[Federal Register Volume 72, Number 12 (Friday, January 19, 2007)]
[Notices]
[Pages 2535-2536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-738]


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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. The Secretary's waiver is 
effective upon publication of this Notice.

DATES: This Notice is effective on January 19, 2007.
    Determination and Waiver: In section 102(a) 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), 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 (HSA), Public Law 107-296, 
116 Stat. 2135, 2309, 2311 (Nov. 25, 2002) (6 U.S.C. 551, 557), the 
authorities of the Attorney General contained in section 102 of the 
IIRIRA were transferred to the Secretary of Homeland Security 
(Secretary).
    In section 3 of the Secure Fence Act of 2006 (Secure Fence Act), 
Public Law 109-367), Congress amended Section 102(b) of IIRIRA to 
provide for the installation of fencing, barriers, roads, lighting, 
cameras, and sensors along five segments of the southern border of the 
United States, including much of the border between Arizona and Mexico. 
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 the 
Secretary ``authority to waive all legal requirements such Secretary, 
in such Secretary's sole discretion, determines necessary to ensure the 
expeditious construction of barriers and roads under'' section 102 of 
IIRIRA.
    I have determined that the area in the vicinity of the United 
States border known as the Barry M. Goldwater Range (BMGR), as 
described in the Bureau of Land Management's ``Legal Description of 
Barry M. Goldwater Range Withdrawal, AZ'' (66 FR 59813 (November 30, 
2001)), in southwestern Arizona, including the adjacent area to the 
west of the BMGR, is an area of high illegal entry. This area is also 
within the footprint of infrastructure provided for in Section 
102(b)(1)(A)(ii) of IIRIRA as amended by the Secure Fence Act. 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 within and in the vicinity 
of the BMGR. In order to ensure the expeditious construction of the 
barriers and roads that Congress prescribed in sections 102(a) and 
102(b) of the IIRIRA in the BMGR, which is an area of high illegal 
entry into the United States, I have determined that it is necessary to 
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, with respect to the construction, as prescribed in 
sections 102(a) and 102(b) of the IIRIRA, of roads and fixed and mobile 
barriers within the BMGR and within five miles to the west of the BMGR 
(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), I hereby 
waive, in their entirety, 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 Wilderness Act (Pub. L. 88-577, 16 U.S.C. 1131 et

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seq.); the National Historic Preservation Act (Pub. L. 89-665, 80 Stat. 
915 (Oct. 15, 1966) (16 U.S.C. 470 et seq.)); the National Wildlife 
Refuge System Administration Act (Pub. L. 89-669, 16 U.S.C. 668dd-
668ee); the Military Lands Withdrawal Act of 1999 (Pub. L. 106-65, 113 
Stat. 885 (Oct. 5, 1999)); the Sikes Act (16 U.S.C. 670 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: January 12, 2007.
Michael Chertoff,
Secretary of Homeland Security.
 [FR Doc. E7-738 Filed 1-18-07; 8:45 am]
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