82_FR_36131 82 FR 35984 - Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended

82 FR 35984 - Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary

Federal Register Volume 82, Issue 147 (August 2, 2017)

Page Range35984-35985
FR Document2017-16260

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 near the city of San Diego in the state of California.

Federal Register, Volume 82 Issue 147 (Wednesday, August 2, 2017)
[Federal Register Volume 82, Number 147 (Wednesday, August 2, 2017)]
[Notices]
[Pages 35984-35985]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16260]


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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 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 near the city of San Diego in the state of 
California.

DATES: This determination takes effect on August 2, 2017.

SUPPLEMENTARY INFORMATION: The principal 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 
ordered DHS to achieve and maintain operational control of the 
international land border. Secure Fence Act of 2006, Public Law 109-
367, 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. Secure Fence Act of 2006, Public Law 109-367, 2, 120 Stat. 
2638 (Oct. 26, 2006) (8 U.S.C. 1701 note). 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, Sec.  1. To achieve this end, the President 
directed, among other things, that I take immediate steps to prevent 
all unlawful entries into the United States, to include the immediate 
construction of physical infrastructure to prevent illegal entry. 
Executive Order 13767, Sec.  4(a).
    Congress has provided the Secretary of Homeland Security with a 
number of authorities necessary to carry out DHS's border security 
mission, including the border security provisions described above. One 
of these authorities is found at section 102 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, 
Sec.  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, Sec.  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 has called for 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 San Diego Sector is one of the 
busiest Sectors in the Nation. For example, in fiscal year 2016 alone, 
the United States Border Patrol apprehended over 31,000 illegal aliens 
and seized approximately 9,167 pounds of marijuana and approximately 
1,317 pounds of cocaine in the San Diego Sector. To be sure, the 
construction of border infrastructure and other operational 
improvements have improved border security in the San Diego Sector; 
however, more work needs to be done. The San Diego Sector remains an 
area of high illegal entry for which there is an immediate need to 
construct additional border barriers and roads.
    To begin to meet the need for additional border infrastructure 
within the San Diego Sector, DHS will immediately implement various 
border infrastructure projects. These projects will focus on an 
approximately fifteen mile segment of the border within the San Diego 
Sector that starts at the Pacific Ocean and extends eastward. This 
approximately fifteen mile segment of the border is referred to herein 
as the ``Project Area'' and is more specifically described in Section 2 
below.
    All of the projects that DHS will undertake within the Project Area 
will further Border Patrol's ability to deter and prevent illegal 
crossings. For example, DHS will replace existing primary fencing in 
the Project Area. The

[[Page 35985]]

majority of the existing primary fence in the Project Area was built in 
the early 1990s using a fence design that is no longer optimal for 
Border Patrol operations. The new primary barrier will use an 
operationally effective design that is intended to meet Border Patrol's 
current requirements. DHS will also build prototype border wall in the 
Project Area near the eastern terminus of the existing secondary 
barrier. The construction of border wall prototypes in the Project Area 
and the robust physical characteristics that are to be incorporated 
into the border wall prototypes are intended to deter illegal 
crossings. In addition to deterring illegal crossings in the Project 
Area, DHS will use the border wall prototypes to evaluate various 
design features for potential inclusion in a border wall standard that 
will be developed by the Government and utilized as a part of border 
wall construction going forward. Importantly, construction of the 
border wall prototypes in the Project Area also means that DHS can 
evaluate various design features in the border environment under actual 
operational conditions. As such, the construction of border wall 
prototypes will not only deter illegal entry in the Project Area, but 
evaluation of the border wall prototypes is also critical to and 
necessary for future border wall design and construction.

Section 2

    I determine that the following area in the vicinity of the United 
States border, located in the state of California within the United 
States Border Patrol's San Diego Sector, which is referred to herein as 
the Project Area, is an area of high illegal entry: Starting at the 
Pacific Ocean and extending to approximately one mile east of Border 
Monument 251.
    There is presently a need to construct physical barriers and roads, 
including the infrastructure projects described in Section 1, in the 
vicinity of the border of the United States to deter illegal crossings 
in the Project Area. In order to ensure the expeditious construction of 
the barriers and roads in the Project Area, I have determined that it 
is necessary that I exercise the authority that is vested in me by 
section 102(c) of IIRIRA as amended.
    Accordingly, pursuant to section 102(c) of IIRIRA, I hereby waive 
in their entirety, with respect to the construction of roads and 
physical 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 
physical barriers, roads, supporting elements, drainage, erosion 
controls, and safety features) in the Project Area, 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 (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 (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 National Trails 
System Act (16 U.S.C. 1241 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, as amended, repealed, or replaced by Pub. L. 113-287 (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 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 Wild and Scenic Rivers Act (Pub. L. 90-542 (16 U.S.C. 1281 
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 Wilderness Act (Pub. L. 88-577 (16 U.S.C. 1131 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 National Wildlife Refuge 
System Improvement Act of 1997 (Pub. L. 105-57), 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 (16 U.S.C. 661 et 
seq.)), the Wild Horse and Burro Act (16 U.S.C. 1331 et seq.), an Act 
of Oct. 30, 2000, Pub. L. 106-398, 1, 114 Stat. 1654 (enacting into law 
Sec.  2848 of Part II of Subtitle D of Title XXVIII of Division B of 
H.R. 5408 (114 Stat. 1654A-426), as introduced on Oct. 6, 2000), the 
Administrative Procedure Act (5 U.S.C. 551 et seq.), the Otay Mountain 
Wilderness Act of 1999 (Pub. L. 106-145), sections 102(29) and 103 of 
Title I of the California Desert Protection Act (Pub. L. 103-433), 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), and the Religious Freedom 
Restoration Act (42 U.S.C. 2000bb).
    This waiver does not repeal the previous waiver published in the 
Federal Register on September 22, 2005 (70 FR 55622).
    I reserve the authority to make further waivers from time to time 
as I may determine to be necessary under section 102 of IIRIRA, as 
amended.

    Dated: July 26, 2017.
John F. Kelly,
Secretary of Homeland Security.
[FR Doc. 2017-16260 Filed 8-1-17; 8:45 am]
BILLING CODE 9111-14-P



                                                35984                                Federal Register / Vol. 82, No. 147 / Wednesday, August 2, 2017 / Notices

                                                                                                                                                                                   Number of
                                                                                                                                              Total            Number of                                        Total         Time per
                                                                                   Collection                                                                                    responses per
                                                                                                                                          burden hours        respondents                                    responses        response
                                                                                                                                                                                   espondent

                                                Cargo Declaration Outward With Commercial Forms                                                  10,000                   500                      400           200,000   3 minutes.
                                                  (CBP Form 1302A).
                                                Importer Security Filing .....................................................                17,739,000               240,000               33.75             8,100,000   2.19 hours.
                                                Vessel Stow Plan (Import) ................................................                        31,803                   163                 109                17,767   1.79 hours.
                                                Vessel Stow Plan (Export) ................................................                        31,803                   163                 109                17,767   1.79 hours.
                                                Container Status Messages ..............................................                          23,996                    60           4,285,000           257,100,000   0.0056 minutes.
                                                Request for Manifest Confidentiality .................................                             1,260                 5,040                   1                 5,040   15 minutes.
                                                Electronic Air Export Manifest ..........................................                        121,711                   260               5,640             1,466,400   5 minutes.
                                                Electronic Ocean Export Manifest ....................................                              5,000                   500                 400               200,000   1.5 minutes.
                                                Electronic Rail Export Manifest .........................................                          2,490                    50                 300                15,000   10 minutes.

                                                      Total ...........................................................................       20,796,603               289,996   ........................    281,217,774



                                                  Dated: July 28, 2017.                                                    unlawful aliens, instruments of                              Congress has called for the installation
                                                Seth Renkema,                                                              terrorism, narcotics, and other                              of additional fencing, barriers, roads,
                                                Branch Chief, Economic Impact Analysis                                     contraband. Secure Fence Act of 2006,                        lighting, cameras, and sensors on the
                                                Branch, U.S. Customs and Border Protection.                                Public Law 109–367, 2, 120 Stat. 2638                        southwest border. Finally, in section
                                                [FR Doc. 2017–16231 Filed 8–1–17; 8:45 am]                                 (Oct. 26, 2006) (8 U.S.C. 1701 note).                        102(c) of IIRIRA, Congress granted to the
                                                BILLING CODE 9111–14–P                                                     Consistent with that mandate from                            Secretary of Homeland Security the
                                                                                                                           Congress, the President’s Executive                          authority to waive all legal requirements
                                                                                                                           Order on Border Security and                                 that I, in my sole discretion, determine
                                                DEPARTMENT OF HOMELAND                                                     Immigration Enforcement Improvements                         necessary to ensure the expeditious
                                                SECURITY                                                                   directed executive departments and                           construction of barriers and roads
                                                                                                                           agencies to deploy all lawful means to                       authorized by section 102 of IIRIRA.
                                                Office of the Secretary                                                    secure the southern border. Executive
                                                                                                                           Order 13767, § 1. To achieve this end,                       Determination and Waiver
                                                Determination Pursuant to Section 102                                      the President directed, among other                          Section 1
                                                of the Illegal Immigration Reform and                                      things, that I take immediate steps to
                                                Immigrant Responsibility Act of 1996,                                      prevent all unlawful entries into the                           The United States Border Patrol’s San
                                                as Amended                                                                 United States, to include the immediate                      Diego Sector is one of the busiest
                                                                                                                           construction of physical infrastructure                      Sectors in the Nation. For example, in
                                                AGENCY: Office of the Secretary,                                                                                                        fiscal year 2016 alone, the United States
                                                Department of Homeland Security.                                           to prevent illegal entry. Executive Order
                                                                                                                           13767, § 4(a).                                               Border Patrol apprehended over 31,000
                                                ACTION: Notice of determination.                                                                                                        illegal aliens and seized approximately
                                                                                                                              Congress has provided the Secretary
                                                                                                                           of Homeland Security with a number of                        9,167 pounds of marijuana and
                                                SUMMARY:   The Secretary of Homeland                                                                                                    approximately 1,317 pounds of cocaine
                                                Security has determined, pursuant to                                       authorities necessary to carry out DHS’s
                                                                                                                           border security mission, including the                       in the San Diego Sector. To be sure, the
                                                law, that it is necessary to waive certain                                                                                              construction of border infrastructure
                                                laws, regulations and other legal                                          border security provisions described
                                                                                                                           above. One of these authorities is found                     and other operational improvements
                                                requirements in order to ensure the                                                                                                     have improved border security in the
                                                expeditious construction of barriers and                                   at section 102 of the Illegal Immigration
                                                                                                                           Reform and Immigrant Responsibility                          San Diego Sector; however, more work
                                                roads in the vicinity of the international                                                                                              needs to be done. The San Diego Sector
                                                land border of the United States near the                                  Act of 1996 (‘‘IIRIRA’’). Public Law 104–
                                                                                                                           208, Div. C, 110 Stat. 3009–546, 3009–                       remains an area of high illegal entry for
                                                city of San Diego in the state of                                                                                                       which there is an immediate need to
                                                California.                                                                554 (Sept. 30, 1996) (8 U.S.C 1103 note),
                                                                                                                           as amended by the REAL ID Act of 2005,                       construct additional border barriers and
                                                DATES:   This determination takes effect                                   Public Law 109–13, Div. B, 119 Stat.                         roads.
                                                on August 2, 2017.                                                         231, 302, 306 (May 11, 2005) (8 U.S.C.                          To begin to meet the need for
                                                SUPPLEMENTARY INFORMATION: The                                             1103 note), as amended by the Secure                         additional border infrastructure within
                                                principal mission requirements of the                                      Fence Act of 2006, Public Law 109–367,                       the San Diego Sector, DHS will
                                                Department of Homeland Security                                            § 3, 120 Stat. 2638 (Oct. 26, 2006) (8                       immediately implement various border
                                                (‘‘DHS’’) include border security and the                                  U.S.C. 1103 note), as amended by the                         infrastructure projects. These projects
                                                detection and prevention of illegal entry                                  Department of Homeland Security                              will focus on an approximately fifteen
                                                into the United States. Border security                                    Appropriations Act, 2008, Public Law                         mile segment of the border within the
                                                is critical to the nation’s national                                       110–161, Div. E, Title V, § 564, 121 Stat.                   San Diego Sector that starts at the
                                                security. Recognizing the critical                                         2090 (Dec. 26, 2007). In section 102(a)                      Pacific Ocean and extends eastward.
                                                importance of border security, Congress                                    of IIRIRA, Congress provided that the                        This approximately fifteen mile segment
                                                has ordered DHS to achieve and                                             Secretary of Homeland Security shall                         of the border is referred to herein as the
                                                maintain operational control of the                                        take such actions as may be necessary                        ‘‘Project Area’’ and is more specifically
sradovich on DSKBCFCHB2PROD with NOTICES




                                                international land border. Secure Fence                                    to install additional physical barriers                      described in Section 2 below.
                                                Act of 2006, Public Law 109–367, 2, 120                                    and roads (including the removal of                             All of the projects that DHS will
                                                Stat. 2638 (Oct. 26, 2006) (8 U.S.C. 1701                                  obstacles to detection of illegal entrants)                  undertake within the Project Area will
                                                note). Congress defined ‘‘operational                                      in the vicinity of the United States                         further Border Patrol’s ability to deter
                                                control’’ as the prevention of all                                         border to deter illegal crossings in areas                   and prevent illegal crossings. For
                                                unlawful entries into the United States,                                   of high illegal entry into the United                        example, DHS will replace existing
                                                including entries by terrorists, other                                     States. In section 102(b) of IIRIRA,                         primary fencing in the Project Area. The


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                                                                           Federal Register / Vol. 82, No. 147 / Wednesday, August 2, 2017 / Notices                                                  35985

                                                majority of the existing primary fence in               supporting elements, drainage, erosion                Wildlife Refuge System Improvement
                                                the Project Area was built in the early                 controls, and safety features) in the                 Act of 1997 (Pub. L. 105–57), National
                                                1990s using a fence design that is no                   Project Area, the following statutes,                 Fish and Wildlife Act of 1956 (Pub. L.
                                                longer optimal for Border Patrol                        including all federal, state, or other                84–1024 (16 U.S.C. 742a, et seq.)), the
                                                operations. The new primary barrier                     laws, regulations and legal requirements              Fish and Wildlife Coordination Act
                                                will use an operationally effective                     of, deriving from, or related to the                  (Pub. L. 73–121 (16 U.S.C. 661 et seq.)),
                                                design that is intended to meet Border                  subject of, the following statutes, as                the Wild Horse and Burro Act (16 U.S.C.
                                                Patrol’s current requirements. DHS will                 amended: The National Environmental                   1331 et seq.), an Act of Oct. 30, 2000,
                                                also build prototype border wall in the                 Policy Act (Pub. L. 91–190, 83 Stat. 852              Pub. L. 106–398, 1, 114 Stat. 1654
                                                Project Area near the eastern terminus                  (Jan. 1, 1970) (42 U.S.C. 4321 et seq.)),             (enacting into law § 2848 of Part II of
                                                of the existing secondary barrier. The                  the Endangered Species Act (Pub. L. 93–               Subtitle D of Title XXVIII of Division B
                                                construction of border wall prototypes                  205, 87 Stat. 884 (Dec. 28, 1973) (16                 of H.R. 5408 (114 Stat. 1654A–426), as
                                                in the Project Area and the robust                      U.S.C. 1531 et seq.)), the Federal Water              introduced on Oct. 6, 2000), the
                                                physical characteristics that are to be                 Pollution Control Act (commonly                       Administrative Procedure Act (5 U.S.C.
                                                incorporated into the border wall                       referred to as the Clean Water Act (33                551 et seq.), the Otay Mountain
                                                prototypes are intended to deter illegal                U.S.C. 1251 et seq.)), the National                   Wilderness Act of 1999 (Pub. L. 106–
                                                crossings. In addition to deterring illegal             Historic Preservation Act (Pub. L. 89–                145), sections 102(29) and 103 of Title
                                                crossings in the Project Area, DHS will                 665, 80 Stat. 915 (Oct. 15, 1966), as                 I of the California Desert Protection Act
                                                use the border wall prototypes to                       amended, repealed, or replaced by Pub.                (Pub. L. 103–433), the Rivers and
                                                evaluate various design features for                    L. 113–287 (Dec. 19, 2014) (formerly                  Harbors Act of 1899 (33 U.S.C. 403), the
                                                potential inclusion in a border wall                    codified at 16 U.S.C. 470 et seq., now                Eagle Protection Act (16 U.S.C. 668 et
                                                standard that will be developed by the                  codified at 54 U.S.C. 100101 note and                 seq.), the Native American Graves
                                                Government and utilized as a part of                    54 U.S.C. 300101 et seq.)), the Migratory             Protection and Repatriation Act (25
                                                border wall construction going forward.                 Bird Treaty Act (16 U.S.C. 703 et seq.),              U.S.C. 3001 et seq.), the American
                                                Importantly, construction of the border                 the Migratory Bird Conservation Act (16               Indian Religious Freedom Act (42 U.S.C.
                                                wall prototypes in the Project Area also                U.S.C. 715 et seq.), the Clean Air Act (42            1996), and the Religious Freedom
                                                means that DHS can evaluate various                                                                           Restoration Act (42 U.S.C. 2000bb).
                                                                                                        U.S.C. 7401 et seq.), the Archeological
                                                design features in the border                                                                                    This waiver does not repeal the
                                                                                                        Resources Protection Act (Pub. L. 96–95
                                                environment under actual operational                                                                          previous waiver published in the
                                                                                                        (16 U.S.C. 470aa et seq.)), the
                                                conditions. As such, the construction of                                                                      Federal Register on September 22, 2005
                                                                                                        Paleontological Resources Preservation
                                                border wall prototypes will not only                                                                          (70 FR 55622).
                                                                                                        Act (16 U.S.C. 470aaa et seq.), the
                                                deter illegal entry in the Project Area,                                                                         I reserve the authority to make further
                                                                                                        Federal Cave Resources Protection Act
                                                but evaluation of the border wall                                                                             waivers from time to time as I may
                                                                                                        of 1988 (16 U.S.C. 4301 et seq.), the
                                                prototypes is also critical to and                                                                            determine to be necessary under section
                                                                                                        National Trails System Act (16 U.S.C.
                                                necessary for future border wall design                                                                       102 of IIRIRA, as amended.
                                                                                                        1241 et seq.), the Safe Drinking Water
                                                and construction.
                                                                                                        Act (42 U.S.C. 300f et seq.), the Noise                 Dated: July 26, 2017.
                                                Section 2                                               Control Act (42 U.S.C. 4901 et seq.), the             John F. Kelly,
                                                   I determine that the following area in               Solid Waste Disposal Act, as amended                  Secretary of Homeland Security.
                                                the vicinity of the United States border,               by the Resource Conservation and                      [FR Doc. 2017–16260 Filed 8–1–17; 8:45 am]
                                                located in the state of California within               Recovery Act (42 U.S.C. 6901 et seq.),
                                                                                                                                                              BILLING CODE 9111–14–P
                                                the United States Border Patrol’s San                   the Comprehensive Environmental
                                                Diego Sector, which is referred to herein               Response, Compensation, and Liability
                                                as the Project Area, is an area of high                 Act (42 U.S.C. 9601 et seq.), the                     DEPARTMENT OF HOMELAND
                                                illegal entry: Starting at the Pacific                  Archaeological and Historic                           SECURITY
                                                Ocean and extending to approximately                    Preservation Act (Pub. L. 86–523, as
                                                one mile east of Border Monument 251.                   amended, repealed, or replaced by Pub.                U.S. Citizenship and Immigration
                                                   There is presently a need to construct               L. 113–287 (Dec. 19, 2014) (formerly                  Services
                                                physical barriers and roads, including                  codified at 16 U.S.C. 469 et seq., now
                                                                                                        codified at 54 U.S.C. 312502 et seq.)),               [OMB Control Number 1615–0044]
                                                the infrastructure projects described in
                                                Section 1, in the vicinity of the border                the Antiquities Act (formerly codified at
                                                                                                                                                              Agency Information Collection
                                                of the United States to deter illegal                   16 U.S.C. 431 et seq., now codified 54
                                                                                                                                                              Activities; Extension, Without Change,
                                                crossings in the Project Area. In order to              U.S.C. 320301 et seq.), the Historic
                                                                                                                                                              of a Currently Approved Collection:
                                                ensure the expeditious construction of                  Sites, Buildings, and Antiquities Act
                                                                                                                                                              Application for Action on an Approved
                                                the barriers and roads in the Project                   (formerly codified at 16 U.S.C. 461 et
                                                                                                                                                              Application or Petition
                                                Area, I have determined that it is                      seq., now codified at 54 U.S.C. 3201–
                                                necessary that I exercise the authority                 320303 & 320101–320106), the Wild and                 AGENCY:  U.S. Citizenship and
                                                that is vested in me by section 102(c) of               Scenic Rivers Act (Pub. L. 90–542 (16                 Immigration Services, Department of
                                                IIRIRA as amended.                                      U.S.C. 1281 et seq.)), the Farmland                   Homeland Security.
                                                   Accordingly, pursuant to section                     Protection Policy Act (7 U.S.C. 4201 et               ACTION: 30-Day notice.
                                                102(c) of IIRIRA, I hereby waive in their               seq.), the Coastal Zone Management Act
                                                entirety, with respect to the                           (Pub. L. 92–583 (16 U.S.C. 1451 et seq.)),                       The Department of Homeland
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                                                                                                                                                              SUMMARY:
                                                construction of roads and physical                      the Wilderness Act (Pub. L. 88–577 (16                Security (DHS), U.S. Citizenship and
                                                barriers (including, but not limited to,                U.S.C. 1131 et seq.)), the Federal Land               Immigration Services (USCIS) will be
                                                accessing the Project Area, creating and                Policy and Management Act (Pub. L.                    submitting the following information
                                                using staging areas, the conduct of                     94–579 (43 U.S.C. 1701 et seq.)), the                 collection request to the Office of
                                                earthwork, excavation, fill, and site                   National Wildlife Refuge System                       Management and Budget (OMB) for
                                                preparation, and installation and                       Administration Act (Pub. L. 89–669 (16                review and clearance in accordance
                                                upkeep of physical barriers, roads,                     U.S.C. 668dd–668ee)), the National                    with the Paperwork Reduction Act of


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Document Created: 2017-08-02 07:10:02
Document Modified: 2017-08-02 07:10:02
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of determination.
DatesThis determination takes effect on August 2, 2017.
FR Citation82 FR 35984 

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