximately two and one half (2.5) miles east of Border Monument 198. There is presently an acute and immediate need to construct physical barriers and roads in the vicinity of the border of the United States in order to prevent unlawful entries into the United States in the project area, pursuant to sections 102(a) and 102(b) of IIRIRA. In order to ensure the expeditious construction of the barriers and roads in the project area, I have determined that it is necessary that I exercise the authority that is vested in me by section 102(c) of IIRIRA. Accordingly, pursuant to section 102(c) of IIRIRA, I hereby waive in their entirety, with respect to the construction of roads and physical 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 physical barriers, roads, supporting elements, drainage, erosion controls, safety features, lighting, cameras, and sensors) in the project area, all of the following statutes, including all federal, state, or other laws, regulations, and legal requirements of, deriving from, or related to the subject of, the following statutes, 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), as amended, repealed, or replaced by Pub. L. 113–287 (Dec. 19, 2014) (formerly codified at 16 U.S.C. 470 et seq., now codified at 54 U.S.C. 100101 note and 54 U.S.C. 300101 et seq.)); the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.); the Migratory Bird Conservation Act (16 U.S.C. 715 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 Paleontological Resources Preservation Act (16 U.S.C. 470aaa et seq.); the Federal Cave Resources Protection Act of 1988 (16 U.S.C. 4301 et seq.); the National Trails System Act (16 U.S.C. 1241 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 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 17185 Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.); the Archaeological and Historic Preservation Act (Pub. L. 86–523, as amended, repealed, or replaced by Pub. L. 113–287 (Dec. 19, 2014) (formerly codified at 16 U.S.C. 469 et seq., now codified at 54 U.S.C. 312502 et seq.)); the Antiquities Act (formerly codified at 16 U.S.C. 431 et seq., now codified 54 U.S.C. 320301 et seq.); the Historic Sites, Buildings, and Antiquities Act (formerly codified at 16 U.S.C. 461 et seq., now codified at 54 U.S.C. 3201– 320303 and 320101–320106); 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 Federal Land Policy and Management Act (Pub L. 94–579 (43 U.S.C. 1701 et seq.)); National 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 Wild Horse and Burro Act (16 U.S.C. 1331 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 Military Lands Withdrawal Act of 1999 (Pub L. 106–65, 113 Stat. 885); the Sikes Act (16 U.S.C. 670, et seq.); and 43 U.S.C. § 387. This waiver does not revoke or supersede previous waivers published in the Federal Register on January 19, 2007 (72 FR 2535) and April 8, 2008 (73 FR 19078) which shall remain in full force and effect in accordance with their terms. I reserve the authority to execute further waivers from time to time as I may determine to be necessary under section 102 of IIRIRA. Dated: April 18, 2019. Kevin K. McAleenan, Acting Secretary of Homeland Security. [FR Doc. 2019–08289 Filed 4–23–19; 8:45 am] BILLING CODE 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. AGENCY: E:\FR\FM\24APN1.SGM 24APN1

Agencies

[Federal Register Volume 84, Number 79 (Wednesday, April 24, 2019)]
[Notices]
[Pages 17184-17185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08289]


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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

AGENCY: Office of the Secretary, Department of Homeland Security.

ACTION: Notice of determination.

-----------------------------------------------------------------------

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 
near San Luis, Arizona.

DATES: This determination takes effect on April 24, 2019.

SUPPLEMENTARY INFORMATION: Important mission requirements of the 
Department of Homeland Security (``DHS'') include border security and 
the detection and prevention of illegal entry into the United States. 
Border security is critical to the nation's national security. 
Recognizing the critical importance of border security, Congress has 
mandated DHS to achieve and maintain operational control of the 
international land border. Secure Fence Act of 2006, Public Law 109-
367, section 2, 120 Stat. 2638 (Oct. 26, 2006) (8 U.S.C. 1701 note). 
Congress defined ``operational control'' as the prevention of all 
unlawful entries into the United States, including entries by 
terrorists, other unlawful aliens, instruments of terrorism, narcotics, 
and other contraband. Id. Consistent with that mandate from Congress, 
the President's Executive Order on Border Security and Immigration 
Enforcement Improvements directed executive departments and agencies to 
deploy all lawful means to secure the southern border. Executive Order 
13767, section 1. In order to achieve that end, the President directed, 
among other things, that I take immediate steps to prevent all unlawful 
entries into the United States, including the immediate construction of 
physical infrastructure to prevent illegal entry. Executive Order 
13767, section 4(a).
    Congress has provided to the Secretary of Homeland Security a 
number of authorities necessary to carry out DHS's border security 
mission. One of those authorities is found at section 102 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as 
amended (``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, section 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, Sec.  
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 mandated the installation 
of additional fencing, barriers, roads, lighting, cameras, and sensors 
on the southwest border. Finally, in section 102(c) of

[[Page 17185]]

IIRIRA, Congress granted to the Secretary of Homeland Security 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.

Determination and Waiver:

Section 1

    The United States Border Patrol's Yuma Sector is an area of high 
illegal entry. In fiscal year 2018 alone, the United States Border 
Patrol (``Border Patrol'') apprehended over 26,000 illegal aliens in 
the Yuma Sector. In that same year Border Patrol seized approximately 
8,100 pounds of marijuana, over 78 pounds of cocaine, over 102 pounds 
of heroin, and over 1,700 pounds of methamphetamine in the Yuma Sector.
    In order to satisfy the need for additional border infrastructure 
in the Yuma Sector, DHS will take action to replace existing barriers. 
The barrier replacement will occur within two segments of the border in 
the Yuma Sector. The two segments of the border within which such 
construction will occur are referred to herein as the ``project area'' 
and are more specifically described in Section 2 below. Congress 
provided funding for this project in the Fiscal Year 2018 DHS 
Appropriations Act, Public Law 115-141, Division F, Title II, section 
230.
    The replacement of primary fencing within the project area will 
further Border Patrol's ability to deter and prevent illegal crossings. 
The existing barriers were constructed between the early-to-mid 1990's 
and mid-to-late 2000's. The existing barriers will be replaced with an 
eighteen to thirty foot barrier that employs a more operationally 
effective design that is intended to meet Border Patrol's operational 
requirements. In addition, DHS will, where necessary make improvements 
to existing roads within the project area.

Section 2

    I determine that the following areas in the vicinity of the United 
States border, located in the State of Arizona within the United States 
Border Patrol's Yuma Sector, are areas of high illegal entry (the 
``project area''):
     Starting west of the intersection of County 21\1/2\ Street 
and West Main Canal Road extending south and generally following the 
Colorado River approximately one and six tenths (1.6) miles to the 
point where the Colorado River crosses the international border between 
the United States and Mexico.
     Starting approximately one mile west of the San Luis, 
Arizona Land Port of Entry and extending east to approximately two and 
one half (2.5) miles east of Border Monument 198.
    There is presently an acute and immediate need to construct 
physical barriers and roads in the vicinity of the border of the United 
States in order to prevent unlawful entries into the United States in 
the project area, pursuant to sections 102(a) and 102(b) of IIRIRA. In 
order to ensure the expeditious construction of the barriers and roads 
in the project area, I have determined that it is necessary that I 
exercise the authority that is vested in me by section 102(c) of 
IIRIRA.
    Accordingly, pursuant to section 102(c) of IIRIRA, I hereby waive 
in their entirety, with respect to the construction of roads and 
physical 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 
physical barriers, roads, supporting elements, drainage, erosion 
controls, safety features, lighting, cameras, and sensors) in the 
project area, all of the following statutes, including all federal, 
state, or other laws, regulations, and legal requirements of, deriving 
from, or related to the subject of, the following statutes, 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), as 
amended, repealed, or replaced by Pub. L. 113-287 (Dec. 19, 2014) 
(formerly codified at 16 U.S.C. 470 et seq., now codified at 54 U.S.C. 
100101 note and 54 U.S.C. 300101 et seq.)); the Migratory Bird Treaty 
Act (16 U.S.C. 703 et seq.); the Migratory Bird Conservation Act (16 
U.S.C. 715 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 Paleontological Resources Preservation Act (16 U.S.C. 
470aaa et seq.); the Federal Cave Resources Protection Act of 1988 (16 
U.S.C. 4301 et seq.); the National Trails System Act (16 U.S.C. 1241 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, as amended, repealed, or replaced by 
Pub. L. 113-287 (Dec. 19, 2014) (formerly codified at 16 U.S.C. 469 et 
seq., now codified at 54 U.S.C. 312502 et seq.)); the Antiquities Act 
(formerly codified at 16 U.S.C. 431 et seq., now codified 54 U.S.C. 
320301 et seq.); the Historic Sites, Buildings, and Antiquities Act 
(formerly codified at 16 U.S.C. 461 et seq., now codified at 54 U.S.C. 
3201-320303 and 320101-320106); 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 Federal Land Policy and Management Act (Pub 
L. 94-579 (43 U.S.C. 1701 et seq.)); National 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 Wild 
Horse and Burro Act (16 U.S.C. 1331 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 Military Lands Withdrawal Act of 1999 (Pub L. 106-65, 113 
Stat. 885); the Sikes Act (16 U.S.C. 670, et seq.); and 43 U.S.C. Sec.  
387.
    This waiver does not revoke or supersede previous waivers published 
in the Federal Register on January 19, 2007 (72 FR 2535) and April 8, 
2008 (73 FR 19078) which shall remain in full force and effect in 
accordance with their terms. I reserve the authority to execute further 
waivers from time to time as I may determine to be necessary under 
section 102 of IIRIRA.

    Dated: April 18, 2019.
Kevin K. McAleenan,
Acting Secretary of Homeland Security.
[FR Doc. 2019-08289 Filed 4-23-19; 8:45 am]
 BILLING CODE P
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