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27 October 2007
[Federal Register: October 26, 2007 (Volume 72, Number 207)]
[Notices]
[Page 60870]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26oc07-89]
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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 by Section
102 of the REAL ID Act of 2005 and as Amended by the Secure Fence Act
of 2006
AGENCY: Office of the Secretary, Department of Homeland Security.
ACTION: Notice of determination.
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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
physical barriers and roads in the vicinity of the international land
border of the United States in Arizona.
DATES: This Notice is effective on October 26, 2007.
Determination and Waiver
In section 102(a) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996, Public Law 104-208, Div. C, 110 Stat. 3009-
546, 3009-554 (Sept. 30, 1996) (IIRIRA) (8 U.S.C. 1103 note (2000)),
Congress provided that the Attorney General 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. Pursuant to
sections 1511 and 1517 of the Homeland Security Act of 2002, Public Law
107-296, 116 Stat. 2135, 2309, 2311 (Nov. 25, 2002) (HSA) (6 U.S.C.
551, 557), the authorities of the Attorney General contained in section
102 of the IIRIRA were transferred to me. In section 102(c) of the
IIRIRA, as amended by section 102 of the REAL ID Act of 2005, Public
Law 109-13, Div. B, 119 Stat. 231, 302, 306 (May 11, 2005) (REAL ID
Act) (8 U.S.C. 1103 note), 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
under section 102 of IIRIRA.
I determine that the area in the vicinity of the United States
border from approximately 4.75 miles west of the Naco, Arizona Port of
Entry to the western boundary of the San Pedro Riparian National
Conservation Area (SPRNCA) in southeastern Arizona including the lands
covered by the Temporary Restraining Order (TRO) signed by Judge Ellen
S. Huvelle on October 10, 2007, in the case of Defenders of Wildlife et
al. v. Bureau of Land Management et al., Case 1:07-cv-01801-ESH, is an
area of high illegal entry. There is presently a need to construct
fixed and mobile barriers (such as fencing, vehicle barriers, towers,
sensors, cameras, and other surveillance, communication, and detection
equipment) and roads in the vicinity of the border of the United
States. In order to ensure the expeditious construction of the barriers
and roads that Congress prescribed in the IIRIRA in the area starting
approximately 4.75 miles west of the Naco, Arizona Port of Entry to the
western boundary of the SPRNCA and any and all land covered by the TRO,
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 was
transferred to me by sections 1511 and 1517 of the HSA and that is
vested in me by section 102(c) of the IIRIRA as amended by section 102
of the REAL ID Act. 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, 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
area starting approximately 4.75 miles west of the Naco, Arizona Port
of Entry to the western boundary of the SPRNCA and any and all land
covered by the TRO, 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, 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) (Act of June 30, 1948, c.
758, 62 Stat. 1155 (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 Federal Land Policy and Management
Act (Pub. L. 94-579, 43 U.S.C. 1701 et seq.), the Fish and Wildlife
Coordination Act (Pub. L. 73-121, 48 Stat. 401, 16 U.S.C. 661 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 Arizona-Idaho Conservation Act of 1988 (Pub. L. 100-696, 16 U.S.C.
460xx et seq.), 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.) and the Administrative Procedure Act (5 U.S.C. 551 et seq.). I
reserve the authority to make further waivers from time to time under
the authority granted to me by section 102(c) of the IIRIRA, as amended
by section 102 of the REAL ID Act, as I may determine to be necessary
to accomplish the provisions of section 102 of IIRIRA.
Dated: October 19, 2007.
Michael Chertoff,
Secretary of Homeland Security.
[FR Doc. E7-21125 Filed 10-25-07; 8:45 am]
BILLING CODE 4410-10-P