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CREW: U.S. Department of Homeland Security: U.S. Customs and Border Protection: Regarding Border Fence: 11/9/10 - OBP006271-OBP006274 PF225_Issue Paper 120507 updated11508 (Final) 4

CREW: U.S. Department of Homeland Security: U.S. Customs and Border Protection: Regarding Border Fence: 11/9/10 - OBP006271-OBP006274 PF225_Issue Paper 120507 updated11508 (Final) 4

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Published by CREW
CREW: U.S. Department of Homeland Security: U.S. Customs and Border Protection: Regarding Border Fence; FOIA Request: CREW: U.S. Department of Homeland Security: U.S. Customs and Border Protection: Regarding Border Fence; Holder of Document: CREW; Producing Agency: Department of Homeland Security (DHS); Date Received: 11/9/10;
CREW: U.S. Department of Homeland Security: U.S. Customs and Border Protection: Regarding Border Fence; FOIA Request: CREW: U.S. Department of Homeland Security: U.S. Customs and Border Protection: Regarding Border Fence; Holder of Document: CREW; Producing Agency: Department of Homeland Security (DHS); Date Received: 11/9/10;

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Published by: CREW on Nov 15, 2010
Copyright:Public Domain

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07/02/2014

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FOR OFFICIAL USE ONLYFOR OFFICIAL USE ONLY
FOR OFFICIAL USE ONLY As of January 15, 2007 DRAFT
PF 225 CondemnationsTalking Points
Background
 
Secretary Chertoff has committed that DHS will build a total of 370 miles of pedestrian fencealong the southwest border by the end of CY 2008.
 
By the end of FY 2007, CBP had more than 145 miles of pedestrian fencing completed alongthe southwest border. By the end of CY 2008, an additional 225 miles will be built, for atotal of 370 miles.
Condemnation
 
Since May 2007, DHS has engaged in extensive discussions about the placement of theremaining 225 miles of fencing with state and local stakeholders, including landowners, toensure that our investments effectively balance border security with the diverse needs of those that live in border communities. As part of these outreach efforts, DHS has contactedalmost 600 different landowners and held 18 town hall meetings.
 
As a result of these outreach efforts, there are many instances where we were able to makemodifications to our original plans to accommodate landowner/communityconcerns/requirements while still meeting our operational needs. Some examples include:1.
 
We made numerous alignment changes to the Rio Grande Valley segments to limitimpacts to the U.S. Fish and Wildlife (USFWS) National Wildlife Refuge areas, a birdwatching observation facility in the City of Roma, and negate the need to relocateapproximately 30 residences.
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The fence alignment at the Roma Port of Entry (POE) was initially proposed to be ontop of a 30-foot bluff because we were not sure if it could be built below, due to flood plain issues. During our site visit in September, it was determined that placing thefence at the top of the bluff would impact historical buildings and brought aboutconstructability issues. Building the fence on the bottom of the bluff would alsomake better operational sense. Based on these findings, U.S. Border Patrol, U.S.Army Corps of Engineers, and USFWS agreed that the fence would be placed at the bottom of the bluff.U.S. Fish and Wildlife doesn’t have any property around the Roma POE but supportsthe placing of the fence at the base of the bluff with the condition that brush removalwill be minimal on both sides of the fence.Schematics of this approach will be submitted to International Boundary and Water Commission for approval.
OBP006271
 
FOR OFFICIAL USE ONLYFOR OFFICIAL USE ONLY
FOR OFFICIAL USE ONLY As of January 15, 2007 DRAFT
2.
 
In Del Rio, Texas, we relocated an approximately 2.3 mile segment to negate the need torelocate approximately 10-12 residences.3.
 
In San Diego, California, we changed the alignment of a segment to significantly reducethe impacts to the Otay Mountain Wilderness area.
 
Although final decisions on precise fence locations have not been made, Border PatrolAgents and U.S. Army Corps of Engineers (USACE) real estate specialists have been asking private landowners for a Right of Entry for Survey and Site Assessment (ROE-S).
-
 
The ROE-S provides the government with access to gather more detailed informationnecessary to make informed decisions in deploying tactical infrastructure (e.g. fence,roads, and lighting).
 
Despite our outreach efforts, there are a number of landowners who have not signed theROE-S. Of these landowners, a majority of these people have simply not responded.
-
 
As of January 15, 2008, 36 landowners were unresponsive, 43 refused to sign, and wecould not identify the landowner for 21 parcels of land.
 
As of January 15, 2008, there were 100 landowners who had not signed the ROE-S, brokenout as follows:
Border Patrol Sector SDC ELC YUM TCA EPT MAR DRT LRT RGVNon-Federal OwnersParcels**Estimated Fence Miles*Estimated Acres**
* Not all condemned properties are reflected in fence miles as some lie on roads/staging areas needed for access to the proposed fencealignment** Acres and parcels reflect total parcels condemned for temporary rights of entry – not the amount of land needed for construction;acres and parcels are evolving as land records are researched in the filed and unknown owners are identified
OBP006272
(b) (5)
 
FOR OFFICIAL USE ONLYFOR OFFICIAL USE ONLY
FOR OFFICIAL USE ONLY As of January 15, 2007 DRAFT
State and Congressional DistrictState
 
CA
 
AZ
 
NM
 
TX
 
Congressional District
 
51
 
7
 
8
 
2
 
16
 
23
 
28
 
15
 
27
 
Congress Person
 
BobFilner RaulGrijalvaGabrielleGiffordsStevePearceSilvestreReyesCiroRodriguezHenryCueller RubenHinojosaSolomonOrtiz# of Non-Federal Owners /Condemnations
 
Parcels**
 
Estimated Fence Miles*Estimated Acres**
 * Not all condemned properties are reflected in fence miles as some lie on roads/staging areas needed for access to the proposed fencealignment** Acres and parcels reflect total parcels condemned for temporary rights of entry – not the amount of land needed for construction;acres and parcels are evolving as land records are researched in the filed and unknown owners are identified
 
Because the Government has not received these ROEs and has an immediate need to enter  properties to conduct the assessment activities, condemnation for that temporary right is thefinal recourse available to the Government.
 
This condemnation action is to acquire a temporary easement to enable the Government toaccess the site to conduct the necessary environmental, engineering and real estateassessments. The access easement is limited to a 180-day period.
 
tThe process began in early December witha letter  being sentto each landowner, notifying each that we anticipateda ‘declaration of taking and complaint in condemnation’to be filed within 30 days to acquire a temporary easement in the appropriate United States DistrictCourt within their state.
 
Court filings began the week of January 14 and are expected to continue during thefollowingweek s. Local United States Attorney’s offices are filing the cases, based on their respectiveworkloads, after they receive the necessary documentation and filing fees.
 
It is possible that some of the landowners may decide to voluntarily convey the real estateinterest needed for the fence itself and related infrastructure even after the governmentacquires the temporary easement.
 
The landowner will be served with notice of the condemnation upon filing of the case.
Communicating Continuously Regarding the Path Ahead
 
DHS strives for a transparent and consultative process as we move forward with theadditional 225 miles of fence construction.
 
This condemnation does not negate input from landowners or environmental mitigationefforts to accommodate specific circumstances if fence is ultimately constructed.
 
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We will begin
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of January 21
OBP006273
(b) (5)

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