14960 Federal Register / Vol. 85, No. 51 / Monday, March 16, 2020 / Notices

referred to as the (33 accordance with their terms. I reserve the immediate construction of physical U.S.C. 1251 et seq.)); the National the authority to execute further waivers infrastructure to prevent illegal entry. Historic Preservation Act (Pub. L. 89– from time to time as I may determine to Executive Order 13767, section 4(a). 665, 80 Stat. 915 (Oct. 15, 1966), as be necessary under section 102 of Congress has provided to the amended, repealed, or replaced by Pub. IIRIRA. Secretary of Homeland Security a L. 113–287 (Dec. 19, 2014) (formerly Dated: March 11, 2020. number of authorities necessary to carry codified at 16 U.S.C. 470 et seq., now Chad F. Wolf, out DHS’s border security mission. One of those authorities is found at section codified at 54 U.S.C. 100101 note and Acting Secretary of Homeland Security. 54 U.S.C. 300101 et seq.)); the Migratory 102 of the Illegal Immigration Reform Bird Treaty Act (16 U.S.C. 703 et seq.); [FR Doc. 2020–05366 Filed 3–13–20; 8:45 am] and Immigrant Responsibility Act of the Migratory Bird Conservation Act (16 BILLING CODE 9111–14–P 1996, as amended (‘‘IIRIRA’’). Public U.S.C. 715 et seq.); the Clean Air Act (42 Law 104–208, Div. C, 110 Stat. 3009– U.S.C. 7401 et seq.); the Archeological DEPARTMENT OF HOMELAND 546, 3009–554 (Sept. 30, 1996) (8 U.S.C Resources Protection Act (Pub. L. 96–95 SECURITY 1103 note), as amended by the REAL ID (16 U.S.C. 470aa et seq.)); the Act of 2005, Public Law 109–13, Div. B, Paleontological Resources Preservation Office of the Secretary 119 Stat. 231, 302, 306 (May 11, 2005) Act (16 U.S.C. 470aaa et seq.); the (8 U.S.C. 1103 note), as amended by the Federal Cave Resources Protection Act Determination Pursuant to Section 102 Secure Fence Act of 2006, Public Law of 1988 (16 U.S.C. 4301 et seq.); the of the Illegal Immigration Reform and 109–367, section 3, 120 Stat. 2638 (Oct. National Trails System Act (16 U.S.C. Immigrant Responsibility Act of 1996, 26, 2006) (8 U.S.C. 1103 note), as 1241 et seq.); the Safe Drinking Water as Amended amended by the Department of Act (42 U.S.C. 300f et seq.); the Homeland Security Appropriations Act, AGENCY: Office of the Secretary, 2008, Public Law 110–161, Div. E, Title Control Act (42 U.S.C. 4901 et seq.); the Department of Homeland Security. Solid Waste Disposal Act, as amended V, section 564, 121 Stat. 2090 (Dec. 26, ACTION: Notice of determination. by the Resource Conservation and 2007). In section 102(a) of IIRIRA, Recovery Act (42 U.S.C. 6901 et seq.); SUMMARY: The Acting Secretary of Congress provided that the Secretary of the Comprehensive Environmental Homeland Security has determined, Homeland Security shall take such Response, Compensation, and Liability pursuant to law, that it is necessary to actions as may be necessary to install Act (42 U.S.C. 9601 et seq.); the waive certain laws, regulations, and additional physical barriers and roads Archaeological and Historic other legal requirements in order to (including the removal of obstacles to Preservation Act (Pub. L. 86–523, as ensure the expeditious construction of detection of illegal entrants) in the amended, repealed, or replaced by Pub. barriers and roads in the vicinity of the vicinity of the border to L. 113–287 (Dec. 19, 2014) (formerly international land border in Imperial deter illegal crossings in areas of high codified at 16 U.S.C. 469 et seq., now County, California. illegal entry into the United States. In codified at 54 U.S.C. 312502 et seq.)); DATES: This determination takes effect section 102(b) of IIRIRA, Congress the (formerly codified at on March 16, 2020. mandated the installation of additional 16 U.S.C. 431 et seq., now codified at 54 SUPPLEMENTARY INFORMATION: Important fencing, barriers, roads, lighting, U.S.C. 320301 et seq.); the Historic mission requirements of the Department cameras, and sensors on the southwest Sites, Buildings, and Antiquities Act of Homeland Security (‘‘DHS’’) include border. Finally, in section 102(c) of (formerly codified at 16 U.S.C. 461 et border security and the detection and IIRIRA, Congress granted to the seq., now codified at 54 U.S.C. 3201– prevention of illegal entry into the Secretary of Homeland Security the 320303 & 320101–320106); the United States. Border security is critical authority to waive all legal requirements Farmland Protection Policy Act (7 to the nation’s national security. that I, in my sole discretion, determine U.S.C. 4201 et seq.); the Wilderness Act Recognizing the critical importance of necessary to ensure the expeditious (Pub. L. 88–577 (16 U.S.C. 1131 et seq.)); border security, Congress has mandated construction of barriers and roads the Federal Land Policy and DHS to achieve and maintain authorized by section 102 of IIRIRA. Management Act (Pub L. 94–579 (43 operational control of the international Determination and Waiver U.S.C. 1701 et seq.)); National Fish and land border. Secure Fence Act of 2006, Wildlife Act of 1956 (Pub. L. 84–1024 Public Law 109–367, section 2, 120 Stat. Section 1 (16 U.S.C. 742a, et seq.)); the Fish and 2638 (Oct. 26, 2006) (8 U.S.C. 1701 The United States Border Patrol’s El Wildlife Coordination Act (Pub. L. 73– note). Congress defined ‘‘operational Centro Sector is an area of high illegal 121 (16 U.S.C. 661 et seq.)); the Wild control’’ as the prevention of all entry. In fiscal year 2019, the United Horse and Burro Act (16 U.S.C. 1331 et unlawful entries into the United States, States Border Patrol (‘‘Border Patrol’’) seq.); the Administrative Procedure Act including entries by terrorists, other apprehended over 35,000 illegal aliens (5 U.S.C. 551 et seq.); the Eagle unlawful aliens, instruments of attempting to enter the United States Protection Act (16 U.S.C. 668 et seq.); terrorism, narcotics, and other between border crossings in the El sections 102(29) and 103 of Title I of the contraband. Id. Consistent with that Centro Sector. Also in fiscal year 2019, California Desert Protection Act (Pub. L. mandate from Congress, the President’s there were approximately 180 drug- 103–433); the Native American Graves Executive Order on Border Security and related events between border crossings Protection and Repatriation Act (25 Immigration Enforcement Improvements in the El Centro Sector, through which U.S.C. 3001 et seq.); and the American directed executive departments and Border Patrol seized over 100 pounds of Indian Religious Freedom Act (42 U.S.C. agencies to deploy all lawful means to marijuana, over 60 pounds of cocaine, 1996). secure the southern border. Executive over 100 pounds of heroin, and over This waiver does not revoke or Order 13767, section 1. In order to 2,600 pounds of methamphetamine. supersede any other waiver achieve that end, the President directed, Additionally, Imperial County, determination made pursuant to section among other things, that I take California, which is located largely in 102(c) of IIRIRA. Such waivers shall immediate steps to prevent all unlawful the El Centro Sector, has been identified remain in full force and effect in entries into the United States, including as a High Intensity Drug Trafficking

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Area by the Office of National Drug Environmental Policy Act (Pub. L. 91– Freedom Act (42 U.S.C. 1996); the Control Policy. 190, 83 Stat. 852 (Jan. 1, 1970) (42 Wilderness Act (Pub. L. 88–577, 78 Stat. Due to the high levels of illegal entry U.S.C. 4321 et seq.)); the Endangered 890 (Sept. 3, 1964) (16 U.S.C. 1131 et of people and drugs within the El Species Act (Pub. L. 93–205, 87 Stat. seq.)); and sections 102(29) and 103 of Centro Sector, I must use my authority 884 (Dec. 28, 1973) (16 U.S.C. 1531 et Title I of the California Desert Protection under section 102 of IIRIRA to install seq.)); the Federal Water Act (Pub. L. 103–433, 108 Stat. 4471 additional physical barriers and roads in Control Act (commonly referred to as (Oct. 31, 1994)). the El Centro Sector. Therefore, DHS the Clean Water Act (33 U.S.C. 1251 et This waiver does not revoke or will take immediate action to construct seq.)); the National Historic Preservation supersede any other waiver barriers and roads. In addition, lighting Act (Pub. L. 89–665, 80 Stat. 915 (Oct. determination made pursuant to section will be installed. 15, 1966), as amended, repealed, or 102(c) of IIRIRA. Such waivers shall To support DHS’s action under replaced by Pub. L. 113–287, 128 Stat. remain in full force and effect in section 102 of IIRIRA, I requested that 3094 (Dec. 19, 2014) (formerly codified accordance with their terms. I reserve the Secretary of Defense, pursuant to 10 at 16 U.S.C. 470 et seq., now codified at the authority to execute further waivers U.S.C. 284(b)(7), assist by constructing 54 U.S.C. 100101 note and 54 U.S.C. from time to time as I may determine to fence, roads, and lighting within the El 300101 et seq.)); the Migratory Bird be necessary under section 102 of Centro Sector in order to block drug Treaty Act (16 U.S.C. 703 et seq.); the IIRIRA. smuggling corridors across the Migratory Bird Conservation Act (16 Dated: March 11, 2020. international boundary between the U.S.C. 715 et seq.); the Clean Air Act (42 Chad F. Wolf, United States and Mexico. The U.S.C. 7401 et seq.); the Archeological Secretary of Defense has concluded that Acting Secretary of Homeland Security. Resources Protection Act (Pub. L. 96–95, the support requested satisfies the [FR Doc. 2020–05365 Filed 3–13–20; 8:45 am] statutory requirements of 10 U.S.C. 93 Stat. 721 (Oct. 31, 1979) (16 U.S.C. BILLING CODE 9111–14–P 284(b)(7) and that the Department of 470aa et seq.)); the Paleontological Defense will provide such support in Resources Preservation Act (16 U.S.C. the project area described in Section 2 470aaa et seq.); the Federal Cave DEPARTMENT OF HOMELAND below. Resources Protection Act of 1988 (16 SECURITY U.S.C. 4301 et seq.); the Safe Drinking Section 2 Water Act (42 U.S.C. 300f et seq.); the Office of the Secretary Act (42 U.S.C. 4901 et I determine that the following area in Determination Pursuant to Section 102 seq.); the Solid Waste Disposal Act, as the vicinity of the United States border, of the Illegal Immigration Reform and amended by the Resource Conservation located in the State of California within Immigrant Responsibility Act of 1996, and Recovery Act (42 U.S.C. 6901 et the United States Border Patrol’s El as Amended Centro Sector, is an area of high illegal seq.); the Comprehensive Environmental entry (the ‘‘project area’’): Starting at the Response, Compensation, and Liability AGENCY: Office of the Secretary, San Diego—Imperial County line and Act (42 U.S.C. 9601 et seq.); the Department of Homeland Security. extending east approximately 11 miles. Archaeological and Historic ACTION: Notice of determination. There is presently an acute and Preservation Act (Pub. L. 86–523, 74 immediate need to construct physical Stat. 220 (June 27, 1960) as amended, SUMMARY: The Acting Secretary of barriers and roads in the vicinity of the repealed, or replaced by Pub. L. 113– Homeland Security has determined, border of the United States in order to 287, 128 Stat. 3094 (Dec. 19, 2014) pursuant to law, that it is necessary to prevent unlawful entries into the United (formerly codified at 16 U.S.C. 469 et waive certain laws, regulations, and States in the project area pursuant to seq., now codified at 54 U.S.C. 312502 other legal requirements in order to sections 102(a) and 102(b) of IIRIRA. In et seq.)); the Antiquities Act (formerly ensure the expeditious construction of order to ensure the expeditious codified at 16 U.S.C. 431 et seq., now barriers and roads in the vicinity of the construction of the barriers and roads in codified at 54 U.S.C. 320301 et seq.); the international land border in Pima the project area, I have determined that Historic Sites, Buildings, and County, Arizona, Santa Cruz County, it is necessary that I exercise the Antiquities Act (formerly codified at 16 Arizona, and Cochise County, Arizona. authority that is vested in me by section U.S.C. 461 et seq., now codified at 54 DATES: This determination takes effect 102(c) of IIRIRA. U.S.C. 3201–320303 & 320101–320106); on March 16, 2020. Accordingly, pursuant to section the Farmland Protection Policy Act (7 SUPPLEMENTARY INFORMATION: 102(c) of IIRIRA, I hereby waive in their U.S.C. 4201 et seq.); the Federal Land Important mission requirements of the entirety, with respect to the Policy and Management Act (Pub L. 94– Department of Homeland Security construction of physical barriers and 579, 90 Stat. 2743 (Oct. 21, 1976) (43 (‘‘DHS’’) include border security and the roads (including, but not limited to, U.S.C. 1701 et seq.)); National Fish and detection and prevention of illegal entry accessing the project area, creating and Wildlife Act of 1956 (Pub. L. 84–1024, into the United States. Border security using staging areas, the conduct of 70 Stat. 1119 (Aug. 8, 1956) (16 U.S.C. is critical to the nation’s national earthwork, excavation, fill, and site 742a, et seq.)); the Fish and Wildlife security. Recognizing the critical preparation, and installation and Coordination Act (Pub. L. 73–121, 48 importance of border security, Congress upkeep of physical barriers, roads, Stat. 401 (March 10, 1934) (16 U.S.C. has mandated DHS to achieve and supporting elements, drainage, erosion 661 et seq.)); the National Trails System maintain operational control of the controls, safety features, lighting, Act (16 U.S.C. 1241 et seq.); the international land border. Secure Fence cameras, and sensors) in the project Administrative Procedure Act (5 U.S.C. Act of 2006, Public Law 109–367, area, all of the following statutes, 551 et seq.); the Wild Horse and Burro section 2, 120 Stat. 2638 (Oct. 26, 2006) including all federal, state, or other Act (16 U.S.C. 1331 et seq.); the Eagle (8 U.S.C. 1701 note). Congress defined laws, regulations, and legal Protection Act (16 U.S.C. 668 et seq.); ‘‘operational control’’ as the prevention requirements of, deriving from, or the Native American Graves Protection of all unlawful entries into the United related to the subject of, the following and Repatriation Act (25 U.S.C. 3001 et States, including entries by terrorists, statutes, as amended: The National seq.); the American Indian Religious other unlawful aliens, instruments of

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