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 CBP/SBInetMeeting Minutes 8/16/2010 1
SUBJECT: Real Estate Task Force Brief to Chief Aguilar Meeting Date –
July 26, 2007
 Meeting Time:
1PM EST
 Meeting Location:
Chief Aguilar’s Suite
 Purpose
The purpose of this meeting was to brief senior OBP leadership on current scope the Real Estate Task Force isanalyzing. Specifically, Chief Aguilar wanted a recommendation on the disposition of lands located between theproposed PF225 fence south to the natural US/Mexico Border. Also discussed was proposed acquisition method for property needed to construct PF225 fence.
Attendees
 
 
Attended viaTeleconCBP
 
Chief Aguilar, OBP
 
Chief Colburn, OBP
 
Chief Self, OBP
 
OBP
 
OBP
 
CBP Asset Management
 
PF225
 
CBP Office of Asst Chief of Counsel
 
Facilities Center, Laguna
Discussion Overview
 
Topics Covered during the MeetingReal Estate Task Force Scope:
 
 
Provided Overview of Real Estate Task Force’s Work Scope (
 see attached 
)
 
Explained that established the Task Force, and that it had been meeting for 3weeks already
 
Chief Aguilar concurred that the Task Force’s strategy and scope was appropriate
OBP006306
 
(b) (6)(b) (6)(b) (6)(b) (6)(b) (6)(b) (6)(b) (6)
 
 CBP/SBInetMeeting Minutes 8/16/2010 2
 
Resolved that the Task Force would produce a ‘Pre Brief’ in advance of a final written position paper in light of the fact that the paper will take approximately three more weeks to complete.
Disposition of Land South of the Fence to the Border (
where applicable
):
 
 
PF225 fence was originally directed to be constructed along Rio Grande River. However, in manycases as it lies within a flood plane, and construction there is unfeasible from both an engineeringstandpoint and in that it would violate international treaties governed by IBWC.
 
Management’s resolution of this issue was to build atop or to the north of the IBWC levee, whichintroduces the question of what to do with the lands between the fence and the river.
 
Explained that this has become a pressing issue, because Mr. Giddens has directed the Corps of Engineers to commence with appraising land tract values in advance of getting their ‘Delegation of Authority’. The disposition of the land south of the fence is a key element needed to create theappraisals.
 
Reviewed 3-page Power Point presentation (
 see attached 
).
 
Chief Aguilar concurred with the two-pronged land acquisition strategy:
1.
 
Acquire Interest in Land Needed for Tactical Infrastructureak.a. ‘Project Only Acquisition’
(POA)
 
For larger parcels where landowners establish clear evidence that their livelihooddepends on access to that property (i.e. Grazing or Farming) – Rural Areas
2.
 
Acquire Interest in Land for SBI Needs AND Land South of the Fence to the Border ak.a. ‘Project & South Acquisition’
(PSA)
 
For relatively smaller parcels where land is accessed primarily for recreational use (i.e.fishing, hunting, camping, kayaking, etc.) – Urban Areas
 
Landowners already experience restricted access due to existing pass-thru routesestablished along the IBWC levee, so a gate along the fence will not pose substantialadditional burden or impediment to them.
 
Issues still not 100% resolved, that depending on the finding, may dictate amending the aforementioned strategy:
 
Seizure of lands south of the border by the Gov’t: Chief Aguilar advocated this approach if illegal activity is being conducted on those lands.
o
 
will review the topicand submit findings to OBP.
o
 
Previous proposed solution was buying the land and granting rights back to theoriginal landowner that could be extinguished by the government – this option wasdiscussed and ruled out.
 
Shutting down access through the fence: Question of what authority the government has todeny passage through the fence to privately held lands in the event of national emergency(i.e. terrorist threat, pandemic, etc.)? will review this topic.
o
 
will review the topicand submit findings to OBP.
 
Management of lands acquired by CBP south of the fence would preferably be turned over toanother government agency – that issue has not been adequately vetted yet, but it seemed toall to be accomplishable.
 
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