Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended, 17185-17187 [2019-08290]

Download as PDF 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 17186 Federal Register / Vol. 84, No. 79 / Wednesday, April 24, 2019 / Notices 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 in Luna County, New Mexico and Don˜a Ana County, New Mexico. 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, section 564, 121 Stat. 2090 (Dec. 26, jbell on DSK30RV082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:20 Apr 23, 2019 Jkt 247001 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 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 El Paso Sector is an area of high illegal entry. In fiscal year 2018, the United States Border Patrol (‘‘Border Patrol’’) apprehended over 31,000 illegal aliens attempting to enter the United States between border crossings in the El Paso Sector. Also in fiscal year 2018, the Border Patrol had over 700 separate drug-related events between border crossings in the El Paso Sector, through which it seized over 15,000 pounds of marijuana, over 342 pounds of cocaine, over 40 pounds of heroin, and over 200 pounds of methamphetamine. Additionally, Luna County, New Mexico, and Don˜a Ana County, New Mexico, which are located in the El Paso Sector, have been identified as High Intensity Drug Trafficking Areas by the Office of National Drug Control Policy. Due to the high levels of illegal entry of people and drugs within the El Paso Sector, I must use my authority under Section 102 of IIRIRA to install additional physical barriers and roads in the El Paso Sector. Therefore, DHS will take immediate action to replace existing vehicle barriers in the El Paso Sector. The project will occur within two segments of the border in the El Paso Sector. One segment is west of the Columbus, New Mexico Land Port of Entry, and the other segment is located to the east of the Columbus New Mexico Land Port of Entry. The segments within which such construction will occur are referred to herein as the ‘‘project area’’ and are more specifically described in Section 2 below. The existing vehicle barriers within the project area no longer meet the United States Border Patrol’s PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 operational needs. The construction of vehicle barriers in the project area initially curtailed illegal vehicular crossings. However, transnational criminal organizations have adapted their tactics by smuggling illicit cargo by foot, cutting the barrier, or driving over it, which has prompted the need for the construction of a more effective barrier. The existing vehicle barriers will be replaced with an eighteen to thirty foot barrier that employs a more operationally effective design. In addition, roads will be constructed or improved and lighting will be installed. To support DHS’s action under Section 102 of IIRIRA, DHS requested that the Department of Defense, pursuant to 10 U.S.C. 284(b)(7), assist by constructing fence, roads, and lighting within the El Paso Sector in order to block drug smuggling corridors across the international boundary between the United States and Mexico. The Acting Secretary of Defense has concluded that the support requested satisfies the statutory requirements of 10 U.S.C. 284(b)(7) and that the Department of Defense will provide such support in the project area described in Section 2 below. Section 2 I determine that the following areas in the vicinity of the United States border, located in the State of New Mexico within the United States Border Patrol’s El Paso Sector, are areas of high illegal entry (the ‘‘project area’’): • Starting at Border Monument 31 and extending east to Border Monument 23. • Starting at approximately one (1) mile west of Border Monument 20 and extending east to Border Monument 9. 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 physical barriers and roads (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 E:\FR\FM\24APN1.SGM 24APN1 jbell on DSK30RV082PROD with NOTICES Federal Register / Vol. 84, No. 79 / Wednesday, April 24, 2019 / Notices 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 Public Law 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 National Trails System Act (16 U.S.C. 1241 et seq.); the Federal Cave Resources Protection Act of 1988 (16 U.S.C. 4301 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 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 Eagle Protection Act (16 VerDate Sep<11>2014 17:20 Apr 23, 2019 Jkt 247001 U.S.C. 668 et seq.); the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); and the American Indian Religious Freedom Act (42 U.S.C. 1996). This waiver does not revoke or supersede the previous waiver published in the Federal Register on April 8, 2008 (73 FR 19078), which shall remain in full force and effect in accordance with its 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. 2019–08290 Filed 4–23–19; 8:45 am] BILLING CODE 9111–14–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 in Yuma County, 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 SUMMARY: PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 17187 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, section 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 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 United States Border Patrol’s Yuma Sector is an area of high illegal entry. In fiscal year 2018, the United States Border Patrol (‘‘Border Patrol’’) apprehended over 26,000 illegal aliens attempting to enter the United States between border crossings in the Yuma Sector. Also in fiscal year 2018, the Border Patrol had over 1,400 separate drug-related events between border E:\FR\FM\24APN1.SGM 24APN1

Agencies

[Federal Register Volume 84, Number 79 (Wednesday, April 24, 2019)]
[Notices]
[Pages 17185-17187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08290]


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

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.

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

[[Page 17186]]

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 in 
Luna County, New Mexico and Do[ntilde]a Ana County, New Mexico.

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, section 
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 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 El Paso Sector is an area of high 
illegal entry. In fiscal year 2018, the United States Border Patrol 
(``Border Patrol'') apprehended over 31,000 illegal aliens attempting 
to enter the United States between border crossings in the El Paso 
Sector. Also in fiscal year 2018, the Border Patrol had over 700 
separate drug-related events between border crossings in the El Paso 
Sector, through which it seized over 15,000 pounds of marijuana, over 
342 pounds of cocaine, over 40 pounds of heroin, and over 200 pounds of 
methamphetamine. Additionally, Luna County, New Mexico, and Do[ntilde]a 
Ana County, New Mexico, which are located in the El Paso Sector, have 
been identified as High Intensity Drug Trafficking Areas by the Office 
of National Drug Control Policy.
    Due to the high levels of illegal entry of people and drugs within 
the El Paso Sector, I must use my authority under Section 102 of IIRIRA 
to install additional physical barriers and roads in the El Paso 
Sector. Therefore, DHS will take immediate action to replace existing 
vehicle barriers in the El Paso Sector. The project will occur within 
two segments of the border in the El Paso Sector. One segment is west 
of the Columbus, New Mexico Land Port of Entry, and the other segment 
is located to the east of the Columbus New Mexico Land Port of Entry. 
The segments within which such construction will occur are referred to 
herein as the ``project area'' and are more specifically described in 
Section 2 below.
    The existing vehicle barriers within the project area no longer 
meet the United States Border Patrol's operational needs. The 
construction of vehicle barriers in the project area initially 
curtailed illegal vehicular crossings. However, transnational criminal 
organizations have adapted their tactics by smuggling illicit cargo by 
foot, cutting the barrier, or driving over it, which has prompted the 
need for the construction of a more effective barrier. The existing 
vehicle barriers will be replaced with an eighteen to thirty foot 
barrier that employs a more operationally effective design. In 
addition, roads will be constructed or improved and lighting will be 
installed.
    To support DHS's action under Section 102 of IIRIRA, DHS requested 
that the Department of Defense, pursuant to 10 U.S.C. 284(b)(7), assist 
by constructing fence, roads, and lighting within the El Paso Sector in 
order to block drug smuggling corridors across the international 
boundary between the United States and Mexico. The Acting Secretary of 
Defense has concluded that the support requested satisfies the 
statutory requirements of 10 U.S.C. 284(b)(7) and that the Department 
of Defense will provide such support in the project area described in 
Section 2 below.

Section 2

    I determine that the following areas in the vicinity of the United 
States border, located in the State of New Mexico within the United 
States Border Patrol's El Paso Sector, are areas of high illegal entry 
(the ``project area''):
     Starting at Border Monument 31 and extending east to 
Border Monument 23.
     Starting at approximately one (1) mile west of Border 
Monument 20 and extending east to Border Monument 9.
    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 physical 
barriers and roads (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

[[Page 17187]]

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 Public Law 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 National Trails System Act (16 U.S.C. 1241 et 
seq.); the Federal Cave Resources Protection Act of 1988 (16 U.S.C. 
4301 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 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 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.); and the American Indian Religious Freedom Act (42 U.S.C. 1996).
    This waiver does not revoke or supersede the previous waiver 
published in the Federal Register on April 8, 2008 (73 FR 19078), which 
shall remain in full force and effect in accordance with its 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. 2019-08290 Filed 4-23-19; 8:45 am]
 BILLING CODE 9111-14-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.