State of California et al v. Trump et al

Filing 167

MOTION for Preliminary Injunction filed by State of California. Responses due by 10/10/2019. Replies due by 10/15/2019. (Attachments: # 1 Supplement Request for Judicial Notice, # 2 Declaration of Kevin B. Clark, # 3 Declaration of Nagano, # 4 Declaration of Dunn, # 5 Declaration of Vanderplank, # 6 Proposed Order, # 7 Certificate/Proof of Service)(Cayaban, Michael) (Filed on 5/29/2019) Modified on 5/30/2019 (cpS, COURT STAFF).

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XAVIER BECERRA
Attorney General of California
ROBERT W. BYRNE
SALLY MAGNANI
MICHAEL L. NEWMAN
Senior Assistant Attorneys General
MICHAEL P. CAYABAN
CHRISTINE CHUANG
EDWARD H. OCHOA
Supervising Deputy Attorneys General
HEATHER C. LESLIE
JANELLE M. SMITH
JAMES F. ZAHRADKA II
LEE I. SHERMAN (SBN 272271)
Deputy Attorneys General
300 S. Spring St., Suite 1702
Los Angeles, CA 90013
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff State of California

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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STATE OF CALIFORNIA et al.;

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Plaintiffs, REQUEST FOR JUDICIAL NOTICE IN
SUPPORT OF PLAINTIFFS’ NOTICE
v.
OF MOTION AND MOTION FOR
PRELIMINARY INJUNCTION
REGARDING EL CENTRO BORDER
DONALD J. TRUMP, in his official
WALL PROJECT
capacity as President of the United States of
America et al.;
Judge:
Honorable Haywood S. Gilliam,
Jr.
Defendants. Trial Date:
None Set
Action Filed: February 18, 2019

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Case No. 4:19-cv-00872-HSG

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Req. for Judicial Notice in Supp. of Mot. for Prelim. Inj. re El Centro Border Wall Project (4:19-cv-00872-HSG)

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Plaintiffs hereby respectfully request, pursuant to Federal Rule of Evidence 201, that this

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Court take judicial notice of the following documents.

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

Attached hereto as Exhibit 1 is a true and correct copy of an excerpt from a page of the U.S.

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Customs and Border Protection’s website. As of May 27, 2019, the full website is accessible

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at https://www.cbp.gov/border-security/along-us-borders/border-patrol-sectors/el-centro-

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sector-california.

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

Attached hereto as Exhibit 2 is a true and correct copy of an excerpt from a page of the U.S.

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Department of Defense’s website entitled “Contracts for May 15, 2019.” As of May 27,

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2019, the full website is accessible at https://dod.defense.gov/News/Contracts/Contract-

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View/Article/1848882/.


Attached hereto as Exhibit 3 is a true and correct copy of an October 2, 2013, Order for

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Technically-Conditioned Certification from the California Water Boards to U.S. Customs and

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Border Protection. As of May 29, 2019, this document is posted on the California Water

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Boards’ website at

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https://www.waterboards.ca.gov/coloradoriver/water_issues/programs/401_certification/#201

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3.

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

Attached hereto as Exhibit 4 is a true and correct copy of Imperial County Air Pollution

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Control District Rule 801. As of May 29, 2019, this document is posted on the Imperial

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County Air Pollution Control District’s website at

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https://www.co.imperial.ca.us/AirPollution/RULEBOOK/RULES/1RULE801.pdf.

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

Attached hereto as Exhibit 5 is a true and correct copy of a September 28, 2018 letter and

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memorandum from President Trump to the Speaker of the House of Representatives and

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President of the Senate relating to “Designation of Funding for Overseas Contingency

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Operations/Global War on Terrorism.” As of May 27, 2019, this document is posted on the

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White House’s website at https://www.whitehouse.gov/wp-content/uploads/2018/09/OCO-

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Designation-Package-9.28.18_signed.pdf.

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Req. for Judicial Notice in Supp. of Mot. for Prelim. Inj. re El Centro Border Wall Project (4:19-cv-00872-HSG)

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These exhibits are matters of public record and therefore subject to judicial notice. Fed. R.

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Evid. 201(b); Lee v. City of Los Angeles, 250 F.3d 668, 689 (9th Cir. 2001) (a court may

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judicially notice matters of public record unless the matter is a fact subject to reasonable dispute).

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These exhibits are judicially noticeable because government memoranda, bulletins, letters,

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statements and opinions are matters of public record appropriate for judicial notice. See Brown v.

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Valoff, 422 F.3d 926, 933 n.9 (9th Cir. 2005) (judicially noticing an administrative bulletin);

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Mack v. S. Bay Beer Distribs., Inc., 798 F.2d 1279, 1282 (9th Cir. 1986) (court may take judicial

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notice of records and reports of state administrative bodies), overruled on other grounds by

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Astoria Fed. Sav. & Loan Ass’n v. Solimino, 501 U.S. 104, 111 (1991); Interstate Nat. Gas. Co. v.

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S. Cal. Gas. Co., 209 F.2d 380, 385 (9th Cir. 1953) (judicially noticing government agency

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records and reports); Cnty. of Santa Clara v. Trump, 250 F. Supp. 3d 497, 520 nn.5, 8, 11 (N.D.

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Cal. 2017) (taking judicial notice of government memoranda and letters).

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These exhibits are also judicially noticeable because they are posted on official government

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websites. See Daniels–Hall v. Nat’l Educ. Ass’n, 629 F.3d 992, 998–99 (9th Cir. 2010)

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(judicially noticing information contained on a government website); Paralyzed Veterans of

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America v. McPherson, No. C 06–4670 SBA, 2008 WL 4183981, at *5 (N.D. Cal. Sept. 9, 2008)

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(finding that courts commonly take judicial notice of information and documents on government

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websites, citing cases from various jurisdictions). Thus, the statements of government

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departments and agencies contained within this exhibit are not subject to reasonable dispute, as

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the statements “can be accurately and readily determined from sources whose accuracy cannot

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reasonably be questioned.” Fed. R. Evid. § 201(b)(2).

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Req. for Judicial Notice in Supp. of Mot. for Prelim. Inj. re El Centro Border Wall Project (4:19-cv-00872-HSG)

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Dated: May 29, 2019

Respectfully Submitted,

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XAVIER BECERRA
Attorney General of California
ROBERT W. BYRNE
SALLY MAGNANI
MICHAEL L. NEWMAN
Senior Assistant Attorneys General
MICHAEL P. CAYABAN
CHRISTINE CHUANG
EDWARD H. OCHOA
Supervising Deputy Attorneys General
HEATHER C. LESLIE
JANELLE M. SMITH
JAMES F. ZAHRADKA II

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/s/ Lee I. Sherman
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LEE I. SHERMAN
Deputy Attorneys General
Attorneys for Plaintiff State of California

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Req. for Judicial Notice in Supp. of Mot. for Prelim. Inj. re El Centro Border Wall Project (4:19-cv-00872-HSG)

Exhibit 1

Official website of the Department of Homeland Security

(https://instagram.com/customsborder/)
(https://twitter.com/cbp)

(https://www.flickr.com/photos/cbpphotos/)

(https://www.linkedin.com/company/2997?trk=tyah)

U.S. Customs and
Border Protection
(/)
(/)

El Centro Sector California
Welcome to the El Centro Sector of the United States Border Patrol.
El Centro Sector is located in Southern California in the Imperial Valley. El Centro's area of
operation has diverse terrain - principally desert with some mountain ranges and wide areas of
agricultural lands. The desert poses a danger for agents and potential border crossers as the
summer heat can exceed 120 degrees. El Centro Sector has four Border Patrol stations. They
are located in the cities of El Centro, Calexico, Indio, and Riverside. The El Centro Sector is
responsible for 70 miles of international border.
In direct support of the Border Patrol's National Strategy, El Centro Sector works to protect the
external boundaries of the United States to prevent, detect, apprehend, and interdict
terrorists, illegal aliens, smugglers, contraband, and violators of other laws. This mission is
being accomplished utilizing a deterrence-based enforcement strategy that employs a
sophisticated blend of tactics, technology, and a highly visible deployment of agents. While
new technologies and traditions are being created, the fundamental values of the Border
Patrol still ring true, "Honor First."
This site provides Sector-related information, including Sector operations, Sector contact
information, where our stations are located, and news.
Thank you for visiting the El Centro Sector webpage.

Overview

General Information

Challenge Coin

Exhibit

ARMY
Southwest Valley Constructors, Albuquerque, New Mexico, was awarded a
$646,000,000 firm-fixed-price contract for design and build of Tucson Sector barrier
wall replacement project. Four bids were solicited with four bids received. Work will
be performed in Tucson, Arizona, with an estimated completion date of Jan. 31, 2020.
Fiscal 2019 operations and maintenance, Army funds in the amount of $646,000,000
were obligated at the time of the award. U.S. Army Corps of Engineers, Albuquerque,
New Mexico, is the contracting activity (W912PL-19-C-0015).
BFBC LLC, Bozeman, Montana, was awarded a $141,750,000 firm-fixed-price
ded
contract for design and build of El Centro Project 1 and Yuma Project 1 vehicle and
E
pedestrian barrier replacement. N
replacemen Nine bids were solicited with four bids received.
Work will be performed in El Centro, California; and Yuma, Arizona, with an
estimated completion date of Jan. 31, 2020. Fiscal 2019 operations and maintenance,
maintenance
Army funds in the amount of $141,750,000 were obligated at the time of the award.
U.S. Army Corps of Engineers, Albuquerque, New Mexico, is the contracting activity
(W912PL-19-C-0014).
Mitchco International Inc.,* Louisville, Kentucky, was awarded a $94,250,932 firmfixed-price contract for full food services and dining facility attendants at Fort Sill,
Oklahoma. Bids were solicited via the internet with seven received. Work locations
and funding will be determined with each order, with an estimated completion date of
May 14, 2024. U.S. Army Mission and Installation Contracting Command, Fort Sam
Houston, Texas, is the contracting activity (W9124J-19-D-0012).
General Dynamics Ordnance and Tactical Systems, St. Petersburg, Florida, was
awarded a $92,400,000 modification (P00003) to Foreign Military Sales (Iraq)
contract W15QKN-18-D0020 for 120mm munition high explosive with tracer tank
ammunition cartridges. Work locations and funding will be determined with each
order, with an estimated completion date of Oct. 16, 2022. U.S. Army Contracting
Command, New Jersey, is the contracting activity.
Trend Construction Inc.,* Orlando, Florida, was awarded a $45,000,000 firm-fixedprice contract for general construction. Bids were solicited via the internet with 20
received. Work locations and funding will be determined with each order, with an
estimated completion date of May 14, 2024. U.S. Army Corps of Engineers, Savannah,
Georgia, is the contracting activity (W912HN-19-D-4000).
Jacobs Government Services Co., Arlington, Virginia, was awarded a $15,394,247
firm-fixed-price contract for architect and engineering services. Bids were solicited
via the internet with six received. Work will be performed in Arlington, Virginia, with
an estimated completion date of June 14, 2026. Fiscal 2019 military construction;
and other funds in the amount of $15,394,247 were obligated at the time of the
award. U.S. Army Corps of Engineers, Pyeongtaek, Republic of Korea, is the
contracting activity (W912UM-19-C-0006).
Dubuque Barge & Fleeting Service Co., doing business as Newt Marine,* Dubuque,

Exhibit

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,......,.

M ATTHEW RODRIQUEZ
SECRETAl'IY l"OR

ENVIROHM,HTAL PROTliCTION

Colorado River Basin Regional Water Quality Control Board

October 2, 2013

Mr. Paul Enriquez
U.S. Customs and Border Protection
24000 Avila Road, Suite 5020
Laguna Niguel, CA 92677
RE:

ORDER FOR TECHNICALLY-CONDITIONED CLEAN WATER ACT SECTION
401 WATER QUALITY CERTIFICATION FOR DISCHARGE OF DREDGED
AND/OR FILL MATERIALS

PROJECT:

U.S. Customs and Border Protection (CBP) Project - West Desert AllWeather Road, Phase B, El Centro - Imperial County, WDID No.
7A333133001

APPLICANT: U.S. Customs and Border Protection

1.

D

Order for Standard Certification

2.

~

Order for Technically-Conditioned Certification

3.

ACTION:

D

Order for Denial of Certification

STANDARD CONDITIONS:

The following standard conditions apply to all certification actions, except as noted
above under Action 3 for denials.
1. This certification action is subject to modification or revocation upon
administrative or judicial review, including review and amendment pursuant to
section 13330 of the California Water Code and section 3867 of Title 23 of the
California Code of Regulations (23 CCR) .
2. This certification action is not intended and shall not be construed to apply to any
discharge from any activity involving a hydroelectric facility requiring a Federal
Energy Regulatory Commission (FERC) license or an amendment to a FERC
license unless the pertinent certification application was filed pursuant to 23 CCR
ELLEN WAY, CHA i A I R OBERT PERDUC, EXECUTIVE OFFICER

73- 720 Fred Waring Drive, Suite 100, Palm Desert, CA 92260 I www.waterboards.ca.gov/cotoradorlver

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ftl!CYC Lf O PAPl!R

U.S. Customs and Border Protection

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October 2, 2013

West Desert Phase B Project
WDID No. 7A333133001

section 3855(b) and the application specifically identified that a FERG license or
amendment to a FERG license for a hydroelectric facility was being sought.
3. The validity of any non-denial certification action (Actions 1 and 2) shall be
conditioned upon total payment of the full fee required under 23 CCR
section 3833, unless otherwise stated in writing by the certifying agency.
4. In the event of any violation or threatened violation of the conditions of this
certification, the violation or threatened violation shall be subject to any remedies,
penalties, process, or sanctions as provided for under State law. For purposes of
Clean Water Act (CWA) section 401 (d), the applicability of any State law
authorizing remedies, penalties, process, or sanctions for the violation or
threatened violation constitutes a limitation necessary to assure compliance with
the water quality standards and other pertinent requirements incorporated into
this Water Quality Certification (WQC).
a. In response to a suspected violation of any condition of this WQC, the
Colorado River basin Regional Water Quality Control Board (Regional Water
Board) may require the holder of any permit or license subject to this
certification to furnish, under penalty of perjury, any technical or monitoring
reports the Regional Water Board deems appropriate, provided that the
burden, including cost of the reports, shall be in reasonable relationship to the
need for the reports and the benefits to be obtained from the reports.
b. In response to any violation of the conditions of this WQC, the Regional
Water Board may add to or modify the conditions of this certification as
appropriate to ensure compliance.
ADDITIONAL CONDITIONS:

The following additional conditions apply to this certification:
1. This WQC applies towards the proposed project (Project) as described in the 401
application received by the Regional Water Board on May 17, 2013. The updated
information was provided on September 27, 2013.
2. The Applicant shall provide the Regional Water Board and other interested agencies
with written notification of any significant modifications made to the Project prior to
implementation of the modifications.
3. This WQC does not convey any property rights of any sort or any exclusive privileges,
nor does it authorize any injury to private property or any invasion of personal rights,
nor any infringement of federal, state, or local laws or regulations.

U.S. Customs and Border Protection

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October 2, 2013

West Desert Phase B Project
WDID No. 7A333133001

4. This WQC does not authorize the Applicant or any associated party to trespass on
any land or property unless the applicant has obtained written authorization or
acquired a special use authorization permit from the land or property owner.
5. A copy of this WQC shall be provided to the appropriate onsite Supervisor for the
Project. All personnel performing work on the proposed Project shall be familiar with
the content of this WQC. Copies of the WQC shall be readily available at the Project
site at all times during periods of active work and shall be presented to regulatory
agency representatives upon request.
6. The Applicant shall grant Regional Water Board staff, or an authorized
representative, upon presentation of credentials and other documents as may be
required by law, to enter the Project site at reasonable times, to ensure compliance
with the terms and conditions of this WQC and/or to determine the impacts the
Project may have on waters of the United States.
7. The proposed Project shall not be enlarged or extend beyond the proposed Project
impact area. The Applicant shall delineate the Project boundaries and staging areas
with stakes, flags and/or temporary construction fencing.
8. The area of vegetation and soil disturbance shall be restricted to the smallest extent
possible.
9. The Project shall not discharge substances in concentrations toxic to human, plant,
animal, or aquatic life or that produce detrimental physiological responses.
10. The Project shall not discharge waste classified as "hazardous" as defined in Title
23 California Code of Regulations (CCR) section 2521, California Health and Safety
Code section 25140, and Title 22, CCR, section 66260.10 et seq.
11 . No oil, petroleum products, or rubbish shall be allowed to enter into or be placed
where it may be washed by rainfall or runoff into waters of the United States.
12. No equipment maintenance will be done within or near any stream channel where
petroleum products or other pollutants from the equipment may enter waters of the
United States.
13. Equipment refueling shall not occur within waters of the United States.
14. Any oil or grease leaks shall be immediately cleaned up.

U.S. Customs and Border Protection
West Desert Phase B Project
WDID No. 7A333133001

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October 2, 2013

15. The Applicant shall ensure that all contaminated material and/or contaminated soil
removed or excavated from the Project site is properly loaded, transported, and
disposed of in accordance with Federal, State, and local regulations.
16. Staging/storage areas for equipment and materials shall be located outside of
waters of the United States.
17. The Applicant shall ensure that all disturbed and filled areas are adequately
stabilized and protected from erosion and siltation by implementing appropriate soil
stabilization, sedimentation and silt control measures.
18. Any flow diversion used during construction shall be designed in a manner to
prevent pollution, minimize siltation, and shall provide flows to downstream reaches.
Flows shall be maintained to support existing aquatic life and riparian wetlands and
habitat that may be located upstream and downstream from any temporary
diversion.
19. The Applicant shall restore drainages, to the greatest extent possible, to the original
bank configuration, stream bottom width, and channel gradient.
20. All temporary facilities and impacts shall be removed and restored to the preexisting
conditions and contours to the extent practicable.
21. Construction related materials and wastes shall be removed from the Project site
upon completion of the Project.
22. The Applicant shall submit Notice to the Regional Water Board within 60-days of
completion of the Project. The Notice shall include: 1) a detailed summary of the
mitigation and restoration activities implemented during the Project and 2) provide
photographic documentation that supports the information summarized in the Notice.
23. The Regional Water Board reserves the right to suspend, cancel, or modify and
reissue this WQC, after providing notice to the Applicant and/or responsible SiteSupervisor, if the Regional Water Board determines that the Project fails to comply
with any of the terms or conditions of this WQC.
24. The Applicant shall orally notify the Regional Water Board of any noncompliance
that may impact the beneficial uses of waters of the United States, as soon as
notification is possible and notification can be provided without substantially
impeding measures necessary to address the noncompliance.

U.S. Customs and Border Protection

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October 2, 2013

West Desert Phase B Project
WDID No. 7A333133001

REGIONAL WATER QUALITY CONTROL BOARD CONTACT PERSON:

If you have any questions, please contact Jay Mirpour, Water Resources Control
Engineer, at [phone] or [e-mail].
WATER QUALITY CERTIFICATION:

I hereby issue an order certifying that any discharge from the referenced Project will
comply with the applicable provisions of sections 301 (Effluent Limitations), 302 (Water
Quality Related Effluent Limitations), 303 (Water Quality Standards and Implementation
Plans), 306 (National Standards of Performance), and 307 (Toxic and Pretreatment
Effluent Standards) of the Clean Water Act, and with other applicable requirements of
State law.
Except insofar as may be modified by any preceding conditions, all certification actions
are contingent on (a) the discharge being limited and all proposed mitigation being
completed in strict compliance with the applicants' Project description and the attached
Project Information Sheet, and (b) compliance with all applicable requirements of the

~ ~ ~ u a l i t y Control Plan (Basin Plan).

ROBERT ERDUE, Executive Officer
Colorado River Basin Regional Water Quality Control Board
JJM/

Enclosure: Project Information

cc:

Lanika Cervantes, USACE Los Angeles District
Bill Orme, SWRCB, Division of Water Quality, Water Quality Certification Unit
Elizabeth Goldmann, U.S. Environmental Protection Agency, Region 9
Thomas A. Vandenberg, Office of Chief Counsel, SWRCB

File: U.S. Customs and Border Protection (CBP) Project - West Desert All-Weather
Road, Phase B, El Centro - Imperial County, WDID No. 7A333133001

U.S. Customs and Border Protection
West Desert Phase B Project
WDID No. 7A333133001

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October 2, 2013

PROJECT INFORMATION
Application Date:

Application was received by the Regional Water Board on
May 17, 2013. The updated information was provided to our
office on September 27, 2013.

Applicant:

U.S. Customs and Border Protection
Contact: Paul Enriquez, [phone]

Applicant
Representative:

CBP
Contact: John Petrilla, [phone]

Project Name:

U.S. Customs and Border Protection (CBP) Project - West
Desert All-Weather Road, Phase B El Centro - Imperial
Coun , WDID No. 7A333133001

Start and Completion:

The Project is scheduled to begin on October 1, 2013 and to
be completed in February 2014.

Project Description:

The purpose of the Project is to increase border security
within the United States Border Patrol (USBP) - El Centro
Sector with an ultimate objective of reducing illegal crossborder activity by providing safer and more efficient access
for USBP agents along the U.S./Mexico border in the west
desert area of the USBP - El Centro Station's area of
responsibility. The primary need for the Project is because
of the remoteness of the west desert area and the
impassability of the existing road , which creates long drive
times for agents to reach patrol areas and limits their ability
to assist with interdictions and apprehensions. An additional
need for the Project is to provide agents with the
infrastructure necessary to carry out USBP's mission .
The Project includes the improvement and construction,
operation, and maintenance of approximately 1.6 miles of allweather roads. The Project involves the improvement of an
existing border road and construction of a new access road to
the top of BP Hill, where CBP operates a Remote Video
Surveillance System (RVSS) tower. The border road would
be improved to an all-weather surface road (1.4 miles long)
approximately 20 feet wide with 2-foot shoulders and would

U.S. Customs and Border Protection
West Desert Phase B Project
WDID No. 7A333133001

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October 2, 2013

include any necessary drainage structures (i.e., culverts and
low-water crossings).
In addition to the 1.4 miles of road improvement, a new
access road (approximately 0.2 mile) leading to the BP Hill
RVSS tower from the improved border road would be
constructed. This road would be a 16-foot-wide road with
necessary drainage structures an include all-weather
surfacing. The total permanent footprint for the new access
road to BP Hill would be 30 feet wide by 0.2 mile long. The
temporary footprint would be 90 feet wide by 0.2 mile long.
Upon completion of the improvements and construction
activities, all temporarily disturbed areas would be
rehabilitated per BLM guidelines.
Project Location:

City or Area: El Centro, County: Imperial
Longitude/Latitude: Begins at N32° 38.89518, W115°
43.52994, Ends at N 32° 38.96544, W 115° 42.1974.
Township/Range: Section 26, Township 17 South, Range 12
East, San Bernardino Meridian.

Receiving Water(s):

Pinto Wash is located north of the project area in the Salton
Sea Watershed west of the Westside Main Canal and
between the U.S./Mexico border and California State Route
98. Water may flow through this ephemeral wash into the
Westside Main Canal, which eventually delivers water into
the Salton Sea, or into delivery canals and through
agricultural fields into drains and then into washes that flow
to the New River and eventually into the Salton Sea.

Project Impacts:

The Project would not result in a permanent impact to any
perennial or intermittent streams, as none are present within
the project corridor. At total of six juri,sdictional ephemeral
Waters of the U.S. were identified during field surveys within
the project corridor. The six ephemeral washes that are
Waters of the U.S. would be traversed using concrete lowwater crossings, reinforced concrete pipes, or box culverts.
The expected total impact on those Waters of the U.S. is less
than 0.35 acre. Tables below show the approximate
permanent and temporary impacts in acres and linear feet to
each Waters of the U.S.

U.S. Customs and Border Protection

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October 2, 2013

West Desert Phase 8 Project
WDID No. 7A333133001

Linear Feet of Impacts on Waters of the U.S.

Waters
Waters
Waters
Waters
Waters
Waters

of the
of the
of the
of the
of the
of the

Total

Permanent
(Feet)
79.48
99.45
93.91
47.45
72.42
49.19

Total (Feet)

719.13

U.S. 1
U.S. 2
U.S. 3
U.S. 4
U.S. 5
U.S. 6

Temporary
(Feet)
174.88
140.28
49.38
89.00
158.69
106.90

441.90

1,161.02

254.36
239.73
143.28
136.45
231 .11
156.09

Acreage of Impacts on Waters of the U.S.

Waters of the
Waters of the
Waters of the
Waters of the
Waters of the
Waters of the

U.S. 1
U.S. 2
U.S. 3
U.S. 4
U.S. 5
U.S. 6

Total

Temporary
(Acre)
0.029
0.037
0.024
0.009
0.068
0.002

Permanent
(Acre)
0.014
0.034
0.072
0.005
0.031
0.001

Total (Acre)

0.169

0.156

0.326

0.043
0.071
0.095
0.014
0.099
0.003

The Project would not impact any surface water resource
sites (i.e., lakes or permanent water sources) with the
installation of the proposed roadway. Proper maintenance of
construction equipment and the use of Best Management ·
Practices (BMPs) during construction activities would
minimize the possibility of accidental spills of petroleum, oil,
and lubricants (POL) that, if they occurred , could affect
surface water and groundwater quality. Operation and
maintenance of the proposed roadways would have no effect
on the region's surface water or groundwater supplies and/or
quality.
Best Management
Practices:

US Customs and Border Protection will implement the BMPs
described in the Environmental Assessment Report.

U.S. Customs and Border Protection
West Desert Phase B Project
WDID No. 7A333133001

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October 2, 2013

BMPs such as the installation of straw bales and silt fences,
will be employed to reduce or eliminate sedimentation or
erosion as a result of the construction activities.
Construction would not occur during the rainy season to
avoid erosion and sedimentation issues.
CSP will avoid contaminating natural aquatic systems with
runoff by limiting all equipment maintenance, staging,
laydown, and dispensing of fuel, oil, etc., to designated
upland areas.
No refueling or storage will take place within 100 feet of
drainages.
Additionally, a Storm Water Pollution Prevention Plan and
Spill Prevention Control and Countermeasure Plan will be
developed and maintained to ensure that all are aware of its
implementation requirements in the event of a spill.
All temporarily disturbed areas will be rehabilitated to its
original condition.
Additionally, native organic material would be collected and
stockpiled during construction to be used for erosion control
after construction while the areas naturally rehabilitate.
Placement of riprap would reduce stream velocities and
protect the drainage structure and downstream reaches from
erosional forces.
Federal Permit(s):

This Project was determined to fall under the U.S. Army
Corps of Engineers' Nationwide Permit Number 14 (Linear
Transportation Projects).

Status of CEQA:

The Regional Water Board determined that the proposed
project is categorically exempt from CEQA pursuant to
CEQA Guidelines§ 15301 (Cal. Code Regs., tit. 14, §
15301) (Existing Facilities) "Existing highways and streets,
sidewalks, gutters, bicycle and pedestrian trails, and similar
facilities (this includes road grading for the purpose of public
safety)."

U.S. Customs and Border Protection
West Desert Phase B Project
WDID No. 7A333133001

- 10 -

October 2, 2013

In addition to this exemption, the Regional Water Board
determined that the project is also categorically exempt from
CEQA pursuant to CEQA Guidelines § 15302 (Replacement
or Reconstruction) (Cal. Code Regs., tit. 14, § 15302). This
exemption applies to the replacement or reconstruction of
existing structures and facilities where the new structure will
be located on the same site as the structure replaced and
will have substantially the same purpose and capacity as the
structure replaced.
In accordance with CEQA Guidelines Section 15062, the
Regional Water Board shall file a Notice of Exemption with
the Office of Planning and Research upon approval of the
Clean Water Act Section 401 Water Quality Certification.

File:

U.S. Customs and Border Protection (CBP) Project - West Desert All-Weather
Road, Phase B, El Centro - Imperial County, WDID No. 7A333133001

Exhibit

Imperial County Air Pollution Control District
RULE 801

A.

Rule 801

CONSTRUCTION AND EARTHMOVING ACTIVITIES
(Adopted 11/08/2005)

Purpose
The purpose of this rule is to reduce the amount of fine Particulate Matter
p p
(PM-10) entrained in the ambient air as a result of emissions g
(
)
generated from
Construction and other Earthmoving Activities by requiring actions to prevent,
g
reduce, or mitigate PM-10 emissions.

B.

Applicability
This rule applies to any Construction and other Earthmoving Activities, including,
pp
y
g
g
but not limited to, land clearing, excavation related to construction, land leveling,
g
g
grading, cut and fill g
g
g
grading, erection or demolition of any structure, cutting and
g
y
g
filling, trenching, loading or unloading of bulk materials, demolishing, drilling,
g
g
g
g
g
g
adding to or removing bulk of materials from open storage piles, weed abatement
g
g
p
g p
through disking, back filling, travel on-site and travel on access roads to and from
g
the site.

C.

Definitions
The definitions of terms found in Rule 800 (General Requirements for Control of
Fine Particulate Matter (PM-10) shall apply to this rule.

D.

Exemptions
In addition to the exemptions listed in Rule 800, Section E, the following
exemptions are established for this rule:
D.1

Construction or demolition at existing single family residential dwellings.

D.2

The 20% opacity limit of Sections E.1.a and E.2.b shall not apply when
Wind Gusts exceed 25 miles per hour, provided that at least one of the
following control measures is implemented for each applicable Fugitive
Dust source type:
D.2.a Cease dust generating activities for a period of one hour after Wind
Gusts last exceed the threshold. If operations cease for the
remainder of the day, stabilization measures must be implemented.
D.2.b Apply water or dust Suppressants once per hour.
D.2.c Apply water to maintain 12% soil moisture content.
D.2.d Construct fences 3-5 feet high with 50% or less porosity, and must

801-1

Imperial County Air Pollution Control District

Rule 801

be done in conjunction with another measure, as above.
E.

Requirements
E.1

Construction sites and Earthmoving Activities:
E.1.a All Persons who own or operate a Construction site shall comply
with the requirements of Section F.1 so as to limit VDE to 20%
opacity and comply with the conditions for a Stabilized Surface
when applicable.
E.1.b All Persons who perform any Earthmoving Activities shall comply
with the requirements of Section F.1 so as to limit VDE to 20%
opacity.
E.1.c All Persons who own or operate a Construction site of 10 acres or
p
more in size for residential developments or 5 acres or more for
p
non-residential developments shall develop a dust control plan. The
dust control plan shall be made available to the APCD upon
request. The dust control plan shall comply with the requirements
of Section F.
E.1.d The owner or operator required to develop a dust control plan shall
provide written notification to the APCD within 10 days prior to the
commencement of any Construction activities via fax or mail. The
requirement to develop a dust control plan shall apply to all such
activities conducted for residential and non-residential (e.g.,
commercial, industrial, or institutional) purposes or conducted by
any governmental entity. Regardless of whether a dust control plan
is in place or not the owner or operator is still subject to comply with
all requirements of the applicable rules under Regulation VIII at all
times.

F.

Best Available Control Measures for Fugitive Dust (PM-10)
F.1

Construction and Earthmoving Activities shall comply with the following
requirements:
F.1.a Pre-Activity:
F.1.a.1

Pre-water site sufficient to limit VDE to 20% opacity, and

F.1.a.2

Phase work to minimize the amount of disturbed surface
area at any one time.

F.1.b During Active Operations:

801-2

Imperial County Air Pollution Control District

Rule 801

F.1.b.1

Apply water or Chemical Stabilization as directed by
product manufacturer to limit VDE to 20% opacity, or

F.1.b.2

Construct and maintain wind barriers sufficient to limit
VDE to 20% opacity. If utilizing wind barriers, control
measure F.1.b.1 above shall be implemented.

F.1.b.3

Apply water or Chemical Stabilization as directed by
product manufacturer to unpaved haul/access roads and
Unpaved Traffic Areas sufficient to limit VDE to 20%
opacity and meet the conditions of a Stabilized Unpaved
Road.

F.1.c Temporary Stabilization During Periods of Inactivity:
F.1.c.1

Restrict vehicular access to the area by fencing or
signage; and

F.1.c.2

Apply water or Chemical Stabilization, as directed by
product manufacturer, sufficient to comply with the
conditions of a Stabilized Surface. If an area having 0.5
acres or more of disturbed surface area remains unused
for seven or more days, the area must comply with the
conditions for a Stabilized Surface area.

F.1.d Track Out/Carry Out of Bulk Materials at the site shall be mitigated
in compliance with Rule 803.
F.1.e Unpaved Roads and Unpaved Traffic Areas at the site shall comply
with Rule 805.
F.1.f

Bulk Material handling operations at the site shall comply with Rule
802.

F.1.g Material transport of Bulk Material to, from, or around the site shall
comply with Rule 802.
F.1.h Haul trucks transporting Bulk Material to, from, or around the site
shall comply with Rule 802.

F.2

Dust Control Plan:
F.2.a Retain a copy of the dust control plan at the project site.

801-3

Imperial County Air Pollution Control District

Rule 801

F.2.b Comply with the requirements of the approved dust control plan.
F.2.c A dust control plan shall contain all of the following information:
1.

2.

A plot plan which shows the type and location of each
project.

3.

The total area of land surface to be disturbed, estimated
daily throughput volume of earthmoving in cubic yards, and
total area in acres of the entire project site.

4.

The expected start and completion dates of dust generating
and soil disturbance activities to be performed on the site.

5.

The actual and potential sources of Fugitive Dust emissions
on the site and the location of Bulk Material handling and
storage areas, Paved and Unpaved Roads, entrances and
exits where Track Out/Carry Out may occur, and Unpaved
Traffic Areas.

6.

Dust Suppressants to be applied, including: product
specifications; manufacturer's usage instructions (method,
frequency, and intensity of application); type, number, and
capacity of application equipment; and information on
environmental impacts and approvals or certifications related
to appropriate and safe use for ground application.

7.

Specific surface treatment(s) and/or control measures
utilized to control Track Out/Carry Out, and sedimentation
where unpaved and/or access points join paved public
access roads.

8.

G.

Name, address, and phone number of the Person
responsible
for
the
preparation,
submittal,
and
implementation of the dust control plan and responsible for
the project site.

The dust control plan should describe all Fugitive Dust
control measures to be implemented before, during, and
after any dust generating activity.

Record of Control Implementation
Any Person subject to the requirements of this rule shall compile and retain
records that provide evidence of control measure application (i.e., receipts and/or
purchase records). Such Person shall describe, in the records, the type of

801-4

Imperial County Air Pollution Control District

Rule 801

treatment or control measure, extent of coverage, and date applied. For control
measures which require multiple daily applications, recording the frequency of
application will fulfill the recordkeeping requirements of this rule (i.e., water being
applied three times a day and the date) Records shall be maintained and be
readily accessible for two years after the date of each entry and shall be provided
to the APCD upon request.
H.

Violations
Failure to comply with any provisions of this rule shall constitute a violation of
Regulation VIII.

801-5

Exhibit

THE WHITE HOUSE
WASHINGTON

September 28, 2018

Dear Mr. Speaker:
In accordance with section 9023 of division A and section 113(b)
of division C of the Department of Defense and Labor, Health and
Human Services, and Education Appropriations Act, 2019 and
Continuing Appropriations Act, 2019 (H.R. 6157; the "Act 11 ) ,
I hereby designate for Overseas Contingency Operations/Global
War on Terrorism all amounts (including rescissions) and
contributions from foreign governments so designated by the
Congress in the Act pursuant to section 25l(b) (2) (A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
outlined in the enclosed list of accounts.
The details of this action are set forth in the enclosed
memorandum from the Director of the Office of Management
and Budget.
Sincerely,

The Honorable Paul D. Ryan
Speaker of the
House of Representatives
Washington, D.C.
20515

EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C.

20503

September 27, 2018

THE D IRECTOR

MEMORANDUM FOR THE PRESIDE
FROM:

Mick Mulvaney
Director

SUBJECT:

Designation of Funding for Overseas Contingency Operations/Global Wai
on Terrorism

Section 9023 of division A of the Department'ofDefense and Labor, Health and Human
Services, and Education Appropriations Act, 2019 and Continuing Appropriations Act, 2019
(H.R. 6157; the "Act") provides that the availability of amounts .appropriated in such division of
the-Act that is designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251 (b)(2)(A) ofthe Balanced Budget and Emergency Deficit
Control Act of 1985 ("BBEDCA") is contingent upon the President subsequently so designating- ··
all such amounts and transmitting suc,h designations to the Congress. In addition, section 113(b)
of division C of the Act provides that the availability of funds appropriated in such division of
the Act that is designated by the Congress for Oyerseas Contingency Operations/Global War on
Terrorism pursuant to section 251 (b)(2)(A) of BBEDCA is contingent upon the President
subsequently so designating all such amounts and transmitting such designations to the
Congress.
11:ie amounts
roJ>.riatoo l:iy llie Act for Overseas Con!mgenc Oi;,eratioiis/Glooal War:
on Terrorism. cover llie military and civilian costs necessary to acliieve U.S. national security;
goals in Afghanistan the broader Middle
and other desi~ted conflict zones and to ada.ress
other emergent crises I recommend that you designate for Overseas Contingency
Operations/Global War on Terrorism all amounts (including rescissions) and contributions from
foreign governments so designated by the Congress in section 9023 of division A and section
113(a) of division C of the Act pursuant to section 25I(Q)(2)(A) ofBBEDCA, as outlined in the
en9losed list of accounts. Upon transmittal of these designations to the Congress, these funds
will be available for obligation and expenditure on October 1, unless otherwise restricted in the
Act. No further congressional action will be required.

--

The designation of these funds for Overseas Contingency·operations/Global War on
Terrorism allows for adjustments to the discretionary spending limits in fiscal year (FY) 2019, as
specified in section 251(b)(2)(A) ofBBEDCA. These.adjustments will be reflected when the
Office of Management and Budget submits its final sequestration report for FY 2019 in
accordance with section 254(f) ofBBEDCA.

I have reviewed this proposed action and am satisfied it is necessary at this time.
Therefore, I recommend that you make the requested funds available by signing the enclosed
letters to the Speaker of the House of Representatives and the President of the Senate.

Enclosures

2

Accounts in the Department of Defense and Labor, Health and Buman Services, and
Education Appropriations Act, 2019 and Continuing Appropriations Act, 2019 (the "Act"),
with Funding Designated by the President for Overseas Contingency Operations/Global
War on Terrorism
Division A - Department of Defense Appropriations Act, 2019
Department of Defense
Military Personnel:
• Military Personnel, Army
• Military Personnel, Navy
• Military Personnel, Marine Corps
• Military Personnel, Air Force
• Reserve Personnel, Army

•
•

Reserve Personnel, Navy
Reserve Personnel, Marine Corps
• Reserve Personnel, Air Force
• National Guard Personnel, Army
• National Guard Personnel, Air Force
Operation and Maintenance:
• Operation and Maintenance, Army
• Operation and Maintenance, Navy
• Operation and Maintenance, Marine Corps
• Operation and Maintenance, Air Force
• Operatio~ and Maintenance, Defense-Wide
• Operation and Maintenance, Army Reserve
• Operation and Maintenance, Navy Reserve
• Operation and Maintenance, Marine Corps Reserve
• Operation and Maintenance, Air Force Reserve
• Operation and Maintenance, Army National Guard
• Operation and Maintenance, Air National Guard
• Afghanistan Security Forces Fund (including contributions)
• Counter-ISIS Train and Equip Fund (including contributions)
Procurement:
• Aircraft Procurement, Army
• Missile Procurement, Army
• Procurement of Weapons and Tracked Combat Vehicles, Army
• Procurement of Ammunition, Army
• Other Procurement, Army
• Aircraft Procurement, Navy
• Weapons Procurement, Navy
• Procurement of Ammunition, Navy and Marine Corps
1

•
•
•
•
•
•
•

Other Procurement, Navy
Procurement, Marine Corps
Aircraft Procurement, Air Force
Missile Procurement, Air Force
Procurement of Ammunition, Air Force
Other Procurement, Air Force
Procurement, Defense-Wide

Research, Development Test and Evaluation:
• Research, Development, Test and Evaluation, Army
• Research, Development, Test and Evaluation, Navy
• Research, Development, Test and Evaluation, Air Force
• Research, Development, Test and Evaluation, Defense-Wide
Revolving and Management Funds:
• Defense Working Capital Funds
Other Department of Defense Programs:
• Defense Health Program
• Drug Interdiction and Counter-Drug Activities, Defense
• Office of the Inspector General
General Provisions
Appropriation in section 9013 of title IX of division A:
• Ukraine Security Assistance Initiative
Appropriation in section 9018 oftitle IX of division A:
• Transfer to the operation and maintenance, military personnel, and procurement accounts
to improve intelligence, surveillance, and reconnaissance capabilities of the Department
ofDefense
Rescissions in section 9021 of title IX of division A:
• Procurement of Ammunition, Navy and Marine Corps, 2017/2019
• Operation and Maintenance, Defense-Wide: Coalition Support Fund, 2018/2019
• Operation and Maintenance, Defense-Wide: DSCA Security Cooperation, 2018/2019
• Counter-ISIS Train and Equip Fund, -2018/2019
• Aircraft Procurement, Air Force, 2018/2020
Division C - Continuing Appropriations Act, 2019
Department of Homeland Security
• Coast Guard, Operating Expenses
Department of State
Administration and Foreign Affairs:
2

•
•
•

Diplomatic and Consular Programs
Office of Inspector General
Embassy Security, Construction, and Maintenance

International Organizations:
• Contributions to International Organizations
• Contributions for International Peacekeeping Activities

United States Agency for International Development
Funds Appropriated to the President:
• Operating Expenses
• Office of Inspector General
Bilateral Economic Assistance
Funds Appropriated to the President:
• International Disaster Assistance
• Transition Initiatives
• Complex Crises Fund
• Economic Support Fund
Department of State:
• Migration and Refugee Assistance

International Security Assistance
Department of State:
• International Narcotics Control and Law Enforcement
• Nonproliferation, Anti-Terrorism, Demining and Related Programs
• Peacekeeping Operations
Funds Appropriated to the President:
• Foreign Military Financing Program

General Provisions
Section 7034(0)
• Use of prior-year OCO funds for purposes of loans or loan guarantees

3

THE WHITE HOUSE
WASHINGTON

September 28, 20l8

Dear Mr. President:
In accordance with section 9023 of division A and section ll3(b)
of division C of the Department of Defense and Labor, Health and
Human Services, and Education Appropriations Act, 20l9 and
Continuing Appropriations Act, 2019 (H.R. 6157; the "Act"),
I hereby designate for Overseas Contingency Operations/Global
War on Terrorism all amounts (including rescissions) and
contributions from foreign governments so designated by the
Congress in the Act pursuant to section 25l(b) (2) (A) of the
Balanced Budget and Emergency Deficit Control Act of l985, as
outlined in the enclosed list of accounts.
The details of this action are set forth in the enclosed
memorandum from the Director of the Office of Management
and Budget.
Sincerely,

The Honorable Michael R. Pence
President of the Senate
Washington, D.C.
20510

EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON , D.C.

20503

September 27, 2018

THE DJRECTOR

IvfEMORANDUM FOR THE.PRESIDEN
FROM:

Mick Mulvaney
Director

SUBJECT:

Designation of Funding for Over~eas Contingency Operations/Global War
on Terrorism

Section 9023 of division A of the Department of Defense and Labor, Health and Human
Services, and Education Appropriations Act, 2019 and Continuing Appropriations Act, 2019
(H.R. 6157; the "Act") provides that the availability of amounts appropriated in such division of
the Act that is designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, ("BBEDCA») is contingent upon the President subsequently so designating· ·
all such amounts and transmitting such designations to the Congress. In addition, section 113(b)
of division C of the Act provides that the availability of funds appropriated in such division of
the Act that is designated by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251 (b)(2)(A) .o f BBEDCA is contingent upon the President
subsequently so designating all such amounts and transmitting such designations to the
Congress.
The amounts appropriated by the Act for Overseas Contingency Operations/Global War
on Terrorism cover.the military and civilian costs necessary to achieve U.S. national security
goals in Afghanistan, the broader Middle East, and other designated conflict zones and to address
other emergent crises. I recommend that you designate for Overseas Contingency
Operations/Global War on Terrorism all amounts (including rescissions) and contributions from
foreign governments so designated by the Congress in section 9023 of .division A and section
113(a) of division C of the Act pursuant to section 251(b)(2)(A) ofBBEDCA, as outlined in the
en~losed list of accounts. Upon transmittal of these designations to the Congress, these funds
will be available for obligation and expenditure on October 1, unless otherwise restricted in the ,
Act. No further congressional action will be required.
The designation of these fimds for Overseas Contingency Operations/Global War on
Terrorism allows for adjustments to the discretionary spending limits in fiscal year (FY) 2019, as
specified in section 251 (b)(2)(A) of BBEDCA. These adjustments will be reflected when·the
Office of Management and Budget submits its final sequestration report for FY 2019 in
accordance with section 254(f) ofBBEDCA.

.

[

I
I

i
I

I

I have reviewed this proposed action and am satisfied it is necessary at this time.
Therefore, I recommend that you make the requested fimds available by signing the enclosed
letters to the Speaker of the House of Representatives and the President of the Senate.

Enclosures

2

Accounts in the Department of Defense and Labor, Health and Human Services, and
Education Appropriations Act, 2019 and Continuing Appropriations Act, 2019 (the "Act"),
with Funding Designated by the President for Overseas Contingency Operations/Global
War on Terrorism
Division A - Department of Defense Appropriations Act, 2019
Department of Defense
Military Personnel:
• Military Personnel, Army
• Military Personnel, Navy
• Military Personnel, Marine Corps
• Military Personnel, Air Force

•
•
•
•
•
•

Reserve Personnel, Army
Reserve Personnel, Navy
Reserve Personnel, Marine Corps
Reserve Personnel, Air Force
National Guard Personnel, Army
National Guard Personnel, Air Force

Operation and Maintenance:
• Operation and Maintenance, Army
• Operation and Mamtenance, Navy
• Operation and Maintenance, Marine Corps
• Operation and Maintenance, Air Force
• Operation and Maintenance, Defense-Wide
• Operation and Maintenance, Army Reserve
• Operation and Maintenance, Navy Reserve
• Operation and Maintenance, Marine Corps Reserve
• Operation and Maintenance, Air Force Reserve
• Operation and Maintenance, Army National Guard
• Operation and Maintenance, Air National Guard
• Afghanistan Security Forces Fund (including contributions)
• Counter-ISIS Train and Equip Fund (including contributions)
Procurement:
• Aircraft Procurement, Army
• Missile Procurement, Army
• Procurement of Weapons and Tracked Combat Vehicles, Army
• Procurement of Ammunition, Army
• Other Procurement, Army
• Aircraft Procurement, Navy
• Weapons Procurement, Navy
• Procurement of Ammunition, Navy and Marine Corps
1

•
•
•
•
•
•
•

Other Procurement, Navy
Procurement, Marine Corps
Aircraft Procurement, Air Force
Missile Procurement, Air Force
Procurement of Ammunition, Air Force
Other Procurement, Air Force
Procurement, Defense-Wide

Research, Development. Test and Evaluation:
• Research, Development, Test and Evaluation, Army
• Research, Development, Test and Evaluation, Navy
• Research, Development, Test and Evaluation, Air Force
• Research; Development, Test and Evaluation, Defense-Wide
Revolving and Management Funds:
• Defense Working Capital Funds
Other Department of Defense Programs:
• Defense Health Program
• Drug Interdiction and Counter-Drug Activities, Defense
• Office of the Inspector General

General Provisions
Appropriation in section 9013 of title IX of division A:
• Ukraine Security Assistance Initiative
Appropriation in section 9018 of title IX of division A:
• Transfer to the operation and maintenance, military personnel, and procurement accounts
to improve intelligence, surveillance, and reconnaissance capabilities of the Department
of Defense
Rescissions in section 9021 of title IX of division A:
• Procurement of Ammunition, Navy and Marine Corps, 2017/2019
• Operation and Maintenance, Defense-Wide: Coalition Support Fund, 2018/2019
• Operationand Maintenance, Defense-Wide: DSCA Security Cooperation, 2018/2019
• Counter-ISIS Train and Equip Fund, 2018/2019
• Aircraft Procurement, Air Force, 2018/2020

Division C - Continuing Appropriations Act, 2019
Department of Homeland Security
• Coast Guard, Operating Expenses
Department of State
Administration and Foreign Affairs:
2

•
•
•

Diplomatic and Consular Programs
Office of Inspector General
Embassy Security, Construction, and Maintenance

International Organizations:
• Contributions to International Organizations
• Contributions for International Peacekeeping Activities
United States Agency for International Development
Funds Appropriated to the President:
• Operating Expenses
• Office of Inspector General
Bilateral Economic Assistance
Funds Appropriated to the President:
• International Disaster Assistance
• Transition Initiatives
• Complex Crises Fund
• Economic Support Fund
Department of State:
• Migration and Refugee Assistance
International Security Assistance
Department of State:
• International Narcotics Control and Law Enforcement
• Nonproliferation, Anti-Terrorism, Demining and Related Programs
• Peacekeeping Operations
Funds Appropriated to the President:
• Foreign Military Financing Program
General Provisions
Section 7034(0)
• Use of prior-year OCO funds for purposes ofloans or loan guarantees

3