Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended, 14953-14955 [2020-05347]
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Federal Register / Vol. 85, No. 51 / Monday, March 16, 2020 / Notices
respondents, including through the use
of automated collection techniques or
other forms of information technology.
Proposed Project: National Survey of
Substance Abuse Treatment Services
(N–SSATS) (OMB No. 0930–0106)—
Extension
The Substance Abuse and Mental
Health Services Administration
(SAMHSA) is requesting an extension of
the National Survey of Substance Abuse
Treatment (N–SSATS) data collection
(OMB No. 0930–0106), which expires
on September 30, 2020. N–SSATS
provides both national and state-level
data on the numbers and types of
patients treated and the characteristics
of facilities providing substance abuse
treatment services. It is conducted
under the authority of Section 505 of the
Public Health Service Act (42 U.S.C.
290aa–4) to meet the specific mandates
for annual information about public and
private substance abuse treatment
providers and the clients they serve.
This request includes:
• Collection of N–SSATS, which is an
annual survey of substance abuse
treatment facilities; and
• Updating of the Inventory of
Behavioral Health Services (I–BHS)
which is the facility universe for the
N–SSATS. I–BHS is also the facility
universe for the annual survey of mental
health treatment facilities, the National
Mental Health Services Survey
(N–MHSS). The I–BHS includes all
substance abuse treatment and mental
health treatment facilities known to
SAMHSA. (The N–MHSS data
collection is covered under OMB No.
0930–0119.)
The information in I–BHS and
N–SSATS is needed to assess the nature
Number of
respondents
Type of respondent and activity
Responses
per
respondent
and extent of these resources, to identify
gaps in services, and to provide a
database for treatment referrals. Both
I–BHS and N–SSATS are components of
the Behavioral Health Services
Information System (BHSIS).
The request for OMB approval will
include a request to update the I–BHS
facility listing on a continuous basis and
to conduct the N–SSATS and the
between cycle N–SSATS (N–SSATS BC)
in 2021, 2022, and 2023. The N–SSATS
BC is a procedure for collecting services
data from newly identified facilities
between main cycles of the survey and
will be used to improve the listing of
treatment facilities in the online
Behavioral Health Treatment Services
Locator.
Estimated annual burden for the
BHSIS activities is shown below:
Total
responses
Hours per
response
Total burden
hours
States
I–BHS Online 1 .....................................................................
56
75
4,200
0.08
336
State Subtotal ...............................................................
56
........................
4,200
........................
336
Facilities
I–BHS application 2 ..............................................................
Augmentation screener ........................................................
N–SSATS questionnaire ......................................................
N–SSATS BC .......................................................................
800
1,300
17,000
1,000
1
1
1
1
800
1,300
17,000
1,000
0.08
0.08
0.67
0.58
64
104
11,333
580
Facility Subtotal ............................................................
20,100
........................
20,100
........................
12,081
Total .......................................................................
20,156
........................
24,300
........................
12,417
1 States
use the I–BHS Online system to submit information on newly licensed/approved facilities and on changes in facility name, address,
status, etc.
2 New facilities complete and submit the online I–BHS application form in order to get listed on the Inventory.
Send comments to Carlos Graham,
SAMHSA Reports Clearance Officer,
5600 Fisher Lane, Room 15E57A,
Rockville, MD 20852 OR email him a
copy at carlos.graham@samhsa.hhs.gov.
Written comments should be received
by May 15, 2020.
Carlos Graham,
Social Science Analyst.
[FR Doc. 2020–05274 Filed 3–13–20; 8:45 am]
BILLING CODE 4162–20–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.
AGENCY:
ACTION:
Notice of determination.
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 Val Verde
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County, Texas, and Maverick County,
Texas.
DATES: This determination takes effect
on March 16, 2020.
SUPPLEMENTARY INFORMATION: Important
mission requirements of the Department
of Homeland Security (‘‘DHS’’) include
border security and the detection and
prevention of illegal entry into the
United States. Border security is critical
to the nation’s national security.
Recognizing the critical importance of
border security, Congress has mandated
DHS to achieve and maintain
operational control of the international
land border. Secure Fence Act of 2006,
Public Law 109–367, section 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
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14954
Federal Register / Vol. 85, No. 51 / Monday, March 16, 2020 / Notices
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, section 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, section 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 found at 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, section 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, section 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.
attempting to enter the United States
between border crossings in the Del Rio
Sector. Also in fiscal year 2019, there
were over 146 drug-related events
between border crossings in the Del Rio
Sector, through which Border Patrol
seized over 40 pounds of marijuana,
over 15 pounds of cocaine, over 24
pounds of heroin, and over 195 pounds
of methamphetamine. Additionally, Val
Verde County, Texas, and Maverick
County, Texas, which are located in the
Del Rio Sector, have been identified as
a High Intensity Drug Trafficking Area
by the Office of National Drug Control
Policy.
Due to the high levels of illegal entry
of people and drugs within the Del Rio
Sector, I must use my authority under
section 102 of IIRIRA to install
additional physical barriers and roads in
the Del Rio Sector. Therefore, DHS will
take immediate action to replace
existing pedestrian fencing in the Del
Rio Sector. The segments within which
such construction will occur are
referred to herein as the ‘‘project areas’’
and are more specifically described in
Section 2 below.
The current pedestrian barrier in the
Del Rio Sector does not provide the
level of impedance necessary to
effectively secure the border.
Transnational criminal organizations
frequently defeat and exploit the
existing fencing for narcotics and
human smuggling due to its inferior
design and dilapidated condition.
Construction of new fencing with a
more operational effective design will
allow Border Patrol to secure the border
more effectively. Within the project
areas roads will also be constructed or
improved and lighting will be installed.
To support DHS’s action under
section 102 of IIRIRA, I requested that
the Secretary of Defense, pursuant to 10
U.S.C. 284(b)(7), assist by constructing
fence, roads, and lighting within the Del
Rio Sector in order to block drug
smuggling corridors across the
international boundary between the
United States and Mexico. The
Secretary of Defense has concluded that
the support requested satisfies the
statutory requirements of 10 U.S.C.
284(b)(7) and that the Department of
Defense will provide such support in
the project areas described in Section 2
below.
Determination and Waiver
Section 2
Section 1
The United States Border Patrol’s Del
Rio Sector is an area of high illegal
entry. In fiscal year 2019, the United
States Border Patrol (‘‘Border Patrol’’)
apprehended over 57,000 illegal aliens
I determine that the following areas in
the vicinity of the United States border,
located in the State of Texas within the
United States Border Patrol’s Del Rio
Sector, are areas of high illegal entry
(the ‘‘project areas’’):
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• Starting approximately two and
one-half (2.5) miles north and west of
the Del Rio Port of Entry and extending
south and east for approximately three
and one-half (3.5) miles; and
• Starting approximately one-half
(0.5) mile south of the Eagle Pass II Port
of Entry and extending north 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 physical barriers and
roads (including, but not limited to,
accessing the project areas, creating and
using staging areas, the conduct of
earthwork, excavation, fill, and site
preparation, and installation and
upkeep of physical barriers, roads,
supporting elements, drainage, erosion
controls, safety features, lighting,
cameras, and sensors) in the project
areas, all of the following statutes,
including all federal, state, or other
laws, regulations, and legal
requirements of, deriving from, or
related to the subject of, the following
statutes, as amended:
The National Environmental Policy
Act (Pub. L. 91–190, 83 Stat. 852 (Jan.
1, 1970) (42 U.S.C. 4321 et seq.)); the
Endangered Species Act (Pub. L. 93–
205, 87 Stat. 884 (Dec. 28, 1973) (16
U.S.C. 1531 et seq.)); the Federal Water
Pollution Control Act (commonly
referred to as the Clean Water Act (33
U.S.C. 1251 et seq.)); the National
Historic Preservation Act (Pub. L. 89–
665, 80 Stat. 915 (Oct. 15, 1966), as
amended, repealed, or replaced by 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
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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 at 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.); National Fish and
Wildlife Act of 1956 (Pub. L. 84–1024
(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
Wild Horse and Burro Act (16 U.S.C.
1331 et seq.); the Administrative
Procedure Act (5 U.S.C. 551 et seq.); the
Rivers and Harbors Act of 1899 (33
U.S.C. 403); the Wild and Scenic Rivers
Act (Pub. L. 90–542 (16 U.S.C. 1281 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 any other waiver
determination made pursuant to section
102(c) of IIRIRA. Such waivers shall
remain in full force and effect in
accordance with their terms. I reserve
the authority to execute further waivers
from time to time as I may determine to
be necessary under section 102 of
IIRIRA.
Dated: March 11, 2020.
Chad F. Wolf,
Acting Secretary of Homeland Security.
[FR Doc. 2020–05347 Filed 3–13–20; 8:45 am]
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BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
[Docket No. DHS–2019–0047]
Privacy Act of 1974; System of
Records
Department of Homeland
Security.
AGENCY:
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ACTION:
Notice of new system of records.
In accordance with the
Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to
establish a new DHS system of records
titled, ‘‘Department of Homeland
Security/ALL–043 Enterprise Biometric
Administrative Records (EBAR) System
of Records (SOR).’’ This system of
records allows the DHS to collect and
maintain administrative and technical
records associated with the enterprise
biometric system known as the
Automated Biometric Identification
System (IDENT) and its successor
information technology system,
currently in development, called the
Homeland Advanced Recognition
Technology (HART).
Additionally, DHS is issuing a Notice
of Proposed Rulemaking (NPRM) to
exempt this system of records from
certain provisions of the Privacy Act,
elsewhere in the Federal Register. This
newly established system will be
included in the Department of
Homeland Security’s inventory of
record systems.
DATES: Submit comments on or before
April 10, 2020. This new system will be
effective upon publication, with the
exception of the routine uses, which
will become effective April 10, 2020.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2019–0047 by one of the following
methods:
• Federal e-Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–343–4010.
• Mail: Jonathan R. Cantor, Acting
Chief Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528–0655.
Instructions: All submissions received
must include the agency name and
docket number DHS–2019–0047. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions and for privacy issues,
please contact: Jonathan R. Cantor,
privacy@hq.dhs.gov, (202) 343–1717,
Acting Chief Privacy Officer, Privacy
Office, Department of Homeland
Security, Washington, DC 20528–0655.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
In 2007, DHS published the DHS/US–
VISIT–001 DHS Automated Biometric
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14955
Identification System (IDENT), 72 FR
31080 (June 5, 2007) system of records
notice (SORN). The IDENT SORN
covered biometric holdings for the
entire Department. Since then, the
Department’s Privacy Act framework
and technology for enterprise biometrics
has evolved as the Department has
matured. DHS Component SORNs now
cover the collection, maintenance, and
use of the biometrics records collected
directly by each Component. The
Department, however, still published a
SORN to cover biometrics first collected
and received from non-DHS entities,
DHS/ALL–041 External Biometric
Records (EBR) SORN, 83 FR 17829
(April 24, 2018), which governs the
maintenance and use of biometrics and
associated biographic information
received from non-DHS entities. DHS is
establishing DHS/ALL–043 Enterprise
Biometric Administrative Records
(EBAR) to cover the administrative and
technical records associated with the
enterprise biometric system, known as
the Automated Biometric Identification
System (IDENT) and its successor
information technology system,
currently in development, called the
Homeland Advanced Recognition
Technology (HART). Together, the
EBAR SORN, EBR SORN, and the
underlying Component SORNs will
replace the IDENT and Technical
Reconciliation Analysis Classification
System (TRACS) SORNs. DHS will
rescind the IDENT and TRACS SORNs
by publishing a notice of rescindment in
the Federal Register, following
publication of this SORN.
The Office of Biometric Identity
Management (OBIM) maintains the
Department’s primary repository of
biometric information held by DHS in
connection with varied missions and
functions, including law enforcement;
national security; immigration
screening; border enforcement;
intelligence; national defense;
background investigations relating to
national security positions; and
credentialing consistent with applicable
DHS authorities.
The primary repository, currently
IDENT and its successor information
technology (IT) system, HART, is a
centralized and dynamic DHS-wide
biometric database that also contains
limited biographic and encounter
history information needed to place the
biometric information in proper context.
The information is collected by, on
behalf of, in support of, or in
cooperation with DHS and its
components and may contain personally
identifiable information collected by
Federal, State, local, tribal, foreign, or
international agencies, consistent with
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[Federal Register Volume 85, Number 51 (Monday, March 16, 2020)]
[Notices]
[Pages 14953-14955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05347]
=======================================================================
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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 Val Verde County, Texas, and Maverick
County, Texas.
DATES: This determination takes effect on March 16, 2020.
SUPPLEMENTARY INFORMATION: Important mission requirements of the
Department of Homeland Security (``DHS'') include border security and
the detection and prevention of illegal entry into the United States.
Border security is critical to the nation's national security.
Recognizing the critical importance of border security, Congress has
mandated DHS to achieve and maintain operational control of the
international land border. Secure Fence Act of 2006, Public Law 109-
367, section 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
[[Page 14954]]
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, section 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, section 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 found at 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, section 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, section
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 Del Rio Sector is an area of high
illegal entry. In fiscal year 2019, the United States Border Patrol
(``Border Patrol'') apprehended over 57,000 illegal aliens attempting
to enter the United States between border crossings in the Del Rio
Sector. Also in fiscal year 2019, there were over 146 drug-related
events between border crossings in the Del Rio Sector, through which
Border Patrol seized over 40 pounds of marijuana, over 15 pounds of
cocaine, over 24 pounds of heroin, and over 195 pounds of
methamphetamine. Additionally, Val Verde County, Texas, and Maverick
County, Texas, which are located in the Del Rio Sector, have been
identified as a High Intensity Drug Trafficking Area by the Office of
National Drug Control Policy.
Due to the high levels of illegal entry of people and drugs within
the Del Rio Sector, I must use my authority under section 102 of IIRIRA
to install additional physical barriers and roads in the Del Rio
Sector. Therefore, DHS will take immediate action to replace existing
pedestrian fencing in the Del Rio Sector. The segments within which
such construction will occur are referred to herein as the ``project
areas'' and are more specifically described in Section 2 below.
The current pedestrian barrier in the Del Rio Sector does not
provide the level of impedance necessary to effectively secure the
border. Transnational criminal organizations frequently defeat and
exploit the existing fencing for narcotics and human smuggling due to
its inferior design and dilapidated condition. Construction of new
fencing with a more operational effective design will allow Border
Patrol to secure the border more effectively. Within the project areas
roads will also be constructed or improved and lighting will be
installed.
To support DHS's action under section 102 of IIRIRA, I requested
that the Secretary of Defense, pursuant to 10 U.S.C. 284(b)(7), assist
by constructing fence, roads, and lighting within the Del Rio Sector in
order to block drug smuggling corridors across the international
boundary between the United States and Mexico. The Secretary of Defense
has concluded that the support requested satisfies the statutory
requirements of 10 U.S.C. 284(b)(7) and that the Department of Defense
will provide such support in the project areas described in Section 2
below.
Section 2
I determine that the following areas in the vicinity of the United
States border, located in the State of Texas within the United States
Border Patrol's Del Rio Sector, are areas of high illegal entry (the
``project areas''):
Starting approximately two and one-half (2.5) miles north
and west of the Del Rio Port of Entry and extending south and east for
approximately three and one-half (3.5) miles; and
Starting approximately one-half (0.5) mile south of the
Eagle Pass II Port of Entry and extending north 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 physical
barriers and roads (including, but not limited to, accessing the
project areas, creating and using staging areas, the conduct of
earthwork, excavation, fill, and site preparation, and installation and
upkeep of physical barriers, roads, supporting elements, drainage,
erosion controls, safety features, lighting, cameras, and sensors) in
the project areas, all of the following statutes, including all
federal, state, or other laws, regulations, and legal requirements of,
deriving from, or related to the subject of, the following statutes, as
amended:
The National Environmental Policy Act (Pub. L. 91-190, 83 Stat. 852
(Jan. 1, 1970) (42 U.S.C. 4321 et seq.)); the Endangered Species Act
(Pub. L. 93-205, 87 Stat. 884 (Dec. 28, 1973) (16 U.S.C. 1531 et
seq.)); the Federal Water Pollution Control Act (commonly referred to
as the Clean Water Act (33 U.S.C. 1251 et seq.)); the National Historic
Preservation Act (Pub. L. 89-665, 80 Stat. 915 (Oct. 15, 1966), as
amended, repealed, or replaced by 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
[[Page 14955]]
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 at 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.); National Fish and
Wildlife Act of 1956 (Pub. L. 84-1024 (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 Wild Horse and Burro Act (16 U.S.C. 1331 et
seq.); the Administrative Procedure Act (5 U.S.C. 551 et seq.); the
Rivers and Harbors Act of 1899 (33 U.S.C. 403); the Wild and Scenic
Rivers Act (Pub. L. 90-542 (16 U.S.C. 1281 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 any other waiver
determination made pursuant to section 102(c) of IIRIRA. Such waivers
shall remain in full force and effect in accordance with their terms. I
reserve the authority to execute further waivers from time to time as I
may determine to be necessary under section 102 of IIRIRA.
Dated: March 11, 2020.
Chad F. Wolf,
Acting Secretary of Homeland Security.
[FR Doc. 2020-05347 Filed 3-13-20; 8:45 am]
BILLING CODE 9111-14-P
