State of California et al v. Trump et al

Filing 263

NOTICE Regarding Use Of The Treasury Forfeiture Fund by Department of Defense, David Bernhardt, Mark T. Esper, Kevin K. McAleenan, Ryan D. McCarthy, 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)(Warden, Andrew) (Filed on 1/8/2020) Modified on 1/9/2020 (jjbS, COURT STAFF).

EXHIBIT 1

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

STATE OF CALIFORNIA, et al.,
Plaintiffs,

No. 4:19-cv-00872-HSG
No. 4:19-cv-00892-HSG

v.
DONALD J. TRUMP, et al.,
Defendants.

SIERRA CLUB, et al.,
Plaintiffs,
v.
DONALD J. TRUMP, et al.,
Defendants.

DECLARATION OF LOREN FLOSSMAN
I, Loren Flossman, declare as follows:
1. I am the Acquisition Program Manager for the Wall Program Management Office (Wall
PMO), U.S. Border Patrol Program Management Directorate, U.S. Customs and Border
Protection (CBP), an agency of the Department of Homeland Security (DHS). The Wall
PMO is responsible for border barrier projects.
2. The statements in this declaration are based on my personal knowledge and information
that I have received in my official capacity.

3. CBP has previously executed declarations dated April 1, 2019, May 14, 2019, July 11,
2019, and October 3, 2019, that explained CBP’s use of Treasury Forfeiture Fund (TFF)
funds for barrier construction activity along the southern border. This declaration
provides updated information about CBP’s use of TFF funds.
4. As explained in the October 3 declaration, on September 27, 2019, the Department of
the Treasury transferred to a CBP account $600,993,368.26 to support CBP’s law
enforcement border security mission. Prior to the transfer of TFF funds, CBP submitted
one claim to TFF for reimbursement of expenses. On September 4, 2019, CBP
submitted a request for reimbursement of $6631.74 for CBP program management and
support costs associated with planning potential TFF funded projects. CBP received
reimbursement for these funds on September 12, 2019.
5. As explained in the prior CBP declarations, CBP had planned to utilize the TFF funds
for planning and construction exclusively within Texas, in the United States Border
Patrol Rio Grande Valley (the Rio Grande Valley Sector) and/or the United States
Border Patrol Laredo Sector (the Laredo Sector). At the time of the previous
declarations, however, no final decisions had been made as to the final barrier location
for any project funded by the TFF in the Rio Grande Valley and/or Laredo Sectors and
no TFF funds had been obligated to specific border barrier projects in these Sectors.
6. CBP recently made decisions as to how it will allocate the approximately $601 million
of TFF funds to support CBP’s border security law enforcement mission.
7. CBP will use $340 million of the TFF funds for border barrier projects in the Rio
Grande Valley Sector as follows:

a. $124 million of the $340 million will be used to construct border barriers in the
Rio Grande Valley Sector. On December 27, 2019, CBP, through the United
States Army Corps of Engineers, exercised contract options for the barrier
projects known as RGV 09 and RGV 10. The RGV 09 and RGV 10 projects had
previously been funded exclusively with funds appropriated in the Fiscal Year
2019 CBP appropriation (Public Law No. 116-6, § 230). Regarding the RGV 09
project, approximately $11 million in TFF funds were used to fund a contract
option that will increase the height of a planned segment of barrier in the Rio
Grande Valley Sector in Starr County, Texas, from 18 feet to 30 feet. For the
RGV 10 project, approximately $113 million in TFF funds were used to fund a
contract option that will add approximately 10 miles of barrier to the RGV 10
project. These additional miles are located in the Rio Grande Valley Sector in
Hidalgo County and Cameron County, Texas. The locations of the RGV 09 and
RGV 10 projects, including the areas with project costs associated with the
contract options discussed above, are depicted in the attached Exhibit A.
Construction on the RGV 09 and RGV 10 projects, including the portions of those
projects funded with TFF funds, will begin once CBP has acquired sufficient real
estate. CBP does not anticipate that it will have sufficient real estate prior to July
2020.
b. $216 million of the $340 million in TFF funds that will be used in the Rio Grande
Valley Sector will be used for program and project activities such as construction
management, change management, i.e., covering increased project costs due to
unforeseen site conditions and other contingencies, and real estate planning and

acquisition for planned or on-going border barrier projects in the Rio Grande
Valley Sector that are funded by one of three sources, CBP’s Fiscal Year 2018
appropriation (Public Law No. 115-141, § 230), CBP’s Fiscal Year 2019
appropriation (Public Law No. 116-6, § 230), and, as noted above, TFF funds.
8. As noted above, the prior CBP declarations stated that CBP had planned to utilize the
TFF funds for planning and construction exclusively within Texas, in the Rio Grande
Valley and/or Laredo Sectors. CBP has now decided to expand the use of TFF funds for
planning beyond the Rio Grande Valley and Laredo Sectors.
9. In particular, CBP intends to use the remaining balance of approximately $261 million
in TFF funds for real estate planning activities for future year barrier construction in the
United States Border Patrol’s priority locations along the southwest border. Real estate
planning activities involves, among other things, planning for future barrier alignments,
title research, surveys, and appraisals. If there is surplus funding that is not needed for
real estate planning activities, CBP would allocate any remaining TFF funds to other
activities in support of CBP’s law enforcement border security mission.
10. The decision to expand the use of the TFF funds for planning beyond the Rio Grande
Valley and Laredo Sectors was the result of CBP having received funding in its Fiscal
Year 2020 appropriation (Public Law 116-93, § 209) that will fund its highest priority
locations in the Laredo Sector. Because CBP has now received funding for its highest
priority locations in the Laredo Sector, $340 million in TFF funds may be used for
priority projects in the Rio Grande Valley Sector, and the remaining balance of the TFF
funds may be used to plan for future year barrier requirements. Future year planning
will allow CBP to streamline the execution of such projects and more quickly deliver the

capabilities required for the United States Border Patrol to deter and prevent illegal entry
on the southwest border.
This declaration is made pursuant to 28 U.S.C. § 1746. I declare under penalty of perjury that
the foregoing is true and correct to the best of my current knowledge.
Executed on this 8th day of January, 2020.

Loren Flossman
Acquisition Program Manager
U.S. Customs and Border Protection

EXHIBIT A

Exhibit A

RGV-009, TFF Funds used to
increase barrier height from
18' to 30'

R
OR CTO
CT
E
S E EY S
DO
LL
RE
VA
E
LA
D
AN
GR

ZAPATA COUNTY
Fa lcon
Res ervoir

RI

O

L E G END

Rio Grande City Station

FY19 CBP Funded Barrier
RGV-009

k
Æ
on
lc E
Fa P O
am
D
83
£
¤

STA RR COUNTY

m
Ro

a

E
PO

k
Æ
Rio Grande
City

U

ED
N IT
M

TES
S TA

CO
E XI

e
nd E
ra PO
G
o ty
Ri Ci

k
Æ
RGV-009
10.7 miles

*If sheet measures less than 11x17" it is a reduced print.
Reduce scale accordingly.

C IT
YS
TA
NS
T IO
TA
N
T IO
N

1 in = 3.16 mi

LA R EDO
RI O
GR A NDE
VA LLEY

LE

AL

MC

RI O

GR

AN

DE

83
£
¤

1:200,000

AREA ENLARGED

Eb
an
PO os
E

k
Æ
Lo
s

RGV-009
11.1 miles

Map Request 578v3

WARNING: This document is FOR OFFICIAL USE ONLY (FOUO) .
It contains information th at may be exempt from public release under
the Freedom of Information Act (5 U.S.C. 552). It is to be controlled,
stored, handled, transmitted, distributed, and disposed of in accordance
with DHS policy relating to FOUO in formation and is not be released to
the public or other personnel who do not have a valid "need-to-know"
without prior approval of an authorized DHS official.

January 8, 2020

Exhibit A
NS
T

AT

FY19 CBP Funded Barrier

LE

RGV-009

AL

AN

DE

C IT

ION

YS
TA

T IO
N

Existing Pedestrian Fence

MC

RI O

GR

STA RR COUNTY

L E G END

McAllen Station

La Homa

RGV-009
0.3 miles

83

£
¤

RGV-009
11.1
miles

Lo
s

Eb
an
PO os
E

k
Æ
Lower RGV NWR:
La Joya Tract
HIDA LGO COUNTY

Mission
UN

I TE

ME

DS
T

XIC

O

AT
ES

83
£
¤

E N S TA
TION
C O S TA
TION

McAllen

*If sheet measures less than 11x17" it is a reduced print.
Reduce scale accordingly.

1 in = 1.74 mi

1:110,000

A

nz
al
du
PO as
E

W E SL A

MC A LL

k
Æ

LA R EDO
RIO G RANDE
VA LLEY

Reynosa

Map Request 578v3

i
H

o
lg
da

E
PO

k
Æ

AREA ENLARGED
WARNING: This document is FOR OFFICIAL USE ONLY (FOUO) .
It contains information th at may be exempt from public release under
the Freedom of Information Act (5 U.S.C. 552). It is to be controlled,
stored, handled, transmitted, distributed, and disposed of in accordance
with DHS policy relating to FOUO in formation and is not be released to
the public or other personnel who do not have a valid "need-to-know"
without prior approval of an authorized DHS official.

January 8, 2020

Exhibit A

Existing Pedestrian Fence

Edinburg

RGV-010, TFF Funds used to
add barrier miles
FY19 CBP Funded Barrier

281
£
¤

RGV-010

McAllen

San Juan

83
£
¤

C O S TA
TION

E N S TA
TION

Pharr
HIDA LGO COUNTY

Donna

W E SL A

MC A LL

Alamo

go
al
id
H

Reynosa

RGV-010
0.4 miles

k
Æ
r
ar E
Ph PO

k
Æ

Mercedes

WESL ACO STATION

E
PO

Weslaco

RGV-010
0.3 miles
281
£
¤

RGV-010
4.8 miles

k
Æ
na
on
D

k
Æ

E
PO

o
Pr

g

so
re

E
PO

HA RL IN GEN STATION

Mission

k
Æ

L E G END

Weslaco Station

CAMERON COUNTY
*If sheet measures less than 11x17" it is a reduced print.
Reduce scale accordingly.

1 in = 2.37 mi

1:150,000

LA R EDO

Corpus
Christi

RIO G RANDE
VA LLEY

AREA ENLARGED
WARNING: This document is FOR OFFICIAL USE ONLY (FOUO) .
It contains information th at may be exempt from public release under
the Freedom of Information Act (5 U.S.C. 552). It is to be controlled,
stored, handled, transmitted, distributed, and disposed of in accordance
with DHS policy relating to FOUO in formation and is not be released to
the public or other personnel who do not have a valid "need-to-know"
without prior approval of an authorized DHS official.

Map Request 578v3

January 8, 2020

Ra

tl i

ff

St

50
Fm

Fm 506

Fm

Rangerville

nn
sy

lv a

ni
a

Ja
Av

e

yS

San Benito

V
U

t

FY19 CBP Funded Barrier

El Camino
Angosto
Fm

0

7

RGV-010

32

er
v il

77
£
¤

Lago

Ra
ng

V
U
Reservoir
Number Two
Reservoir
Number One

Carricitos

k
Æ

La Paloma

Landrum

Lower RGV NWR:
Ranchito Tract

EncantadaRanchito
El Calaboz

RGV-010
0.3 miles

UN
M

IT

EX

ED

IC
O

ST

STATIO
N

RGV-010
1.3 miles

281
£
¤

G EN ST
ATION

Los
Indios

RGV-010
0.8 miles

0

Fm 1732

HA R L IN

RGV-010
0.1 miles

10

BR O W N

Venadito

SR

Fm 1
577

RGV-010
3.8 miles

Las
Rusias

25

BluetownIglesia
Antigua

20

100

Fm

Santa
Maria

RGV-010, TFF Funds used to
add barrier miles

448

le
Rd

RGV-010
4.8 miles

80

Pe

Existing Pedestrian Fence

S V IL L E

HIDALG O COUNTY

HA RL IN GEN STATION CAMERO N COUNTY

WESL ACO STATION

Adams Gardens
Reservoir

V
U
345

0

Zillo c k

Rd

9

Harlingen

51

Arroyo Alto

Bixby

L E G END

Harlingen Station
Fm

Exhibit A

AT
ES

*If sheet measures less than 11x17" it is a reduced print.
Reduce scale accordingly.

1 in = 1.42 mi

1:90,000

LA R EDO

RGV-010
4.4 miles

AREA ENLARGED

El Control

Ramirez

Map Request 578v3

San Pedro

RIO G RANDE
VA LLEY

WARNING: This document is FOR OFFICIAL USE ONLY (FOUO) .
It contains information th at may be exempt from public release under
the Freedom of Information Act (5 U.S.C. 552). It is to be controlled,
stored, handled, transmitted, distributed, and disposed of in accordance
with DHS policy relating to FOUO in formation and is not be released to
the public or other personnel who do not have a valid "need-to-know"
without prior approval of an authorized DHS official.

January 8, 2020

Exhibit A

Fm

Existing Pedestrian Fence

5

11

IO

N

RGV-010, TFF Funds used to
add barrier miles

N

ST
AT
SV

IL

LE

ST

FY19 CBP Funded Barrier
RGV-010

rdin H eights Rd
El J a

San Pedro

Pa re de s Line

Rd

77
£
¤

Blvd

W

Blvd
M a rc el o

Sa

F WA
lton Glo
or B lvd

nM
arc

elo

RGV-010
1.4 miles

Cameron
Park

Da na Ave

BR

N
OW

AT

IO

N

GE
IN

RL
HA

RGV-010
4.4 miles

L E G END

Brownsville Station

d

Fm 802

O ld

Po
rt

Cent

ral

Brownsville

lR

vd

Bl
vd

ben M Torr es
Ru
Bl

Is a
be

281
£
¤

Da na St

an

ES

Pr ice R
d

Rd
lv d

O

s
er

Mc

on

4

P

RGV-010
1.3 miles

Map Request 578v3

e
ill E
sv s PO
n n
ow ra
Br ete
V

st

1 in = 0.98 mi

ilp

a

Ve
rd
e

1:62,360

RIO GRANDE
VA LL EY SECTOR
McAllen

Harlingen

Brownsville

Rd

k
Æ

M

*If sheet measures less than 11x17" it is a reduced print.
Reduce scale accordingly.

o

Matamoros

RGV-010
0.2 miles

hm

k
Æ

ut

ve
E ast A

So

St

r

k
Æ

77
£
¤

le
Ty

vd

E 3 0Th S t

E

Bl

V
U

Four
Corners

St

m
al

da

t
vit

B

ff
Je

Riverside

RGV-010
2.1 miles

48

W

ME XIC

V
U

S Ce ntral Ave

STAT ES

N Ce ntral Ave

e
lic
Ol d A

UN IT ED

Lower RGV
NWR: Phillips
Banco Tract

N
TIO
TA
N
ES
IO
LL
AT
VI
ST
NS
N
W
OW
RO
BR
TB
R
FO

E Pric e
Rd

M E X ICO
AREA ENLARGED

RGV-010
0.4 miles

WARNING: This document is FOR OFFICIAL USE ONLY (FOUO) .
It contains information th at may be exempt from public release under
the Freedom of Information Act (5 U.S.C. 552). It is to be controlled,
stored, handled, transmitted, distributed, and disposed of in accordance
with DHS policy relating to FOUO in formation and is not be released to
the public or other personnel who do not have a valid "need-to-know"
without prior approval of an authorized DHS official.

January 8, 2020