Link to Mayorka’ proclamation~ …
Construction will be funded by
a fiscal year 2019 appropriation NOTE: The fed.gov just began FY 2024, FIVE YEARS AFTER THIS APPROPRIATION!] through which Congress appropriated funds for the construction border barrier in the Rio Grande Valley, and DHS is required to use those funds for their appropriated purpose.
…
There is presently an acute and immediate need to construct physical barriers and roads in the vicinity of the border of the United States in order to prevent unlawful entries into the United States in the project areas pursuant to sections 102(a) and 102(b) of IIRIRA. In order to ensure the expeditious construction of the barriers and roads in the project areas, I have determined that it is necessary that I exercise the authority that is vested in me by section 102(c) of IIRIRA.
Accordingly, pursuant to section 102(c) of IIRIRA, I hereby waive in their entirety, with respect to the construction of roads and physical barriers (including, but not limited to, accessing the project areas, creating and using staging areas, the conduct of earthwork, excavation, fill, and site preparation, and installation and upkeep of physical barriers, roads, supporting elements, drainage, erosion controls, safety features, lighting, cameras, and sensors) in the project areas, all of the following statutes, including all federal, state, or other laws, regulations, and legal requirements of, deriving from, or related to the subject of, the following statutes, as amended:
1. The National Environmental Policy Act (Pub. L. 91-190, 83 Stat. 852 (Jan. 1, 1970) (42 U.S.C. 4321 et seq.));
2. The Endangered Species Act (Pub. L. 93-205, 87 Stat. 884 (Dec. 28, 1973) (16 U.S.C. 1531 et seq.))
3. The Federal Water Pollution Control Act (commonly referred to as the Clean Water Act (33 U.S.C. 1251 et seq.))
4. The National Historic Preservation Act (Pub. L. 89-665, 80 Stat. 915 (Oct. 15, 1966), as amended, repealed, or replaced by Pub. L. 113-287, 128 Stat. 3094 (Dec. 19, 2014) (formerly codified at 16 U.S.C. 470 et seq., now codified at 54 U.S.C. 100101 note and 54 U.S.C. 300101 et seq.))
5. The Migratory Bird Treaty Act (16 U.S.C. 703 et seq.)
6. The Migratory Bird Conservation Act (16 U.S.C. 715 et seq.)
7. The Clean Air Act (42 U.S.C. 7401 et seq.)
8. The Archeological Resources Protection Act (Pub. L. 96-95, 93 Stat. 721 (Oct. 31, 1979) (16 U.S.C. 470aa et seq.))
9. The Paleontological Resources Preservation Act (16 U.S.C. 470aaa et seq.)
10. The Safe Drinking Water Act (42 U.S.C. 300f et seq.)
11. The Noise Control Act (42 U.S.C. 4901 et seq.)
12. The Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.)
13. The Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.)
14. The Archaeological and Historic Preservation Act (Pub. L. 86-523, 74 Stat. 220 (June 27, 1960) as amended, repealed, or replaced by Pub. L. 113-287, 128 Stat. 3094 (Dec. 19, 2014) (formerly codified at 16 U.S.C. 469 et seq., now codified at 54 U.S.C. 312502 et seq.))
15. The Antiquities Act (formerly codified at 16 U.S.C. 431 et seq., now codified 54 U.S.C. 320301 et seq.)
16. The Historic Sites, Buildings, and Antiquities Act (formerly codified at 16 U.S.C. 461 et seq., now codified at 54 U.S.C. 3201-320303 & 320101-320106)
17. The Farmland Protection Policy Act (7 U.S.C. 4201 et seq.)
18. The National Wildlife Refuge System Administration Act (Pub. L. 89-669, 80 Stat. 926 (Oct. 15, 1966) (16 U.S.C. 668dd-668ee))
19. The National Fish and Wildlife Act of 1956 (Pub. L. 84-1024, 70 Stat. 1119 (Aug. 8, 1956) (16 U.S.C. 742a, et seq.))
20. The Fish and Wildlife Coordination Act (Pub. L. 73-121, 48 Stat. 401 (March 10, 1934) (16 U.S.C. 661 et seq.))
21. The National Trails System Act (16 U.S.C. 1241 et seq.)
22. The Administrative Procedure Act (5 U.S.C. 551 et seq.)
23. The Eagle Protection Act (16 U.S.C. 668 et seq.)
24. The Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.)
25. The American Indian Religious Freedom Act (42 U.S.C. 1996)
26. The Federal Land Policy and Management Act (Pub L. 94-579, 90 Stat. 2743 (Oct. 21, 1976) (43 U.S.C. 1701 et seq.)).