Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended, 45787-45789 [2019-18846]
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Federal Register / Vol. 84, No. 169 / Friday, August 30, 2019 / Notices
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respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses. The
comments that are submitted will be
summarized and included in the request
for approval. All comments will become
a matter of public record.
Overview of This Information
Collection
Title: Declaration of Owner and
Declaration of Consignee When Entry is
made by an Agent.
OMB Number: 1651–0093.
Form Number: CBP Forms 3347 and
3347A.
Abstract: CBP Form 3347, Declaration
of Owner, is a declaration from the
owner of imported merchandise stating
that he/she agrees to pay additional or
increased duties, therefore releasing the
importer of record from paying such
duties. This form must be filed within
90 days from the date of entry. CBP
Form 3347 is provided for by 19 CFR
24.11 and 141.20.
When entry is made in a consignee’s
name by an agent who does not meet the
qualifications in 19 CFR 141.19(b)(2),
meaning that the agent does not have
knowledge of the facts and/or is not
authorized under a proper power of
attorney by that consignee, a declaration
from the consignee on CBP Form 3347A,
Declaration of Consignee When Entry is
Made by an Agent, may be filed with the
entry documentation or the entry
summary. If the declaration is filed on
CBP Form 3347A, then no bond to
produce a declaration of the consignee
is required. If the declaration is not filed
at entry or entry summary, bond must
be given to produce such declaration,
and the declaration must be presented
within six months after the date that the
bond was given. CBP Form 3347A is
provided for by 19 CFR 141.19(b)(2).
CBP Forms 3347 and 3347A are
authorized by 19 U.S.C. 1485 and are
accessible at https://www.cbp.gov/
newsroom/publications/
forms?title=3347&=Apply.
Action: CBP proposes to extend the
expiration date of this information
collection with no change to the
estimated burden hours or to the
information collected.
Type of Review: Extension (without
change).
Affected Public: Businesses.
CBP Form 3347
Estimated Number of Respondents:
900.
Estimated Number of Responses per
Respondent: 6.
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Estimated Total Annual Responses:
5,400.
Estimated Time per Response: 6
minutes.
Estimated Total Annual Burden
Hours: 540.
CBP Form 3347A
Estimated Number of Respondents:
50.
Estimated Number of Responses per
Respondent: 6.
Estimated Total Annual Responses:
300.
Estimated Time per Response: 6
minutes.
Estimated Total Annual Burden
Hours: 30.
Dated: August 27, 2019.
Seth D. Renkema,
Branch Chief, Economic Impact Analysis
Branch, U.S. Customs and Border Protection.
[FR Doc. 2019–18779 Filed 8–29–19; 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:
The Acting 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 Hidalgo
County, Texas and Starr County, Texas.
DATES: This determination takes effect
on August 30, 2019.
SUPPLEMENTARY INFORMATION: Important
missions 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,
SUMMARY:
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45787
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
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) Rio Grande Valley Sector
is an area of high illegal entry. In fiscal
year 2018 alone, the Border Patrol
apprehended over 162,000 illegal aliens
attempting to enter the United States
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between border crossings in the Rio
Grande Valley Sector. In that same year,
the Border Patrol had over 1,400
separate drug-related events between
border crossings in the Rio Grande
Valley Sector, through which it seized
over 204,000 pounds of marijuana, over
1,850 pounds of cocaine, over 16
pounds of heroin, and over 750 pounds
of methamphetamine.
Owing to the high levels of illegal
entry within the Rio Grande Valley
Sector, I must use my authority under
section 102 of IIRIRA to install
additional physical barriers and roads in
the Rio Grande Valley Sector. Therefore,
DHS will take immediate action to
construct barriers and roads. The areas
in the vicinity of the border within
which such construction will occur are
more specifically described in Section 2
below. Such areas are not located within
any of the areas identified in sections
231 and 232(c) of title II of division A
of the Fiscal Year 2019 DHS
Appropriations Act. See Public Law
116–6, Div. A, Title II, §§ 231–232.
Section 2
I determine that the following areas in
the vicinity of the United States border,
located in the State of Texas within the
Border Patrol’s Rio Grande Valley
Sector, are areas of high illegal entry
(the ‘‘project areas’’):
• Starting approximately one-quarter
(0.25) of a mile northwest of the
intersection of South Conway Street
(also known as La Lomita Boulevard)
and the International Boundary and
Water Commission (IBWC) levee and
extending southeast along the IBWC
levee to the northwest boundary of the
La Lomita Historical Park, which is also
the intersection of East Chimney Road
and the IBWC levee.
• Starting at the southeast boundary
of the La Lomita Historical Park and
extending southeast along the levee to
the point where the levee ends at South
Depot Road.
• Starting at a point that is
approximately six hundred and twenty
(620) feet northwest of the intersection
of South Depot Road and State Highway
115, and extending south along the
levee for approximately one (1) mile.
• Starting at a point on the IBWC
levee that is approximately one-quarter
(0.25) of a mile south and west of the
point at which South 15th Street ends
near Carlson Lake, and then extending
east along the northern shore of Carlson
Lake and continuing east along Doffin
Canal Road to the western boundary of
the Santa Ana National Wildlife Refuge.
• Starting at the eastern boundary of
the La Coma Tract of the Lower Rio
Grande Valley National Wildlife Refuge
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and extending west along the IBWC
levee for approximately one-tenth (0.10)
of a mile.
• Starting outside the city limits of
Rio Grande City, Texas, at a point
approximately two hundred and fifteen
(215) feet southeast of the location
where the international bridge at the Rio
Grande City port of entry begins to cross
the Rio Grande River and extending
south and east along the Rio Grande
River for approximately sixth-tenths
(0.60) of a mile.
• Starting outside the city limits of La
Grulla, Texas, at a point approximately
three hundred and forty (340) feet
northwest of the intersection of Mission
Street and West Private Lazaro Solis
Street and extending northwest for
approximately one (1) mile.
• Starting outside the city limits of La
Grulla, Texas, at a point approximately
two-tenths (0.20) of a mile southeast of
the intersection of East Private Lazaro
Solis Street and El Sol Drive and
extending east for approximately two
and four-tenth (2.40) miles.
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.
PO 00000
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Fmt 4703
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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);
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 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. 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.); 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
April 8, 2008 (73 FR 19077 and 73 FR
19078), and October 11, 2018 (83 FR
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Federal Register / Vol. 84, No. 169 / Friday, August 30, 2019 / Notices
51472), which shall remain in full force
and effect in accordance with their
respective 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: August 26, 2019.
Kevin K. McAleenan,
Acting Secretary of Homeland Security.
Comments Due Date: September
30, 2019.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
Control Number and should be sent to:
HUD Desk Officer, Office of
Management and Budget, New
Executive Office Building, Washington,
DC 20503; fax: 202–395–5806, Email:
OIRAlSubmission@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT:
Anna P. Guido, Reports Management
Officer, QMAC, Department of Housing
and Urban Development, 451 7th Street
SW, Washington, DC 20410; email Anna
P. Guido at Anna.P.Guido@hud.gov or
telephone 202–402–5535. This is not a
toll-free number. Person with hearing or
DATES:
[FR Doc. 2019–18846 Filed 8–29–19; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–7011–N–39]
30-Day Notice of Proposed Information
Collection: Office of Lead Hazard
Control and Healthy Homes Grant
Programs Data Collection and
Progress Reporting (OMB# 2539–0008)
Office of the Chief Information
Officer, HUD.
ACTION: Notice.
AGENCY:
HUD is seeking approval from
the Office of Management and Budget
SUMMARY:
speech impairments may access this
number through TTY by calling the tollfree Federal Relay Service at (800) 877–
8339. Copies of available documents
submitted to OMB may be obtained
from Ms. Guido.
This
notice informs the public that HUD is
seeking approval from OMB for the
information collection described in
Section A.
The Federal Register notice that
solicited public comment on the
information collection for a period of 60
days was published on Monday, May 6,
2019.
SUPPLEMENTARY INFORMATION:
A. Overview of Information Collection
Title of Information Collection: Office
of Lead Hazard Control and Healthy
Homes Grant Programs Data Collection
and Progress Reporting.
OMB Approval Number: 2539–0008.
Type of Request: Revision of a
currently approved collection.
Form Number: HUD 96006 (electronic
equivalent).
Information
collection
Number
of respondents
Frequency
of response
Responses
per annum
Burden
hour per
response
Annual
burden hours
Hourly
cost per
response
Annual cost
HUD 96006 (electronic
equivalent) ................
500.00
4.00
2,000.00
12.00
24,000.00
60.98
1,463.520.00
Description of the need for the
information and proposed use: Collect
data on the progress of grantees’
programs.
B. Solicitation of Public Comment
jspears on DSK3GMQ082PROD with NOTICES
(OMB) for the information collection
described below. In accordance with the
Paperwork Reduction Act, HUD is
requesting comment from all interested
parties on the proposed collection of
information. The purpose of this notice
is to allow for 30 days of public
comment.
This notice is soliciting comments
from members of the public and affected
parties concerning the collection of
information described in Section A on
the following:
(1) Whether the proposed collection
of information is necessary for the
proper performance of the functions of
the agency, including whether the
information will have practical utility;
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) Ways to minimize the burden of
the collection of information on those
who are to respond; including through
the use of appropriate automated
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
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16:43 Aug 29, 2019
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HUD encourages interested parties to
submit comment in response to these
questions.
C. Authority
Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C.
Chapter 35.
Dated: August 15, 2019.
Anna P. Guido,
Department Reports Management Officer,
Office of the Chief Information Officer.
[FR Doc. 2019–18799 Filed 8–29–19; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–6161–N–02]
Fair Market Rents for the Housing
Choice Voucher Program, Moderate
Rehabilitation Single Room Occupancy
Program, and Other Programs Fiscal
Year 2020
Office of the Assistant
Secretary for Policy Development and
Research, HUD.
AGENCY:
PO 00000
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Notice of Fiscal Year (FY) 2020
Fair Market Rents (FMRs) and Response
to Public Comments on the June 5, 2019
Federal Register notice announcing two
method changes in the calculation of
FMRs.
ACTION:
Section 8(c)(1) of the United
States Housing Act of 1937 (USHA), as
amended by the Housing Opportunities
Through Modernization Act of 2016
(HOTMA), requires the Secretary to
publish FMRs not less than annually,
adjusted to be effective on October 1 of
each year. This notice describes the
methods used to calculate the FY 2020
FMRs and enumerates the procedures
for Public Housing Agencies (PHAs) and
other interested parties to request
reevaluations of their FMRs as required
by HOTMA. This notice also discusses
the comments received on the Notice of
Proposed Changes to the Methodology
Used for Estimating Fair Market Rents
(84 FR 26141).
DATES: Comment Due Date: September
30, 2019.
Effective Date: October 1, 2019 unless
HUD receives a valid request for
reevaluation of specific area FMRs as
described below.
SUMMARY:
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]]>Agencies
[Federal Register Volume 84, Number 169 (Friday, August 30, 2019)]
[Notices]
[Pages 45787-45789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18846]
-----------------------------------------------------------------------
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 Acting 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 Hidalgo County, Texas and Starr County,
Texas.
DATES: This determination takes effect on August 30, 2019.
SUPPLEMENTARY INFORMATION: Important missions 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, Sec. 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 Sec. 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, Sec. 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) Rio Grande Valley
Sector is an area of high illegal entry. In fiscal year 2018 alone, the
Border Patrol apprehended over 162,000 illegal aliens attempting to
enter the United States
[[Page 45788]]
between border crossings in the Rio Grande Valley Sector. In that same
year, the Border Patrol had over 1,400 separate drug-related events
between border crossings in the Rio Grande Valley Sector, through which
it seized over 204,000 pounds of marijuana, over 1,850 pounds of
cocaine, over 16 pounds of heroin, and over 750 pounds of
methamphetamine.
Owing to the high levels of illegal entry within the Rio Grande
Valley Sector, I must use my authority under section 102 of IIRIRA to
install additional physical barriers and roads in the Rio Grande Valley
Sector. Therefore, DHS will take immediate action to construct barriers
and roads. The areas in the vicinity of the border within which such
construction will occur are more specifically described in Section 2
below. Such areas are not located within any of the areas identified in
sections 231 and 232(c) of title II of division A of the Fiscal Year
2019 DHS Appropriations Act. See Public Law 116-6, Div. A, Title II,
Sec. Sec. 231-232.
Section 2
I determine that the following areas in the vicinity of the United
States border, located in the State of Texas within the Border Patrol's
Rio Grande Valley Sector, are areas of high illegal entry (the
``project areas''):
Starting approximately one-quarter (0.25) of a mile
northwest of the intersection of South Conway Street (also known as La
Lomita Boulevard) and the International Boundary and Water Commission
(IBWC) levee and extending southeast along the IBWC levee to the
northwest boundary of the La Lomita Historical Park, which is also the
intersection of East Chimney Road and the IBWC levee.
Starting at the southeast boundary of the La Lomita
Historical Park and extending southeast along the levee to the point
where the levee ends at South Depot Road.
Starting at a point that is approximately six hundred and
twenty (620) feet northwest of the intersection of South Depot Road and
State Highway 115, and extending south along the levee for
approximately one (1) mile.
Starting at a point on the IBWC levee that is
approximately one-quarter (0.25) of a mile south and west of the point
at which South 15th Street ends near Carlson Lake, and then extending
east along the northern shore of Carlson Lake and continuing east along
Doffin Canal Road to the western boundary of the Santa Ana National
Wildlife Refuge.
Starting at the eastern boundary of the La Coma Tract of
the Lower Rio Grande Valley National Wildlife Refuge and extending west
along the IBWC levee for approximately one-tenth (0.10) of a mile.
Starting outside the city limits of Rio Grande City,
Texas, at a point approximately two hundred and fifteen (215) feet
southeast of the location where the international bridge at the Rio
Grande City port of entry begins to cross the Rio Grande River and
extending south and east along the Rio Grande River for approximately
sixth-tenths (0.60) of a mile.
Starting outside the city limits of La Grulla, Texas, at a
point approximately three hundred and forty (340) feet northwest of the
intersection of Mission Street and West Private Lazaro Solis Street and
extending northwest for approximately one (1) mile.
Starting outside the city limits of La Grulla, Texas, at a
point approximately two-tenths (0.20) of a mile southeast of the
intersection of East Private Lazaro Solis Street and El Sol Drive and
extending east for approximately two and four-tenth (2.40) miles.
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 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); 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
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. 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.); 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 April 8, 2008 (73 FR 19077 and 73
FR 19078), and October 11, 2018 (83 FR
[[Page 45789]]
51472), which shall remain in full force and effect in accordance with
their respective 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: August 26, 2019.
Kevin K. McAleenan,
Acting Secretary of Homeland Security.
[FR Doc. 2019-18846 Filed 8-29-19; 8:45 am]
BILLING CODE 9111-14-P
