Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended, 21798-21800 [2019-10079]

Download as PDF 21798 Federal Register / Vol. 84, No. 94 / Wednesday, May 15, 2019 / Notices Executive Boulevard, Rockville, MD 20852 (Telephone Conference Call). Contact Person: Ipolia R. Ramadan, Ph.D., Scientific Review Officer, Office of Extramural Policy and Review, Division of Extramural Research, National Institute on Drug Abuse, NIH, DHHS, 6001 Executive Boulevard, Room 4228, MSC 9550, Bethesda, MD 20892, 301–827–5842, ramadanir@ mail.nih.gov. Name of Committee: National Institute on Drug Abuse Special Emphasis Panel; NIH Pathway to Independence Award (K99/R00). Date: June 5, 2019. Time: 1:00 p.m. to 5:00 p.m. Agenda: To review and evaluate grant applications. Place: National Institutes of Health, Neuroscience Center Building (NSC), 6001 Executive Boulevard, Rockville, MD 20852 (Telephone Conference Call). Contact Person: Susan O. McGuire, Ph.D., Scientific Review Officer, Office of Extramural Policy and Review, National Institute on Drug Abuse, National Institutes of Health, DHHS, 6001 Executive Blvd., Room 4245, Rockville, MD 20852, (301) 827– 5817, mcguireso@mail.nih.gov. (Catalogue of Federal Domestic Assistance Program Nos.: 93.279, Drug Abuse and Addiction Research Programs, National Institutes of Health, HHS) Dated: May 10, 2019. Natasha M. Copeland, Program Analyst, Office of Federal Advisory Committee Policy. [FR Doc. 2019–10064 Filed 5–14–19; 8:45 am] BILLING CODE 4140–01–P The 2019 tariff-rate quota is applicable to tuna in airtight containers entered, or withdrawn from warehouse, for consumption during the period January 1, 2019 through December 31, 2019. DATES: Julia Peterson, Headquarters Quota and Agricultural Branch, Interagency Collaboration Division, Trade Policy and Programs, Office of Trade, U.S. Customs and Border Protection, Washington, DC 20229–1155, (202) 384– 8905. FOR FURTHER INFORMATION CONTACT: Background It has been determined that 14,945,117 kilograms of tuna in airtight containers may be entered, or withdrawn from warehouse, for consumption during Calendar Year 2019, at the rate of 6.0 percent ad valorem under subheading 1604.14.22, Harmonized Tariff Schedule of the United States (HTSUS). Any such tuna which is entered, or withdrawn from warehouse, for consumption during the current calendar year in excess of this quota will be dutiable at the rate of 12.5 percent ad valorem under subheading 1604.14.30, HTSUS. Dated: May 9, 2019. Brenda Smith, Executive Assistant Commissioner, Office of Trade. [FR Doc. 2019–10012 Filed 5–14–19; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection DEPARTMENT OF HOMELAND SECURITY [CBP Dec. 19–04] Office of the Secretary Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended Tuna Tariff-Rate Quota for Calendar Year 2019 Tuna Classifiable Under Subheading 1604.14.22, Harmonized Tariff Schedule of the United States (HTSUS) Office of the Secretary, Department of Homeland Security. ACTION: Notice of determination. AGENCY: U.S. Customs and Border Protection, Department of Homeland Security. ACTION: Announcement of the quota quantity of tuna in airtight containers for Calendar Year 2019. AGENCY: Each year, the tariff-rate quota for tuna described in subheading 1604.14.22, Harmonized Tariff Schedule of the United States (HTSUS), is calculated as a percentage of the tuna in airtight containers entered, or withdrawn from warehouse, for consumption during the preceding calendar year. This document sets forth the tariff-rate quota for Calendar Year 2019. jbell on DSK3GLQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 22:43 May 14, 2019 Jkt 247001 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 Cochise County and Pima County, Arizona. DATES: This determination takes effect on May 15, 2019. SUPPLEMENTARY INFORMATION: Important mission requirements of the Department of Homeland Security (‘‘DHS’’) include border security and the detection and SUMMARY: PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 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 IIRIRA, Congress granted to the Secretary of Homeland Security the E:\FR\FM\15MYN1.SGM 15MYN1 Federal Register / Vol. 84, No. 94 / Wednesday, May 15, 2019 / Notices 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. jbell on DSK3GLQ082PROD with NOTICES Determination and Waiver Section 1 The United States Border Patrol’s (Border Patrol) Tucson Sector is an area of high illegal entry. In fiscal year 2018, the Border Patrol apprehended over 52,000 illegal aliens attempting to enter the United States between border crossings in the Tucson Sector. Also in fiscal year 2018, the Border Patrol had over 1,900 separate drug-related events between border crossings in the Tucson Sector, through which it seized over 134,000 pounds of marijuana, 62 pounds of cocaine, over 91 pounds of heroin, and over 902 pounds of methamphetamine. Additionally, Cochise and Pima Counties, which are within the Tucson Sector, have been identified as High Intensity Drug Trafficking Areas by the Office of National Drug Control Policy. During the high levels of illegal entry of people and drugs within the Tucson Sector, I must use my authority under Section 102 of IIRIRA to install additional physical barriers and roads in the Tucson Sector. Therefore, DHS will take immediate action to replace existing barriers in the Tucson Sector. Construction will occur along four separate segments of the border, which are referred to herein as the ‘‘project areas’’ and more specifically described in Section 2 below. The existing barriers within the project areas include both vehicle fencing and outmoded pedestrian fencing that no longer satisfy Border Patrol’s operational needs. Transnational criminal organizations known for smuggling drugs and aliens into United States from Mexico are known to operate in the area. These transnational criminal organizations have been able to use the lack of adequate infrastructure and the surrounding terrain, which provides high ground for scouts seeking to protect and warn smugglers moving through the area, to their advantage. Therefore, Border Patrol requires a more effective barrier. The existing vehicle barriers and outmoded pedestrian fencing 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, VerDate Sep<11>2014 22:43 May 14, 2019 Jkt 247001 pursuant to 10 U.S.C. 284(b)(7), assist by constructing fence, roads, and lighting within the Tucson 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 areas 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 Arizona within the United States Border Patrol’s Tucson Sector, are areas of high illegal entry (the ‘‘project areas’’): • Starting approximately one-half (.5) mile west of Border Monument 178 and extending east to Border Monument 162; • Starting at Border Monument 100 and extending east for approximately one (1) mile; • Starting at Border Monument 98 and extending east to Border Monument 97; and • Starting approximately one-half (.5) mile west of Border Monument 83 and extending east to Border Monument 74. 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 physical barriers and roads (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 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 21799 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 Law 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); Wild and Scenic Rivers Act (Pub. L. 90– 542, 82 Stat. 906 (Oct. 2, 1968) (16 U.S.C. 1271 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.)); the Wilderness Act (Pub. L. 88–577, 78 Stat. 890 (Sept. 3, 1964) (16 U.S.C. 1131 et seq.)); 43 U.S.C. 387; the National Wildlife Refuge System Administration Act (Pub. L. 89–669, 80 Stat. 926 (Oct. 15, 1966) (16 U.S.C. 668dd–668ee)); 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. E:\FR\FM\15MYN1.SGM 15MYN1 21800 Federal Register / Vol. 84, No. 94 / Wednesday, May 15, 2019 / Notices 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 National Park Service Organic Act and the National Park Service General Authorities Act (Pub. L. 64–235, 39 Stat. 535 (Aug. 25, 1916) and Public Law 91– 383, 84 Stat. 825 (Aug. 18, 1970) as amended, repealed, or replaced by Public Law 113–287, 128 Stat. 3094 (Dec. 19, 2014) (formerly codified at 16 U.S.C. 1, 2–4 and 16 U.S.C. 1a–1 et seq., now codified at 54 U.S.C. 100101– 100102, 54 U.S.C. 100301–100303, 54 U.S.C. 100501–100507, 54 U.S.C. 100701–100707, 54 U.S.C. 100721– 100725, 54 U.S.C. 100751–100755, 54 U.S.C. 100901–100906, 54 U.S.C. 102101–102102)); Sections 401(7), 403, and 404 of the National Parks and Recreation Act of 1978 (Pub. L. 95–625, 92 Stat. 3467 (Nov. 10, 1978)); 50 Stat. 1827 (April 13, 1937); Sections 301(a)– (f) of the Arizona Desert Wilderness Act (Pub. L. 101–628, 104 Stat. 4469 (Nov. 28, 1990)); Arizona-Idaho Conservation Act of 1988 (Pub. L. 100–696, 102 Stat. 4571 (Nov. 18, 1988) (16 U.S.C. 460xx)); 16 U.S.C. 450y (Pub. L. 77–216, 55 Stat. 630 (Aug. 18, 1941), as amended by Public Law 82–478, 66 Stat. 510 (July 9, 1952)); 67 Stat. c18 (Nov. 5, 1952); National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.); MultipleUse and Sustained-Yield Act of 1960 (16 U.S.C. 528–531); 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 waivers published in the Federal Register on October 26, 2007 (72 FR 60870), 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. Kevin K. McAleenan, Acting Secretary of Homeland Security. [FR Doc. 2019–10079 Filed 5–14–19; 8:45 am] jbell on DSK3GLQ082PROD with NOTICES BILLING CODE 9111–14–P VerDate Sep<11>2014 22:43 May 14, 2019 Jkt 247001 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 Imperial County, California. DATES: This determination takes effect on May 15, 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, 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 SUMMARY: PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 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 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) El Centro Sector is an area of high illegal entry. 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 drugrelated 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. Additionally, Imperial County, California, which is located in the El Centro Sector, has been identified as High Intensity Drug Trafficking Areas by the Office of National Drug Control Policy. During the high levels of illegal entry of people and drugs within the El Centro Sector, I must use my authority under section 102 of IIRIRA to install additional physical barriers and roads in the El Centro Sector. Therefore, DHS will take immediate action to replace existing vehicle barriers in the El Centro Sector. The segment within which such construction will occur is referred to herein as the ‘‘project area’’ and is more E:\FR\FM\15MYN1.SGM 15MYN1

Agencies

[Federal Register Volume 84, Number 94 (Wednesday, May 15, 2019)]
[Notices]
[Pages 21798-21800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10079]


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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 in 
Cochise County and Pima County, Arizona.

DATES: This determination takes effect on May 15, 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, 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

[[Page 21799]]

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) Tucson Sector is 
an area of high illegal entry. In fiscal year 2018, the Border Patrol 
apprehended over 52,000 illegal aliens attempting to enter the United 
States between border crossings in the Tucson Sector. Also in fiscal 
year 2018, the Border Patrol had over 1,900 separate drug-related 
events between border crossings in the Tucson Sector, through which it 
seized over 134,000 pounds of marijuana, 62 pounds of cocaine, over 91 
pounds of heroin, and over 902 pounds of methamphetamine. Additionally, 
Cochise and Pima Counties, which are within the Tucson Sector, have 
been identified as High Intensity Drug Trafficking Areas by the Office 
of National Drug Control Policy.
    During the high levels of illegal entry of people and drugs within 
the Tucson Sector, I must use my authority under Section 102 of IIRIRA 
to install additional physical barriers and roads in the Tucson Sector. 
Therefore, DHS will take immediate action to replace existing barriers 
in the Tucson Sector. Construction will occur along four separate 
segments of the border, which are referred to herein as the ``project 
areas'' and more specifically described in Section 2 below.
    The existing barriers within the project areas include both vehicle 
fencing and outmoded pedestrian fencing that no longer satisfy Border 
Patrol's operational needs. Transnational criminal organizations known 
for smuggling drugs and aliens into United States from Mexico are known 
to operate in the area. These transnational criminal organizations have 
been able to use the lack of adequate infrastructure and the 
surrounding terrain, which provides high ground for scouts seeking to 
protect and warn smugglers moving through the area, to their advantage. 
Therefore, Border Patrol requires a more effective barrier. The 
existing vehicle barriers and outmoded pedestrian fencing 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 Tucson 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 areas 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 Arizona within the United States 
Border Patrol's Tucson Sector, are areas of high illegal entry (the 
``project areas''):
     Starting approximately one-half (.5) mile west of Border 
Monument 178 and extending east to Border Monument 162;
     Starting at Border Monument 100 and extending east for 
approximately one (1) mile;
     Starting at Border Monument 98 and extending east to 
Border Monument 97; and
     Starting approximately one-half (.5) mile west of Border 
Monument 83 and extending east to Border Monument 74.
    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 physical 
barriers and roads (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 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 Law 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); Wild and Scenic Rivers Act (Pub. L. 90-542, 82 
Stat. 906 (Oct. 2, 1968) (16 U.S.C. 1271 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.)); the Wilderness Act (Pub. L. 88-577, 78 Stat. 890 
(Sept. 3, 1964) (16 U.S.C. 1131 et seq.)); 43 U.S.C. 387; the National 
Wildlife Refuge System Administration Act (Pub. L. 89-669, 80 Stat. 926 
(Oct. 15, 1966) (16 U.S.C. 668dd-668ee)); 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.

[[Page 21800]]

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 National Park 
Service Organic Act and the National Park Service General Authorities 
Act (Pub. L. 64-235, 39 Stat. 535 (Aug. 25, 1916) and Public Law 91-
383, 84 Stat. 825 (Aug. 18, 1970) as amended, repealed, or replaced by 
Public Law 113-287, 128 Stat. 3094 (Dec. 19, 2014) (formerly codified 
at 16 U.S.C. 1, 2-4 and 16 U.S.C. 1a-1 et seq., now codified at 54 
U.S.C. 100101-100102, 54 U.S.C. 100301-100303, 54 U.S.C. 100501-100507, 
54 U.S.C. 100701-100707, 54 U.S.C. 100721-100725, 54 U.S.C. 100751-
100755, 54 U.S.C. 100901-100906, 54 U.S.C. 102101-102102)); Sections 
401(7), 403, and 404 of the National Parks and Recreation Act of 1978 
(Pub. L. 95-625, 92 Stat. 3467 (Nov. 10, 1978)); 50 Stat. 1827 (April 
13, 1937); Sections 301(a)-(f) of the Arizona Desert Wilderness Act 
(Pub. L. 101-628, 104 Stat. 4469 (Nov. 28, 1990)); Arizona-Idaho 
Conservation Act of 1988 (Pub. L. 100-696, 102 Stat. 4571 (Nov. 18, 
1988) (16 U.S.C. 460xx)); 16 U.S.C. 450y (Pub. L. 77-216, 55 Stat. 630 
(Aug. 18, 1941), as amended by Public Law 82-478, 66 Stat. 510 (July 9, 
1952)); 67 Stat. c18 (Nov. 5, 1952); National Forest Management Act of 
1976 (16 U.S.C. 1600 et seq.); Multiple-Use and Sustained-Yield Act of 
1960 (16 U.S.C. 528-531); 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 waivers 
published in the Federal Register on October 26, 2007 (72 FR 60870), 
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.

Kevin K. McAleenan,
Acting Secretary of Homeland Security.
[FR Doc. 2019-10079 Filed 5-14-19; 8:45 am]
BILLING CODE 9111-14-P