Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended, 45787-45789 [2019-18846]

Download as PDF Federal Register / Vol. 84, No. 169 / Friday, August 30, 2019 / Notices jspears on DSK3GMQ082PROD with NOTICES 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. VerDate Sep<11>2014 16:43 Aug 29, 2019 Jkt 247001 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: PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 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 E:\FR\FM\30AUN1.SGM 30AUN1 45788 Federal Register / Vol. 84, No. 169 / Friday, August 30, 2019 / Notices jspears on DSK3GMQ082PROD with NOTICES 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 VerDate Sep<11>2014 16:43 Aug 29, 2019 Jkt 247001 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 Frm 00080 Fmt 4703 Sfmt 4703 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 E:\FR\FM\30AUN1.SGM 30AUN1 45789 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. VerDate Sep<11>2014 16:43 Aug 29, 2019 Jkt 247001 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 Frm 00081 Fmt 4703 Sfmt 4703 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: E:\FR\FM\30AUN1.SGM 30AUN1

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]


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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 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