Hidalgo Waiver for Border Fence Revealed
A review of the formal waiver submitted into the Federal Record by Homeland Security Secretary Michael Chertoff on April 1, 2008 is really shocking. The Secretary is saying in the waiver that on his sole authority alone for what is likely to be the largest construction project ever to be done in the Rio Grande Valley basically no federal regulations will be in place. The waiver does much more than give a few environmental waivers. Historic buildings, farms, burial grounds, waterways, drinking water, clean air, parks and other structures may be destroyed or disrupted. A quote out of the document is below. The full document may be found at http://www.cbp.gov/xp/cgov/newsroom/highlights/dhs_waiver/
“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 V.S.C. 4321 et seq.)), the Endangered Species Act (Pub. L. 93-205, 87 Stat.
884) (Dec. 28, 1973) (16 V.S.C. 1531 et seq.)), the Federal Water Pollution Control Act
(commonly referred to as the Clean Water Act) (33 V.S.C. 1251 et seq.), the National
Historic Preservation Act (Pub. L. 89-665, 80 Stat. 915 (Oct. 15, 1966) (16 V.S.C. 470 et
seq.)), the Migratory Bird Treaty Act (16 V.S.C. 703 et seq.), the Clean Air Act (42
V.S.C. 7401 et seq.), the Archeological Resources Protection Act (Pub. L. 96-95, 16
V.S.C. 470aa et seq.), the Safe Drinking Water Act (42 V.S.C. 300f et seq.), the Noise
Control Act (42 V.S.C. 4901 et seq.), the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act (42 V.S.C. 6901 et seq.), the Comprehensive
Environmental Response, Compensation, and Liability Act (42 V.S.C. 9601 et seq.), the
Archaeological and Historic Preservation Act (Pub. L. 86-523, 16 V.S.C. 469 et seq.), the
Antiquities Act (16 V.S.C. 431 et seq.), the Historic Sites, Buildings, and Antiquities Act
(16 V.S.C. 461 et seq.), the Farmland Protection Policy Act (7 V.S.C. 4201 et seq.), the
Coastal Zone Management Act (Pub. L. 92-583, 16V.S.C. ยง 1451 et seq.), the Federal
Land Policy and Management Act (Pub L. 94-579,43 V.S.C. 1701 et seq.), the National
Wildlife Refuge System Administration Act (Pub. L. 89-669, 16 V.S.c. 668dd-668ee),
the Fish and Wildlife Act of 1956 (Pub. L. 84-1024, 16 V.S.C. 742a, et seq.), the Fish and
Wildlife Coordination Act (Pub. L. 73-121, 16 V.S.C. 661 et seq.), the Administrative
Procedure Act (5 V.S.C. 551 et seq.), the Rivers and Harbors Act of 1899 (33 V.S.C.
403), the Eagle Protection Act (16 V.S.C. 668 et seq.), the Native American Graves
Protection and Repatriation Act (25 V.S.C. 3001 et seq.), the American Indian Religious
Freedom Act (42 V.S.C. 1996), the Religious Freedom Restoration Act (42 V.S.C.
2000bb), and the Federal Grant and Cooperative Agreement Act of 1977 (31 V.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.”