[Federal Register: September 22, 2005 (Volume 70, Number 183)]
[Notices]
[Page 55622-55623]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22se05-43]
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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
AGENCY: Office of the Secretary, Department of Homeland Security
ACTION: Notice of determination.
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[[Page 55623]]
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 along the international land border of the United
States in California.
DATES: This Notice is effective on September 22, 2005.
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) (8 U.S.C 1103 note (2000) (IIRIRA)),
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.
In section 102(b) of the IIRIRA, Congress specifically provided for
the construction along the 14 miles of the international land border of
the United States, starting at the Pacific Ocean and extending
eastward, of second and third fences, in addition to the existing
reinforced fence, and for roads between the fences. In section 446 of
the HSA, Congress expressed its sense that completing the 14-mile
border project under section 102(b) of the IIRIRA should be a priority
for the Secretary of Homeland Security. Nearly nine years after the
passage of the IIRIRA, the project prescribed in section 102(b) of the
IIRIRA remains incomplete.
In order to ensure the expeditious construction of the barriers and
roads that Congress prescribed in section 102(b) of the IIRIRA,
regarding which Congress expressed its support in section 446 of the
HSA, 116 Stat. 2195 (6 U.S.C. 256), and 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 the barriers and roads prescribed in section 102(b) of
the IIRIRA (including, but not limited to, the conduct of earthwork,
excavation, fill, and site preparation, and installation and upkeep of
fences, roads, supporting elements, drainage, erosion controls, safety
features, detection equipment, and lighting), 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 Coastal
Zone Management Act (Pub. L. 92-583, 86 Stat. 1280 (Oct. 27, 1972) (16
U.S.C. 1451 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.), 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: September 13, 2005.
Michael Chertoff,
Secretary of Homeland Security.
[FR Doc. 05-18882 Filed 9-21-05; 8:45 am]
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