OBP004703

From: To: Subject: Date: Attachments: Importance:

(b) (6) (b) (6) (b) (6)
High

on behalf of SELF, JEFFREY D

(b) (6)

FW: Waiver Statement Friday, March 28, 2008 3:58:14 PM

As per Jeff, work with SBI and get the numbers that are needed please. Thank you.

(b) (6)
Assistant Chief Southwest Border Division HQ Office of Border Patrol (b) (6) office (b) (6) cell

From: (b) (6) Sent: Friday, March 28, 2008 3:43 PM To: SELF, JEFFREY D Subject: FW: Waiver Statement Importance: High Here is the doc…

(b) (6)

From: (b) (6) Sent: Friday, March 28, 2008 3:21 PM To: (b) (6) ; ADAMS, ROWDY D; (b) (6) (b) (6) Cc: (b) (6) Subject: FW: Waiver Statement Importance: High

; (b) (6)

(b) Rowdy, (6) We’re going to need input from SBI on the numbers (b) is asking about. Who should they reach out (6) to?
--(b) (6) _____________________________ (b) (6) Deputy Chief Counsel U.S. Customs and Border Protection (b) (6) (b) (6) (Fax)
ATTORNEY-CLIENT PRIVILEGED/ATTORNEY WORK PRODUCT This communication might contain communications between attorney and client, communications that are part of the agency deliberative process, or attorney work product, all of which are privileged and not subject to disclosure outside the agency or to the public. Please consult with the Office of Chief Counsel, U.S. Customs and Border Protection before disclosing any information contained in this email.

OBP004704

From: (b) (6) Sent: Friday, March 28, 2008 2:13 PM To: (b) (6) Subject: RE: Waiver Statement

(b) (6) I’ve marked up a bit, but this requires very quick work from CBP so we can get to S1 today for his review.
It must be updated to reflect the current situation – i.e., if there are any stale statements in here, they should be brought forward to today. Most importantly, the paragraph that deals with the environmental remediation work that has already been done must be edited. It should, in the next draft, contain the following concepts: 1. The waiver covers _____ miles of border, on which we plan to build _____ miles of pedestrian barrier and _____ miles of vehicle barrier. 2. The additional _____ miles – over and above what we are planning to build on – are also areas of high illegal entry, but are not the highest priority areas. We are including those miles in case environmental factors or other issues cause us to change course and not build on those highest priority areas. 3. This waiver – plus the additional waiver for the 22-mile Hidalgo County levee project – should cover the remainder of additional fence construction that SBI will accomplish in 2008. 4. We have already performed environmental analyses – either environmental impact statements, or environmental assessments – on _____ miles of the lands covered by this waiver. In these areas, the result has been a finding of no significant environmental impact. Even so, we have made efforts at environmental remediation in these areas, including [list examples that relate specifically to these areas in the waiver.] 5. The Department of Interior, one of our federal partners in making sure we are good stewards of the land, has suggested that – for the land managed by DOI, we require a waiver in order to build, because DOI’s authorities (specifically [statute]), would prevent such construction otherwise. The pertinent text of DOI’s letter is below: … 6. [If this is the case] Even so, and even though the laws compelling us to do so have been waiver, we plan to perform our own environmental analysis [?] of these lands, and incorporate the results of that analysis into the design and construction of the fence, so we may continue to be good environmental stewards. 7. Finally, no environmental analysis has yet been done on _____ miles of the area to which the waiver applies. Before construction commences in these areas, we will perform environmental work to determine if there are any factors that should be incorporated into the design or construction of the fence. 8. The upshot is that, before SBI begins construction in any area covered by this waiver, an environmental analysis will have been done, and any relevant findings from that analysis will be considered by SBI in the construction of the fence. Thanks – please let me know if you can do a quick turn.

OBP004705

From: (b) (6) Sent: Friday, March 28, 2008 1:37 PM To: (b) (6) Subject: RE: Waiver Statement When I read sentences like this, I think we’re dealing with an un-updated statement: “ Through

the SBI program, DHS is planning to install additional border infrastructure on approximately 700 miles of the southwest border, including pedestrian and vehicle fencing, roads, and virtual detection technology.” Is planning? 700 miles?

From: (b) (6) Sent: Friday, March 28, 2008 1:30 PM To: (b) (6) Subject: Waiver Statement Why does it only talk about the Border Patrol FY 2006 report, not the FY 2007? If there was a 2007 report, please get me some sentences immediately to put into the statement.

(b) (6)

General Counsel, Acting U.S. Department of Homeland Security (office) (b) (6) (mobile) (b) (6) Confidential Assistants:

(b) (6)
This message and any attachments may contain attorney-client communications, attorney work product, and department deliberative communications, all of which may be privileged and not subject to disclosure outside the department or to the public. Consult with the Department of Homeland Security, Office of the General Counsel, before further disseminating any information contained in this e-mail.