State of California et al v. Trump et al

Filing 173

NOTICE of Filing of Administrative Record For El Paso, Yuma, El Centro, and Tucson Border Barrier Projects by Department of Defense, David Bernhardt, Mark T. Esper, Steven T. Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America, Heather Wilson (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Warden, Andrew) (Filed on 6/7/2019) Modified on 6/10/2019 (cpS, COURT STAFF).

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SECRETARY OF DEFENSE
1000 DEFENSE PENTAGON
WASHINGTON , DC 20301-1000

APR - 9 2019
MEMORANDUM FOR ACTING SECRETARY OF HOMELAND SECURITY
SUBJECT: Modification of Department of Defense Support to Block Drug-Smuggling
Corridors
Thank you for your April 5, 2019 request that the Department of Defense provide
modified specifications on projects approved for construction under 10 U.S.C. § 284 in order to
support more effectively the Department of Homeland Security' s efforts to secure the southern
border.
10 U.S.C. § 284(b)(7) authorizes the Department of Defense to construct roads and
fences, and to install lighting, to block drug-smuggling corridors across international boundaries
of the United States in support of counter-narcotic activities of Federal law enforcement
agencies. For the following reasons, I have concluded that this modified request continues to
satisfy the statutory requirements:
•

The Department of Homeland Security (DHS)/Customs and Border Protection (CBP)
is a Federal law enforcement agency;

•

DHS has identified each project area as a drug-smuggling corridor; and

•

The work requested by DHS to block these identified drug-smuggling corridors
involves construction of fences (including a linear ground detection system),
construction of roads, and installation of lighting (supported by grid power and
including imbedded cameras).

Accordingly, I have approved construction of pedestrian fencing for Yuma Sector
Projects 1 and El Paso Sector Project 1 with 30-foot steel bollard with anti-climb plate, and
Yuma Sector Project 2, with 18-foot steel bollard with anti-climb plate, as requested in your
April 5, 2019 request. Road construction and improvements, and lighting installation, will be
included as described in your February 25, 2019 request.
As the proponent.of the requested action, CBP will serve as the lead agency for
environmental compliance and will be responsible for providing all necessary access to land. I
request that DHS place the highest priority on completing these actions for the projects identified
above. DHS will accept custody of the completed infrastructure, account for that infrastructure
in its real property records, and operate and maintain the completed infrastructure.
I have authorized the Commander, U.S. Army Corps of Engineers, to coordinate directly
with DHS/CBP and immediately begin planning and executing support to DHS/CBP by

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undertaking the projects identified above in clearly defined segments to maximize the number of
miles of barrier projects within the available funds (up to $1 billion).
Additional support may be provided in the future, subject to the availability of funds and
other factors.

(J:,Ll-b lU.

Patrick M. Shanahan
Acting

2

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SECRETARY OF DEFENSE
1000 DEFENSE PENTAGON
WASHINGTON , DC 20301-1000

APR - 9 2019
MEMORANDUM FOR SECRETARY OF THE ARMY
COMMANDER, U.S. ARMY CORPS OF ENGINEERS
SUBJECT: Modification of Department of Defense Support to Block Drug-Smuggling
Corridors
By memorandum dated March 25 , 2019, I advised you ofmy determination that the
requirements oftitle 10, U.S. Code, section 284 were satisfied and of my approval ofup to $1B
of support to the Department of Homeland Security (DHS) for Yuma Sector Projects 1 and 2 and
El Paso Sector Project 1, specifically by constructing 57 miles of new 18-foot pedestrian fencing,
constructing and improving roads, and installing lighting. In response to the April 5, 2019
request from DHS, I am modifying the specifications for the approved construction as follows :
the Yuma Sector Project 1 and the El Paso Sector Project 1 will be undertaken with 30-foot
bollard fencing and a 5-foot anti-climb plate, and Yuma Sector Project 2 will be undertaken with
18-foot bollard fencing and a 5-foot anti-climb plate. The construction and improvement of
roads and the installation of lighting is unchanged.
U.S. Army Corps of Engineers (USA CE) should use the design-build construction
contract methodology to maximize the number of miles of approved barrier projects undertaken
within the funds ($1 B) available. USA CE will perform technical assessments of the proposed
projects, develop project scopes and cost estimates for each project, determine and execute
contracting plans, and execute the work within the scopes and funds provided. All work must be
executed in clearly defined segments, and government commitments cannot exceed available
funding. Funding will be provided under section 284 authority from the Army Budget Office for
this purpose.
Unless specifically modified herein, all other requirements and limitations set out in-my
March 25, 2019 memorandum to the Secretary of the Army remain in effect.
My point of contact is Kenneth Rapuano, Assistant Secretary of Defense for Homeland
Defense and Global Security.

akGlU.

Patrick M. Shanahan
Acting

cc:
Chairman of the Joint Chiefs of Staff
Under Secretary of Defense (Comptroller)/Chief Financial Officer
Under Secretary of Defense Policy
General Counsel of the Department Of Defense
Assistant Secretary Of Defense Legislative Affairs
Assistant Secretary of Defense for Homeland Defense and Global Security
Assistant to the Secretary of Defense for Public Affairs

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