18294 Federal Register / Vol. 73, No. 65 / Thursday, April 3, 2008 / Notices 

2535), and October 26, 2007 (72 FR 

60870). 

I reserve the authority to make further 

waivers from time to time as I may 

determine to be necessary to accomplish 

the provisions of section 102 of the 

IIRIRA, as amended. 

Dated: April 1, 2008. 

Michael Chertoff, 

Secretary. 

[FR Doc. 08–1095 Filed 4–1–08; 2:03 pm] 

BILLING CODE 4410–10–P 

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. 

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. 

DATES: This Notice is effective on April 

3, 2008. 

Determination and Waiver: The 

Department of Homeland Security has a 

mandate to achieve and maintain 

operational control of the borders of the 

United States. Public Law 109–367, 

Section 2, 120 Stat. 2638, 8 U.S.C. 1701 

note. Congress has provided the 

Secretary of Homeland Security with a 

number of authorities necessary to 

accomplish this mandate. One of these 

authorities is found at section 102(c) 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), 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, Section 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, Section 564, 

121 Stat. 2090 (Dec. 26, 2007). In 

Section 102(a) of the 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 the IIRIRA, Congress 

has called for the installation of fencing, 

barriers, roads, lighting, cameras, and 

sensors on not less than 700 miles of the 

southwest border, including priority 

miles of fencing that must be completed 

by December of 2008. Finally, in section 

102(c) of the IIRIRA, 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 authorized by section 

102 of the IIRIRA. 

I determine that the area in the 

vicinity of the United States border as 

described in the attached document, 

hereinafter the Project Area, which is 

incorporated and made a part hereof, is 

an area of high illegal entry. In order to 

deter illegal crossings in the Project 

Area, there is presently a need to 

construct fixed and mobile barriers and 

roads in conjunction with 

improvements to an existing levee 

system in the vicinity of the border of 

the United States as a joint effort with 

Hidalgo County, Texas. In order to 

ensure the expeditious construction of 

the barriers and roads that Congress 

prescribed in the IIRIRA in the Project 

Area, 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 is vested in 

me by section 102(c) of the IIRIRA as 

amended. 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, 

creating and using staging areas, 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 Project Area, 

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) (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 

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 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), the 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 

Rivers 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.), the American 

Indian Religious Freedom Act (42 U.S.C. 

1996), the Religious Freedom 

Restoration Act (42 U.S.C. 2000bb), and 

the Federal Grant and Cooperative 

Agreement Act of 1977 (31 U.S.C. 6303–

05). 

I reserve the authority to make further 

waivers from time to time as I may 

determine to be necessary to accomplish 

the provisions of section 102 of the 

IIRIRA, as amended. 

Dated: April 1, 2008. 

Michael Chertoff, 

Secretary. 

[FR Doc. 08–1096 Filed 4–1–08; 2:03 pm] 

BILLING CODE 4410–10–P 


rwilkins on PROD1PC63 with NOTICES