Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended, 43593-43595 [2020-15548]
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Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices
protective equipment (PPE) materials
(covered materials).
Consistent with the Memorandum,
the TFR provides that until August 10,
2020, and subject to certain exemptions,
no shipments of covered materials may
leave the United States without explicit
approval by FEMA. The TFR requires
U.S. Customs and Border Protection
(CBP), in coordination with such other
officials as may be appropriate, to notify
FEMA of an intended export of covered
materials. CBP must temporarily detain
any shipment of such covered materials
pending the Administrator’s
determination whether to return for
domestic use, issue a rated order for, or
allow the export of part or all of the
shipment. In making such
determination, the Administrator may
consult other agencies and will consider
the totality of the circumstances,
including: (1) The need to ensure that
scarce or threatened items are
appropriately allocated for domestic
use; (2) minimization of disruption to
the supply chain, both domestically and
abroad; (3) the circumstances
surrounding the distribution of the
materials and potential hoarding or
price-gouging concerns; (4) the quantity
and quality of the materials; (5)
humanitarian considerations; and (6)
international relations and diplomatic
considerations.
FEMA requires a letter of attestation
regarding the Export of Certain Scarce or
Threatened Medical Resources be
submitted to FEMA via CPB’s document
imaging system and placed on file with
CBP, certifying to FEMA the purpose of
the shipment of covered materials.
This new collection was submitted
and approved by OMB until August 10,
2020, under the emergency clearance
process. FEMA is seeking public
comments on the collection through the
normal clearance process in order to
extend the collection, if necessary,
should the TFR also be extended
beyond its current end date of August
10, 2020.
khammond on DSKJM1Z7X2PROD with NOTICES
Collection of Information
Title: Letter of Attestation regarding
Export of Certain Scarce or Threatened
Medical Resources.
Type of Information Collection:
Revision of a currently approved
information collection.
OMB Number: 1660–0148.
FEMA Forms: None.
Abstract: FEMA requires a letter of
attestation regarding the Export of
Certain Scarce or Threatened Medical
Resources be submitted to FEMA via
CPB’s document imaging system and
placed on file with CBP, certifying to
VerDate Sep<11>2014
18:12 Jul 16, 2020
Jkt 250001
FEMA the purpose of the shipment of
covered materials.
Affected Public: For-Profit Business.
Estimated Number of Respondents:
168.
Estimated Number of Responses: 168.
Estimated Total Annual Burden
Hours: 84.
Estimated Total Annual Respondent
Cost: $8,568.
Estimated Respondents’ Operation
and Maintenance Costs: None.
Estimated Respondents’ Capital and
Start-Up Costs: None.
Estimated Total Annual Cost to the
Federal Government: $9,933.
Comments
Comments may be submitted as
indicated in the ADDRESSES caption
above. Comments are solicited to (a)
evaluate whether the proposed data
collection is necessary for the proper
performance of the agency, including
whether the information shall have
practical utility; (b) evaluate the
accuracy of the agency’s estimate of the
burden of the proposed collection of
information, including the validity of
the methodology and assumptions used;
(c) enhance the quality, utility, and
clarity of the information to be
collected; and (d) minimize the burden
of the collection of information on those
who are to respond, including through
the use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Maile Arthur,
Acting Records Management Branch Chief,
Office of the Chief Administrative Officer,
Mission Support, Federal Emergency
Management Agency, Department of
Homeland Security.
[FR Doc. 2020–15664 Filed 7–15–20; 4:15 pm]
BILLING CODE 9111–19–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
SUMMARY:
PO 00000
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43593
other legal requirements in order to
ensure the expeditious construction of
roads in the vicinity of the international
land border in Starr County, Texas.
DATES: This determination takes effect
on July 17, 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
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Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices
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 roads in the Rio Grande
Valley Sector. These roads will assist in
deterring illegal crossings by providing
the Border Patrol with increased access
to areas along and near the Rio Grande
River. Therefore, DHS will take
immediate action to construct roads.
The areas in the vicinity of the border
within which such construction will
occur are more specifically described in
Section 2 below.
Section 2
khammond on DSKJM1Z7X2PROD with NOTICES
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 Falcon Dam and generally
following the course of the Rio Grande River
south and east to the intersection of
Swordfish Drive and Chapeno Road;
• Starting at the intersection of Swordfish
Drive and Chapeno Road and generally
following the course of the Rio Grande River
south and east to the intersection of LaVeja
Street and Chapeno Road;
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18:12 Jul 16, 2020
Jkt 250001
• Starting approximately one-tenth (0.1) of
a mile southeast of the intersection of Este
Road and Border Avenue and extending
southwest for approximately three-tenths
(0.3) of a mile;
• Starting approximately three-hundredths
(.03) of a mile north of the southern terminus
of the Los Picos Road and generally following
the course of the Rio Grande River south and
east for approximately one and six-tenths
(1.6) miles; and
• Starting approximately six-tenths (0.6) of
a mile northwest of the intersection of Plaza
Street and Alamo Road and generally
following the course of the Rio Grande River
north and west for approximately five and
four-tenths (5.4) miles.
There is presently an acute and
immediate need to construct 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 roads in
the project areas, I have determined that
it is necessary that I exercise the
authority that is vested in me by section
102(c) of IIRIRA.
Accordingly, pursuant to section
102(c) of IIRIRA, I hereby waive in their
entirety, with respect to the
construction of roads (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 the roads, drainage,
erosion controls, and safety features) 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
PO 00000
Frm 00063
Fmt 4703
Sfmt 4703
Resources Protection Act of 1988 (16
U.S.C. 4301 et seq.); the Safe Drinking
Water Act (42 U.S.C. 300f et seq.); the
Noise Control Act (42 U.S.C. 4901 et
seq.); the Solid Waste Disposal Act, as
amended by the Resource Conservation
and Recovery Act (42 U.S.C. 6901 et
seq.); the Comprehensive Environmental
Response, Compensation, and Liability
Act (42 U.S.C. 9601 et seq.); the
Archaeological and Historic
Preservation Act (Pub. L. 86–523, 74
Stat. 220 (June 27, 1960) as amended,
repealed, or replaced by Pub. L. 113–
287, 128 Stat. 3094 (Dec. 19, 2014)
(formerly codified at 16 U.S.C. 469 et
seq., now codified at 54 U.S.C. 312502
et seq.)); the Antiquities Act (formerly
codified at 16 U.S.C. 431 et seq., now
codified 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.);
and the Native American Graves
Protection and Repatriation Act (25
U.S.C. 3001 et seq.).
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 Senior Official Performing
the Duties of the General Counsel for
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Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices
DHS, for purposes of publication in the
Federal Register.
Chad R. Mizelle,
Senior Official Performing the Duties of the
General Counsel of Homeland Security.
[FR Doc. 2020–15548 Filed 7–16–20; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–7024–N–27]
30-Day Notice of Proposed Information
Collection: HOME Investment
Partnerships Program (OMB Control
No. 2506–0171)
Office of the Chief Information
Officer, Housing and Urban
Development (HUD).
ACTION: Notice.
AGENCY:
HUD is seeking approval from
the Office of Management and Budget
(OMB) for the information collection
described below. In accordance with the
Paperwork Reduction Act, HUD is
requesting comment from all interested
parties on the proposed collection of
information. The purpose of this notice
is to allow for 30 days of public
comment.
DATES: Comments Due Date: August 17,
2020.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
Control Number and should be sent to:
HUD Desk Officer, Office of
Management and Budget, New
Executive Office Building, Washington,
DC 20503; fax: 202–395–5806, Email:
OIRA Submission@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT:
Anna P. Guido, Reports Management
Officer, QMAC, Department of Housing
and Urban Development, 451 7th Street
SW, Washington, DC 20410; email her at
Anna.P.Guido@hud.gov or telephone
202–402–5535. This is not a toll-free
number. Person with hearing or speech
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SUMMARY:
impairments may access this number
through TTY by calling the toll-free
Federal Relay Service at (800) 877–8339.
Copies of available documents
submitted to OMB may be obtained
from Ms. Guido.
SUPPLEMENTARY INFORMATION: This
notice informs the public that HUD is
seeking approval from OMB for the
information collection described in
Section A.
The Federal Register notice that
solicited public comment on the
information collection for a period of 60
days was published on March 24, 2020.
A. Overview of Information Collection
Title of Information Collection: HOME
Investment Partnerships Program.
OMB Approval Number: 2506–0171.
Type of Request: Extension of
approved collection.
Form Number: HUD 40093, SF 1199A,
HUD 20755, HUD 40107, HUD 40107A.
Description of the need for the
information and proposed use: The
information collected through HUD’s
Integrated Disbursement and
Information System (IDIS) (24 CFR
92.502) is used by HUD Field Offices,
HUD Headquarters, and HOME Program
Participating Jurisdictions (PJs). The
information on program funds
committed and disbursed is used by
HUD to track PJ performance and to
determine compliance with the
statutory 24-month commitment
deadline and the regulatory 5-year
expenditure deadline (§ 92.500(d)). The
project-specific property, tenant, owner,
and financial data is used to compile
annual reports to Congress required at
Section 284(b) of the HOME Investment
Partnerships Act, as well as to make
program management decisions about
how well program participants are
achieving the statutory objectives of the
HOME Program. Program management
reports are generated by IDIS to provide
data on the status of program
participants’ commitment and
disbursement of HOME funds. These
reports are provided to HUD staff as
well as to HOME PJs.
Reg. section
Paperwork
requirement
§ 92.61 ........................
Program Description and Housing Strategy for Insular Areas.
Reallocation—Insular Areas ......
Consortia Designation ................
State Designation of Local Recipients.
Private-Public Partnership .........
Distribution of Assistance ..........
Site and Neighborhood Standards.
Income Determination ................
Income Determination ................
Terminated Projects ...................
§ 92.66 ........................
§ 92.101 ......................
§ 92.201 ......................
§ 92.200 ......................
§ 92.201 ......................
§ 92.202 ......................
§ 92.203 ......................
§ 92.203 ......................
§ 92.205(e) ..................
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18:12 Jul 16, 2020
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Frequency
of
response
Number of
responses
PO 00000
Responses
per
annum
Management reports required in
conjunction with the Annual
Performance Report (§ 92.509) are used
by HUD Field Offices to assess the
effectiveness of locally designed
programs in meeting specific statutory
requirements and by Headquarters in
preparing the Annual Report to
Congress. Specifically, these reports
permit HUD to determine compliance
with the requirement that PJs provide a
25 percent match for HOME funds
expended during the Federal fiscal year
(Section 220 of the Act) and that
program income be used for HOME
eligible activities (Section 219 of the
Act), as well as the Women and
Minority Business Enterprise
requirements (§ 92.351(b)).
Financial, project, tenant and owner
documentation is used to determine
compliance with HOME Program cost
limits (Section 212(e) of the Act),
eligible activities (§ 92.205), and eligible
costs (§ 92.206), as well as to determine
whether program participants are
achieving the income targeting and
affordability requirements of the Act
(Sections 214 and 215). Other
information collected under subpart H
(Other Federal Requirements) is
primarily intended for local program
management and is only viewed by
HUD during routine monitoring visits.
The written agreement with the owner
for long-term obligation (§ 92.504) and
tenant protections (§ 92.253) are
required to ensure that the property
owner complies with these important
elements of the HOME Program and are
also reviewed by HUD during
monitoring visits. HUD reviews all other
data collection requirements during
monitoring to assure compliance with
the requirements of the Act and other
related laws and authorities.
HUD tracks PJ performance and
compliance with the requirements of 24
CFR parts 91 and 92. PJs use the
required information in the execution of
their program, and to gauge their own
performance in relation to stated goals.
Burden
hour per
response
Annual
burden
hours
Hourly
cost per
response
Annual cost
4.00
1.00
4.00
10.00
40.00
$41.37
$1,654.80
4.00
36.00
51.00
1.00
1.00
1.00
4.00
36.00
51.00
3.00
5.00
1.50
12.00
180.00
76.50
41.37
41.37
41.37
496.44
7,446.60
3,164.81
594.00
594.00
594.00
1.00
1.00
1.00
594.00
594.00
594.00
2.00
2.00
2.00
1,188.00
1,188.00
1,188.00
41.37
41.37
41.37
49,147.56
49,147.56
49,147.56
6,667.00
85,000.00
180.00
1.00
1.00
1.00
6,667.00
85,000.00
180.00
2.00
0.75
5.00
13,334.00
63,750.00
900.00
41.37
41.37
41.37
551,627.58
2,637,337.50
37,233.00
Frm 00064
Fmt 4703
Sfmt 4703
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]]>Agencies
[Federal Register Volume 85, Number 138 (Friday, July 17, 2020)]
[Notices]
[Pages 43593-43595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15548]
-----------------------------------------------------------------------
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 roads in the vicinity of the international
land border in Starr County, Texas.
DATES: This determination takes effect on July 17, 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
[[Page 43594]]
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 roads in the Rio Grande Valley Sector. These roads
will assist in deterring illegal crossings by providing the Border
Patrol with increased access to areas along and near the Rio Grande
River. Therefore, DHS will take immediate action to construct roads.
The areas in the vicinity of the border within which such construction
will occur are more specifically 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 Border Patrol's
Rio Grande Valley Sector, are areas of high illegal entry (the
``project areas''):
Starting at Falcon Dam and generally following the
course of the Rio Grande River south and east to the intersection of
Swordfish Drive and Chapeno Road;
Starting at the intersection of Swordfish Drive and
Chapeno Road and generally following the course of the Rio Grande
River south and east to the intersection of LaVeja Street and
Chapeno Road;
Starting approximately one-tenth (0.1) of a mile
southeast of the intersection of Este Road and Border Avenue and
extending southwest for approximately three-tenths (0.3) of a mile;
Starting approximately three-hundredths (.03) of a mile
north of the southern terminus of the Los Picos Road and generally
following the course of the Rio Grande River south and east for
approximately one and six-tenths (1.6) miles; and
Starting approximately six-tenths (0.6) of a mile
northwest of the intersection of Plaza Street and Alamo Road and
generally following the course of the Rio Grande River north and
west for approximately five and four-tenths (5.4) miles.
There is presently an acute and immediate need to construct 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 roads in the project areas, I have
determined that it is necessary that I exercise the authority that is
vested in me by section 102(c) of IIRIRA.
Accordingly, pursuant to section 102(c) of IIRIRA, I hereby waive
in their entirety, with respect to the construction of roads
(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 the roads,
drainage, erosion controls, and safety features) 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 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.); and the Native American Graves
Protection and Repatriation Act (25 U.S.C. 3001 et seq.).
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 Senior
Official Performing the Duties of the General Counsel for
[[Page 43595]]
DHS, for purposes of publication in the Federal Register.
Chad R. Mizelle,
Senior Official Performing the Duties of the General Counsel of
Homeland Security.
[FR Doc. 2020-15548 Filed 7-16-20; 8:45 am]
BILLING CODE 9111-14-P
