State of California et al v. Trump et al

Filing 206

NOTICE of Decision by the Department of Defense to Authorize Border Barrier Projects Pursuant to 10 U.S.C. § 2808 by Department of Defense, David Bernhardt, Mark T. Esper, Kevin K. McAleenan, Ryan D. McCarthy, Steven T. Mnuchin, 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)(Warden, Andrew) (Filed on 9/3/2019) Modified on 9/4/2019 (jjbS, COURT STAFF).

EXHIBIT 2

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

The Honorable James Inhofe
Chainnan
Committee on Armed Services
United States Senate
Washington, DC 20510
Dear Mr. Chairman:
On febrnary 15, 2019, the President issued a proclamation declaring that a national
emergency exists along the southern border of the United States that requires the use of the
anued forces. In order to provide additional authority to the Department of Defense as part of
the Federal Government's response to this national emergency. the President further made
available, in accordance with Section 301 of the National Emergencies Act (50 U.S.C. 1631),
the authority provided in Section 2808 of Title I 0, U.S. Code.
f

Based on analysis and advice from the Chairman of the Joint Chiefs of Staf and input
from the Commander, U.S. Anny Corps of Engineers, the Department of Homeland Security
(DHS), and the Department of the Interior and pursuant to the authority granted to me in
Section 2808, I have detem1ined that 11 military constn1ction projects along the international
border with Mexico, with an estimated total cost of $3.6 billion, are necessary to support the
use of the armed forces in connection with tbe national emergency. These projects will deter
illegal entry, increase the vanishing time of those illegally crossing the border, and channel
migrants to ports of entry. They will reduce the demand for DoD personnel and assets at the
locations where the baniers are constructed and allow the redeployment of DoD personnel
and assets to other high-traffic areas on the border without baniers. In short, these baniers
will allow DoD to provide suppo11 to OHS more efficiently and effectively. In this respect.
the contemplated construction projects are force multipliers.
Accordingly, I have authorized and directed the Acting Secretary of the Army to
undertake these 11 projects expeditiously, and, as authorized by Section 2808, to do so
without regard to any other provjsion of law that may impede the expeditious construction of
such projects in response to the national emergency. A description of and the estimated cost
for each project, including the cost of any associated real estate actions, can be found in the
enclosure.
I have further authorized and directed the Acting Under Secretary of Defense
(Comptroller)/Chief Financial Officer to ensure that up to $3.6 billion in unobligated military
construction funds are available for the purpose of unde11aking the specified military
construction projects. Tbe funds being made available are associated only with dcfened military
construction projects that are not scheduled for award until fiscal year 2020 or later and do not
include any famjly housing, barracks, or dormitory projects. Furthermore, I have directed the
Acting Under Secretary of Defense (Comptroller) to prioritize defeJTed military constrnction
projects such that, initially, onl.y funds associated with deferred military construction projects
outside of the United States will be made available to the Depa11ment of the Army. This will

provide for approximately $ 1.8 billion of the required funds. The remaining S 1.8 bil lion
associated with deferred military construction projects located in the United States ( including
U.S. tenitories) will be made avai lable to the Secretary of the Anny when it is needed for
obligation. My intent in prioritizing funds in this manner is to provide time to work with you to
determine oppo1tunities to restore funds for these impo11ant military constrnction projects as we ll
as to work with our allies and partners in improving cost burden sharing for the overseas
construction projects.

I am sending an identical letter to the other Congressional defense committees.
Sincerely,

Enclosure:
As stated
cc:
The Honorable Jack Reed
Ranking Member

List of Military Construction Projects
Yum a Project 2 ($40M) : Replacement of one segment of primary pedestrian fencing on the
Barry M. Goldwater Range starting 2.5 m il es east of Border Monument 198 and extending east
to Border Monument 297, for a total of approximate ly 1.5-2 miles.
Yuma Proj ect 10/27 ($527M): Construction of approximately 3 1 miles of a new secondary
pedestrian fence system 011 the Bany M. Goldwater Range.
Yuma Pr-oject 3 ($630M): Rep lacement of 3 1 mi les of vehicle barriers with new pedestrian
fe11cing, beginning approximately 0.4 mi les east of the Barry M. Goldwater Range and
continuing for approximately 31 miles east through the Cabeza Prieta National Wildlife Refuge
in Yuma County.
San Diego Proj ect 4 ($67M): Construction of 1.5 miles of a new primary pedestrian fence
system sta11ing 3.6 miles east of the Otay Mesa Port of E ntry (POE), extending east, and
con struction of2 miles of a new secondary pedestrian fence system starting 3.6 mil es east of the
Otay Mesa POE, extending east.
Yum a Proj ect 6 ($65M) : Cons truction of approx imately I m ile of a new prinrnry pedestrian
fence system starting at Andrade POE and extending a half mile west of monument marker 206.
then resuming cast of the Colorado River and extending south one mile: and construction of2
m iles ofa new secondary pedestrian fence system starting a half mile east of monument marker
208 and extending east to the Colorado Ri ver, and then resuming on the east s ide of the Colorado
river and extending south for approxi mately one mile.
El Paso Proj ect 2 ($4 76M): Replacement of 23.51 mil es o f vehic le barriers with new pedestrian
fencing in noncontiguous segments within Hidalgo and Luna Counties, New Mexico.
• T he first segment begins approximately 5.1 miles east of the New Mexico/ Arizona Border,
continuing east for 4.55 miles.
• The second segment begins approximately 3 miles west of the Antelope Well s POE to 3
miles east of the POE for 6.12 mi les.
• The third segment begins approx im ate ly 20 miles \VC t of the Co lumbus POE. l.!Xtending west
for 12.84 mi les.
El Paso Proj ect 8 ($ l 64M): Construction of approx imate ly 6 miles of a new primary pedestrian
fence system in place of existing vehicle barriers starting 1.5 miles west of monument marker 64
and extending 2 miles east of monument marker 63: and construction of approximately 6 miles
of a new secondary pedestrian fe nce system starting 1.5 mi les west of mon ument marker 64 and
extending 2 miles east of monument marker 63 .
San Diego Project 11 ($57M) : Construction of approximately 3 miles of a new secondary
pedestrian fe nce system s ta11ing 2 miles west of the Tecare PO E and extending to 1.5 mile east
of the Tecate POE.
El Centro Project 5 ($20M) : Construction of approximate ly I n1ile of a new secondary
pede trian fence system s tarting 0.5 mile west of the Calexico West POE, extending I mile east
of the Calexico West POE.
La redo Proj ect 7 ($ 1,268 M) : Construction of approximately 52 mi les of a new primary
pedestrian fence system sta11ing from the Laredo-Columbia Solidarity POE No11h West for
approximately 52 miles along the Rio-Grande River.
El Centro Project 9 ($286M) : Construction of approximatel y 12 miles of a new secondary
pedestrian fence system , starting 1.5 miles west of monument marker 223 and ending at
monument marker 221, and resuming I mile east of the Calexico West POE and extend ing east
for 3 miles.
Enclosure