Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended, 21015-21017 [2020-07981]

Download as PDF Federal Register / Vol. 85, No. 73 / Wednesday, April 15, 2020 / Notices 93.846–93.878, 93.892, 93.893, National Institutes of Health, HHS) Dated: April 10, 2020. Ronald J. Livingston, Jr., Program Analyst, Office of Federal Advisory Committee Policy. [FR Doc. 2020–07915 Filed 4–14–20; 8:45 am] BILLING CODE 4140–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Cancer Institute; Amended Notice of Meeting Notice is hereby given of a change in the meeting of the National Cancer Institute Special Emphasis Panel, May 20, 2020, 8:00 a.m. to May 21, 2020, 2:00 p.m., National Cancer Institute Shady Grove, Shady Grove, 9609 Medical Center Drive, Rockville, MD, 20850 which was published in the Federal Register on March 31, 2020, 85 FR 17896 . This notice is being amended to change the meeting start time from 8:00 a.m. to 9:00 a.m. The teleconference meeting will now be held from May 20, 2020, 9:00 a.m. to May 21, 2020, 2:00 p.m. The meeting is closed to the public. Dated: April 9, 2020. Melanie J. Pantoja, Program Analyst, Office of Federal Advisory Committee Policy. [FR Doc. 2020–07889 Filed 4–14–20; 8:45 am] BILLING CODE 4140–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health jbell on DSKJLSW7X2PROD with NOTICES Center for Scientific Review; Notice of Closed Meeting Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting. The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. VerDate Sep<11>2014 18:22 Apr 14, 2020 Jkt 250001 Name of Committee: Center for Scientific Review Special Emphasis Panel; Small Business Urology. Date: April 22, 2020. Time: 2:00 p.m. to 3:00 p.m. Agenda: To review and evaluate grant applications. Place: National Institutes of Health, Rockledge II, 6701 Rockledge Dr., Bethesda, MD 20892 (Telephone Conference Call). Contact Person: Jonathan K Ivins, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 2190, MSC 7850, Bethesda, MD 20892, (301) 594– 1245, ivinsj@csr.nih.gov. (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393–93.396, 93.837–93.844, 93.846–93.878, 93.892, 93.893, National Institutes of Health, HHS) 21015 This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle. (Catalogue of Federal Domestic Assistance Program Nos. 93.866, Aging Research, National Institutes of Health, HHS) Dated: April 8, 2020. Miguelina Perez, Program Analyst, Office of Federal Advisory Committee Policy. [FR Doc. 2020–07890 Filed 4–14–20; 8:45 am] BILLING CODE 4140–01–P DEPARTMENT OF HOMELAND SECURITY Office of the Secretary Dated: April 8, 2020. Miguelina Perez, Program Analyst, Office of Federal Advisory Committee Policy. Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended [FR Doc. 2020–07892 Filed 4–14–20; 8:45 am] AGENCY: BILLING CODE 4140–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute on Aging; Notice of Closed Meeting Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting. The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. Name of Committee: National Institute on Aging Special Emphasis Panel; Genome Analysis. Date: April 29, 2020. Time: 12:30 p.m. to 5:00 p.m. Agenda: To review and evaluate grant applications. Place: National Institute on Aging, Gateway Building, 7201 Wisconsin Avenue, Bethesda, MD 20892 (Telephone Conference Call). Contact Person: Nijaguna Prasad, Ph.D., Scientific Review Officer, Scientific Review Branch, National Institute on Aging, National Institutes of Health, 7201 Wisconsin Avenue, Gateway Building, Suite 2W200, Bethesda, MD 20892, (301) 496–9667, nijaguna.prasad@nih.gov. PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 Office of the Secretary, Department of Homeland Security. 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 Starr County, Texas. DATES: This determination takes effect on April 15, 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, SUMMARY: E:\FR\FM\15APN1.SGM 15APN1 21016 Federal Register / Vol. 85, No. 73 / Wednesday, April 15, 2020 / Notices 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 jbell on DSKJLSW7X2PROD with NOTICES Section 1 The United States Border Patrol’s (Border Patrol) Rio Grande Valley Sector is an area of high illegal entry. In fiscal year 2019, the Border Patrol apprehended over 339,000 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 1,000 drug-related events between border crossings in the Rio Grande Valley Sector, through which it seized over 122,000 pounds of marijuana, over 2,500 pounds of cocaine, over 90 pounds of heroin, over 1,700 pounds of VerDate Sep<11>2014 18:22 Apr 14, 2020 Jkt 250001 methamphetamine, and over 11 pounds of fentanyl. 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. The areas in Section 2 are located within the cities and the census designated place specifically enumerated in section 232(c) of title II of division A of the Consolidated Appropriations Act, 2019. See Public Law 116–6, Div. A, Title II, section 232. As required by section 232(a) of the Consolidated Appropriations Act, 2019, DHS consulted with local elected officials from the cities and census designated place identified in section 232(c) of the Consolidated Appropriations Act, 2019 regarding the alignment and design of physical barriers in such areas. Section 2 I determine that the following areas in the vicinity of the United States border, located in the State of Texas within the Border Patrol’s Rio Grande Valley Sector, are areas of high illegal entry (the ‘‘project areas’’): • Starting at the western boundary of the census designated place of Salineno, Texas and generally following the Rio Grande River south and east to the southeast boundary of the census designated place of Salineno, Texas. • Starting at the western boundary of the Los Negros Creek Tract of the Lower Rio Grande Valley National Wildlife Refuge and generally following the Rio Grande River east to the eastern boundary of the city limits of Escobares, Texas. • Starting at the western boundary of the city limits of Rio Grande City, Texas, and extending east to approximately two hundred and fifteen (215) feet southeast of the location where the international bridge at the Rio Grande City port of entry begins to cross the Rio Grande River. • Starting approximately one-quarter (0.25) of a mile northwest of the intersection of Mission Street and West Private Lazaro Solis Street, then extending south for approximately one and one-half (1.5) miles, then extending north and east to approximately one and one-half (1.5) miles southeast of the intersection of East Private Lazaro Solis Street and El Sol Drive. PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 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 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 E:\FR\FM\15APN1.SGM 15APN1 Federal Register / Vol. 85, No. 73 / Wednesday, April 15, 2020 / Notices 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.); 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 (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 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. Signature The Acting Secretary of Homeland Security, Chad F. Wolf, having reviewed and approved this document, is delegating the authority to electronically sign this document to Chad R. Mizelle, who is the Acting General Counsel for DHS, for purposes of publication in the Federal Register. Chad R. Mizelle, Acting General Counsel. jbell on DSKJLSW7X2PROD with NOTICES [FR Doc. 2020–07981 Filed 4–14–20; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration [Docket Nos. TSA–2006–24191; USCG– 2006–24196] Exemption To Extend the Expiration Date of Certain Transportation Worker Identification Credentials Transportation Security Administration (TSA), DHS. ACTION: Notice of temporary exemption. AGENCY: TSA is granting a temporary exemption from requirements in 49 CFR part 1572 regarding the expiration of certain Transportation Worker Identification Credentials (TWIC®s). For the duration of this exemption, TSA will extend the expiration date of TWIC®s that expired on or after March 1, 2020, by 180 days. DATES: This exemption becomes effective on April 10, 2020, and remains in effect through July 31, 2020, unless otherwise modified by TSA through a notice published in the Federal Register. SUMMARY: FOR FURTHER INFORMATION CONTACT: Stephanie Hamilton, 571–227–2851, or TWIC.Issue@tsa.dhs.gov. SUPPLEMENTARY INFORMATION: Background On March 11, 2020, the World Health Organization declared the SARS–CoV–2 virus (Novel Coronavirus) and Coronavirus Disease 2019 (COVID–19) to be a global pandemic. On March 13, 2020, the President declared a National Emergency.1 The President then issued Executive Order 13909, Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of Covid–19 (March 18, 2020), which declared: ‘‘. . . it is critical that all health and medical resources needed to respond to the spread of COVID–19 are properly distributed to the Nation’s healthcare system and others that need them most at this time.’’ In response to these actions, a majority of states have imposed significant restrictions on commercial activities and individual movement, except when performing essential functions. Moreover, health experts and the government have strongly recommended that individuals practice social distancing when engaging with others, to minimize the spread of COVID–19. During this time, it is vital 1 See Proclamation 9994, Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID–19) Outbreak (March 13, 2020). Published at 85 FR 15337 (March 18, 2020). VerDate Sep<11>2014 18:22 Apr 14, 2020 Jkt 250001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 21017 to move cargo expeditiously through the supply chain, and to ensure that medical supplies and home goods reach healthcare centers and consumers. Maritime facilities and vessels are an integral part of the supply chain and must continue to operate at full capacity. The Department of Homeland Security (DHS), through TSA and the U.S. Coast Guard (Coast Guard), published a final rule on January 25, 2007 that establishes requirements for merchant mariners and workers who need unescorted access to secure areas of maritime facilities and vessels.2 These individuals must successfully complete a security threat assessment (STA) conducted by TSA and hold a TWIC® in order to enter secure areas without escort. TSA and the Coast Guard administer the TWIC® program. Persons who are required to hold a TWIC® (defined as a mariner credentialed under 46 CFR part 10 or 12, and anyone needing unescorted access to a secure area of a vessel or facility regulated under 33 CFR parts 104, 105, or 106) are required to enroll and provide proof of identity and fingerprints at approved enrollment sites, designated and operated by a TSA trusted agent.3 TSA’s regulations require individuals who seek unescorted access to secured areas of maritime facilities and vessels to undergo an STA in order to receive a TWIC®. A TWIC® expires five years from the date of issuance 4 and individuals must go to a TSA enrollment center to initiate a new STA to receive a new credential. There are 2,294,797 active TWIC®s in circulation today, and TSA records indicate that 234,536, or approximately 10% of them, will expire in the next six months. Social distancing practices in response to the COVID–19 crisis make gathering at enrollment centers unwise or prohibited. Approximately one-third of TSA’s TWIC® enrollment centers have been forced to close because they are collocated with commercial or government offices that are closed as a result of COVID–19. For those that are operating, the process of collecting fingerprints, which is required for TWIC®, and completing the enrollment process may introduce risk to enrollment center staff or TWIC® applicants. 2 The final rule implements requirements in the Maritime Transportation Security Act (MTSA), Public Law 107–295, 116 Stat. 2064 (November 25, 2002), and the Security and Accountability for Every Port Act of 2006 (SAFE Port Act), Public Law 109–347 (October 13, 2006). 3 See 49 CFR 1572.17. 4 See 49 CFR 1572.23(a). E:\FR\FM\15APN1.SGM 15APN1

Agencies

[Federal Register Volume 85, Number 73 (Wednesday, April 15, 2020)]
[Notices]
[Pages 21015-21017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07981]


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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.

DATES: This determination takes effect on April 15, 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,

[[Page 21016]]

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 (Border Patrol) Rio Grande Valley 
Sector is an area of high illegal entry. In fiscal year 2019, the 
Border Patrol apprehended over 339,000 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 
1,000 drug-related events between border crossings in the Rio Grande 
Valley Sector, through which it seized over 122,000 pounds of 
marijuana, over 2,500 pounds of cocaine, over 90 pounds of heroin, over 
1,700 pounds of methamphetamine, and over 11 pounds of fentanyl.
    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. The areas in Section 2 are located within the cities and the 
census designated place specifically enumerated in section 232(c) of 
title II of division A of the Consolidated Appropriations Act, 2019. 
See Public Law 116-6, Div. A, Title II, section 232. As required by 
section 232(a) of the Consolidated Appropriations Act, 2019, DHS 
consulted with local elected officials from the cities and census 
designated place identified in section 232(c) of the Consolidated 
Appropriations Act, 2019 regarding the alignment and design of physical 
barriers in such areas.

Section 2

    I determine that the following areas in the vicinity of the United 
States border, located in the State of Texas within the Border Patrol's 
Rio Grande Valley Sector, are areas of high illegal entry (the 
``project areas''):
     Starting at the western boundary of the census designated 
place of Salineno, Texas and generally following the Rio Grande River 
south and east to the southeast boundary of the census designated place 
of Salineno, Texas.
     Starting at the western boundary of the Los Negros Creek 
Tract of the Lower Rio Grande Valley National Wildlife Refuge and 
generally following the Rio Grande River east to the eastern boundary 
of the city limits of Escobares, Texas.
     Starting at the western boundary of the city limits of Rio 
Grande City, Texas, and extending east to approximately two hundred and 
fifteen (215) feet southeast of the location where the international 
bridge at the Rio Grande City port of entry begins to cross the Rio 
Grande River.
     Starting approximately one-quarter (0.25) of a mile 
northwest of the intersection of Mission Street and West Private Lazaro 
Solis Street, then extending south for approximately one and one-half 
(1.5) miles, then extending north and east to approximately one and 
one-half (1.5) miles southeast of the intersection of East Private 
Lazaro Solis Street and El Sol Drive.
    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 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

[[Page 21017]]

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.); 
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 (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 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.

Signature

    The Acting Secretary of Homeland Security, Chad F. Wolf, having 
reviewed and approved this document, is delegating the authority to 
electronically sign this document to Chad R. Mizelle, who is the Acting 
General Counsel for DHS, for purposes of publication in the Federal 
Register.

Chad R. Mizelle,
Acting General Counsel.
[FR Doc. 2020-07981 Filed 4-14-20; 8:45 am]
 BILLING CODE 9111-14-P
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