Border Fence Environmental Planning

Introduction

In Section 102(b) of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), Congress mandated the U.S. Department of Homeland Security (DHS) to install fencing, barriers, roads, lighting, cameras, and sensors on not less than 700 miles of the southwestern border. This total includes 370 miles of primary pedestrian fencing to be completed in 2008, in areas most practical and effective in deterring smugglers and aliens attempting to gain illegal entry into the United States. In addition, DHS has committed to completing a total of 300 miles of vehicle fence along the southwestern border by the end of 2008. As of March 21, 2008, 201 miles of primary pedestrian fence and 140 miles of vehicle fence remained to be constructed by December 2008.

Primary pedestrian and vehicle fence are needed because of high levels of illegal entry along the U.S./Mexico international border. The mission of the U.S. Customs and Border Protection (CBP) is to prevent terrorists and terrorist weapons from entering the United States, while also facilitating the flow of legitimate trade and travel.

On April 1, 2008, the Secretary of the Department of Homeland Security (DHS), pursuant to his authority under Section 102(c) of IIRIRA, exercised his authority to waive over 30 environmental and other laws and regulations associated with construction of tactical infrastructure along the southwestern border. Although the Secretary’s waiver means that CBP no longer has any specific legal obligations under these laws, the Secretary committed the Department to continue to protect valuable natural and cultural resources. CBP strongly supports this and remains committed to being a good steward of the environment (see 73 FR 65, pp. 18293-24).

Although the Secretary has exercised the waiver authority vested in him by Congress through the IIRIRA, DHS and CBP remain committed to building tactical infrastructure in an environmentally responsible manner. In support of this commitment, CBP will continue to work in a collaborative manner with local government, state and Federal land managers, and the interested public to identify environmentally sensitive resources and develop appropriate best management practices (BMPs) to avoid or minimize adverse impacts resulting from the fencing projects.

CBP is continuing with an environmental review of the fencing projects and will publish the results of this analysis in Environmental Stewardship Plans (ESPs), including mitigation and BMPs developed to avoid and minimize adverse effects to the environment. These ESPs will be developed for each U.S. Border Patrol (USBP) Sector scheduled for tactical infrastructure improvements and will address each segment of primary pedestrian and vehicle fencing.

This Web site has been developed to receive information from the public on sensitive resources that need to be considered in our fence projects and to inform the public on our environmental stewardship plans.

FOR FURTHER INFORMATION CONTACT: Mr. Loren Flossman, Program Manager, SBI Tactical Infrastructure, 1300 Pennsylvania Ave, NW, Washington, DC 20229, Fax (703) 752-7754.

Links:
U.S. Department of Homeland Security (DHS)
U.S. Customs and Border Protection, Border Patrol
U.S. Army Corps of Engineers-Fort Worth District Engineering Construction and Support Office

Frequently Asked Questions:

Q: What does the Waiver cover?
A: The DHS Secretary issued two waivers on April 1, 2008. One covers environmental laws and permitting processes for projects where compliance with those laws or processes would prevent DHS from meeting its December 2008 mandate. Approximately 470 miles of the U.S./Mexico international border is covered by the waiver. This waiver covers the construction, operation, and maintenance of tactical infrastructure to include 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.

The second waiver was solely for specific project areas in Hidalgo County, Texas to remove legal impediments to CBP and Hidalgo County entering into the mutually-beneficial project of levee improvements and fence construction. This waiver covers 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.

As has been the case in the past where the Secretary has waived certain environmental laws, he remains committed to proceeding in an environmentally sensitive manner and working closely with the Department of Interior and other resource agencies to minimize any adverse impacts to the environment, wildlife, or historic and cultural resources.

Q: What are Environmental Stewardship Plans (ESPs)?
A: Although DHS Secretary Chertoff exercised his authority under Section 102(c) of IIRIRA to waive certain laws, DHS is neither compromising its commitment to responsible environmental stewardship nor its commitment to solicit and respond to the needs of state, local, and tribal governments, other agencies of the federal government, and local residents. CBP will conduct natural and cultural resources surveys in the project area to indentify resources present, revise the project to avoid or minimize impacts to the extent practical, mitigate for impacts that cannot be avoided, and share the results with the public and other stakeholders in ESPs for primary pedestrian fence and vehicle fence projects. Through the development of the ESPs, CBP will actively seek input from resource agencies and the public, to include coordination with the U.S. Fish & Wildlife Service (USFWS), State Historic Preservation Offices (SHPOs), US Army Corps of Engineers and other resource agencies

Q: Will the public continue to participate in and be informed about the border fence projects?
A: Yes. For projects in which a public open house meeting has not already been held, CBP will hold a public open house to share information on the project and consult with communities on impacts of the project and ways to avoid, minimize, or mitigate adverse impacts. ESPs and related information will be posted on this Web site [www.BorderFencePlanning.com] and ESPs will be distributed to selected local libraries.