Federal Register / Vol. 85, No. 51 / Monday, March 16, 2020 / Notices 14963

190, 83 Stat. 852 (Jan. 1, 1970) (42 1119 (Aug. 8, 1956) (16 U.S.C. 742a, et DEPARTMENT OF HOMELAND U.S.C. 4321 et seq.)); the Endangered seq.)); the Fish and Wildlife SECURITY Species Act (Pub. L. 93–205, 87 Stat. Coordination Act (Pub. L. 73–121, 48 884 (Dec. 28, 1973) (16 U.S.C. 1531 et Stat. 401 (March 10, 1934) (16 U.S.C. Office of the Secretary seq.)); the Federal Water 661 et seq.)); the National Trails System Determination Pursuant to Section 102 Control Act (commonly referred to as Act (16 U.S.C. 1241 et seq.); the the (33 U.S.C. 1251 et of the Illegal Immigration Reform and Administrative Procedure Act (5 U.S.C. Immigrant Responsibility Act of 1996, seq.)); the National Historic Preservation 551 et seq.); the Wild Horse and Burro as Amended Act (Pub. L. 89–665, 80 Stat. 915 (Oct. Act (16 U.S.C. 1331 et seq.); the Rivers 15, 1966), as amended, repealed, or and Harbors Act of 1899 (33 U.S.C. 403); AGENCY: Office of the Secretary, replaced by Pub. L. 113–287, 128 Stat. the National Park Service Organic Act Department of Homeland Security. 3094 (Dec. 19, 2014) (formerly codified and the National Park Service General ACTION: Notice of determination. at 16 U.S.C. 470 et seq., now codified at Authorities Act (Pub. L. 64–235, 39 Stat. SUMMARY: The Acting Secretary of 54 U.S.C. 100101 note and 54 U.S.C. 535 (Aug. 25, 1916) and Pub. L. 91–383, 300101 et seq.)); the Migratory Bird Homeland Security has determined, 84 Stat. 825 (Aug. 18, 1970) as amended, pursuant to law, that it is necessary to Treaty Act (16 U.S.C. 703 et seq.); the repealed, or replaced by Pub. L. 113– Migratory Bird Conservation Act (16 waive certain laws, regulations, and 287, 128 Stat. 3094 (Dec. 19, 2014) U.S.C. 715 et seq.); the Clean Air Act (42 other legal requirements in order to (formerly codified at 16 U.S.C. 1, 2–4 U.S.C. 7401 et seq.); the Archeological ensure the expeditious construction of and 16 U.S.C. 1a–1 et seq., now codified Resources Protection Act (Pub. L. 96–95, barriers and roads in the vicinity of the 93 Stat. 721 (Oct. 31, 1979) (16 U.S.C. at 54 U.S.C. 100101–100102, 54 U.S.C. international land border in Luna 470aa et seq.)); the Paleontological 100301–100303, 54 U.S.C. 100501– County, New Mexico, Don˜ a Ana County, Resources Preservation Act (16 U.S.C. 100507, 54 U.S.C. 100701–100707, 54 New Mexico, and El Paso County, 470aaa et seq.); the Federal Cave U.S.C. 100721–100725, 54 U.S.C. Texas. Resources Protection Act of 1988 (16 100751–100755, 54 U.S.C. 100901– DATES: This determination takes effect U.S.C. 4301 et seq.); the Safe Drinking 100906, 54 U.S.C. 102101–102102)); on March 16, 2020. Water Act (42 U.S.C. 300f et seq.); the Arizona-Idaho Conservation Act of 1988 SUPPLEMENTARY INFORMATION: Control Act (42 U.S.C. 4901 et (Pub. L. 100–696, 102 Stat. 4571 (Nov. Important mission requirements of the seq.); the Solid Waste Disposal Act, as 18, 1988) (16 U.S.C. 460xx)); 16 U.S.C. Department of Homeland Security amended by the Resource Conservation 450y (Pub. L. 77–216, 55 Stat. 630 (Aug. (‘‘DHS’’) include border security and the and Recovery Act (42 U.S.C. 6901 et 18, 1941), as amended by Pub. L. 82– detection and prevention of illegal entry seq.); the Comprehensive Environmental 478, 66 Stat. 510 (July 9, 1952)); 67 Stat. into the . Border security Response, Compensation, and Liability c18 (Nov. 5, 1952); National Forest is critical to the nation’s national Act (42 U.S.C. 9601 et seq.); the Management Act of 1976 (16 U.S.C. security. Recognizing the critical Archaeological and Historic 1600 et seq.); Multiple-Use and importance of border security, Congress Preservation Act (Pub. L. 86–523, 74 Sustained-Yield Act of 1960 (16 U.S.C. has mandated DHS to achieve and Stat. 220 (June 27, 1960) as amended, 528–531); 16 U.S.C. 472; 16 U.S.C. 551; maintain operational control of the repealed, or replaced by Pub. L. 113– the Eagle Protection Act (16 U.S.C. 668 international land border. Secure Fence 287, 128 Stat. 3094 (Dec. 19, 2014) et seq.); the Native American Graves Act of 2006, Public Law 109–367, (formerly codified at 16 U.S.C. 469 et Protection and Repatriation Act (25 section 2, 120 Stat. 2638 (Oct. 26, 2006) seq., now codified at 54 U.S.C. 312502 U.S.C. 3001 et seq.); and the American (8 U.S.C. 1701 note). Congress defined et seq.)); the (formerly Indian Religious Freedom Act (42 U.S.C. ‘‘operational control’’ as the prevention codified at 16 U.S.C. 431 et seq., now 1996). of all unlawful entries into the United codified at 54 U.S.C. 320301 et seq.); the States, including entries by terrorists, Historic Sites, Buildings, and This waiver does not revoke or other unlawful aliens, instruments of Antiquities Act (formerly codified at 16 supersede any other waiver terrorism, narcotics, and other U.S.C. 461 et seq., now codified at 54 determination made pursuant to section contraband. Id. Consistent with that U.S.C. 3201–320303 & 320101–320106); 102(c) of IIRIRA. Such waivers shall mandate from Congress, the President’s Wild and Scenic Rivers Act (Pub. L. 90– remain in full force and effect in Executive Order on Border Security and 542, 82 Stat. 906 (Oct. 2, 1968) (16 accordance with their terms. I reserve Immigration Enforcement Improvements U.S.C. 1271 et seq.)); the Farmland the authority to execute further waivers directed executive departments and Protection Policy Act (7 U.S.C. 4201 et from time to time as I may determine to agencies to deploy all lawful means to seq.); the Federal Land Policy and be necessary under section 102 of secure the southern border. Executive Management Act (Pub L. 94–579, 90 IIRIRA. Order 13767, section 1. In order to Stat. 2743 (Oct. 21, 1976) (43 U.S.C. Dated: March 11, 2020. achieve that end, the President directed, 1701 et seq.)); the Wilderness Act (Pub. among other things, that I take L. 88–577, 78 Stat. 890 (Sept. 3, 1964) Chad F. Wolf, immediate steps to prevent all unlawful (16 U.S.C. 1131 et seq.)); sections Acting Secretary of Homeland Security. entries into the United States, including 101(a)(14), 101(a)(17), and 101(b) of [FR Doc. 2020–05349 Filed 3–13–20; 8:45 am] the immediate construction of physical Title I of the Arizona Wilderness Act of BILLING CODE 9111–14–P infrastructure to prevent illegal entry. 1984 (Pub. L. 98–406, 98 Stat. 1486 Executive Order 13767, section 4(a). (August 28, 1984)); the National Congress has provided to the Wildlife Refuge System Administration Secretary of Homeland Security a Act (Pub. L. 89–669 (16 U.S.C. 668dd– number of authorities necessary to carry 668ee)); the National Wildlife Refuge out DHS’s border security mission. One System Improvement Act of 1997 (Pub. of those authorities is found at section L. 105–57); National Fish and Wildlife 102 of the Illegal Immigration Reform Act of 1956 (Pub. L. 84–1024, 70 Stat. and Immigrant Responsibility Act of

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1996, as amended (‘‘IIRIRA’’). Public primary pedestrian fencing and replace Monument 3 and extending east to Law 104–208, Div. C, 110 Stat. 3009– existing primary pedestrian and approximately Border Monument 2; 546, 3009–554 (Sept. 30, 1996) (8 U.S.C. secondary fencing in the El Paso Sector. • Starting at approximately the New 1103 note), as amended by the REAL ID The segments within which such Mexico—Texas state line and generally Act of 2005, Public Law 109–13, Div. B, construction will occur are referred to following the International Boundary 119 Stat. 231, 302, 306 (May 11, 2005) herein as the ‘‘project areas’’ and are and Water Commission levee south and (8 U.S.C. 1103 note), as amended by the more specifically described in Section 2 east for approximately two (2) miles; Secure Fence Act of 2006, Public Law below. • Starting approximately one-half 109–367, section 3, 120 Stat. 2638 (Oct. The existing pedestrian and (0.5) of a mile north and west of the 26, 2006) (8 U.S.C. 1103 note), as secondary fencing within the project Paso Del Norte Port of Entry and amended by the Department of areas no longer meets Border Patrol’s generally following the International Homeland Security Appropriations Act, operational needs. The existing Boundary and Water Commission levee 2008, Public Law 110–161, Div. E, Title pedestrian and secondary fencing is not east to approximately one-half (0.5) of a V, section 564, 121 Stat. 2090 (Dec. 26, of sufficient height. Further, the existing mile south and east of the Bridge of the Americas Port of Entry; and 2007). In section 102(a) of IIRIRA, pedestrian fencing was constructed with • Congress provided that the Secretary of thinner materials that are easily Starting approximately one and Homeland Security shall take such breached. It therefore does not provide one-half (1.5) miles south and east of the actions as may be necessary to install the level of impedance necessary to Bridge of the Americas Port of Entry and additional physical barriers and roads meet Border Patrol’s operational needs. generally following the International Boundary and Water Commission levee (including the removal of obstacles to Both will be replaced with fencing that south and east to approximately nine (9) detection of illegal entrants) in the has a more operationally effective miles south and east of the Tornillo Port vicinity of the United States border to design. In addition, the construction of deter illegal crossings in areas of high of Entry. new fencing in the El Paso Sector is There is presently an acute and illegal entry into the United States. In intended to slow or stop illegal activity. immediate need to construct physical section 102(b) of IIRIRA, Congress Increasing the level of impedance will barriers and roads in the vicinity of the mandated the installation of additional improve Border Patrol’s ability to border of the United States in order to fencing, barriers, roads, lighting, respond to narcotics smuggling and prevent unlawful entries into the United cameras, and sensors on the southwest illegal entries. Within the project areas States in the project areas pursuant to border. Finally, in section 102(c) of roads will also be constructed or sections 102(a) and 102(b) of IIRIRA. In IIRIRA, Congress granted to the improved and lighting will be installed. order to ensure the expeditious Secretary of Homeland Security the To support DHS’s action under construction of the barriers and roads in authority to waive all legal requirements section 102 of IIRIRA, I requested that the project areas, I have determined that that I, in my sole discretion, determine the Secretary of Defense, pursuant to 10 it is necessary that I exercise the necessary to ensure the expeditious U.S.C. 284(b)(7), assist by constructing authority that is vested in me by section construction of barriers and roads fence, roads, and lighting within the El 102(c) of IIRIRA. authorized by section 102 of IIRIRA. Paso Sector in order to block drug Accordingly, pursuant to section Determination and Waiver smuggling corridors across the 102(c) of IIRIRA, I hereby waive in their international boundary between the entirety, with respect to the Section 1 United States and Mexico. The construction of physical barriers and The United States Border Patrol’s El Secretary of Defense has concluded that roads (including, but not limited to, Paso Sector is an area of high illegal the support requested satisfies the accessing the project areas, creating and entry. In fiscal year 2019, the United statutory requirements of 10 U.S.C. using staging areas, the conduct of States Border Patrol (‘‘Border Patrol’’) 284(b)(7) and that the Department of earthwork, excavation, fill, and site apprehended over 182,000 illegal aliens Defense will provide such support in preparation, and installation and attempting to enter the United States the project areas described in Section 2 upkeep of physical barriers, roads, between border crossings in the El Paso below. supporting elements, drainage, erosion Sector. Also in fiscal year 2019, there Section 2 controls, safety features, lighting, were over 400 drug-related events cameras, and sensors) in the project between border crossings in the El Paso I determine that the following areas in areas, all of the following statutes, Sector, through which the Border Patrol the vicinity of the United States border, including all federal, state, or other seized over 11,000 pounds of marijuana, located in the State of Texas and the laws, regulations, and legal over 137 pounds of cocaine, over 35 State of New Mexico within the United requirements of, deriving from, or pounds of heroin, over 340 pounds of States Border Patrol’s El Paso Sector, are related to the subject of, the following methamphetamine, and over two areas of high illegal entry (the ‘‘project statutes, as amended: The National pounds of fentanyl. Additionally, Luna areas’’): Environmental Policy Act (Pub. L. 91– County, New Mexico, Don˜ a Ana County, • Starting at approximately Border 190, 83 Stat. 852 (Jan. 1, 1970) (42 New Mexico, and El Paso County, Monument 33 and extending east for U.S.C. 4321 et seq.)); the Endangered Texas, which are located in the El Paso approximately three (3) miles; Species Act (Pub. L. 93–205, 87 Stat. Sector, have been identified as High • Starting at approximately Border 884 (Dec. 28, 1973) (16 U.S.C. 1531 et Intensity Drug Trafficking Areas by the Monument 24 and extending east to seq.)); the Federal Water Pollution Office of National Drug Control Policy. approximately Border Monument 20; Control Act (commonly referred to as Due to the high levels of illegal entry • Starting approximately two and the Clean Water Act (33 U.S.C. 1251 et of people and drugs within the El Paso one-half (2.5) miles west of Border seq.)); the National Historic Preservation Sector, I must use my authority under Monument 4 and extending east to Act (Pub. L. 89–665, 80 Stat. 915 (Oct. section 102 of IIRIRA to install approximately one-half (0.5) of a mile 15, 1966), as amended, repealed, or additional physical barriers and roads in east of Border Monument 3; replaced by Pub. L. 113–287 (Dec. 19, the El Paso Sector. Therefore, DHS will • Starting approximately one and 2014) (formerly codified at 16 U.S.C. take immediate action to construct new one-quarter (1.25) miles east of Border 470 et seq., now codified at 54 U.S.C.

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100101 note and 54 U.S.C. 300101 et Dated: March 11, 2020. Congress has provided to the seq.)); the Migratory Bird Treaty Act (16 Chad F. Wolf, Secretary of Homeland Security a U.S.C. 703 et seq.); the Migratory Bird Acting Secretary of Homeland Security. number of authorities necessary to carry Conservation Act (16 U.S.C. 715 et seq.); [FR Doc. 2020–05348 Filed 3–13–20; 8:45 am] out DHS’s border security mission. One the Clean Air Act (42 U.S.C. 7401 et BILLING CODE 9111–14–P of those authorities is found at section seq.); the Archeological Resources 102 of the Illegal Immigration Reform Protection Act (Pub. L. 96–95 (16 U.S.C. and Immigrant Responsibility Act of 470aa et seq.)); the Paleontological DEPARTMENT OF HOMELAND 1996, as amended (‘‘IIRIRA’’). Public Resources Preservation Act (16 U.S.C. SECURITY Law 104–208, Div. C, 110 Stat. 3009– 470aaa et seq.); the National Trails 546, 3009–554 (Sept. 30, 1996) (8 U.S.C Office of the Secretary 1103 note), as amended by the REAL ID System Act (16 U.S.C. 1241 et seq.); the Act of 2005, Public Law 109–13, Div. B, Federal Cave Resources Protection Act Determination Pursuant to Section 102 119 Stat. 231, 302, 306 (May 11, 2005) of 1988 (16 U.S.C. 4301 et seq.); the Safe of the Illegal Immigration Reform and (8 U.S.C. 1103 note), as amended by the Drinking Water Act (42 U.S.C. 300f et Immigrant Responsibility Act of 1996, Secure Fence Act of 2006, Public Law seq.); the Act (42 U.S.C. as Amended 109–367, section 3, 120 Stat. 2638 (Oct. 4901 et seq.); the Solid Waste Disposal 26, 2006) (8 U.S.C. 1103 note), as AGENCY: Office of the Secretary, Act, as amended by the Resource amended by the Department of Department of Homeland Security. Conservation and Recovery Act (42 Homeland Security Appropriations Act, U.S.C. 6901 et seq.); the Comprehensive ACTION: Notice of determination. 2008, Public Law 110–161, Div. E, Title Environmental Response, V, section 564, 121 Stat. 2090 (Dec. 26, Compensation, and Liability Act (42 SUMMARY: The Acting Secretary of 2007). In section 102(a) of IIRIRA, U.S.C. 9601 et seq.); the Archaeological Homeland Security has determined, Congress provided that the Secretary of and Historic Preservation Act (Pub. L. pursuant to law, that it is necessary to Homeland Security shall take such 86–523, as amended, repealed, or waive certain laws, regulations, and actions as may be necessary to install replaced by Pub. L. 113–287 (Dec. 19, other legal requirements in order to additional physical barriers and roads 2014) (formerly codified at 16 U.S.C. ensure the expeditious construction of (including the removal of obstacles to barriers and roads in the vicinity of the 469 et seq., now codified at 54 U.S.C. detection of illegal entrants) in the international land border in Yuma 312502 et seq.)); the Antiquities Act vicinity of the United States border to County, Arizona, and Imperial County, (formerly codified at 16 U.S.C. 431 et deter illegal crossings in areas of high California. seq., now codified at 54 U.S.C. 320301 illegal entry into the United States. In et seq.); the Historic Sites, Buildings, DATES: This determination takes effect section 102(b) of IIRIRA, Congress and Antiquities Act (formerly codified on March 16, 2020. mandated the installation of additional at 16 U.S.C. 461 et seq., now codified at SUPPLEMENTARY INFORMATION: Important fencing, barriers, roads, lighting, 54 U.S.C. 3201–320303 & 320101– mission requirements of the Department cameras, and sensors on the southwest border. Finally, in section 102(c) of 320106); the Farmland Protection Policy of Homeland Security (‘‘DHS’’) include IIRIRA, Congress granted to the Act (7 U.S.C. 4201 et seq.); the Federal border security and the detection and Secretary of Homeland Security the Land Policy and Management Act (Pub. prevention of illegal entry into the United States. Border security is critical authority to waive all legal requirements L. 94–579 (43 U.S.C. 1701 et seq.)); that I, in my sole discretion, determine National Fish and Wildlife Act of 1956 to the nation’s national security. Recognizing the critical importance of necessary to ensure the expeditious (Pub. L. 84–1024 (16 U.S.C. 742a et construction of barriers and roads seq.)); the Fish and Wildlife border security, Congress has mandated DHS to achieve and maintain authorized by section 102 of IIRIRA. Coordination Act (Pub. L. 73–121 (16 operational control of the international U.S.C. 661 et seq.)); the Wild Horse and Determination and Waiver land border. Secure Fence Act of 2006, Burro Act (16 U.S.C. 1331 et seq.); the Public Law 109–367, section 2, 120 Stat. Section 1 Administrative Procedure Act (5 U.S.C. 2638 (Oct. 26, 2006) (8 U.S.C. 1701 The United States Border Patrol’s 551 et seq.); the Wild and Scenic Rivers note). Congress defined ‘‘operational Yuma Sector is an area of high illegal Act (Pub. L. 90–542 (16 U.S.C. 1281 et control’’ as the prevention of all entry. In fiscal year 2019, the United seq.)); the Rivers and Harbors Act of unlawful entries into the United States, States Border Patrol (‘‘Border Patrol’’) 1899 (33 U.S.C. 403); the Eagle including entries by terrorists, other apprehended over 68,000 illegal aliens Protection Act (16 U.S.C. 668 et seq.); unlawful aliens, instruments of attempting to enter the United States the Native American Graves Protection terrorism, narcotics, and other between border crossings in the Yuma and Repatriation Act (25 U.S.C. 3001 et contraband. Id. Consistent with that Sector. Also in fiscal year 2019, there seq.); and the American Indian mandate from Congress, the President’s were over 800 drug-related events Religious Freedom Act (42 U.S.C. 1996). Executive Order on Border Security and between border crossings in the Yuma This waiver does not revoke or Immigration Enforcement Improvements Sector, through which Border Patrol supersede any other waiver directed executive departments and seized over 3,000 pounds of marijuana, determination made pursuant to section agencies to deploy all lawful means to over 33 pounds of heroin, over 1,186 102(c) of IIRIRA. Such waivers shall secure the southern border. Executive pounds of methamphetamine, and over remain in full force and effect in Order 13767, section 1. In order to 50 pounds of fentanyl. Additionally, achieve that end, the President directed, Yuma County, Arizona, which is located accordance with their terms. I reserve among other things, that I take in the Yuma Sector, and Imperial the authority to execute further waivers immediate steps to prevent all unlawful County, California, a portion of which is from time to time as I may determine to entries into the United States, including located in the Yuma Sector, have been be necessary under section 102 of the immediate construction of physical identified as a High Intensity Drug IIRIRA. infrastructure to prevent illegal entry. Trafficking Area by the Office of Executive Order 13767, section 4(a). National Drug Control Policy.

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