[Federal Register Volume 73, Number 68 (Tuesday, April 8, 2008)]
[Notices]
[Pages 19077-19078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7450]


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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; correction.

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SUMMARY: The 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 of 
the United States. The notice of determination was published in the 
Federal Register on April 3, 2008. Due to a publication error, the 
Project Area description was inadvertently omitted from the April 3 
publication. For clarification purposes, this document is a 
republication of the April 3 document including the omitted Project 
Area description.

DATES: This Notice is effective on April 8, 2008.

Determination and Waiver

    The Department of Homeland Security has a mandate to achieve and 
maintain operational control of the borders of the United States. 
Public Law 109-367, 2, 120 Stat. 2638, 8 U.S.C. 1701 note. Congress has 
provided the Secretary of Homeland Security with a number of 
authorities necessary to accomplish this mandate. One of these 
authorities is found at section 102(c) of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (``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, 
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, 564, 121 Stat. 2090 (Dec. 26, 2007). In 
Section 102(a) of the 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 the IIRIRA, 
Congress has called for the installation of fencing, barriers, roads, 
lighting, cameras, and sensors on not less than 700 miles of the 
southwest border, including priority miles of fencing that must be 
completed by December of 2008. Finally, in section 102(c) of the 
IIRIRA, Congress granted to me 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 the IIRIRA.
    I determine that the following area of Hidalgo County, Texas, in 
the vicinity of the United States border, hereinafter the Project Area, 
is an area of high illegal entry:
     Starting approximately at the intersection of Military 
Road and an un-named road (i.e. beginning at the western end of the 
International Boundary Waters Commission (IBWC) levee in Hidalgo 
County) and runs east in proximity to the IBWC levee for approximately 
4.5 miles.
     Starting approximately at the intersection of Levee Road 
and 5494 Wing Road and runs east in proximity to the IBWC levee for 
approximately 1.8 miles.
     Starting approximately 0.2 mile north from the 
intersection of S. Depot Road and 23rd Street and runs south in 
proximity to the IBWC levee to the Hidalgo POE and then east in 
proximity to the new proposed IBWC levee and the existing IBWC levee to 
approximately South 15th Street for a total length of approximately 4.0 
miles.
     Starting adjacent to Levee Road and approximately 0.1 
miles east of the intersection of Levee Road and Valley View Road and 
runs east in proximity to the IBWC levee for approximately 1.0 mile 
then crosses the Irrigation District Hidalgo County 1 Canal 
and will tie into the future New Donna POE fence.
     Starting approximately 0.1 mile east of the intersection 
of County Road 556 and County Road 1554 and runs east in proximity to 
the IBWC levee for approximately 3.4 miles.
     Starting approximately 0.1 mile east of the Bensten Groves 
road and runs east in proximity to the IBWC levee to the Progresso POE 
for approximately 3.4 miles.
     Starting approximately at the Progresso POE and runs east 
in proximity to the IBWC levee for approximately 2.5 miles.
    In order to deter illegal crossings in the Project Area, there is 
presently a need to construct fixed and mobile barriers and roads in 
conjunction with improvements to an existing levee system in the 
vicinity of the border of the United States as a joint effort with 
Hidalgo County, Texas. In order to ensure the expeditious construction 
of the barriers and roads that Congress prescribed in the IIRIRA in the 
Project Area, which is an area of high illegal entry into the United 
States, I have determined that it is necessary that I exercise the 
authority that is vested in me by section 102(c) of the IIRIRA as 
amended. Accordingly, I hereby waive in their entirety, with respect to 
the construction of roads and fixed and mobile barriers (including, but 
not limited to, accessing the project area, creating and using staging 
areas, the conduct of earthwork, excavation, fill, and site 
preparation, and installation and upkeep of fences, roads, supporting 
elements, drainage, erosion controls, safety features, surveillance, 
communication, and detection equipment of all types, radar and radio 
towers, and lighting) in the Project Area, all federal, state, or other 
laws, regulations and legal requirements of, deriving from, or related 
to the subject of, the following laws, as amended: The National 
Environmental Policy Act (Pub. L. 91-190, 83 Stat. 852 (Jan. 1,

[[Page 19078]]

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) (16 U.S.C. 470 et 
seq.)), the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.), the 
Clean Air Act (42 U.S.C. 7401 et seq.), the Archeological Resources 
Protection Act (Pub. L. 96-95, 16 U.S.C. 470aa et seq.), the 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, 16 U.S.C. 469 et seq.), the Antiquities Act (16 
U.S.C. 431 et seq.), the Historic Sites, Buildings, and Antiquities Act 
(16 U.S.C. 461 et seq.), the Farmland Protection Policy Act (7 U.S.C. 
4201 et seq.), the Coastal Zone Management Act (Pub. L. 92-583, 16 
U.S.C. 1451 et seq.), the Federal Land Policy and Management Act (Pub 
L. 94-579, 43 U.S.C. 1701 et seq.), the National Wildlife Refuge System 
Administration Act (Pub. L. 89-669, 16 U.S.C. 668dd-668ee), the Fish 
and Wildlife Act of 1956 (Pub. L. 84-1024, 16 U.S.C. 742a, et seq.), 
the Fish and Wildlife Coordination Act (Pub. L. 73-121, 16 U.S.C. 661 
et seq.), the Administrative Procedure Act (5 U.S.C. 551 et seq.), the 
Rivers and Harbors Act of 1899 (33 U.S.C. 403), 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.), the American Indian 
Religious Freedom Act (42 U.S.C. 1996), the Religious Freedom 
Restoration Act (42 U.S.C. 2000bb), and the Federal Grant and 
Cooperative Agreement Act of 1977 (31 U.S.C. 6303-05).
    I reserve the authority to make further waivers from time to time 
as I may determine to be necessary to accomplish the provisions of 
section 102 of the IIRIRA, as amended.

Michael Chertoff,
Secretary.
 [FR Doc. E8-7450 Filed 4-7-08; 8:45 am]
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