83 FR 50949 - 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 83, Issue 196 (October 10, 2018)
Office of the Secretary
Federal Register Volume 83, Issue 196 (October 10, 2018)
| Page Range | 50949-50951 | |
| FR Document | 2018-21930 |
[Federal Register Volume 83, Number 196 (Wednesday, October 10, 2018)] [Notices] [Pages 50949-50951] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-21930] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- [[Page 50950]] 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 in Cameron County in the State of Texas. DATES: This determination takes effect on October 10, 2018. 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, Sec. 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, Sec. 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, Sec. 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, 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 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 Rio Grande Valley Sector is an area of high illegal entry. For the last several years, the Rio Grande Valley Sector has seen more apprehensions of illegal aliens than any other sector of the United States Border Patrol (``Border Patrol''). For example, in fiscal year 2017 alone, Border Patrol apprehended over 137,000 illegal aliens. In that same year Border Patrol seized approximately 260,000 pounds of marijuana and approximately 1,200 pounds of cocaine. In order to satisfy the need for additional border infrastructure in the Rio Grande Valley Sector, DHS will take action to construct barriers and roads. DHS will construct mechanical gates and roads within gaps of existing barriers in the vicinity of the United States border in the Rio Grande Valley Sector. The segments of the border within which such construction will occur are referred to herein as the ``project area'' and 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 Cameron County in the State of Texas, within the United States Border Patrol's Rio Grande Valley Sector, are areas of high illegal entry (the ``project area''):Starting approximately three-tenths (0.3) of a mile west of a gap in the existing levee wall commonly referred to as the Anacua gate location, which is situated at the intersection of Wichita Street and the International Boundary and Water Commission (IBWC) levee approximately one and one-half (1.5) miles south of the intersection of Wichita Street with US Route 281, and extending to approximately three- tenths (0.3) of a mile east of the Anacua gate location. Starting approximately three-tenths (0.3) of a mile west of a gap in the existing levee wall commonly referred to as the Webber Road gate location, which is situated at the intersection of Webber Road and the IBWC levee located approximately eight-tenths (0.8) of a mile southwest of the intersection of Webber Road with US Route 281, and extending approximately three-tenths (0.3) of a mile east of the Webber Road gate location. Starting approximately three-tenths (0.3) of a mile southwest of a gap in the existing levee wall commonly referred to as the Cantu Road gate location, which is situated at the intersection of Avilia Road and the IBWC levee located approximately eight-tenths of a mile south of the intersection of Avilia Road with US Route 281, and extending approximately three-tenths (0.3) of a mile northeast of the Cantu Road gate location. Starting approximately three-tenths (0.3) of a mile west of a gap in the existing levee wall commonly referred to as the Garza Sandpit Road gate location, which is situated at the intersection of the County Road 677 and the IBWC levee located approximately two-tenths (0.2) of a mile southwest of the intersection of County Road 677 with US Route 281, and extending approximately three-tenths (0.3) of a mile northeast of the Garza Sandpit Road gate location. Starting approximately three-tenths (0.3) of a mile northwest of a gap in the existing levee wall commonly referred to as the Pool Road gate location, which is situated at the intersection of Domanski Drive with the IBWC levee located approximately one (1) mile south of the intersection of Domanski Drive and US Route 281, and extending approximately three-tenths (0.3) of a mile southeast of the Pool Road gate location. Starting approximately three-tenths (0.3) of a mile northwest of a gap in the existing levee wall commonly referred to as the Flor De Mayo gate location, which is situated at the intersection of Flor De Mayo Road and the IBWC levee located approximately seven- tenths (0.7) of a mile southwest of the intersection of Flor De Mayo Road with US Route 281, and extending approximately three-tenths (0.3) of a mile southeast of the Flor De Mayo Road gate location. Starting approximately three-tenths (0.3) of a mile northwest of a gap in the existing levee wall commonly referred to as the Impala Road gate location, which is situated at the intersection of [[Page 50951]] an unnamed road and the IBWC levee (said unnamed road is approximately 250 feet long from its point of intersection with the IBWC levee and a point located approximately 100 feet northwest of the intersection of Impala Drive and Gazelle Avenue) located approximately one (1) mile east of the Brownsville/Veterans Port of Entry, and extending approximately three-tenths (0.3) of a mile southeast of the Impala Road gate location. Starting approximately three-tenths (0.3) of a mile west of a gap in the existing levee wall commonly referred to as the South Point Road gate location, which is situated at the intersection of South Point Road and the IBWC levee located approximately seven-tenths (0.7) of a mile south of the intersection of South Point Road with Southmost Boulevard, and extending approximately three-tenths (0.3) of a mile northeast of the South Point Road gate location. Starting approximately three-tenths (0.3) of a mile south of a gap in the existing levee wall commonly referred to as the Loops Sandpit gate location, which is situated at the intersection of an unnamed road and the IBWC levee located approximately 65 feet east of the intersection of Alaska Road with S. Oklahoma Drive, and extending approximately three-tenths (0.3) of a mile north of the Loops Sandpit gate location. Starting approximately three-tenths (0.3) of a mile south of a gap in the existing levee wall commonly referred to as the Implement Shed gate location, which is situated at the intersection of County Road 142 and the IBWC levee located approximately 675 feet east of the intersection of Oklahoma Avenue with County Road 142, and extending approximately three-tenths (0.3) of a mile north of the Implement Shed gate location. Starting approximately three-tenths (0.3) of a mile south of a gap in the existing levee wall commonly referred to as the Florida Road gate location, which is situated at the intersection of Florida Road and the IBWC levee located approximately 600 feet east of the intersection of Oklahoma Avenue with Florida Road, and extending approximately three-tenths (0.3) of a mile north of the Florida Road gate location. There is presently an acute and immediate need to construct physical barriers and roads in the vicinity of the border of the United States in order to prevent unlawful entries into the United States 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. 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, safety features, lighting, cameras, and sensors) in the project area, 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 (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 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 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); 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 Administrative Procedure Act (5 U.S.C. 551 et seq.); the River 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.); and the American Indian Religious Freedom Act (42 U.S.C. 1996). This waiver does not revoke or supersede the previous waiver published in the Federal Register on April 8, 2008 (73 FR 19078), which shall remain in full force and effect in accordance with its 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. Dated: October 2, 2018. Kirstjen M. Nielsen, Secretary of Homeland Security. [FR Doc. 2018-21930 Filed 10-9-18; 8:45 am] BILLING CODE 9111-14-P
![Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices 50949
for reporting and drawing funds: 97.030, In order to provide Federal assistance, you DEPARTMENT OF HOMELAND
Community Disaster Loans; 97.031, Cora are hereby authorized to allocate from funds SECURITY
Brown Fund; 97.032, Crisis Counseling; available for these purposes such amounts as
97.033, Disaster Legal Services; 97.034, you find necessary for Federal disaster Federal Emergency Management
Disaster Unemployment Assistance (DUA); assistance and administrative expenses. Agency
97.046, Fire Management Assistance Grant; You are authorized to provide Public
97.048, Disaster Housing Assistance to [Internal Agency Docket No. FEMA–4382–
Assistance in the designated areas and
Individuals and Households In Presidentially DR; Docket ID FEMA–2018–0001]
Declared Disaster Areas; 97.049, Hazard Mitigation throughout the territory.
Presidentially Declared Disaster Assistance— Consistent with the requirement that Federal California; Amendment No. 3 to Notice
Disaster Housing Operations for Individuals assistance be supplemental, any Federal of a Major Disaster Declaration
and Households; 97.050 Presidentially funds provided under the Stafford Act for
Declared Disaster Assistance to Individuals Hazard Mitigation will be limited to 75 AGENCY: Federal Emergency
and Households—Other Needs; 97.036, percent of the total eligible costs. Federal Management Agency, DHS.
Disaster Grants—Public Assistance funds provided under the Stafford Act for ACTION: Notice.
(Presidentially Declared Disasters); 97.039, Public Assistance also will be limited to 75
Hazard Mitigation Grant. percent of the total eligible costs, with the SUMMARY: This notice amends the notice
exception of projects that meet the eligibility of a major disaster declaration for the
Brock Long,
criteria for a higher Federal cost-sharing State of California (FEMA–4382–DR),
Administrator, Federal Emergency dated August 4, 2018, and related
Management Agency. percentage under the Public Assistance
Alternative Procedures Pilot Program for determinations.
[FR Doc. 2018–21917 Filed 10–9–18; 8:45 am]
Debris Removal implemented pursuant to DATES: This amendment was issued
BILLING CODE 9111–11–P
section 428 of the Stafford Act. October 1, 2018.
Further, you are authorized to make FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF HOMELAND changes to this declaration for the approved Dean Webster, Office of Response and
assistance to the extent allowable under the Recovery, Federal Emergency
SECURITY
Stafford Act. Management Agency, 500 C Street SW,
Federal Emergency Management Washington, DC 20472, (202) 646–2833.
The Federal Emergency Management
Agency SUPPLEMENTARY INFORMATION: Notice is
Agency (FEMA) hereby gives notice that
[Internal Agency Docket No. FEMA–4398– pursuant to the authority vested in the hereby given that the incident period for
DR; Docket ID FEMA–2018–0001] Administrator, under Executive Order this disaster is closed effective
September 19, 2018.
12148, as amended, Benigno Bern Ruiz,
Guam; Major Disaster and Related The following Catalog of Federal Domestic
Determinations of FEMA is appointed to act as the
Federal Coordinating Officer for this Assistance Numbers (CFDA) are to be used
for reporting and drawing funds: 97.030,
AGENCY: Federal Emergency major disaster. Community Disaster Loans; 97.031, Cora
Management Agency, DHS. The following areas of the territory of Brown Fund; 97.032, Crisis Counseling;
ACTION: Notice. Guam have been designated as 97.033, Disaster Legal Services; 97.034,
Disaster Unemployment Assistance (DUA);
adversely affected by this major disaster:
SUMMARY: This is a notice of the 97.046, Fire Management Assistance Grant;
Presidential declaration of a major The territory of Guam for Public 97.048, Disaster Housing Assistance to
disaster for the territory of Guam Assistance. Individuals and Households In Presidentially
All areas within the territory of Guam are Declared Disaster Areas; 97.049,
(FEMA–4398–DR), dated October 1,
eligible for assistance under the Hazard Presidentially Declared Disaster Assistance—
2018, and related determinations. Disaster Housing Operations for Individuals
Mitigation Grant Program.
DATES: The declaration was issued and Households; 97.050, Presidentially
October 1, 2018. The following Catalog of Federal Domestic Declared Disaster Assistance to Individuals
Assistance Numbers (CFDA) are to be used and Households—Other Needs; 97.036,
FOR FURTHER INFORMATION CONTACT:
for reporting and drawing funds: 97.030, Disaster Grants—Public Assistance
Dean Webster, Office of Response and (Presidentially Declared Disasters); 97.039,
Community Disaster Loans; 97.031, Cora
Recovery, Federal Emergency Hazard Mitigation Grant.
Brown Fund; 97.032, Crisis Counseling;
Management Agency, 500 C Street SW,
97.033, Disaster Legal Services; 97.034, Brock Long,
Washington, DC 20472, (202) 646–2833.
Disaster Unemployment Assistance (DUA); Administrator, Federal Emergency
SUPPLEMENTARY INFORMATION: Notice is 97.046, Fire Management Assistance Grant; Management Agency.
hereby given that, in a letter dated 97.048, Disaster Housing Assistance to
October 1, 2018, the President issued a [FR Doc. 2018–21916 Filed 10–9–18; 8:45 am]
Individuals and Households In Presidentially
major disaster declaration under the BILLING CODE 9111–11–P
Declared Disaster Areas; 97.049,
authority of the Robert T. Stafford Presidentially Declared Disaster Assistance—
Disaster Relief and Emergency Disaster Housing Operations for Individuals
Assistance Act, 42 U.S.C. 5121 et seq. DEPARTMENT OF HOMELAND
and Households; 97.050, Presidentially
(the ‘‘Stafford Act’’), as follows: SECURITY
Declared Disaster Assistance to Individuals
I have determined that the damage to the and Households—Other Needs; 97.036, Office of the Secretary
territory of Guam resulting from Typhoon Disaster Grants—Public Assistance
Mangkhut during the period of September 10 (Presidentially Declared Disasters); 97.039, Determination Pursuant to Section 102
amozie on DSK3GDR082PROD with NOTICES1
to September 11, 2018, is of sufficient Hazard Mitigation Grant. of the Illegal Immigration Reform and
severity and magnitude to warrant a major Immigrant Responsibility Act of 1996,
disaster declaration under the Robert T. Brock Long,
as Amended
Stafford Disaster Relief and Emergency Administrator, Federal Emergency
Assistance Act, 42 U.S.C. 5121 et seq. (the Management Agency. AGENCY: Office of the Secretary,
‘‘Stafford Act’’). Therefore, I declare that such [FR Doc. 2018–21925 Filed 10–9–18; 8:45 am] Department of Homeland Security.
a major disaster exists in the territory of ACTION: Notice of determination.
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Guam.
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![Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices 50951
an unnamed road and the IBWC levee area, I have determined that it is seq., now codified at 54 U.S.C. 3201–
(said unnamed road is approximately necessary that I exercise the authority 320303 & 320101–320106); the
250 feet long from its point of that is vested in me by section 102(c) of Farmland Protection Policy Act (7
intersection with the IBWC levee and a IIRIRA. U.S.C. 4201 et seq.); the Coastal Zone
point located approximately 100 feet Accordingly, pursuant to section Management Act (Pub. L. 92–583 (16
northwest of the intersection of Impala 102(c) of IIRIRA, I hereby waive in their U.S.C. 1451, et seq.)); the Federal Land
Drive and Gazelle Avenue) located entirety, with respect to the Policy and Management Act (Pub. L.
approximately one (1) mile east of the construction of roads and physical 94–579 (43 U.S.C. 1701 et seq.)); the
Brownsville/Veterans Port of Entry, and barriers (including, but not limited to, National Wildlife Refuge System
extending approximately three-tenths accessing the project area, creating and Administration Act (Pub. L. 89–669, 16
(0.3) of a mile southeast of the Impala using staging areas, the conduct of U.S.C. 668dd–668ee); National Fish and
Road gate location. earthwork, excavation, fill, and site Wildlife Act of 1956 (Pub. L. 84–1024
• Starting approximately three-tenths preparation, and installation and (16 U.S.C. 742a, et seq.)); the Fish and
(0.3) of a mile west of a gap in the upkeep of physical barriers, roads, Wildlife Coordination Act (Pub. L. 73–
existing levee wall commonly referred supporting elements, drainage, erosion 121 (16 U.S.C. 661 et seq.)); the
to as the South Point Road gate location, controls, safety features, lighting, Administrative Procedure Act (5 U.S.C.
which is situated at the intersection of cameras, and sensors) in the project 551 et seq.); the River and Harbors Act
South Point Road and the IBWC levee area, all of the following statutes, of 1899 (33 U.S.C. 403)); the Eagle
located approximately seven-tenths (0.7) including all federal, state, or other Protection Act (16 U.S.C. 668 et seq.);
of a mile south of the intersection of the Native American Graves Protection
laws, regulations, and legal
South Point Road with Southmost and Repatriation Act (25 U.S.C. 3001 et
requirements of, deriving from, or
Boulevard, and extending seq.); and the American Indian
related to the subject of, the following
approximately three-tenths (0.3) of a Religious Freedom Act (42 U.S.C. 1996).
statutes, as amended: The National
mile northeast of the South Point Road This waiver does not revoke or
Environmental Policy Act (Pub. L. 91–
gate location. supersede the previous waiver
• Starting approximately three-tenths 190, 83 Stat. 852 (Jan. 1, 1970) (42
U.S.C. 4321 et seq.)); the Endangered published in the Federal Register on
(0.3) of a mile south of a gap in the April 8, 2008 (73 FR 19078), which shall
existing levee wall commonly referred Species Act (Pub. L. 93–205, 87 Stat.
884 (Dec. 28, 1973) (16 U.S.C. 1531 et remain in full force and effect in
to as the Loops Sandpit gate location, accordance with its terms. I reserve the
which is situated at the intersection of seq.)); the Federal Water Pollution
Control Act (commonly referred to as authority to execute further waivers
an unnamed road and the IBWC levee from time to time as I may determine to
located approximately 65 feet east of the the Clean Water Act (33 U.S.C. 1251 et
seq.)); the National Historic Preservation be necessary under section 102 of
intersection of Alaska Road with S. IIRIRA.
Oklahoma Drive, and extending Act (Pub. L. 89–665, 80 Stat. 915 (Oct.
approximately three-tenths (0.3) of a 15, 1966), as amended, repealed, or Dated: October 2, 2018.
mile north of the Loops Sandpit gate replaced by Pub. L. 113–287 (Dec. 19, Kirstjen M. Nielsen,
location. 2014) (formerly codified at 16 U.S.C. Secretary of Homeland Security.
• Starting approximately three-tenths 470 et seq., now codified at 54 U.S.C. [FR Doc. 2018–21930 Filed 10–9–18; 8:45 am]
(0.3) of a mile south of a gap in the 100101 note and 54 U.S.C. 300101 et
BILLING CODE 9111–14–P
existing levee wall commonly referred seq.)); the Migratory Bird Treaty Act (16
to as the Implement Shed gate location, U.S.C. 703 et seq.); the Migratory Bird
which is situated at the intersection of Conservation Act (16 U.S.C. 715 et seq.);
County Road 142 and the IBWC levee the Clean Air Act (42 U.S.C. 7401 et DEPARTMENT OF THE INTERIOR
located approximately 675 feet east of seq.); the Archeological Resources
the intersection of Oklahoma Avenue Protection Act (Pub. L. 96–95 (16 U.S.C. Fish and Wildlife Service
with County Road 142, and extending 470aa et seq.)); the Paleontological
approximately three-tenths (0.3) of a Resources Preservation Act (16 U.S.C. [FWS–R2–ES–2018–N094;
470aaa et seq.); the Federal Cave FXES11130200000–189–FF02ENEH00]
mile north of the Implement Shed gate
location. Resources Protection Act of 1988 (16
U.S. Endangered Species; Recovery
• Starting approximately three-tenths U.S.C. 4301 et seq.); the Safe Drinking
Permit Applications
(0.3) of a mile south of a gap in the Water Act (42 U.S.C. 300f et seq.); the
existing levee wall commonly referred Noise Control Act (42 U.S.C. 4901 et AGENCY: Fish and Wildlife Service,
to as the Florida Road gate location, seq.); the Solid Waste Disposal Act, as Interior.
which is situated at the intersection of amended by the Resource Conservation ACTION: Notice of receipt of permit
Florida Road and the IBWC levee and Recovery Act (42 U.S.C. 6901 et applications; request for comments.
located approximately 600 feet east of seq.); the Comprehensive Environmental
the intersection of Oklahoma Avenue Response, Compensation, and Liability SUMMARY: We, the U.S. Fish and
with Florida Road, and extending Act (42 U.S.C. 9601 et seq.); the Wildlife Service, invite the public to
approximately three-tenths (0.3) of a Archaeological and Historic comment on the following applications
mile north of the Florida Road gate Preservation Act (Pub. L. 86–523, as for a permit to conduct activities
location. amended, repealed, or replaced by Pub. intended to recover and enhance
There is presently an acute and L. 113–287 (Dec. 19, 2014) (formerly endangered species survival. With some
amozie on DSK3GDR082PROD with NOTICES1
immediate need to construct physical codified at 16 U.S.C. 469 et seq., now exceptions, the Endangered Species Act
barriers and roads in the vicinity of the codified at 54 U.S.C. 312502 et seq.)); of 1973, as amended (ESA), prohibits
border of the United States in order to the Antiquities Act (formerly codified at certain activities that may impact
prevent unlawful entries into the United 16 U.S.C. 431 et seq., now codified 54 endangered species unless a Federal
States in the project area. In order to U.S.C. 320301 et seq.); the Historic permit allows such activity. The ESA
ensure the expeditious construction of Sites, Buildings, and Antiquities Act also requires that we invite public
the barriers and roads in the project (formerly codified at 16 U.S.C. 461 et comment before issuing these permits.
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Document Created: 2018-10-10 17:39:03
Document Modified: 2018-10-10 17:39:03
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of determination. | |
| Dates | This determination takes effect on October 10, 2018. | |
| FR Citation | 83 FR 50949 |
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