Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended, 14958-14960 [2020-05366]
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14958
Federal Register / Vol. 85, No. 51 / Monday, March 16, 2020 / Notices
Officer in consultation with counsel,
when there exists a legitimate public
interest in the disclosure of the
information, when disclosure is
necessary to preserve confidence in the
integrity of DHS, or when disclosure is
necessary to demonstrate the
accountability of DHS’s officers,
employees, or individuals covered by
the system, except to the extent the
Chief Privacy Officer determines that
release of the specific information in the
context of a particular case would
constitute a clearly unwarranted
invasion of personal privacy.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
DHS stores records in this system
electronically in secure facilities
protected through multi-layer security
mechanisms and strategies that are
physical, technical, administrative, and
environmental in nature. The records
may be stored on magnetic disc, tape,
and digital media.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records may be retrieved by select
personal identifiers; primarily the FIN.
The system also allows for queries based
on other information in the system
including but not limited to unique
identification numbers.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
The transactional record systems
retention schedule is currently in
development with OBIM and will be
submitted thereafter to NARA for
approval.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
DHS safeguards records in this system
according to applicable rules and
policies, including all applicable DHS
automated systems security and access
policies. DHS has imposed strict
controls to minimize the risk of
compromising the information that is
being stored. Access to the computer
system containing the records in this
system is limited to those individuals
who have a need to know the
information for the performance of their
official duties and who have appropriate
clearances or permissions.
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RECORD ACCESS PROCEDURES:
DHS will consider individual requests
to determine whether or not information
may be released. Individuals seeking
access to and notification of any record
contained in this system of records, or
seeking to contest its content, may
submit a request in writing to the Chief
Privacy Officer and FOIA Officer, whose
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contact information can be found at
https://www.dhs.gov/foia under ‘‘FOIA
Contact Information.’’ If an individual
believes more than one component
maintains Privacy Act records
concerning him or her, the individual
may submit the request to the Chief
Privacy Officer and Chief Freedom of
Information Act Officer, Department of
Homeland Security, Washington, DC
20528–0655. Even if neither the Privacy
Act nor the Judicial Redress Act provide
a right of access, certain records about
the individual maybe available under
the Freedom of Information Act.
When seeking records from this
system of records or any other
Departmental system of records, the
request must conform with the Privacy
Act regulations set forth in 6 CFR part
5. The individual must first verify his or
her identity, meaning that he or she
must provide his or her full name,
current address, and date and place of
birth. The individual must sign the
request, and the signature must either be
notarized or submitted under 28 U.S.C.
1746, a law that permits statements to
be made under penalty of perjury as a
substitute for notarization. While no
specific form is required, an individual
may obtain forms for this purpose from
the Chief Privacy Officer and Chief
Freedom of Information Act Officer,
https://www.dhs.gov/foia or 1–866–431–
0486. In addition, the individual
should:
• Explain why he or she believe the
Department would have information
being requested;
• Identify which Component(s) of the
Department he or she believes may have
the information;
• Specify when you believe the
records would have been created; and
• Provide any other information that
will help the FOIA staff determine
which DHS Component agency may
have responsive records;
If the request is seeking records
pertaining to another living individual,
the person seeking the records must
include a statement from the subject
individual certifying his/her agreement
for the requestor to access his or her
records.
Without the above information, the
Component(s) may not be able to
conduct an effective search, and the
request may be denied due to lack of
specificity or lack of compliance with
applicable regulations.
For records covered by the Privacy
Act or covered JRA records, see
‘‘Records Access Procedures’’ above,
and 6 CFR part 5.
Frm 00087
Fmt 4703
Sfmt 4703
See ‘‘Record Access Procedures.’’
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
The Secretary of Homeland Security,
pursuant to 5 U.S.C. 552a(j)(2), has
exempted this system from the
following provisions of the Privacy Act:
5 U.S.C. 552a(c)(3), (c)(4); (d); (e)(1),
(e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I),
(e)(5), and (e)(8); (f); and (g).
Additionally, the Secretary of Homeland
Security, pursuant to 5 U.S.C.
552a(k)(1), (k)(2), and (k)(5), has
exempted this system from the
following provisions of the Privacy Act,
5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G),
(e)(4)(H); and (f).
Exemptions from these particular
subsections are justified on a case-bycase basis determined at the time a
request is made. When this system
receives a record from another system
exempted in that source system under 5
U.S.C. 552a(j)(2), 5 U.S.C. 552a(k)(1),
(k)(2), and (k)(5), DHS will claim the
same exemptions for those records that
are claimed for the original primary
systems of records from which they
originated and claim any additional
exemptions set forth here.
HISTORY:
Records in this System of Records
were previously covered under DHS/
US–VISIT–001 DHS Automated
Biometric Identification System
(IDENT), 72 FR 31080 (June 5, 2007) and
DHS/NPPD/USVISIT–003 Technical
Reconciliation Analysis Classification
System (TRACS), 73 FR 116 (June 16,
2008).
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2020–04979 Filed 3–10–20; 8:45 am]
BILLING CODE 9110–9B–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
SUMMARY:
CONTESTING RECORD PROCEDURES:
PO 00000
NOTIFICATION PROCEDURES:
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Federal Register / Vol. 85, No. 51 / Monday, March 16, 2020 / Notices
barriers and roads in the vicinity of the
international land border in San Diego
County, California.
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
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
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Jkt 250001
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 San
Diego Sector is an area of high illegal
entry. In fiscal year 2019, the United
States Border Patrol (‘‘Border Patrol’’)
apprehended over 58,000 illegal aliens
attempting to enter the United States
between border crossings in the San
Diego Sector. Also in fiscal year 2019,
there were over 300 drug-related events
between border crossings in the San
Diego Sector, through which Border
Patrol seized over 3,300 pounds of
marijuana, over 1,280 pounds of
cocaine, over 293 pounds of heroin,
over 3,985 pounds of
methamphetamine, and over 107
pounds of fentanyl. Additionally, San
Diego County, California, which is
located in the San Diego Sector, has
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 San
Diego Sector, I must use my authority
under section 102 of IIRIRA to install
additional physical barriers and roads in
the San Diego Sector. Therefore, DHS
will take immediate action to replace
existing and construct new pedestrian
fencing in a number of non-contiguous
segments of the border in the San Diego
Sector. The segments where such
construction will occur are referred to
herein as the ‘‘project area,’’ which is
more specifically described in Section 2
below.
The existing pedestrian fencing
within the projects area, which includes
landing mat fencing that is easily
breached and has been damaged to the
extent it is ineffective, is susceptible to
exploitation. Replacement of the
existing pedestrian fencing will increase
the impedance capability in the San
Diego Sector. Additionally, the
construction of new fencing will close
gaps and serve to slow or stop illegal
activity, including narcotics smuggling
and illegal entry. Within the project area
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Fmt 4703
Sfmt 4703
14959
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 San
Diego 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 area described in Section 2
below.
Section 2
I determine that the following area in
the vicinity of the United States border,
located in the State of California within
the United States Border Patrol’s San
Diego Sector, is an area of high illegal
entry (the ‘‘project area’’): Starting
approximately one and one-half (1.5)
miles east of Border Monument 243 and
extending east to the San Diego-Imperial
County line.
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 area, 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 area, 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
area, 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
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Federal Register / Vol. 85, No. 51 / Monday, March 16, 2020 / Notices
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 (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
(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
National Trails System Act (16 U.S.C.
1241 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, as
amended, repealed, or replaced by Pub.
L. 113–287 (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.); the Wilderness Act
(Pub. L. 88–577 (16 U.S.C. 1131 et seq.));
the Federal Land Policy and
Management Act (Pub L. 94–579 (43
U.S.C. 1701 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 (16 U.S.C. 661 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 Eagle
Protection Act (16 U.S.C. 668 et seq.);
sections 102(29) and 103 of Title I of the
California Desert Protection Act (Pub. L.
103–433); 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
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18:29 Mar 13, 2020
Jkt 250001
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. 2020–05366 Filed 3–13–20; 8:45 am]
BILLING CODE 9111–14–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 Imperial
County, California.
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
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
SUMMARY:
PO 00000
Frm 00089
Fmt 4703
Sfmt 4703
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 El
Centro Sector is an area of high illegal
entry. In fiscal year 2019, the United
States Border Patrol (‘‘Border Patrol’’)
apprehended over 35,000 illegal aliens
attempting to enter the United States
between border crossings in the El
Centro Sector. Also in fiscal year 2019,
there were approximately 180 drugrelated events between border crossings
in the El Centro Sector, through which
Border Patrol seized over 100 pounds of
marijuana, over 60 pounds of cocaine,
over 100 pounds of heroin, and over
2,600 pounds of methamphetamine.
Additionally, Imperial County,
California, which is located largely in
the El Centro Sector, has been identified
as a High Intensity Drug Trafficking
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]]>Agencies
[Federal Register Volume 85, Number 51 (Monday, March 16, 2020)]
[Notices]
[Pages 14958-14960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05366]
-----------------------------------------------------------------------
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
[[Page 14959]]
barriers and roads in the vicinity of the international land border in
San Diego County, California.
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 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 San Diego Sector is an area of
high illegal entry. In fiscal year 2019, the United States Border
Patrol (``Border Patrol'') apprehended over 58,000 illegal aliens
attempting to enter the United States between border crossings in the
San Diego Sector. Also in fiscal year 2019, there were over 300 drug-
related events between border crossings in the San Diego Sector,
through which Border Patrol seized over 3,300 pounds of marijuana, over
1,280 pounds of cocaine, over 293 pounds of heroin, over 3,985 pounds
of methamphetamine, and over 107 pounds of fentanyl. Additionally, San
Diego County, California, which is located in the San Diego Sector, has
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 San Diego Sector, I must use my authority under section 102 of
IIRIRA to install additional physical barriers and roads in the San
Diego Sector. Therefore, DHS will take immediate action to replace
existing and construct new pedestrian fencing in a number of non-
contiguous segments of the border in the San Diego Sector. The segments
where such construction will occur are referred to herein as the
``project area,'' which is more specifically described in Section 2
below.
The existing pedestrian fencing within the projects area, which
includes landing mat fencing that is easily breached and has been
damaged to the extent it is ineffective, is susceptible to
exploitation. Replacement of the existing pedestrian fencing will
increase the impedance capability in the San Diego Sector.
Additionally, the construction of new fencing will close gaps and serve
to slow or stop illegal activity, including narcotics smuggling and
illegal entry. Within the project area 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 San Diego 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 area described in Section 2
below.
Section 2
I determine that the following area in the vicinity of the United
States border, located in the State of California within the United
States Border Patrol's San Diego Sector, is an area of high illegal
entry (the ``project area''): Starting approximately one and one-half
(1.5) miles east of Border Monument 243 and extending east to the San
Diego-Imperial County line.
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 area, 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 area, 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 area, 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
[[Page 14960]]
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 (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 (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 National Trails
System Act (16 U.S.C. 1241 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, as amended, repealed, or replaced by Pub. L. 113-287 (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.);
the Wilderness Act (Pub. L. 88-577 (16 U.S.C. 1131 et seq.)); the
Federal Land Policy and Management Act (Pub L. 94-579 (43 U.S.C. 1701
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 (16 U.S.C. 661 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 Eagle Protection Act (16 U.S.C. 668 et seq.); sections
102(29) and 103 of Title I of the California Desert Protection Act
(Pub. L. 103-433); 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. 2020-05366 Filed 3-13-20; 8:45 am]
BILLING CODE 9111-14-P
