Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended, 21801-21803 [2019-10078]

Download as PDF Federal Register / Vol. 84, No. 94 / Wednesday, May 15, 2019 / Notices jbell on DSK3GLQ082PROD with NOTICES specifically described in Section 2 below. The existing vehicle barriers within the project area no longer satisfy the Border Patrol’s operational needs. Transnational criminal organizations known for smuggling drugs into United States from Mexico are known to operate in the area. Further, due to the close proximity of urban areas on both sides of the border, the El Centro Sector experiences some of the quickest vanishing times—that is, the time it takes to illegally cross into the United States and assimilate into local, legitimate traffic—on the border. The vanishing times facilitate the illegal activities of transnational criminal organizations, whether they are smuggling people or narcotics. Therefore, the Border Patrol requires a more effective barrier. The existing vehicle barriers will be replaced with an 18 to 30 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 Centro 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 area in the vicinity of the United States border, located in the State of California within the Border Patrol’s El Centro Sector, is an area of high illegal entry (the ‘‘project area’’): Starting at Border Monument 229 and extending east to approximately one and one-half miles (1.5) west of Border Monument 223. 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 VerDate Sep<11>2014 22:43 May 14, 2019 Jkt 247001 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 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, 128 Stat. 3094 (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, 93 Stat. 721 (Oct. 31, 1979) (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 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, 74 Stat. 220 (June 27, 1960) as amended, repealed, or replaced by Public Law113–287, 128 Stat. 3094 (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 & 320101–320106); the Farmland Protection Policy Act (7 U.S.C. 4201 et seq.); the Federal Land PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 21801 Policy and Management Act (Pub. L. 94–579, 90 Stat. 2743 (Oct. 21, 1976) (43 U.S.C. 1701 et seq.)); National Fish and Wildlife Act of 1956 (Pub. L. 84–1024, 70 Stat. 1119 (Aug. 8, 1956) (16 U.S.C. 742a, et seq.)); the Fish and Wildlife Coordination Act (Pub. L. 73–121, 48 Stat. 401 (March 10, 1934) (16 U.S.C. 661 et seq.)); the National Trails System Act (16 U.S.C. 1241 et seq.); the Administrative Procedure Act (5 U.S.C. 551 et seq.); the Wild Horse and Burro Act (16 U.S.C. 1331 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); 43 U.S.C. 387; the Wilderness Act (Pub. L. 88–577, 78 Stat. 890 (Sept. 3, 1964) (16 U.S.C. 1131 et seq.)); and sections 102(29) and 103 of Title I of the California Desert Protection Act (Pub. L. 103–433, 108 Stat. 4471 (Oct. 31, 1994)). 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. Kevin K. McAleenan, Acting Secretary of Homeland Security. [FR Doc. 2019–10080 Filed 5–14–19; 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 near Tecate and Calexico, California. SUMMARY: This determination takes effect on May 15, 2019. SUPPLEMENTARY INFORMATION: Important mission requirements of the Department DATES: E:\FR\FM\15MYN1.SGM 15MYN1 jbell on DSK3GLQ082PROD with NOTICES 21802 Federal Register / Vol. 84, No. 94 / Wednesday, May 15, 2019 / Notices 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, 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, § 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, § 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 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, 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 VerDate Sep<11>2014 22:43 May 14, 2019 Jkt 247001 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 (Border Patrol) San Diego and El Centro Sectors are areas of high illegal entry. In fiscal year 2018 alone, the Border Patrol apprehended over 38,000 illegal aliens attempting to enter the United States between border crossings in the San Diego Sector. In that same year, the Border Patrol had over 500 separate drug-related events between border crossings in the San Diego Sector, through which it seized approximately 8,700 pounds of marijuana, approximately 1,800 pounds of cocaine, over 175 pounds of heroin, and over 5,100 pounds of methamphetamine. In fiscal year 2018, the Border Patrol apprehended over 29,000 illegal aliens attempting to enter the United States between border crossings in the El Centro Sector. Also in fiscal year 2018, the Border Patrol had approximately 200 separate drug-related events between border crossings in the El Centro Sector, through which it seized over 620 pounds of marijuana, over 165 pounds of cocaine, over 56 pounds of heroin, and over 1,600 pounds of methamphetamine. Due to the high levels of illegal entry within the San Diego and El Centro Sectors, I must use my authority under section 102 of IIRIRA to install additional physical barriers and roads in the San Diego and El Centro Sectors. Therefore, DHS will take immediate action to replace existing barriers in the San Diego and El Centro Sectors. The segments of the border within which such construction will occur are referred to herein as the ‘‘project areas’’ and are more specifically described in Section 2 below. Congress provided funding for these projects in the Fiscal Year 2018 DHS Appropriations Act, Public Law 115–141, Division F, Title II, § 230. The replacement of primary fencing within the project areas will further the Border Patrol’s ability to deter and prevent illegal crossings. The existing barriers were constructed between the early-to-mid 1990s and mid-to-late 2000s. The existing barriers will be replaced with 18 to 30 foot barriers that employ a more operationally effective design that is intended to meet the Border Patrol’s operational PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 requirements. In addition, DHS will, where necessary, make improvements to existing roads within the project areas. Section 2 I determine that the following areas in the vicinity of the United States border, located in the State of California within the Border Patrol’s San Diego and El Centro Sectors, are areas of high illegal entry (the ‘‘project areas’’): • Within the San Diego Sector, starting approximately one mile west of Border Monument 245 and extending east to approximately one mile east of Border Monument 243; • Within the El Centro Sector, starting approximately one and one-half (1.5) miles west of Border Monument 223 and extending east approximately eight miles; and • Within the El Centro Sector, starting at Border Monument 221 and extending east to Border Monument 219. 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 areas 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 areas, 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 areas, 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 areas, 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 E:\FR\FM\15MYN1.SGM 15MYN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 94 / Wednesday, May 15, 2019 / Notices 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, 93 Stat. 721 (Oct. 31, 1979) (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, 74 Stat. 220 (June 27, 1960) as amended, repealed, or replaced by Pub. L. 113–287, 128 Stat. 3094 (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 & 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, 90 Stat. 2743 (Oct. 21, 1976) (43 U.S.C. 1701 et seq.)); National Fish and Wildlife Act of 1956 (Pub. L. 84–1024, 70 Stat. 1119 (Aug. 8, 1956) (16 U.S.C. 742a, et seq.)); the Fish and Wildlife Coordination Act (Pub. L. 73–121, 48 Stat. 401 (March 10, 1934) (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); and 43 U.S.C. 387. This waiver does not revoke or supersede the previous waivers published in the Federal Register on April 8, 2008 (73 FR 19078), and on September 12, 2017 (82 FR 42829), which shall remain in full force and effect in accordance with their terms. I reserve the authority to execute further VerDate Sep<11>2014 22:43 May 14, 2019 Jkt 247001 waivers from time to time as I may determine to be necessary under section 102 of IIRIRA. Kevin K. McAleenan, Acting Secretary of Homeland Security. [FR Doc. 2019–10078 Filed 5–14–19; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF THE INTERIOR National Park Service [NPS–WASO–NAGPRA–NPS0027788: PPWOCRADN0–PCU00RP14.R50000] Notice of Inventory Completion: Kansas State Historical Society, Topeka, KS National Park Service, Interior. ACTION: Notice. AGENCY: The Kansas State Historical Society has completed an inventory of human remains and associated funerary objects, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is a cultural affiliation between the human remains and associated funerary objects and present-day Indian Tribes or Native Hawaiian organizations. Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request to the Kansas State Historical Society. If no additional requestors come forward, transfer of control of the human remains and associated funerary objects to the lineal descendants, Indian Tribes, or Native Hawaiian organizations stated in this notice may proceed. DATES: Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request with information in support of the request to the Kansas State Historical Society at the address in this notice by June 14, 2019. ADDRESSES: Dr. Robert J. Hoard, Kansas State Historical Society, 6425 SW 6th Avenue, Topeka, KS 66615, telephone (785) 272–8681 Ext. 269, email Robert.Hoard@ks.gov. SUPPLEMENTARY INFORMATION: Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. SUMMARY: PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 21803 3003, of the completion of an inventory of human remains and associated funerary objects under the control of the Kansas State Historical Society, Topeka, KS. The human remains and associated funerary objects were removed from archeological site 14RP1, Republic County, KS. This notice is published as part of the National Park Service’s administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains and associated funerary objects. The National Park Service is not responsible for the determinations in this notice. Consultation A detailed assessment of the human remains was made by the Kansas State Historical Society professional staff in consultation with representatives of the Pawnee Nation of Oklahoma. History and Description of the Remains Removal of human remains and associated funerary objects from the Pawnee Indian Village site (also known as Kansas Monument site and Kansas archeological site number 14RP1) occurred in several instances. In 1996 and 1997, human remains representing, at minimum, seven individuals were removed from archeological site 14RP1, the Pawnee Indian Village site, in Republic County, KS. The human remains and associated funerary objects were taken from burial pits within and near the site. Some of the burial had been disturbed variously, by intentional looting and excavation by professional archeologists before burial law protection had been enacted. Burial 1 consists of one adult represented by 38 skeletal elements. Burial 2 consists of one adult represented by fragmentary cranial bones, phalanges, mandible fragments, long bone diaphysis, and teeth. Burial 3 consists of one adult male represented by 74 badly damaged and decomposed cranial elements, long bones, and scapula, clavicle, and pelvic elements. Burial 4 consists of one adult represented by fragmented long bones and a patella. Burial 5 consists of one adult female represented by over 140 small bone fragments that include one pelvic fragment and several identifiable long bone fragments. Burial 6 consists of one four-to-six month old infant represented by 15 bone fragments and two teeth. Burial 7 consists of seven element fragments. No known individuals were identified. The 90 associated funerary objects include one chipped stone scraper, ochre, flakes, E:\FR\FM\15MYN1.SGM 15MYN1

Agencies

[Federal Register Volume 84, Number 94 (Wednesday, May 15, 2019)]
[Notices]
[Pages 21801-21803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10078]


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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 Tecate and Calexico, California.

DATES: This determination takes effect on May 15, 2019.

SUPPLEMENTARY INFORMATION: Important mission requirements of the 
Department

[[Page 21802]]

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, 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, Sec.  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, Sec.  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 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, 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 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 (Border Patrol) San Diego and El 
Centro Sectors are areas of high illegal entry. In fiscal year 2018 
alone, the Border Patrol apprehended over 38,000 illegal aliens 
attempting to enter the United States between border crossings in the 
San Diego Sector. In that same year, the Border Patrol had over 500 
separate drug-related events between border crossings in the San Diego 
Sector, through which it seized approximately 8,700 pounds of 
marijuana, approximately 1,800 pounds of cocaine, over 175 pounds of 
heroin, and over 5,100 pounds of methamphetamine. In fiscal year 2018, 
the Border Patrol apprehended over 29,000 illegal aliens attempting to 
enter the United States between border crossings in the El Centro 
Sector. Also in fiscal year 2018, the Border Patrol had approximately 
200 separate drug-related events between border crossings in the El 
Centro Sector, through which it seized over 620 pounds of marijuana, 
over 165 pounds of cocaine, over 56 pounds of heroin, and over 1,600 
pounds of methamphetamine.
    Due to the high levels of illegal entry within the San Diego and El 
Centro Sectors, I must use my authority under section 102 of IIRIRA to 
install additional physical barriers and roads in the San Diego and El 
Centro Sectors. Therefore, DHS will take immediate action to replace 
existing barriers in the San Diego and El Centro Sectors. The segments 
of the border within which such construction will occur are referred to 
herein as the ``project areas'' and are more specifically described in 
Section 2 below. Congress provided funding for these projects in the 
Fiscal Year 2018 DHS Appropriations Act, Public Law 115-141, Division 
F, Title II, Sec.  230.
    The replacement of primary fencing within the project areas will 
further the Border Patrol's ability to deter and prevent illegal 
crossings. The existing barriers were constructed between the early-to-
mid 1990s and mid-to-late 2000s. The existing barriers will be replaced 
with 18 to 30 foot barriers that employ a more operationally effective 
design that is intended to meet the Border Patrol's operational 
requirements. In addition, DHS will, where necessary, make improvements 
to existing roads within the project areas.

Section 2

    I determine that the following areas in the vicinity of the United 
States border, located in the State of California within the Border 
Patrol's San Diego and El Centro Sectors, are areas of high illegal 
entry (the ``project areas''):
     Within the San Diego Sector, starting approximately one 
mile west of Border Monument 245 and extending east to approximately 
one mile east of Border Monument 243;
     Within the El Centro Sector, starting approximately one 
and one-half (1.5) miles west of Border Monument 223 and extending east 
approximately eight miles; and
     Within the El Centro Sector, starting at Border Monument 
221 and extending east to Border Monument 219.
    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 areas 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 areas, 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 
areas, 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 areas, 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

[[Page 21803]]

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, 93 Stat. 721 (Oct. 31, 1979) 
(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, 74 Stat. 
220 (June 27, 1960) as amended, repealed, or replaced by Pub. L. 113-
287, 128 Stat. 3094 (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 & 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, 90 Stat. 2743 (Oct. 21, 1976) (43 U.S.C. 1701 et seq.)); 
National Fish and Wildlife Act of 1956 (Pub. L. 84-1024, 70 Stat. 1119 
(Aug. 8, 1956) (16 U.S.C. 742a, et seq.)); the Fish and Wildlife 
Coordination Act (Pub. L. 73-121, 48 Stat. 401 (March 10, 1934) (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); and 43 U.S.C. 387.
    This waiver does not revoke or supersede the previous waivers 
published in the Federal Register on April 8, 2008 (73 FR 19078), and 
on September 12, 2017 (82 FR 42829), 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.

Kevin K. McAleenan,
Acting Secretary of Homeland Security.
[FR Doc. 2019-10078 Filed 5-14-19; 8:45 am]
 BILLING CODE 9111-14-P

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