Homeland Security Secretary Waives Several Environmental Laws to Ensure Expeditious Barrier Construction in El Paso Sector


Pursuant to the provisions of Section 102(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as amended, the Office of the Secretary, Department of Homeland Security, in her “sole discretion” has waived in their entirety the following laws (including all federal state, or other laws, regulations and legal requirements deriving therefrom) to expedite the construction of barriers and roads in the “project area” described as being located in the vicinity of the international land border of the U.S. near the Santa Teresa Land Port of Entry in the State of New Mexico:

  • National Environmental Policy Act
  • Clean Water Act
  • National Historic Preservation Act
  • Migratory Bird Treaty Act
  • Clean Air Act
  • Archeological Resources Protection Act
  • Paleontological Resources Protection Act
  • Federal Cave Resources Protection Act
  • Safe Drinking Water Act
  • Noise Control Act
  • Resource Conservation and Recovery Act
  • Comprehensive Environmental Response, Compensation, and Liability Act, known also as Superfund
  • Archeological and Historic Preservation Act
  • Antiquities Act
  • Historic Sites, Buildings and Antiquities Act
  • Farmland Protection Act
  • Forrest Land Protection Act
  • National Fish and Wildlife Act
  • Administrative Procedure Act
  • Eagle Protection Act
  • Native American Graves Protection and Repatriation Act
  • American Indian Religious Freedom Act

This determination is effective on January 22, 2018, and was published in the Federal Register on January 22, 2018.