69214 Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Notices 

The ISUDCC is required to meet at 

least twice per calendar year. 

To attend virtually, submit written or 

brief oral comments, or request special 

accommodation for persons with 

disabilities, contact Tracy Goss. 

Individuals can also register on-line at:. 

https://snacregister.samhsa.gov. 

The public comment section will be 

scheduled at the conclusion of the 

meeting. Individuals interested in 

submitting a comment, must notify 

Tracy Goss on or before November 24, 

2023, via email to: Tracy.Goss@

samhsa.hhs.gov. 

Up to two minutes will be allotted for 

each approved public comment as time 

permits. Written comments received in 

advance of the meeting will be 

considered for inclusion in the official 

record of the meeting. 

Substantive meeting information and 

a roster of Committee members is 

available at the Committee’s website: 

https://www.samhsa.gov/about-us/ 

advisory-councils/meetings. 

Dated: October 1, 2023. 

Carlos Castillo, 

Committee Management Officer. 

[FR Doc. 2023–22157 Filed 10–4–23; 8:45 am] 

BILLING CODE 4162–20–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Determination Pursuant to Section 102 

of the Illegal Immigration Reform and 

Immigrant Responsibility Act of 1996, 

as Amended 

AGENCY: Office of the Secretary, (DHS). 

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 in Starr County, Texas. 

DATES: This determination takes effect 

on October 5, 2023. 

SUPPLEMENTARY INFORMATION: Important 

missions of the Department of 

Homeland Security (‘‘DHS’’) include 

border security. 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 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 

called on the Secretary to construct 

reinforced fencing on the southwest 

border and provide 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 

(Border Patrol) Rio Grande Valley Sector 

is an area of ‘‘high illegal entry.’’ As of 

early August 2023, Border Patrol had 

encountered over 245,000 such entrants 

attempting to enter the United States 

between ports of entry in the Rio Grande 

Valley Sector in Fiscal Year 2023. 

Therefore, I must use my authority 

under section 102 of IIRIRA to install 

additional physical barriers and roads in 

the Rio Grande Valley Sector. Therefore, 

DHS will take immediate action to 

construct barriers and roads. 

Construction will be funded by a fiscal 

year 2019 appropriation through which 

Congress appropriated funds for the 

construction border barrier in the Rio 

Grande Valley, and DHS is required to 

use those funds for their appropriated 

purpose. This project is consistent with 

DHS’s plan to fulfill the requirements of 

President Biden’s Proclamation 

(Proclamation No. 10142, 86 FR 7225 

(Jan. 20, 2021)), which ended the 

diversion of funds for border wall from 

military projects or other sources while 

calling for the expenditure of any funds 

Congress appropriated for barrier 

construction consistent with their 

appropriated purpose. The areas in the 

vicinity of the border within which such 

construction will occur are more 

specifically described in Section 2 

below. Such areas are not located within 

any of the areas identified in section 231 

of title II of division A of the Fiscal Year 

2019 DHS Appropriations Act. See 

Public Law 116–6, Div. A, Title II, sec. 

231. 

Section 2 

As set forth in section 102(a) of 

IIRIRA, I determine that the following 

areas in the vicinity of the United States 

border, located in the State of Texas 

within the Border Patrol’s Rio Grande 

Valley Sector, are areas of ‘‘high illegal 

entry’’ (the ‘‘project areas’’): 

• Starting approximately one mile 

south of the Falcon Dam and extending 

southeast for approximately two miles. 

• Starting at the southeast boundary 

of the Arroyo Morteros Tract of the 

Lower Rio Grande Valley National 

Wildlife Refuge and extending southeast 

for approximately one mile. 

• Starting at the northernmost 

boundary of the Las Ruinas Tract of the 

Lower Rio Grande Valley National 

Wildlife Refuge and extending north for 

approximately one mile. 

• Starting at the eastern boundary of 

the Arroyo Ramirez Tract of the Lower 

Rio Grande Valley National Wildlife 

Refuge and extending east for 

approximately one-half mile. 

• Starting one-half mile south of the 

intersection of Perez Road and U.S. 

Highway 83 and generally following the 

Rio Grande River to approximately onequarter mile south and east of the 

intersection of Leos Road and U.S. 

Highway 83. 

• Starting approximately threequarters of a mile southeast of the 

intersection of North Redwoods Street 

and U.S. Highway 83 and extending 

southeast to the northwest boundary of 

the Los Velas West Tract of the Lower 

Rio Grande Valley National Wildlife 

Refuge. 

• Starting approximately one-tenth 

(0.1) of a mile south of the intersection 

of Trophy Street and Moonbeam Street 

and extending east to approximately one 

mile south of the intersection of Los 

Olmitos Road and Farm to Market Road 

1430. 

• Starting approximately one mile 

south of the intersection of Los Olmitos 

Road and Farm to Market Road 1430 

and extending southeast to the 

northwest boundary of the La Casita 

East Tract of the Lower Rio Grande 

Valley National Wildlife Refuge. 

• Starting approximately one mile 

south of the intersection of Mission 

Street and Old Military Highway and 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Notices 69215 

extending southeast for approximately 

one and three-quarters miles. 

• Starting at the northeast boundary 

of the Villareales Banco Tract of the 

Lower Rio Grande Valley National 

Wildlife Refuge and extending east to 

the western boundary of the of the 

Cuevitas Tract of the Lower Rio Grande 

Valley National Wildlife Refuge. 

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 areas pursuant to 

sections 102(a) and 102(b) of IIRIRA. In 

order to ensure the expeditious 

construction of the barriers and roads in 

the project areas, 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 areas, 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 

areas, 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 Public Law 113–287, 128 

Stat. 3094 (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, 

93 Stat. 721 (Oct. 31, 1979) (16 U.S.C. 

470aa et seq.)); the Paleontological 

Resources Preservation Act (16 U.S.C. 

470aaa 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, 74 

Stat. 220 (June 27, 1960) as amended, 

repealed, or replaced by Public Law 

113–287, 128 Stat. 3094 (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 National 

Wildlife Refuge System Administration 

Act (Pub. L. 89–669, 80 Stat. 926 (Oct. 

15, 1966) (16 U.S.C. 668dd-668ee)); 

National Fish and Wildlife Act of 1956 

(Pub. L. 84–1024, 70 Stat. 1119 (Aug. 8, 

1956) (16 U.S.C. 742a, et seq.)); the Fish 

and Wildlife Coordination Act (Pub. L. 

73–121, 48 Stat. 401 (March 10, 1934) 

(16 U.S.C. 661 et seq.)); the National 

Trails System Act (16 U.S.C. 1241 et 

seq.); the Administrative Procedure Act 

(5 U.S.C. 551 et seq.); 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 

Federal Land Policy and Management 

Act (Pub. L. 94–579, 90 Stat. 2743 (Oct. 

21, 1976) (43 U.S.C. 1701 et seq.)). 

This waiver does not revoke or 

supersede any other waiver 

determination made pursuant to section 

102(c) of IIRIRA. Such waivers shall 

remain in full force and effect in 

accordance with their 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. 

Alejandro N. Mayorkas, 

Secretary. U.S. Department of Homeland 

Security. 

[FR Doc. 2023–22176 Filed 10–4–23; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–7077–N–22] 

Privacy Act of 1974; System of 

Records 

AGENCY: Single Family Acquired Asset 

Branch, Office of Housing, HUD. 

ACTION: Notice of a modified system of 

records. 

SUMMARY: Under the provision of the 

Privacy Act of 1974, as amended, the 

Department of Housing and Urban 

Development (HUD), Single Family 

Acquired Asset Branch, is modifying 

system of records titled ‘‘Single Family 

Acquired Assets Management System 

(SAMS).’’ The Single Family Acquired 

Asset Management System (SAMS) 

handles Management and accounting 

functions for HUD’s inventory of HUD 

owned single-family properties for sale, 

or maintained as, Real Estate Owned 

(REO) properties. This system of records 

is being revised to make clarifying 

changes within: System Location, 

System Manager, Record Authority for 

Maintenance of the System, Purpose of 

the System, Categories of Individuals 

Covered by the System, Categories of 

Records in the System, Records Source 

Categories, Routine Uses of Records 

Maintained in the System, Retrieval of 

Records, and Retention and Disposal of 

Records, and make general updates to 

the remaining sections to accurately 

reflect management of the system of 

records in accordance with the Office of 

Management and Budget (OMB) 

Circular A108, Federal Agency 

Responsibilities for Review, Reporting, 

and Publication under the Privacy Act. 

DATES: Comments will be accepted on or 

before November 6, 2023. This proposed 

action will be effective immediately 

upon publication. Routine uses will 

become effective on the date following 

the end of the comment period unless 

comments are received which result in 

a contrary determination. 

ADDRESSES: You may submit comments, 

identified by docket number or by one 

of the following methods: 

Federal e-Rulemaking Portal: http://

www.regulations.gov. Follow the 

instructions provided on that site to 

submit comments electronically. 

Fax: 202–619–8365. 

Email: privacy@hud.gov. 

Mail: Attention: Privacy Office; 

LaDonne White, Chief Privacy Officer; 

Office of the Executive Secretariat; 451 

Seventh Street SW, Room 10139; 

Washington, DC 20410–0001. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. All 

comments received will be posted 

without change to http://

www.regulations.gov. including any 

personal information provided. 

Docket: For access to the docket to 

read background documents or 

comments received go to http://

www.regulations.gov. 


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