Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended, 58400-58402 [2019-23725]

Download as PDF 58400 Federal Register / Vol. 84, No. 211 / Thursday, October 31, 2019 / Notices DEPARTMENT OF HOMELAND SECURITY DEPARTMENT OF HOMELAND SECURITY DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency Federal Emergency Management Agency Office of the Secretary [Internal Agency Docket No. FEMA–4441– DR; Docket ID FEMA–2019–0001] [Internal Agency Docket No. FEMA–4462– DR; Docket ID FEMA–2019–0001] Arkansas; Amendment No. 5 to Notice of a Major Disaster Declaration Louisiana; Amendment No. 1 to Notice of a Major Disaster Declaration Federal Emergency Management Agency, DHS. AGENCY: AGENCY: ACTION: Federal Emergency Management Agency, DHS. Notice. ACTION: khammond on DSKJM1Z7X2PROD with NOTICES Notice. This notice amends the notice of a major disaster declaration for State of Arkansas (FEMA–4441–DR), dated June 8, 2019, and related determinations. SUMMARY: DATES: This change occurred on October 18, 2019. DATES: FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646–2833. Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646–2833. The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Sandra Eslinger, of FEMA is appointed to act as the Federal Coordinating Officer for this disaster. This action terminates the appointment of Jerry S. Thomas as Federal Coordinating Officer for this disaster. SUPPLEMENTARY INFORMATION: The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance— Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant. Pete Gaynor, Acting Administrator, Federal Emergency Management Agency. This notice amends the notice of a major disaster declaration for the State of Louisiana (FEMA–4462–DR), dated September 19, 2019, and related determinations. This amendment was issued October 17, 2019. The notice of a major disaster declaration for the State of Louisiana is hereby amended to include the following area among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of September 19, 2019. St. Mary Parish for Public Assistance. The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance— Disaster Housing Operations for Individuals and Households; 97.050 Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant. Pete Gaynor, Acting Administrator, Federal Emergency Management Agency. [FR Doc. 2019–23843 Filed 10–30–19; 8:45 am] BILLING CODE 9111–23–P [FR Doc. 2019–23847 Filed 10–30–19; 8:45 am] BILLING CODE 9111–23–P VerDate Sep<11>2014 16:38 Oct 30, 2019 Jkt 250001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 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 Starr County, Texas, Hidalgo County, Texas, and Cameron County, Texas. DATES: This determination takes effect on October 31, 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, and 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, SUMMARY: SUMMARY: SUPPLEMENTARY INFORMATION: Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended E:\FR\FM\31OCN1.SGM 31OCN1 Federal Register / Vol. 84, No. 211 / Thursday, October 31, 2019 / Notices 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. khammond on DSKJM1Z7X2PROD with NOTICES Determination and Waiver Section 1 The United States Border Patrol’s (Border Patrol) Rio Grande Valley Sector is an area of high illegal entry. Between October 1, 2018, and August 31, 2019, the Border Patrol apprehended over 325,000 illegal aliens attempting to enter the United States between border crossings in the Rio Grande Valley Sector. In that same time period, the Border Patrol had over 900 separate drug-related events between border crossings in the Rio Grande Valley Sector, through which it seized over 112,000 pounds of marijuana, over 2,300 pounds of cocaine, over 90 pounds of heroin, and over 1,600 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 VerDate Sep<11>2014 16:38 Oct 30, 2019 Jkt 250001 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’’): • In Starr County, starting at the Falcon Dam Lake Spillway that is situated south of Falcon Dam and extending south and east to the western boundary of the census designated place of Salineno, Texas. • In Starr County, starting at the southeast boundary of the census designated place of Salineno, Texas, and extending south to the northern boundary of the Las Ruinas Tract of the Lower Rio Grande Valley National Wildlife Refuge. • In Starr County, starting at the southern boundary of the Las Ruinas Tract of the Lower Rio Grande Valley National Wildlife Refuge and extending south and east to the western boundary of the Arroyo Ramirez Tract of the Lower Rio Grande Valley National Wildlife Refuge. • In Starr County, starting at the northeast boundary of the Arroyo Ramirez Tract of the Lower Rio Grande Valley National Wildlife Refuge and extending east and south for approximately one (1) mile. • In Starr County, starting at the eastern boundary of the city limits of Escobares, Texas, and moving east and south to the western boundary of the city limits of Rio Grande City, Texas. • In Starr County, starting approximately one-half (0.5) of a mile southwest of the intersection of Los Velas Road and U.S. Highway 83 and extending east and south for approximately 11 miles. • In Starr County and Hidalgo County, starting approximately one and two-tenths (1.2) of a mile northwest of the Starr County and Hidalgo County line and extending east to the eastern boundary of the Penitas West Tract of the Lower Rio Grande Valley National Wildlife Refuge. • In Hidalgo County, starting at the eastern boundary of the Marinoff Tract of the Lower Rio Grande National Wildlife Refuge and extending west for approximately one-half (0.5) of a mile. • In Hidalgo County, starting immediately north of the northeast boundary of the Santa Ana National Wildlife Refuge and extending west for approximately three-tenths (0.3) of a mile. PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 58401 • In Hidalgo County and Cameron County, starting at the eastern boundary of the Mercedes Settling Basin and extending north and east in proximity to the International Boundary and Water Commission (IBWC) levee to approximately two-tenths (0.2) of a mile southeast of the point at which Torres Road intersects with the IBWC levee. • In Cameron County, starting at the southwest boundary of the Philip Banco Tract of the Lower Rio Grande Valley National Wildlife Refuge and extending south and east approximately three (3) miles. • In Cameron County starting approximately a one-quarter (0.25) of a mile southwest of the Brownsville and Matamoros International Bridge and extending northeast along the Rio Grande River for approximately one-half (0.5) of a mile. • In Cameron County, starting approximately two-tenths (0.2) of a mile north and west of the point at which International Boulevard crosses the Rio Grande River and extending south and east in proximity to the IBWC levee for approximately three (3) 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 E:\FR\FM\31OCN1.SGM 31OCN1 khammond on DSKJM1Z7X2PROD with NOTICES 58402 Federal Register / Vol. 84, No. 211 / Thursday, October 31, 2019 / Notices U.S.C. 1251 et seq.)); the National Historic Preservation Act (Pub. L. 89– 665, 80 Stat. 915 (Oct. 15, 1966), as amended, repealed, or replaced by Pub. L. 113–287, 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 Pub. L. 113– 287, 128 Stat. 3094 (Dec. 19, 2014) (formerly codified at 16 U.S.C. 469 et seq., now codified at 54 U.S.C. 312502 et seq.)); the Antiquities Act (formerly codified at 16 U.S.C. 431 et seq., now codified 54 U.S.C. 320301 et seq.); the Historic Sites, Buildings, and Antiquities Act (formerly codified at 16 U.S.C. 461 et seq., now codified at 54 U.S.C. 3201–320303 & 320101–320106); the 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 Coastal Zone Management Act (Pub. L. 92–583 (16 U.S.C. 1451 et seq.)); the Eagle Protection Act (16 U.S.C. 668 et seq.); the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); and the American Indian Religious Freedom Act (42 U.S.C. 1996). VerDate Sep<11>2014 16:38 Oct 30, 2019 Jkt 250001 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), October 10, 2018 (83 FR 50949), October 11, 2018 (83 FR 51472), July 1, 2019 (84 FR 31328), August 30, 2019 (84 FR 45787), and October 1, 2019 (84 FR 52118), 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: October 23, 2019. Kevin K. McAleenan, Acting Secretary of Homeland Security. [FR Doc. 2019–23725 Filed 10–30–19; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF HOMELAND SECURITY [Docket No. CISA–2019–0014] Notice of President’s National Security Telecommunications Advisory Committee Meeting Cybersecurity and Infrastructure Security Agency (CISA), Department of Homeland Security (DHS). ACTION: Notice of Federal Advisory Committee Act (FACA) meeting; request for comments. AGENCY: CISA is publishing this notice to announce the following President’s National Security Telecommunications Advisory Committee (NSTAC) meeting. This meeting will be partially closed to the public. DATES: Meeting Registration: Registration to attend the meeting is required and must be received no later than 5:00 p.m. Eastern Time (ET) on November 7, 2019. Due to limited seating, requests to attend in person will be accepted and processed in the order in which they are received. Speaker Registration: Registration to speak during the meeting’s public comment period must be received no later than 5:00 p.m. ET on November 7, 2019. Written Comments: Written comments must be received no later than 5:00 p.m. ET on November 7, 2019. Meeting Date: The NSTAC will meet on November 14, 2019 from 9:30 a.m. to 3:45 p.m. ET. The meeting may close early if the committee has completed its business. ADDRESSES: The November 2019 NSTAC Meeting’s open session will be held at the Eisenhower Executive Office SUMMARY: PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 Building, 1650 Pennsylvania Ave NW, Washington, DC. Meeting Registration: To register, for information on services for individuals with disabilities, or to request special assistance to participate, please email NSTAC@hq.dhs.gov by 5:00 p.m. ET on November 7, 2019. Include ‘‘November 2019 NSTAC Meeting Registration’’ in the subject line of the message. Comments: Members of the public are invited to provide comment on the issues that will be considered by the committee as listed in the SUPPLEMENTARY INFORMATION section below. Associated materials that participants may discuss during the meeting will be available at www.dhs.gov/cisa/national-securitytelecommunications-advisorycommittee for review as of October 30, 2019. Comments may be submitted by 5:00 p.m. ET on November 7, 2019 and must be identified by Docket Number CISA–2019–0014. Comments may be submitted by one of the following methods: • Federal eRulemaking Portal: www.regulations.gov. Please follow the instructions for submitting written comments. • Email: NSTAC@hq.dhs.gov. Include the Docket Number CISA–2019–0014 in the subject line of the email. Instructions: All submissions received must include the words ‘‘Department of Homeland Security’’ and the Docket Number for this action. Comments received will be posted without alteration at www.regulations.gov, including any personal information provided. Docket: For access to the docket and comments received by the NSTAC, please go to www.regulations.gov and enter docket number CISA–2019–0014. A public comment period will be held during the meeting from 3:00 p.m.-3:30 p.m. ET. Speakers who wish to participate in the public comment period must register by emailing NSTAC@hq.dhs.gov. Speakers are requested to limit their comments to three minutes and will speak in order of registration. Please note that the public comment period may end before the time indicated, following the last request for comments. FOR FURTHER INFORMATION CONTACT: Helen Jackson, 703–705–6276, helen.jackson@cisa.dhs.gov. SUPPLEMENTARY INFORMATION: The NSTAC was established by E.O. 12382, 47 FR 40531 (September 13, 1982), as amended and continued under the authority of E.O. 13889, dated September 27, 2019. Notice of this meeting is given under the Federal E:\FR\FM\31OCN1.SGM 31OCN1

Agencies

[Federal Register Volume 84, Number 211 (Thursday, October 31, 2019)]
[Notices]
[Pages 58400-58402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23725]


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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 Starr County, Texas, Hidalgo County, 
Texas, and Cameron County, Texas.

DATES: This determination takes effect on October 31, 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, and 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,

[[Page 58401]]

3009-554 (Sept. 30, 1996) (8 U.S.C. 1103 note), as amended by the REAL 
ID Act of 2005, Public Law 109-13, Div. B, 119 Stat. 231, 302, 306 (May 
11, 2005) (8 U.S.C. 1103 note), as amended by the Secure Fence Act of 
2006, Public Law 109-367, 3, 120 Stat. 2638 (Oct. 26, 2006) (8 U.S.C. 
1103 note), as amended by the Department of Homeland Security 
Appropriations Act, 2008, Public Law 110-161, Div. E, Title V, Sec.  
564, 121 Stat. 2090 (Dec. 26, 2007). In section 102(a) of IIRIRA, 
Congress provided that the Secretary of Homeland Security shall take 
such actions as may be necessary to install additional physical 
barriers and roads (including the removal of obstacles to detection of 
illegal entrants) in the vicinity of the United States border to deter 
illegal crossings in areas of high illegal entry into the United 
States. In section 102(b) of IIRIRA, Congress mandated the installation 
of additional fencing, barriers, roads, lighting, cameras, and sensors 
on the southwest border. Finally, in section 102(c) of IIRIRA, Congress 
granted to the Secretary of Homeland Security the authority to waive 
all legal requirements that I, in my sole discretion, determine 
necessary to ensure the expeditious construction of barriers and roads 
authorized by section 102 of IIRIRA.

Determination and Waiver

Section 1

    The United States Border Patrol's (Border Patrol) Rio Grande Valley 
Sector is an area of high illegal entry. Between October 1, 2018, and 
August 31, 2019, the Border Patrol apprehended over 325,000 illegal 
aliens attempting to enter the United States between border crossings 
in the Rio Grande Valley Sector. In that same time period, the Border 
Patrol had over 900 separate drug-related events between border 
crossings in the Rio Grande Valley Sector, through which it seized over 
112,000 pounds of marijuana, over 2,300 pounds of cocaine, over 90 
pounds of heroin, and over 1,600 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''):
     In Starr County, starting at the Falcon Dam Lake Spillway 
that is situated south of Falcon Dam and extending south and east to 
the western boundary of the census designated place of Salineno, Texas.
     In Starr County, starting at the southeast boundary of the 
census designated place of Salineno, Texas, and extending south to the 
northern boundary of the Las Ruinas Tract of the Lower Rio Grande 
Valley National Wildlife Refuge.
     In Starr County, starting at the southern boundary of the 
Las Ruinas Tract of the Lower Rio Grande Valley National Wildlife 
Refuge and extending south and east to the western boundary of the 
Arroyo Ramirez Tract of the Lower Rio Grande Valley National Wildlife 
Refuge.
     In Starr County, starting at the northeast boundary of the 
Arroyo Ramirez Tract of the Lower Rio Grande Valley National Wildlife 
Refuge and extending east and south for approximately one (1) mile.
     In Starr County, starting at the eastern boundary of the 
city limits of Escobares, Texas, and moving east and south to the 
western boundary of the city limits of Rio Grande City, Texas.
     In Starr County, starting approximately one-half (0.5) of 
a mile southwest of the intersection of Los Velas Road and U.S. Highway 
83 and extending east and south for approximately 11 miles.
     In Starr County and Hidalgo County, starting approximately 
one and two-tenths (1.2) of a mile northwest of the Starr County and 
Hidalgo County line and extending east to the eastern boundary of the 
Penitas West Tract of the Lower Rio Grande Valley National Wildlife 
Refuge.
     In Hidalgo County, starting at the eastern boundary of the 
Marinoff Tract of the Lower Rio Grande National Wildlife Refuge and 
extending west for approximately one-half (0.5) of a mile.
     In Hidalgo County, starting immediately north of the 
northeast boundary of the Santa Ana National Wildlife Refuge and 
extending west for approximately three-tenths (0.3) of a mile.
     In Hidalgo County and Cameron County, starting at the 
eastern boundary of the Mercedes Settling Basin and extending north and 
east in proximity to the International Boundary and Water Commission 
(IBWC) levee to approximately two-tenths (0.2) of a mile southeast of 
the point at which Torres Road intersects with the IBWC levee.
     In Cameron County, starting at the southwest boundary of 
the Philip Banco Tract of the Lower Rio Grande Valley National Wildlife 
Refuge and extending south and east approximately three (3) miles.
     In Cameron County starting approximately a one-quarter 
(0.25) of a mile southwest of the Brownsville and Matamoros 
International Bridge and extending northeast along the Rio Grande River 
for approximately one-half (0.5) of a mile.
     In Cameron County, starting approximately two-tenths (0.2) 
of a mile north and west of the point at which International Boulevard 
crosses the Rio Grande River and extending south and east in proximity 
to the IBWC levee for approximately three (3) 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

[[Page 58402]]

U.S.C. 1251 et seq.)); the National Historic Preservation Act (Pub. L. 
89-665, 80 Stat. 915 (Oct. 15, 1966), as amended, repealed, or replaced 
by Pub. L. 113-287, 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 Pub. L. 113-
287, 128 Stat. 3094 (Dec. 19, 2014) (formerly codified at 16 U.S.C. 469 
et seq., now codified at 54 U.S.C. 312502 et seq.)); the Antiquities 
Act (formerly codified at 16 U.S.C. 431 et seq., now codified 54 U.S.C. 
320301 et seq.); the Historic Sites, Buildings, and Antiquities Act 
(formerly codified at 16 U.S.C. 461 et seq., now codified at 54 U.S.C. 
3201-320303 & 320101-320106); the 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 Coastal Zone Management Act (Pub. L. 92-583 
(16 U.S.C. 1451 et seq.)); the Eagle Protection Act (16 U.S.C. 668 et 
seq.); the Native American Graves Protection and Repatriation Act (25 
U.S.C. 3001 et seq.); and the American Indian Religious Freedom Act (42 
U.S.C. 1996).
    This waiver does not revoke or supersede the previous waivers 
published in the Federal Register on April 8, 2008 (73 FR 19077 and 73 
FR 19078), October 10, 2018 (83 FR 50949), October 11, 2018 (83 FR 
51472), July 1, 2019 (84 FR 31328), August 30, 2019 (84 FR 45787), and 
October 1, 2019 (84 FR 52118), 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: October 23, 2019.
Kevin K. McAleenan,
Acting Secretary of Homeland Security.
[FR Doc. 2019-23725 Filed 10-30-19; 8:45 am]
 BILLING CODE 9111-14-P