From: To: Schaeffer, Suzanne R. (b)(6) Cc: Subject: Meeting with Tohono 0"odham Nation in February Date: Attachments: Monday, January 30, 2017 12:34:51 PM imacie001.cinci Good morning (b)(6) We wanted to touch base with you on behalf of the Tohono O'odham Nation, which as you know shares a 75-mile border with Mexico, has tribal citizens living in both the US and Mexico, and has a long-time working relationship with CBP to secure the border. The Nation would like the opportunity to speak with officials at DHS in light of the new executive order on the border wall -- to provide information about the Nation, the ongoing border security efforts involving the Nation and CBP, and discuss implementation of the executive order. The Nation will be in D.C. the week of February 13th for the NCAI winter session, so we were hoping that we could schedule something then, preferably on Wednesday (2/15) or Thursday (2/16). The Nation would like to meet with the new Secretary, if at all possible, given the significance of this issue. I am copying(b)(6) on this email, because I believe both of them have previously met with the Nation and are aware of the Nation's borderrelated issues, and may be able to help facilitate a meeting with the Secretary and/or other appropriate officials. Thank you for whatever you can do to assist with this request. Susi Schaeffer .t...ADENTONS Suzanne R. Schaeffer Counsel D +1 202 408 7097 I US Internal 27097 (b)(6) Bio I Website Assistant: (b)(61 Dentons US LLP 1900 K Street, NW, Washington, DC 20006 )04, Salans FMC SNR Denton McKenna Long Dentons is a global legal practice providing client services worldwide through its member firms and affiliates. This email may be confidential and protected by legal privilege. If you are not the intended recipient, disclosure, copying, distribution and use are prohibited; please notify us immediately and delete this copy from your system. Please see dentons.com for Legal Notices. DHS-17-0054-A-000001 From: To: Schaeffer, Suzanne R. (b)(6) Subject: Date: RE: Week of 2/13 - Tohono 0"odham Nation, Likely request for meeting Monday, January 30, 2017 12:22:23 PM Attachments: image001.ong You're the best. Thank you, working on the request now. AA DE NTONS Suzanne R. Schaeffer Counsel D +1 202 408 7097 I US Internal 27097 (b)(6) Bio I Website Assistant (b)(6) Dentons US LLP 1900 K Street, NW, Washington, DC 20006 ?? Salans FMC SNR Denton McKenna Long Dentons is a global legal practice providing client services worldwide through its member firms and affiliates. This email may be confidential and protected by legal privilege. If you are not the intended recipient, disclosure, copying, distribution and use are prohibited; please notify us immediately and delete this copy from your system. Please see dentons.com for Legal Notices. (b)(6) From: (b)(6) Sent: Monday, January 30, 2017 12:18 PM To: Schaeffer, Suzanne R. Subject: FW: Week of 2/13 - Tohono O'odham Nation, Likely request for meeting Susi: Just FYI — this is what I sent to get this rolling on my side. (b)(6) (b)(6) (b)(6) From: (b)(6) Sent: Monday, January 30, 2017 12:13 PM To (b)(6) (b)(6) CC b)(6) (b)(6) (b)(6) (b)(6) b)(6) b)(6) b)(6) Subject: Week of 2/13 - Tohono O'odham Nation, Likely request for meeting Hi All, DHS-17-0054-A-000002 Heads up: Just got off the phone with Suzie Schafer (b)(6) DC representative for Tohono O'odham Nation, and there is likely a request for a meeting coming with senior leadership during the week of the 13th since they will be making Hill visits. Not sure if request will be for Secretary Kelly or Commissioner McAleenan. Understand they definitely would like to meet with at least (b)(6) I will send as soon as I get anything. (b)(6) (b)(6) Director, Tribal Government Affairs Department of Homeland Security (b)(6) Free Awareness Training Course: Building Partnerships with Tribal Governments DHS-17-0054-A-000003 (b)(6) From: To: Crth offor qii7anno (b)(6) Cc: (b)(6) . r (b)(6) (b)(6) Subject: RE: Meeting with Tohono 0"odham Nation in February Date: Attachments: Tuesday, January 31, 2017 7:32:00 AM imaae001.0no Hi Susi, Thanks so much for the note and ask of the Department. The Department of Homeland Security, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement looks to continue the long-standing relationship with the Tohono O'odham Nation in implementing efforts to secure the border. Thanks for your kind words on the phone of the Nation's appreciation for the continued nation-to-nation relationship and collaborative efforts of CBP. For timing, NCAI has asked the Department to support a breakout session at their Executive Council Winter Session the afternoon of the 15th so I would be available to meet around (either before or after) that time, but understand the importance of this meeting with CBP leadership. I just wanted to give you the heads-up that that meeting is scheduled from 1:00-3:30. Our likely timing for more a responsive answer of possible attendees, dates and times is early next week. Just wanted to let you know we are working on this. Take care, (b)(6) (b)(6) (b)(6) From: Schaeffer, Suzanne R. (b)(6) Sent: Monday, January 30, 2017 12:34 PM lbye) To(b)(6) (b)(6) CC: ("6) (b)(6) (b)(6) (b)(6) (b)(6) (b)(6) Subject: Meeting with Tohono O'odham Nation in February Good morning (b)(6) We wanted to touch base with you on behalf of the Tohono O'odham Nation, which as you know shares a 75-mile border with Mexico, has tribal citizens living in both the US and Mexico, and has a long-time working relationship with CBP to secure the border. The Nation would like the opportunity to speak with officials at DHS in light of the new executive order on the border wall -- to provide information about the Nation, the ongoing border security efforts involving the Nation and CBP, and discuss implementation of the executive order. The Nation will be in D.C. the week of February 13th for the NCAI winter session, so we were hoping DHS-17-0054-A-000004 that we could schedule something then, preferably on Wednesday (2/15) or Thursday (2/16). The Nation would like to meet with the new Secretary, if at all possible, given the significance of this issue. I am copying Acting Assistant Secretary Alaina Clarke and Mary Hyland on this email, because I believe both of them have previously met with the Nation and are aware of the Nation's borderrelated issues, and may be able to help facilitate a meeting with the Secretary and/or other appropriate officials. Thank you for whatever you can do to assist with this request. Susi Schaeffer Aii.DENTONS Suzanne R. Schaeffer Counsel D +1 202 408 7097 US Internal 27097 (b)(6) B.E2 I Wail511.e Assistant (b)(6) Dentons US LLP 1900 K Street, NW, Washington, DC 20006 Salans FMC SNR Denton McKenna Long Dentons is a global legal practice providing client services worldwide through its member firms and affiliates. This email may be confidential and protected by legal privilege. If you are not the intended recipient, disclosure, copying, distribution and use are prohibited; please notify us immediately and delete this copy from your system. Please see dentons.com for Legal Notices. DHS-17-0054-A-000005 RESOLUTION OF THE TOHONO O'ODHAM LEGISLATIVE COUNCIL (Border Security and Immigration Enforcement on the Tohono O'odham Nation) RESOLUTION NO. 17-0.51 WHEREAS, the Tohono O'odham and our ancestors have from time immemorial inhabited 2 lands from the Gila River area in present-day Arizona south to the Sea of Cortez 3 in northern Mexico and the Constitution of the Tohono O'odham Nation 4 provides, "It shall be the policy of the Tohono O'odham Nation to seek the return 5 to the Tohono O'odham Nation of lands and natural resources, including 6 minerals and water rights, within or adjacent to the Tohono O'odham Nation, or 7 which originally were a part of the historic Papagueria." (Constitution, Article 8 XVI, Section 9); and 9 WHEREAS, in 1854 the United States created an international boundary with Mexico that 10 cuts through Tohono O'odham lands and that forms the 62-mile southern 11 boundary of the Tohono O'odham Nation's main reservation; and 12 WHEREAS, the Nation's members experience the direct negative impacts from illegal 13 immigration and drug trafficking across the international boundary, including 14 violence and crime, damage to the Nation's cultural resources, increased 15 demands on tribal law enforcement, illegal dumping, and environmental 16 degradation; and 17 WHEREAS, unlike national forests, wilderness areas, and other federal lands on the 18 international boundary dividing the United States and Mexico, the Nation's 19 reservation is not public land, it is reserved for the benefit of the Nation and its 20 members, and the Nation has a duty to ensure that tribal members' rights and 21 the Nation's sovereignty are protected; and 22 WHEREAS, the Constitution of the Tohono O'odham Nation vests the Tohono O'odham 23 Legislative Council with the power to consult with the Congress and federal 24 agencies regarding federal activities that affect the Tohono O'odham Nation, 25 and federal agencies are required by Executive Order No. 13175, presidential 26 memorandums, and departmental and agency policies to consult and 27 collaborate with affected Indian tribes on federal policies and actions having a 28 substantial direct effect on tribes (Constitution, Article VI, Section 1(I) and (j)); 29 and DHS-17-0054-A-000006 RESOLUTION NO. 17-053 (Border Security and Immigration ruforcementon the Tohono O'odham Nation) Page 2 of 6 1 WHEREAS, the duty to protect Nation's lands and resources, and its sovereignty and 2 jurisdiction, including in the Nation's dealings with the United States Customs and Border Protection ("CBP"), Immigration and Customs Enforcement (ICE"), 4 and other agencies within the United States Department of Homeland Security 5 ("DHS") operating on the Nation's boundary with Mexico, is consistent with the 6 DIIS Tribal Consultation Policy in which, "The United States recognizes the right 7 of Federally-recognized Indian Tribes ("Indian Tribes") to self-government. 8 Indian Tribes exercise inherent sovereign powers over their members and 9 territories... DHS Tribal Consultation Policy, I.A.; and 10 WHEREAS, the Nation has for decades authorized border security measures designed to 11 counter drug- and human-trafficking and other border crimes when those 12 measures protect Nation's members, lands and resources, and the security of 13 the United States while respecting the Nation's sovereignty and members' 14 rights; and 15 WHEREAS, the Nation has authorized the construction and maintenance of physical vehicle 16 barriers along the Nation's southern border subject to compliance with the 17 National Environmental Policy Act, Federal Water Pollution Control Act, the 18 National Historic Preservation Act, Native American Graves Protection and 19 Repatriation Act and additional laws (Resolution No. 04-095, as amended; 20 Resolution No. 08-705); and 21 WHEREAS, the Nation has supported the construction and operation of two CBP forward 22 operating bases on the Nation's lands, an on-reservation ICE office, and CBP 23 checkpoints on reservation highways. Provided that human and civil rights of 24 the Nation's members are respected and subject to additional conditions; and 25 WHEREAS, the Nation leads a multi-agency anti-drug smuggling task force staffed by 26 Tohono O'odham Police Department detectives, ICE Homeland Security 27 Investigations special agents, Border Patrol agents, and the Federal Bureau of 28 Investigation through the Native American Targeted Investigations of Violent 29 Enterprises task force, the only tribe-led High Intensity Drug Trafficking Area 30 ("HIDTA") task force in the United States, and the Nation continues to support DHS-17-0054-A-000007 RESOLUTION NO. 17-043 (Border Security and Immigration Enforcement on the fohono O'odham Nation) - Page 3 of 6 1 the federal funding, full staffing, and deployment of ICE's all-Native American 2 Shadow Wolf tactical unit on Nation's lands; and 3 WHEREAS, the Nation has supported the construction and maintenance of the roadway 4 along the Mexican border that CBP uses to patrol the international boundary, 5 and the Nation continues to work on and seek funding to improve its roadways 6 near the border, which are heavily used and impacted by CBP, for the benefit of 7 Nation's members and law enforcement; and WHEREAS, the Nation supports entering into a government-to-government agreement with the OHS as recommended by the Government Accountability Office Report GAO- 9 10 13-352 to improve coordination between OHS and the Nation; and [ WHEREAS, on January 25, 2017, President Trump issued Executive Order 13767, "Border 12 Security and Immigration Enforcement Improvements," directing the 13 construction of a physical wall on the United States's southern border with 14 Mexico (Executive Order 13767, Section 2(a) and Section 15 an; d supported the WHEREAS, while the Nation coordinates closely with CBP and ICE and and 16 construction of vehicle barriers, the Nation opposes the construction of a wall 17 on its southern boundary with Mexico; and 18 WHEREAS, a continuous wall on the Nation's southern boundary would 19 further divide the Nation's historic lands and communities; and 20 prevent Nation's members from making traditional crossings for 21 domestic, ceremonial, and religious purposes, including the annual St. 22 Francis pilgrimage to Magdalena, Mexico and cultural runs; 23 deny tribal members access to cultural sites, ceremonies, and traditional 24 cemeteries for burying family members; 25 prevent wildlife from conducting migrations essential for survival and 26 general life, health and existence; 27 injure endangered species such as the jaguar and other wildlife sacred to 28 the Tohono Otodham; 29 destroy saguaro cactus and other culturally significant plants; 30 • militarize the lands on the Nation's southern boundary; DHS-17-0054-A-000008 RESOLUTION NO. 17-033 (Border Security and Immigration Enforcement on the Tohono O'odham Nation) Page 4 of 6 disturb or destroy tribal archeological, sacred sites, and human remains; 2 and 3 WHEREAS, the Nation has likewise opposed the waiver of federal, state, and other laws 4 under section 102(c) of the Illegal Immigration Reform and Immigrant 5 Responsibility Act of 1996 ("IIRIRA"), as amended, for the construction of border 6 fencing and roads as unnecessary, destructive, and in violation of the federal 7 obligation to interact with Indian tribes on a government-to-government basis 8 and to respect tribal sovereignty and self-determination (Resolution No. 08-062); 9 and 10 WHEREAS, Executive Order 13767 also cites the need for additional federal agents on the 11 southern border but does not provide funding for ICE's Shadow Wolf tactical 12 patrol unit, an all-Native American force of ICE tactical officers operating on the 13 Nation's lands that is staffed at less than 30% of its originally authorized 14 strength; and 15 WHEREAS, the Domestic Affairs, Agricultural and Natural Resources, Appropriations, and 16 Cultural Preservation Committees, in consultation with the Nation's Chairman, 17 recommend that the Legislative Council affirm the Nation's position on border 18 security and immigration enforcement on the Tohono O'odham Nation. 19 20 NOW, THEREFORE, BE IT RESOLVED that the Tohono O'odham Legislative Council supports 21 the construction and maintenance of vehicle barriers on the Nation's southern boundary with Mexico in accordance with prior Legislative 22 Council resolutions and laws of the Nation, and federal laws and 23 regulation governing the use of tribal lands; 24 (1) (2) consultation, collaboration, and direct tribal participation by the Nation 25 26 and all affected tribes in the development of the IS Secretary's 27 policies or actions implementing Executive Order 13767 and other 28 border security measures; entering into a government-to-government agreement with the OHS to comprehensive study of the security of the southern border and any 29 30 (3) 31 (4) 32 improve on-reservation border security coordination; and adequate funding for the maintenance and repair of reservation roadways jointly used by CRP and Nation's members; DHS-17-0054-A-000009 RESOLUTION NO. 17-053 (Border Security and Immigration Enforcement on the Tohono O'odham Nation) Page 5 of 6 2 (5) 3 funding for the Native American Targeted Investigations of Violent Enterprises HIDTA Task Force; 4 (6) funding and restored staffing of the ICE Shadow Wolf tactical unit; and 5 (7) funding to nu on-reservation public safety radio coverage gaps and allow 6 for Tohono O'odham Department of Public Safety to communicate 7 directly with CBP and other law enforcement partners. 8 9 BE IT FURTHER RESOLVED that the Tohono O'odham Legislative Council opposes (1) 10 11 12 the construction of a physical wall on the Nation's southern boundary; and (2) the application of IIRIRA Section 102(c) waivers of federal and other laws on the Nation's lands. 13 BE IT FINALLY RESOLVED that the Nation's official representatives are authorized to present 14 the terms of this resolution and other resolutions and positions previously 15 approved by the Tohono O'odham Legislative Council to the federal government, 16 state and local governments and other Indian tribes or their departments, 17 agencies, or political subdivisions, private persons and organizations, including 18 but not limited to the National Congress of American Indians and Inter Tribal 19 Council of Arizona. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 The foregoing Resolution was passed by the Tohono O'odham Legislative Council on the 0 day of FEBRUARY, 21)17 at a meeting at which a quorum was present with a vote of 2,279.3 FOR; 742 1 AGAINST; -A- NOT VOTING; and 1041 ABSENT, pursuant to the powers vested in the Council by Article III; Article VI, Section 'WIDOW). and Section 2(d); Article XVI; and Article XVIII of the Constitution of the Tohono O'odham Nation, adopted by the Tohono O'odham Nation on January 18, 1986; and approved by the Acting Deputy Assistant Secretary - Indian Affairs (Operations) on March 6, 1986, pursuant to Section 16 of the Act of June 18, 1934(48 Stat.984). TOHONO O'ODHAM LEGISLATIVE COUNCIL T" • (IUD/1k f-5 8k, hy Joaquin, Legislative Chairman day of ,2017 DHS-17-0054-A-000010 RESOLUTION NO. 1.7-053 (Border Security and Immigration Enforcement on the Tohono O'odham Nation) Page 6 of 6 1 AT 2 3 4 Evonne Wilson, Leg lathe Secretary 5 ,2017 day of 6 7 Said Resolution was subm,ed for appro o the office of the Chairman of the Tohono 8 O'odham Nation on the day of , 2017 at S-NC/ o'clock, 9 pursuant to the provisions of Section 5 ol Article VuI of the Constitution and will become 10 effective upon his approval or upon his failure to either approve or disapprove it within 48 11 12 hours of submittal. 13 TOHONO O'ODHAM LEGISLATIVE COUNCIL 14 15 16 17 hy Joaquin, Legislative Chairman 18 19 20 21 22 ,2017 day of on the 4 APPROVED 23 24 5-o'clock, 25 1 1 DISAPPROVED 26 27 28 EDWARD D. MANUEL, CHAIRMAN 29 TOHONO O'ODHAM NATION 30 31 32 33 34 Returned to the Legislative Secretary on the el.6 day of 35 36 ci;clock, , 2017, at 37 38 39 40 islative Seer Evonne Wilson, 41 42 43 44 45 46 47 48 49 50 51 52 53 7 p a_1146k,-C;K HI DHS-17-0054-A-000011 RESOLUTION NO. 17a3 ACTION: BORDER SECURITY AND IMMIGRATION ENFORCEMENT ON THE TOHONO O'ODHAM NATION MOVED: COUNCILMAN BILLMAN LOPEZ DATE: SECOND: COUNCILMAN ANTHONY J. FRANCISCO, JR. FEBRUARY 07.2017 DISTRICT LEGISLATIVE REPRESENTATIVES BAROOUIVARI 367.2 CHUKUT KUK 332.1 GU ACIII 265.0 GU VO 250.6 HICKMAN 205.8 PISINEMO 219.9 SAN LUCY 226.5 SAN XAVIER 228.6 SCHUK TOME 180.6 SELLS 513.5 SIF OIDAK 231.6 # OF VOTES 1. FRANCES MIGUEL (Roberta E. Harvey) 2. VERNON 1. SMITH (Absent) (Gloria Zazucta) (Present) 153.60 1. ETHEL GARCIA (Marla Kay Henry) 2. MILLMAN LOPEZ (Patricia Vicenti) 166.05 1. TIMOTHY L. JOAQUIN (Louis L. Johnson) 2. LORETTA LEWIS ( ) 132.50 1. GRACE MANUEL (Dallas Lewis) 2. PAMELA ANGIIILL (Jeffery Antone, Sr.) 125.30 133.60 166.05 132.50 125.30 1. LOUIS R. LOPEZ (Absent) (Shirley Molina) (Present) 2. SANDRA ORTEGA ( ) 102.90 1. CHESTER ANTONE (Absent) (Caroline D. Garcia) (Present) 2. MONICA K. MORGAN ( I 109.95 1. DIANA MANUEL (Lorraine Eiler) 2. JANA MONTANA (Gloria Ramirez) 113.25 I. DANIEL L.A. PRESTON III (Absent/ (Felicia Nunez) (Present) 2. RACIIFAL VILSON-STONER (Olivia Villegas-Liston) 1. ANTHONY 1. FRANCISCO JR. ( ) 2. OUINTIN C. LOPEZ (John Fendenheim) 102.90 109.95 113.25 AGAINST X X X X X X X X X X X X X X 114.3 X 90.3 256.75 I. LUCINDA ALLEN ) ( 2. MARY LOPEZ ) ( 115.110 ABSENT X X 90.3 NOT VOTING X 114.3 1. ARTHUR WILSON (Beverly Rivas) 2. BARBARA HAVIER (Idaleen Reyes) TOTAL FOR X x X X 256.75 X x 115.50 X 3,021.4 2,279.3 X 742.1 DHS-17-0054-A-000012 [041 From: To: Subject: Date: Attachments: (b)(6) Schaeffer, Suzanne R. (b)(6) RE: Meeting with Tohono 0"odham Nation in February Friday, February 10, 2017 5:56:25 PM image001.png we will try to narrow down the attendees so we don't have so many folks. From the prior list I sent, you can delete ("6) -- he will NOT be attending. I will try to whittle that list down further. But we would like to add three more people (all citizens): Billman Lopez, Legislative Council Jana Montana, Legislative Council Laura BergIan, Acting Attorney General for the Nation Is the room big enough? Tell me if we have to limit attendance further. And thank you again so much for pulling this together. Susi AALDENTONS Suzanne R. Schaeffer Counsel D +1 202 408 7097 I US Internal 27097 (b)(6) BigI Website Assistant: (b)(6) Dentons US LLP 1900 K Street, NW, Washington, DC 20006 kJi Salans FMC SNR Denton McKenna Long Dentons is a global legal practice providing client services worldwide through its member firms and affiliates. This email may be confidential and protected by legal privilege. If you are not the intended recipient, disclosure, copying, distribution and use are prohibited; please notify us immediately and delete this copy from your system. Please see dentons.com for Legal Notices. From: Munro, David t,‘,1 13)(6) Sent: Friday, Februa iu, euit 1U:40 HIVI To: Schaeffer, Suzanne R. Subject: RE: Meeting with Tohono O'odham Nation in February Whichever is most convenient as the initial door checks do not require ID or clearance. I will wait by the check-in area at CBP which is on 14th street in the southwest corner of the complex. David T. Munro (b)(6) DHS-17-0054-A-000013 From: Schaeffer, Suzanne R. (b)(6) Sent: Friday, February 10, 2017 10:32 AM To: ("6) tb)(6) Subject: RE: Meeting with Tohono O'odham Nation in February Great, I think that is everyone but just sent an email our there to make sure. What entrance should we come in? Thank you! Adi.DENTONS Suzanne R. Schaeffer Counsel D +1 202 408 7097 I US Internal 27097 (b)(6) Jajo I Website Assistant (b)(6) Dentons US LLP 1900 K Street, NW, Washington, DC 20006 Salans FMC SNR Denton McKenna Long Dentons is a global legal practice providing client services worldwide through its member firms and affiliates. This email may be confidential and protected by legal privilege. If you are not the intended recipient, disclosure, copying, distribution and use are prohibited; please notify us immediately and delete this copy from your system. Please see dentons.com for Legal Notices. (b)(6) From: Munro, David Sent: Friday, February 10, 2017 10:13 AM To: Schaeffer, Suzanne R. Subject: RE: Meeting with Tohono O'odham Nation in February Hi Susi: Yes, sorry thought I included you in the meeting calendar 1:00 on the 16th at CBP. Liz, who you have met, and I will meet you in the lobby before 1:00. I think CBP will have 5-6. Mary will definitely be there and steering that. Here are names CBP is clearing. Edward D. Manuel, Chairman Verlon M. Jose, Vice Chairman Timothy Joaquin, Legislative Chairman Ethel Garcia, Legislative Council Loretta Lewis, Legislative Council Grace Manuel, Legislative Council Chester Antone, Legislative Council DHS-17-0054-A-000014 Staff: Jasper V. Kinsley Jr., Executive Assistant P. Michael Ehlerman, Legislative Attorney Suzanne R. Schaeffer, Dentons V. Heather Sibbison, Dentons (b)(6) (b)(6) From: Schaeffer, Suzanne R. (b)(6) Sent: Friday, February 10, 2017 10:10 AM To (b)(6) (b)(6) 4 Subject: RE: Meeting with Tohono O'odham Nation in February Hi (b)(6) are we on for the meeting? What information do you need from us for the attendees? Thanks. Susi AJI,DENTONS Suzanne R. Schaeffer Counsel D +1 202 408 7097 I US Internal 27097 (b)(6) Bio I Website Assistant: (b)(6) Dentons US LLP 1900 K Street, NW, Washington, DC 20006 )(FA Salans FMC SNR Denton McKenna Long Dentons is a global legal practice providing client services worldwide through its member firms and affiliates. This email may be confidential and protected by legal privilege. If you are not the intended recipient, disclosure, copying, distribution and use are prohibited; please notify us immediately and delete this copy from your system. Please see dentons.com for Legal Notices. From: Munro, David (b)(6) Sent: Wednesday, February 08, 2017 1:43 PM To: Schaeffer, Suzanne R. Subject: RE: Meeting with Tohono O'odham Nation in February Lets lock in 1:00. I pinged Mary and she is finding room. David DHS-17-0054-A-000015 (b)(6) Director, Tribal Government Affairs Department of Homeland Security (b)(6) From: Schaeffer, Suzanne R. Sent: Wednesday, February 08, 2017 11:56:15 AM To: (b)(6) Subject: RE: Meeting with Tohono O'odham Nation in February Yes, thank you so mucllb)(6) Let me know when you can confirm the 1 pm time on Thursday -- I have a hold on it. Thanks! ..*.JILDENTONS Suzanne R. Schaeffer Counsel D +1 202 408 7097 I US Internal 27097 1(b)(6) ikI Website Assistant (b)(6) Dentons US LLP 1900 K Street, NW, Washington, DC 20006 )~o" '""'"o9. PREDECISIONAL/FOR OFFICIALUSEONLY 16 BW4 FOIA CBP 000019 DHS-17-0054-B-000019 FY 2017 Priorities Map - RGV (b) (7)(E) ~~ \~ -z Homeland Security PREDECISIONAL/FOR OFFICIALUSEONLY 17 BW4 FOIA CBP 000020 DHS-17-0054-B-000020 - FY 2017 Request Overview - SDC USBP has also identified mileage in SOC for construction: (b) (7)(E) miles of enforcement zone in SOC in the (b) (7)(E) (b) (7)(E) miles of new border arrier (replacing secondary fence) Why San Diego? Readily executable due to Federally-owned land Supported by Analys is (b) (7)(E) (b) (7)(E) miles of border barrier replacement (replacing primary legacy landing mat) t'9o ~ Homeland Security PREDECISIONAL/FOR OFFICIALUSEONLY 18 BW4 FOIA CBP 000021 DHS-17-0054-B-000021 FY 201 7 Priorities Map - SDC (b) (7)(E) .t 1';oHomeland Security Aiu"' stnr indicates Border Infrastructure System , the location for new and replacement border barrier construction PREDECISIONAL/FOR OFFICIALUSEONLY BW4 FOIA CBP 000022 DHS-17-0054-B-000022 19 FY 2018 Request RGV and TCA and/or ELP ao Homeland \~<.t" ,~~f Security 0 PREDECISIONAL/FOR OFFICIAL USEONLY 20 BW4 FOIA CBP 000023 DHS-17-0054-B-000023 FY 2018 Request Overview - RGV While USBP is in the process of finalizing requirements for border barrier, we have preliminary identified needs in RGV. (b) (7)(E) Construction of -- additional miles of new border barrier (b) (7)(E) system in the Station AOR Why RGV? RGV is the (b) (7)(E) RGV Initial Requirements Document Identifies (b) (7)(E) Supported by Analysis (b) (7)(E) 1ao Homeland '\ifJ f Security PREDECISIONAL/FOR OFFICIALUSEONLY 21 BW4 FOIA CBP 000024 DHS-17-0054-B-000024 FY 2018 PrioritiesMap - RGV (b) (5) t-9 9. Homeland Security PREDECISIONAL/FOR OFFICIALUSEONLY 22 BW4 FOIA CBP 000025 DHS-17-0054-B-000025 FY 2018 Request Overview El Paso and Tucson Sectors (b) (5) (b) (7)(E) (b) (7)(E) WhyTCA? (b) (7)(E) 9 oHomeland Security \'9' t Why EPT? Improve deficient impedance and denial capability and initiate same in critical areas where none exists. PREDECISIONAL/FOR OFFICIALUSEONLY 23 BW4 FOIA CBP 000026 DHS-17-0054-B-000026 FY 2018 PrioritiesMap - TCA & EPT (b) (5) 1- 1. 9 )~Homeland Security PREDECISIONAL/FOR OFFICIALUSEONLY 24 BW4 FOIA CBP 000027 DHS-17-0054-B-000027 BACKUP o ~ Homeland Security PREDECISIONAL/FOR OFFICIAL USEONLY 25 BW4 FOIA CBP 000028 DHS-17-0054-B-000028 The EnforcementZone (b) (7)(E) f~ 9. Homeland 9 t Security .. PREDECISIONAL/FOR OFFICIALUSEONLY 26 BW4 FOIA CBP 000029 DHS-17-0054-B-000029 The Enforcement Zone (b) (7)(E) 1- \9' ,~ Homeland Security PREDECISIONAL/FOR OFFICIALUSEONLY 27 BW4 FOIA CBP 000030 DHS-17-0054-B-000030 BorderInfrastructureSystem - SDC (b) (7)(E) t~ 9.Homeland \.~ Security PREDECISIONAL/FOR OFFICIALUSEONLY 28 BW4 FOIA CBP 000031 DHS-17-0054-B-000031 .Sample BorderBarrier (b) (7)(E) "'II; -\~ .. NDS~ E,v.. Homeland Security PREDEc1s1_oNAL/ FOR 0FF1c1ALusE ONLY 29 BW4 FOIA CBP 000032 DHS-17-0054-B-000032 Homeland Security (b)(6);(b)(7)(C) TOHONO O 'O DHAM NATION OFFICE OF THE CHAIRMAN AND VICE CHAIRMAN EDWA RD D. MAN U EL VERLON M . JOSE CHAIRMAN VI CE CHAIRMAN March 9, 2017 Chief Patrol Agent _(b)(6);(b)(7)(C) , Acting Tucson Sector Chief Tucson Sector Headquarters (b)(6);(b)(7)(C) Tucson, AZ 85711 cf (b)(6);(b)(7)(C) (b)(6);(b)(7)(C) SEND VIA EMAIL Re: Initiating Consultation on Executive Order 13767 and Related Border Security Proposals and Strategies on the Tohono O'odham Nation (b)(6);(b)(7)(C) Dear Acting Chief- : In response to the issuance of Executive Order 13767, ""Border Security and Immigr atio n Enforcement Improvements," on January 25, 2017, Secretary Kelly' s February 20, 2017 memorandum , "Implementing the President's Border Security and Immigration Enforcement Improvem ent s Policies," and CBP's February 24, 2017 solicitation for design and build of prototype wait structu res in the vici nity of the Unites States border with Mexico, the Tohono O'odham Nation is requesting forma l governm ent to-government consultation with Tucson Sector concerning the following: (1) (2) (3) (4) Proposals and timelines for construction of a physical wall or any other barriers, infrastructure, or technology on the Nation ' s 62-mile southern border with Mexico; The relationsh ip between the currently proposed Integrated Fixed Tower proj ect on the Nation, Includ ing related access and approach roads, and the construction of a border wa ll or oth er barriers and infrastructure; The comp rehensive study of the security of the southern border, inclu ding the current stat e of southern border security on the Nation, and the strategy to obta in and maintain complete operat ional control of the southern border that is to be completed with in 180 days of issuance of Executive Order 13767; and The application of agreements under section 287(g) of the Immigration and Nation ality Act (8 U.S.C.1101 et seq.), or otherwise , to authorize state and local law enforc ement officials to perfor m t he functions of immigration officers on the Natio n. 1 P.O . B o x 837, SE L LS , A R LZO NA 85634 P HONE:52 0. 3 83 .2 0 2 8 FAX :520 . 383 . 33 7 9 BW4 FOIA CBP 000034 DHS-17-0054-B-000034 Pursuant to the Department of Homeland Security Tribal Consultation Policy and unde rlying consultation executive orders and memorandums, DHS proposals and policies that have tr ibal implications for the Nation require "direct, timely , and interactive involvement" of the Nation's government "pr ior to adopting policies or taking actions ." DHSTribal Consultation Policy, 11 .8. and Ill.A. DHS's implementation of Executive Order 13767 and other border security measures on the Tohono O'o dham Nation and the Nation's 62-mile internationa l boundary with Mexico directly impact the Nation and therefore require advance consultation. During our February 16, 2017 meet ing w ith the Department of Homeland Security in Washington , D. C., Executive Director for Intergovernmental Public Liaison-(b)(6);(b)(7)(C) advised me and the rest of the Nation's delegation that the Tucson Sector is responsible for evaluating the current st ate of southern border security on the Nation and will make recommendat ions for im plementing Execut ive Order 13767, and that the Sector is primarily responsible for consulting with the Nation on the se issues. I am therefore requesting that a consultation meeting occur within the next 10 days to ensure consultation is timely and the Nation's input is incorporated into DHS's 180-day report to the president and into other border security policies and proposa ls affecting the Nation. Please also advise if ICEor other DHSagencies are needed at this meet ing to effectively consult on the issues identified above . Thank you. Sincerely, ~J)-~ Edward D. Manuel, Chairman cc: (b) (6) (b) (6) (b) (6) Chairman, Domestic Affairs Committee, , Vice-Chairwoman, Domestic Affairs Committee, (b) (6) Legislative Council Agricultural and Natural Resources Committee Legislative Council Appropriations Committee Legislative Domestic Affairs Committee (b) (6) Acting Attorney General, . . . . (b) (6) : .' o (b) (6) (b) (6) : . (b) (6) (b) (6) o (b)(6);(b)(7)(C) (b)(6);(b)(7)(C) o o oo o : o (b)(6);(b)(7)(C) Tucson Sector Tribal Liaison, (b)(6);(b)(7)(C) ' o o o : .. . : . 2 BW4 FOIA CBP 000035 DHS-17-0054-B-000035 (b)(6);(b)(7)(C) Tucson, AZ 85711 MAR I O2017 U.S. Customs and Border Protection Edward D. Manuel Chairman, Tohono O'Odham Nation P.O. Box 837 Sells, Arizona 85634 DearChainnan Edward D. Manuel, Thank you for your letter dated March 9, 2017 , requesting fonnal government-to-government consultation with Tucson Sector. We appreciate the opportunity to meet with you and receive your input on the issues identified in your letter. Pursuant to the Department of Homeland Security Tribal Consultati ~ y invite you to consult with us at the Tucson Sector Headqua1ters Building , -(b)(6);(b)(7)(C) o Tucson , Arizona 85711 at 10:00 a.m. on Wednesday March 15, 2017. If you have any additional questions or concerns be~ lease do not hesitate to contact Special Assistant to the Chief Patrol Agent , -(b)(6);(b)(7)(C) at (b)(6);(b)(7)(C) Thank you for reaching out to us and we look forward to meeting with you soon. Very RespectfuJ ly, (b)(6);(b)(7)(C) (A) Chief Patrol Agent Tucson Sector BW4 FOIA CBP 000036 DHS-17-0054-B-000036 (b)(6);(b)(7)(C) MAR2 2 2017 U.S. Customs and Border Protection Edward D. Manuel Chairman , Tohono O'odham Nat ion Post Office Box 837 Sells , Arizona 85634 Dear Chainnan Edward D. Manuel, Thank you for your March 21, 20 l 7 letter concerning our March 17th meeting and your request for consultat ion regarding the implementation of Executive Order I 3 767 and the related border security proposals and strategies on the Tohono O'odham Nation. In your March 21st letter , you stated that the purpose of the March 17th meeting was to discuss Tucson Sector's implementation of Executive Order 13767 and related border security proposals . You noted you were encouraged by agreements Tucson Sector made regarding not invoking Section l 02, eradicating traditional border cross ings, and providing access to state and local Jaw enforcement under 287(g) agreements. We disagree with your characterization of the meeting. It is our understanding that the March 17th meeting was pre-consultative and designed to outline the consultation process that will be used moving forward. Additional ly, Tu cson Sector made no such agreements and lacks autho rity to make any of those promises. In your prior letter of March 9, 2017 and your March 21, 2017 letter , you state that "Tucson Sector is responsible for developing the Executive Order 13767 180 day study and strategy on the Nation's border." As I stated in our in-person meeting , Tucson Sector is not responsible for this 180-day study , and strategy for the Nation's border. Tucson Sector is only identifying its areas' border security requirements to policy-makers in the Border Patrol Headquarters. In your March 21st letter , you stated that Tucson Sector declined to provide details of the strategy for the Nation's border. During ow- discussion, I explained the types of requirements (i.e. physica l barriers , technology , and manpower) that Tucson Sector wi ll be identifying to our Border Patrol Headquarters' office in our upcoming submission. While I certainly understand the desire for specifics related to implementation of the Executive Order , at this time , no decisions have been made regarding imp lementation. Moreover , your March 21st Letterenoneously states that Tucson Sector 's "br ief to the Department of Homeland Security in Washington , D.C. is due on March 27 , 2017." My requirements are due to Border Patrol Headqua1ters, which is a component of Customs and Border Protection (CBP) . Any recommendations or requirements to the Department of Homeland Security wou ld be made by CBP Headqua1ters' leadersllip. BW4 FOIA CBP 000037 DHS-17-0054-B-000037 However , we will agree to meet with you again to further consult concerning these issues and the others identified in your March 21st letter. We invite you to consu lt with us at the Tucson Sector Headquarters Building , (b)(6);(b)(7)(C) Tucson , Arizona 85711 at 9:00 a.m. on Thursday , March 23, 2017. If you have any additiona l quest ions or concerns before the meetin , lease do not hesitate to contact Special Assistant to the Chief Patrol Agent , . Thank (b)(6);(b)(7)(C) you for reaching out to us , and we look forward to meeting with you soon. (b)(6);(b)(7)(C) (A) Chief Patrol Agent Tucson Sector BW4 FOIA CBP 000038 DHS-17-0054-B-000038 TOH ON O O 'ODHAM N ATION OFFICE OF THE CHAIRMAN AND V ICE C HAI RMAN EDWARD D. MANUEL CHAIRMAN VERLON M. JOSE VICE CHAIRMAN March 21, 2017 (b)(6);(b)(7)(C) , Acting Tucson Sector Chief (b)(6);(b)(7)(C) (b)(6);(b)(7)(C) (b)(6);(b)(7)(C) SENT VIA EMAIL Re: Tucson ector Implementation of Executive Order 13767 and Related Border ecurity Proposals and Strategies on the Tohono O odham ation (b)(6);(b)(7)(C) Dear Acting Chief - Thank you for meeting with the Tohono O odham ation on March 17 2017 to discuss Tucson ector s implementation of Executive Order 13767 and related border security proposals. The ation has upported numerous borders curity initiatives o er th years while at the ame time carrying out its obligation to ensure that such measures respect members rights and the ation s sovereignty over its lands and resources. The ation hopes Tucson Sector will work just as closely with the ation in carrying out Executive Order 13767. The implementation of Executi e Ord r 13767 is a federal action or proposal with a "substantial direct effect" that requires "meaningful' consultation engagement and collaboration with the ation under the Department of Homeland Security Tribal Consulta tion Policy. The ation is encouraged that Tucson Sector agrees it will not invoke ection 102 wai ers for projects on the ation s lands will not "eradicate ' traditional border crossing s and will not give state or local law enforcement acces to ation ' s lands through 287(g) agreeme nts or otherwise without the ation s authorization. However , Tucson Sector's unwillingness to provide any details about its implementation of Executive Order 13767 on the ation i inconsistent with the government-to -government relationship between the ation and the Unit d States and the requirements of the Consultation Policy . As we discussed during a February 16 201 7 meeting in Washington D.C. U CBP told the ation's leadership that Tucson Sector is responsible for developing the Executive Order 13767 180-day study and strategy on the ation's border and the Sector would provide the ation with information on implementing these aspects of the Order. Executive Order 13767 Section 4(d). However when the Nation's delegation repeatedly asked for details of the Sector's study and strategy for the. ation s border during our March 17 2017 meeting, the Sector declined to provide this information other than disclosing that Tucson ector s brief to the 1 P.O. BOX 837, SELLS, AR I ZONA 85634 PHO N E: 5 20. 383 .2028 BW4 FOIA CBP 000039 DHS-17-0054-B-000039 FAX:5 20 . 3 83.3 3 79 Department of Homeland Security in Washington , D.C. is due on March 27, 2017. You reported only that the Sector i making "requirement identification determinations without disclosing any of the 'requirements " identified for the ation's lands. The ation cannot provide the inpuf that the Consultation Policy calls for without being provided ufficient details " of Tucson Sector ' s border security study on the ation and the resulting strategy to obtain and maintain complete operational control. Specifically the ation needs to know Tucson Sector's recommendations for constructing a physical wall on all or part of the ation ' s boundary (which the ation opposes by Resolution No. 17-0531), additional vehicle barriers (which the ation has generally supported) : or if Tucson Sector is identifying requirement for technologies, airborne assets, roads, other infrastructure, increased manpower and other measures as a means of implementing Executive Order 13767 s directives. The timeframes for carrying out each of these proposals and actions will also allow the ation to fully evaluate them and provide an informed response. The ation is requesting a similar level of detail concerning the other item in my March 9 2017 letter. Because Tucson Sector ' s brief to the Department is due on March 27 2017 the ation is requesting an in-person meeting on March 23, 2017 at 9:00 a.m. at Tucson ector to hear the details of and tirn frames for Tucson Sector s Executive Order 13767 requirement identification determinations and other plans proposals and actions for the ation ' s lands. The ation looks f01ward to your response. Thank you. incerel cc: Verlon Jose, Vice-Chairman , Tohono O'odham Nation Verlon.Jo e (b) (6) Chairman, Domestic Affairs Committee, (b) (b) (6) , Vice-Chairwoman Domestic Affairs Committee, .. o (b) (6) .. o o o (b)(6);(b)(7)(C) (b)(6);(b)(7)(C) I (b)(6);(b)(7)(C) o oo o I I I I oo oo o (b)(6);(b)(7)(C) (b)(6);(b)(7)(C) (b)(6);(b)(7)(C) (b)(6);(b)(7)(C) . I I o o o o o 1o oo o o :o (b)(6);(b)(7)(C) o o o I I I o o o oo o oo o (b)(6);(b)(7)(C) I !o I o 1 (6) I .. .o (b)(6);(b)(7)(C) o o o I I I I I . I f I I !o o oo o Resolution o. 17-053, " Border Security and Immigration Enforcement on the Tohono O'odham www .tolc-n n.org 'doc action 17117053.pdf . ation " 2 BW4 FOIA CBP 000040 DHS-17-0054-B-000040 (b)(6);(b)(7)(C) . Tucson ector Tribal Liaison (b)(6);(b)(7)(C) (b)(6);(b)(7)(C) Tucson Sector Tribal Liaison, (b)(6);(b)(7)(C) (b) (6) (b) (6) (b) (6) ino Attorney (b) (6) Legislative Attorney, Governmental Affairs Assistant (b) (6) (b) (6) 3 BW4 FOIA CBP 000041 DHS-17-0054-B-000041 Arizona Border Surveillance Technology Plan January 17, 2017 ? What it Is - A plan to deploy proven, off the shelf technology along the border in Arizona. The ATP was developed in 2011 and built upon the lessons learned from SBInet. ? How it Came About - The ATP is an evolution of the Secure Border Initiative's SBInet program. SBInet began in 2006 and was envisioned as a complete national border detection and surveillance technology solution. The contract was awarded to The Boeing Company who was tasked with designing, engineering, and deploying a comprehensive system of cameras, radars, and sensors placed on towers and linked to command and control centers. SBInet suffered numerous technical problems and schedule delays. It was also plagued by poor expectation management. By 2010 however, Boeing had deployed the fixed tower systems in the Tucson and Ajo Station's areas of operation1. The system remains beneficial to agents and has proven very successful in enhancing situational awareness. It was determined however, that at more than $1 billion, it was not a cost effective solution. Part of what made SBInet so expensive was the engineering and development costs associated with the program's ambitious scope. In January 2011, DHS Secretary Napolitano cancelled Boeing Co.'s multibillion-dollar SBInet contract and tasked CBP with formulating a better path forward to acquiring and deploying border technology. This become the Arizona Border Surveillance Technology Plan. ? ATP Concept - The key concepts of the ATP, and how this differs from SBInet, include: o Use Proven Technology - The ATP consists of only proven, existing technology. No ATP funds are utilized for system development or engineering. o No "One-Size" Solution - Because the geography, climate, population density, and land use vary greatly along the Arizona border, the technologies used to 1 - The fixed tower solutions delivered by Boeing under SBInet are known as Block-1. TUS-1 ( (b) (7)(E) AJO-1 ((b) (7)(E) ) was deployed in August, 2010. The prototype system, "(b) (7)(E) was deployed in the (b) (7)(E) AOR from December, 2007 through October, 2010. (b) (7)(E)) was deployed in February, 2010. LAW ENFORCEMENT SENSITIVE Page 1 BW4 FOIA CBP 000042 DHS-17-0054-B-000042 provide effective situational awareness will also differ depending on location. There is no single technology solution that will work in all areas of Arizona. o Analysis of Alternatives - A variety of detection and surveillance technologies are currently available from industry that can be used to provide Border Patrol agents with situational awareness. These technologies vary widely in cost, complexity, and capability. The Analysis of Alternatives process is a fundamental component to the Arizona Surveillance Technology Plan. Under the ATP, the lowest cost, least complex solution capable of meeting operational requirements is used in each area. For example, a radar-based integrated fixed tower is a highly capable, complex, and expensive solution. (b) (7)(E) . - Likewise, an underground sensor is a low cost, simple technology (b) (7)(E) LAW ENFORCEMENT SENSITIVE Page 2 BW4 FOIA CBP 000043 DHS-17-0054-B-000043 The graphic below illustrates the cost & complexity vs. capability for technologies in use at the Tucson Sector. (b) (7)(E) (b) (7)(E) Thischart isfar illustrative purposes only. It is not to scole. NOTE: (b) (7)(E) Tucson Sector. LAW ENFORCEMENT SENSITIVE Page 3 BW4 FOIA CBP 000044 DHS-17-0054-B-000044 ATP Deployment / Where Are We Now - The following systems have been delivered or are planned to be delivered under the ATP: o (b) (7)(E) (Vendor: (b)(6);(b)(7)(C) ) - Status: Complete (September, (b) (7)(E) 2013) (b) (7)(E)(b) (7)(E) (Vendor: (b)(6);(b)(7)(C) ) - Status: Complete o (September, 2013) (b) (7)(E) o (b) (7)(E) (Vendor: (b)(6);(b)(7)(C) ) - Status: Complete - First system delivered in April, 2013 and the final system was delivered in October, 2015. o (b) (7)(E) ? ? ? - (Vendor: ) Station - Status: Complete - Deployment began in February, 2014 and has been completed. System Acceptance Testing (SAT) was completed in January, 2015. Limited User Testing (LUT) has been completed, and formal acceptance occurred in November, 2015. (b) (7)(E) Station - Status: Complete - Deployment is complete and acceptance testing was completed in June, 2016 (b) (7)(E) - Station - Status: Complete - Deployment is complete and acceptance testing was completed in June, 2016. (b) (7)(E) 2 Tucson Sector currently deploys more than procured locally, outside of the ATP. 3 (b)(6);(b)(7)(C) Tucson Sector currently deploys more than locally, outside of the ATP. (b) (7)(E) (b) (7)(E) - . That number beyond the original (b) (7)(E) were . That number beyond the original (b) (7)(E) were procured (b) (7)(E) (b) (7)(E) LAW ENFORCEMENT SENSITIVE Page 4 BW4 FOIA CBP 000045 DHS-17-0054-B-000045 o Integrated Fixed Towers6 (Vendor: ? ? ? 6 ) - Status: Complete - Deployment began in October, 2014 and is now complete. The system passed both SAT and LUT and the Chief of the U.S. Border Patrol conditionally7 certified the system in late February, 2016. (b) (7)(E) (b) (7)(E) - Status: Ongoing - The (b) (7)(E) project began in March, 2016. ? (b)(6);(b)(7)(C) (b) (7)(E) - - Status: Ongoing - The (b) (7)(E) project began in November, 2016 and is ongoing. The project was delayed for about one month due to an expired Special Use Permit from the (b) (7)(E) (b) (7)(E) The system is expected to see use by agents by September, 2017. (b) (7)(E) - - Tohono O'odham Nation (b) (7)(E) - Status: Pending - A few prerequisites need to be completed before project on the Tohono O'odham Nation can begin. These include: ? Completion of Environmental Assessment (EA) - The ecological portion of the EA is pending approval from the U.S. Fish and Wildlife Service. USFWS raised a few questions which CBP will formally answer by mid-January, 2017. ? Final Resolution of Approval from the Nation - Tucson Sector continues with outreach to communities. The project is supported by a majority of the Nation's eleven districts. The final resolution cannot be signed until the EA is complete. It is estimated that the resolution will be in place by May, 2017. Integrated Fixed Towers are similar to (b) (7)(E) 7 Unique to the IFT program was that federal budget language stipulated that the Chief of the U.S. Border Patrol had to certify to congress that the initial deployment of the IFT met U.S. Border Patrol mission requirements before the system could be deployed to other locations. In February, 2016, the Chief conditionally certified that the (b) (7)(E) IFT project met mission requirements. (b) (7)(E) LAW ENFORCEMENT SENSITIVE Page 5 BW4 FOIA CBP 000046 DHS-17-0054-B-000046 ? ? BIA Issuance of Right of Way - BIA is responsible for issuance of the Right of Way required prior to construction. BIA will review the final resolution signed by the Nation and the completed EA. By regulation, BIA has 60 days to complete their review. If the EA and final resolution are completed by May, 2017, an ROW is expected to be issued by July, 2017. oo (b) (7)(E) - (b) (7)(E) (b) (7)(E) ? -- Refresh SBInet Block-1 towers) - Status: Pending - The (b) (7)(E) on the existing Block-1 towers from the -1 (b) (7)(E) project and I from the -1 project) will be updated with IFT technology. The IFT Program Office and the vendor have conducted preliminary studies and believe the existing Block-1 infrastructure can be used. (b) (7)(E) o (b) (7)(E) (b) (7)(E) The IFT PMO expects a contract to be in place for this upgrade by July, 2017. If this happens, work on the towers (b) (7)(E) could begin in early 2018. LAW ENFORCEMENT SENSITIVE Page 6 BW4 FOIA CBP 000047 DHS-17-0054-B-000047 A tentative timeline8 for IFT deployments is shown on the chart below: (b) (7)(E) reject oo---1 (b) (5) I Int ernal Int egrat ion and Testing System Acceptance Test (SAT) Operato r Evaluat ion (b) (7)(E) Towe r Inst allatio n Int erna l Int egrat ion and Test ing System Acceptance Test (SAT) Operato r Evaluat ion Toho no O'odham Nat ion Project Com plete EA Final Resolutio n signed by Tribe BIA Issuance of Row Road Construction Cont ract ing Access Road Construct ion Tow er Construct ion Block-1 Replacement Cont ract Award (b) (7)(E) eployment & C-2 Wo rk - Once completed, the fixed technologies provided under the ATP will provide more than (b) (7)(E) square miles of . (b) (7)(E) 8 This is an estimated timeline based on the information made available to Tucson Sector. LAW ENFORCEMENT SENSITIVE Page 7 BW4 FOIA CBP 000048 DHS-17-0054-B-000048 Tucson Sector Detection and Surveillance Technology Assets January, 2017 (b) (7)(E) (b) (7)(E) LAW ENFORCEMENT SENSITIVE LAW ENFORCEMENT SENSITIVE BW4 FOIA CBP 000049 DHS-17-0054-B-000049 Tucson Sector Current and Planned Fixed Technology Deployment (b) (7)(E) I -oo (b) (7)(E) 0510 20 30 40 ~ M ,les LAW ENFORCEMENT SENSITIVE LAW ENFORCEMENT SENSITIVE BW4 FOIA CBP 000050 DHS-17-0054-B-000050 NOTE: The map on the preceding page shows locations and (b) (7)(E) and planned fixed technology. (b) (7)(E) of current - LAW ENFORCEMENT SENSITIVE BW4 FOIA CBP 000051 DHS-17-0054-B-000051 FOR OFFICIAL USE ONLY CBP RIDE ALONG - NOGALES LINE TOUR February 9, 2017 - Overview: (b)(6);(b)(7)(C) x You will be meeting with Acting Chief (b)(6);(b)(7)(C) and Acting Patrol Agent in Charge (b)(6);(b)(7)(C) A full list of participants is below. x You will receive a border tour from the U.S. Border Patrol Tucson Sector and Nogales Station leadership. x The tour will start at the Nogales International airport via vehicles and continue to the Port of Entry in Nogales, Arizona. x An on the ground overview of technology, personnel, infrastructure and tactics will be presented. - Discussion Points: x Express intent of Department concerning support for the U.S Border Patrol mission. x Outline guidance concerning Executive Orders. Background: x This will be your first visit to U.S. Border Patrol Tucson Sector, Nogales, Arizona Station. x Participants in the tour may discuss recent Executive Orders. x The briefing will include information on: o o Challenges in hiring additional Border Patrol Agents, which is a high concern for the participants; o o CBP's relationship history with the Tohono O'odham Nation, to include infrastructure and technology deployments; o o An overview of Foreign Operations programs including individual programs that support the operational mission; and o o U.S Border Patrol Immigration Checkpoint history and status. Participants: Secretary Kelly Kirstjen Nielsen, Chief of Staff Ron Vitiello, Border Patrol Chief, CBP Gene Hamilton, Advisor to the Secretary Jenny Burke, Press Secretary, OPA (b)(6);(b)(7)(C) Acting Chief Patrol Agent, U.S. Border Patrol, Tucson Sector, CBP (b)(6);(b)(7)(C) Division Chief, U.S. Border Patrol, Tucson Sector, CBP (b)(6);(b)(7)(C) Acting Patrol Agent in Charge, U.S. Border Patrol, Nogales Station, CBP -- Attachments: NON-RESPONSIVE A. B. Tohono O'odham Nation Briefing Paper C. Integrated Fixed Towers on the Tohono O'odham Nation D. ATP Overview: Arizona Border Surveillance Technology Plan E. F. G. NON-RESPONSIVE Staff Responsible for Briefing Memo: (b)(6);(b)(7)(C) Division Chief, CBP, (b)(6);(b)(7)(C) 1 FOR OFFICIAL USE ONLY BW4 FOIA CBP 000052 DHS-17-0054-B-000052 Integrated Fixed Towers on the Tohono O'odham Indian Nation SUMMARY/BLUF The Tucson Sector has been coordinating with the Tohono O'odham Indian Nation on the deployment of fixed technology for more than ten years. The status of the Integrated Fixed Tower (IFT) project, as well as the Sector's overall relationship with the tribe is now at a critical junction. Tribal executive leadership are hoping to schedule a meeting soon with DHS Secretary Kelly. The purpose of this meeting will be to discuss the proposed "border wall". (b) (5) . BACKGROUND The Tohono O'odham Nation (Nation) governs about 4,400 square miles of land in south central Arizona. This is the second largest Native American land holding in Arizona. Sixty-three miles 1 of the tribal land is on the U.S. border with Mexico. Figuire 1 - Toho .no O'odham Natio n, The Tohono O'odham Nation has a population of approximately 28,000 enrolled members. The majority of tribal members live off the reservation. The tribe's resident population is about 11,000. Border Patrol agents from the Tucson Sector's on portions of the Tohono O'odham Nation. (b) (7)(E) all patrol Before discussions of border enforcement operations or fixed surveillance technology deployment on the Nation can be understood, a little background on the history and culture of the tribe is required. Several sources incorrectly state that the tribal land is on 72 or 75 miles of international border. The official reservation designation puts the eastern boundary in the center of the Baboquivari Mountains. Some sources include the eastern slope of these mountains as tribal land resulting in the increased number of border miles. 1 Integrated Fixed Towers on the Tohono O'odham Nation Date of last Revision: January 29, 2017 Page 1 BW4 FOIA CBP 000053 DHS-17-0054-B-000053 Integrated Fixed Towers on the Tohono O'odham Indian Nation Tohono O'odham History For hundreds of years, the O'odham inhabited an area of land in the southwest extending from the Salt River (south of what is now Phoenix, Arizona) through much of northwest Sonora, Mexico. This area is shown on Figure 2 below. The Tohono O'odham were a semi-nomadic people. Their agricultural lifestyle was intrinsically intertwined with the summer monsoon rains and the availability of water defined their seasonal migration. In the winter, "well villages" near natural springs were inhabited at the base of the mountains. Upon the arrival of summer monsoon rains that provided moisture for crops and residents, settlements would relocate to the basin "field villages". With shifting residential patterns and the wide dispersal of the Tohono O'odham fields, there was no need for the people to create large villages or a unified tribal political organization. Because of this, they had limited contact with non-native settlers and retained more of their traditional culture. Figure 2 - Traditional O'odham Lands D Arizona - .. Historically Settled O'odham Lands Present Day Tohono O'odham Reservation o Present Day Tohono O'odham Villages in Mexico Sonora, Mexico From the early 18th century, the O'odham land was almost entirely within Mexico. In 1853, through the Gadsden Purchase, the land was divided between the United States and Mexico. Integrated Fixed Towers on the Tohono O'odham Nation Date of last Revision: January 29, 2017 Page 2 BW4 FOIA CBP 000054 DHS-17-0054-B-000054 Integrated Fixed Towers on the Tohono O'odham Indian Nation Initially, the O'odham people ignored the border and mostly ignored the governments of Mexico and United States as well. Accustomed to seasonal migration, the border represented no barrier to their movement. Seasonal migration was often undertaken to whichever side of the border provided the best living conditions. The Tohono O'odham Indian Reservation was established by the United States government in 1917 2. There has never been official recognition of the Tohono O'odham by the Mexican government. The lack of a secure land base in Mexico has resulted in the loss of O'odham possessed lands and all that remains today are a few villages. While these villagers are citizens of Mexico, as Tohono O'odham tribal members they are entitled to the same health and other tribal services provided to members living in the United States. Presently, despite casino revenues and significant federal expenditures, living conditions for many tribal members remain poor. Unemployment is very high and alcoholism and the use of illegal drugs impact most families. (b) (7)(E) This can be especially appealing to young people with limited education or skills (b) (7)(E) Until the mid to late 1980s, the Tohono O'odham's relationship with the U.S. Border Patrol was relatively copacetic due mostly to a lack of interaction. A small number of agents patrolled that portion of the border. U.S. citizen tribal member visiting relatives in Mexico, or Mexican tribal members seeking services on the reservation would cross the border with relative impunity. Additionally, regular gatherings known as swap meets would take place just south of (b) (7)(E) (b) (7)(E) As a result, there had been an increase in the amount of interaction and hostility. Working relationships have improved over the past few years as tribal members have become used to the presence of agents and agents have made efforts to understand and respect the unique elements of tribal culture. This was known as the Papago Indian Reservation when established in 1917. The Tohono O'odham were called "Papago" (bean people) by Spanish settlers. In 1986, the tribe officially changed their name from Papago to Tohono O'odham. 2 Integrated Fixed Towers on the Tohono O'odham Nation Date of last Revision: January 29, 2017 Page 3 BW4 FOIA CBP 000055 DHS-17-0054-B-000055 Integrated Fixed Towers on the Tohono O'odham Indian Nation Today, the Tucson Sector expends considerable efforts on tribal liaison. For example, many of the hilltops on the reservation are considered culturally or religiously significant to tribal members. (b) (7)(E) The Border Patrol will now coordinate with tribal leaders (b) (7)(E) Almost all tribal members and leaders are opposed to a border wall or any type of pedestrian fencing. (b) (7)(E) Those members with traditional values still see the land as a defining component of their identity. Like many Native Americans, they have an affinity for the land that borders on spirituality. To them, the importance of the land goes well beyond just a place to live or earn a living. Traditional tribal members do not see this as a wall on their border, but as a wall through the middle of their land. They do not oppose a wall for simple political reasons, but consider the symbolism of the wall an affront to their semi-nomadic cultural identity. Tribal members also believe a pedestrian barrier or wall will interfere with the habitat or migration of native animals, including species they consider culturally or religiously significant. Integrated Fixed Towers on the Tohono O'odham Nation Date of last Revision: January 29, 2017 Page 4 BW4 FOIA CBP 000056 DHS-17-0054-B-000056 Integrated Fixed Towers on the Tohono O'odham Indian Nation Tribal Government The Tohono O'odham Nation is made up of eleven districts. These are shown in Figure 3 below3. Figure 3 - Tohono O'odham Districts I 79 \ .. Sif Oidak District l c!I , --- C, IJ .. Gll Achi District Schuk ,;oak District 0 . ., Pislnemo District Sells Distr ict 0 MEXICO Each district elects a Chairman, Vice-Chairman, Secretary, and Treasurer. The Tohono O'odham tribal government is comprised of three branches: 3 o Executive Branch - The Tribal Chairman and Vice-Chairman o Legislative Branch - The Tohono O'odham Legislative Council consists of a Legislative Chairman, Vice-Chairman, and two representatives of each of the Nation's eleven districts o Judicial Branch - The tribal courts and judges The non-contiguous elements of the San Lucy District are not shown on the map. Integrated Fixed Towers on the Tohono O'odham Nation Date of last Revision: January 29, 2017 Page 5 BW4 FOIA CBP 000057 DHS-17-0054-B-000057 Integrated Fixed Towers on the Tohono O'odham Indian Nation Tohono O'odham Nation (b) (7)(E) For nearly two decades, (b) (7)(E) O'odham Nation. on the Tohono (b) (7)(E) (b)(6);(b)(7)(C) While the number of arrests and seizures has been decreasing over the past few years, on the Nation remains at unacceptably high levels. (b) (7)(E) Arrests and marijuana seizures made during the past five complete fiscal years are shown on the table below: Table 1 - Tucson Sector Arrests and Marijuana Seizures - FY2012 through FY2016 Ma riju a 11a Se izur e s Illeg al Alie 11Arr e st s W e ig ht (pou 11ds ) Fisoca l Yea r (b)(6);(b)(7)(C) (b) (7)(E) Se ct o r Tot a l (b)(6);(b)(7)(C) (b) (7)(E) (b)(6);(b)(7)(C) (b) (7)(E) Se ct o r To al Se ct o r Tot al 4,400 728, 367 FY16 64,885 FY15 63, 339 4,385 476 , 203 FY14 87,9 15 5, 280 9 70,9 65 FY13 no ,9,35 6, 290 1,191,728 FY12 H 9,59 3 5,059 1,015,720 1 1 1 1 1 Proportional levels of arrests and marijuana seizures for fiscal year 2016 are shown on Figure 4 and Figure 5 on the next pages. Integrated Fixed Towers on the Tohono O'odham Nation Date of last Revision: January 29, 2017 Page 6 BW4 FOIA CBP 000058 DHS-17-0054-B-000058 Integrated Fixed Towers on the Tohono O'odham Indian Nation Figure 4 - Proportional Level of Arrests - Tucson Sector - Fiscal Year 2016 (b) (7)(E) Fewer More 0 IllegalAlien Arrests- FV16 Integrated Fixed Towers on the Tohono O'odham Nation Date of last Revision: January 29, 2017 5 10 ,-_c_ 20 30 40 I Miles Page 7 BW4 FOIA CBP 000059 DHS-17-0054-B-000059 Integrated Fixed Towers on the Tohono O'odham Indian Nation Figure 5 - Proportional Level of Marijuana Seizures - Tucson Sector - Fiscal Year 2016 (b) (7)(E) Fewer More 0 Marijuana Seizures- FY16 Integrated Fixed Towers on the Tohono O'odham Nation Date of last Revision: January 29, 2017 5 10 ,-_c_ 20 30 40 I Miles Page 8 BW4 FOIA CBP 000060 DHS-17-0054-B-000060 Integrated Fixed Towers on the Tohono O'odham Indian Nation Recent Technology Deployment in the Tucson Sector (b) (7)(E) The CBP Office of Acquisition and Tucson Sector are planning on deploying Integrated Fixed Towers (IFT) on the Tohono O'odham Nation. The towers will provide (b) (7)(E) (b)(6);(b)(7)(C) (b) (7)(E) (b)(6);(b)(7)(C) The IFT is the final remaining project in the Arizona Technology Deployment Plan (ATP). The ATP is an evolution of the Secure Border Initiative's SBInet program. SBInet began in 2006 and was envisioned as a complete national border detection and surveillance technology solution. The contract was awarded to The Boeing Company who was tasked with designing, engineering, and deploying a comprehensive system (b) (7)(E) (b) (7)(E) SBInet suffered numerous technical problems and schedule delays. It was also plagued by poor expectation management. By 2010 however, Boeing had deployed the fixed tower systems in (b) (7)(E) Station's areas of operation4. The system remains beneficial to agents and the (b)(6);(b)(7)(C) has proven very successful in enhancing situational awareness. It was determined however, that at more than $1 billion, it was not a cost effective solution. Part of what made SBInet so expensive was the engineering and development costs associated with the program's ambitious scope. In January 2011, DHS Secretary Napolitano cancelled Boeing Co.'s multibillion-dollar SBInet contract and tasked CBP with formulating a better path forward to acquiring and deploying border technology. This become the Arizona Border Surveillance Technology Plan. In addition to a number remotely monitored sensors and mobile technology systems, the following fixed technology systems have been deployed under the ATP: o (b) (7)(E) (b) (7)(E) (b) (7)(E) (b) (7)(E) - - ....... - The fixed tower solutions delivered by Boeing under SBInet are known as Block-1. (b) (7)(E) 1 ((b) (7)(E) (b) (7)(E) was deployed in February, 2010. 1 (b) (7)(E) ) was deployed in August, 2010. The (b) (7)(E) prototype system, "(b) (7)(E) was deployed in the AOR from December, 2007 through October, 2010. 4 Integrated Fixed Towers on the Tohono O'odham Nation Date of last Revision: January 29, 2017 Page 9 BW4 FOIA CBP 000061 DHS-17-0054-B-000061 Integrated Fixed Towers on the Tohono O'odham Indian Nation o (b) (7)(E) (b) (7)(E) The IFT project has been completed in the Tucson Sector's (b) (7)(E) area of operations. (b) (7)(E) systems are currently operational. (b) (7)(E) towers are currently being deployed in the (b) (7)(E) area of operations and (b) (7)(E) additional towers are being deployed in the (b) (7)(E) Station area. These deployments will be completed later this year. Impact on the Tohono O'odham Nation Existing fixed technology, that which is currently being deployed, and the locations of the planned IFT sites on the Tohono O'odham Nation are shown on the map on Figure 6 on the next page. (b) (7)(E) (b)(6);(b)(7)(C) (b)(6);(b)(7)(C) (b) (7)(E) (b) (7)(E) (b) (7)(E) (b) (7)(E) Integrated Fixed Towers on the Tohono O'odham Nation Date of last Revision: January 29, 2017 Page 10 BW4 FOIA CBP 000062 DHS-17-0054-B-000062 Integrated Fixed Towers on the Tohono O'odham Indian Nation (b) (7)(E) (b) (7)(E) (b) (7)(E) Integrated Fixed Towers on the Tohono O'odham Nation Date of last Revision: January 29, 2017 Page 11 BW4 FOIA CBP 000063 DHS-17-0054-B-000063 Integrated Fixed Towers on the Tohono O'odham Indian Nation Figure 6 - Fixed Detection and Surveillance Technology in the Tucson Sector (b) (7)(E) Integrated Fixed Towers on the Tohono O'odham Nation Date of last Revision: January 29, 2017 Page 12 BW4 FOIA CBP 000064 DHS-17-0054-B-000064 Integrated Fixed Towers on the Tohono O'odham Indian Nation Efforts to Deploy Fixed Technology on the Tohono O'odham Nation The Tucson Sector has been coordinating with the Tohono O'odham Nation for more than ten years on fixed technology deployment. These efforts are outlined below: Fixed Tower Project Highlight Year - April - The SBInet prototype system, was deployed in the (b) (7)(E) Area of Operations (AOR) (b) (7)(E) Tribal Liaison Highlight 2006 Throughout 2006, Tucson Sector agents conducted extensive outreach to tribal leaders and communities. Agents outlined the benefits that the SBInet system would have on tribal lands by allowing agents to become more operationally effective. 2007 June - The Tohono O'odham Legislative Council (TOLC) signed a resolution supporting the SBInet Project 2008 2009 -o January - The SBInet Block-1 System was deployed in the (b) (7)(E) Station AOR July - The SBInet Block-1 System was deployed in the Station AOR (b) (7)(E) October - Integrated Fixed Tower requirement was established as part of the Arizona Technology Deployment Plan (ATP) January - SBInet project is cancelled by DHS Secretary Napolitano. Support for existing systems continued, but all design and deployment work for future systems was suspended. 2010 2011 March - The TOLC rescinded the SBInet resolution of support. While CBP argued that the SBInet resolution should apply to the ATP IFT project, the TOLC and Tribal Chairman disagreed. April - Tucson Sector provided a Letter of Intent to the TOLC. This letter Integrated Fixed Towers on the Tohono O'odham Nation Date of last Revision: January 29, 2017 Page 13 BW4 FOIA CBP 000065 DHS-17-0054-B-000065 Integrated Fixed Towers on the Tohono O'odham Indian Nation l I established CBP's intent to deploy the IFT system on the Tohono O'odham Nation. Summer and Fall - With the SBInet resolution rescinded, outreach efforts were completely started over. As they did in 2006, tribal liaison agents again met with tribal leaders and community members throughout the summer and fall of 2011. - 2012 March - As a result of the extensive outreach efforts, the TOLC approved a resolution agreeing to allow the government to proceed with identifying and selecting tower sites for the IFT project. May - The TOLC signed a second resolution of support for the IFT project. This resolution authorized the government to proceed with the tower and access road site surveys and to complete the field work required for the Environmental Assessment (EA). February - IFT contract was awarded to Elbit Systems of America. The award was immediately protested by a non-winning vendor. October - The contract protest was been adjudicated and Elbit Systems of America began IFT deployment in the (b) (7)(E) AOR. - - 2013 Spring - The cultural resources and biological survey field work was completed for the project's required EA. A tribal archeologist and biologist were on site for the majority of this field work. 2014 Summer - Sector agents took community members and leaders from the tribe's Gu Vo and Chukut Kuk Districts to the proposed IFT sites. The locations of some sites and access roads were moved based on input from tribal members. The new sites are still operationally viable for the Border Patrol and do not interfere with areas deemed environmentally or culturally significant to tribal members. Integrated Fixed Towers on the Tohono O'odham Nation Date of last Revision: January 29, 2017 Page 14 BW4 FOIA CBP 000066 DHS-17-0054-B-000066 Integrated Fixed Towers on the Tohono O'odham Indian Nation Fall - Geotechnical studies for identified tower sites were completed. June - Systems Acceptance Testing (SAT) was completed for the IFT project in (b) (7)(E) . 2015 -- August - The (b) (7)(E) IFT project was conditionally accepted by the government. The vendor agreed to address some identified deficiencies. December - The Chief of the U.S. Border Patrol certifies to congress that the (b) (7)(E) IFT system is operationally beneficial to the Border Patrol. The certification was conditional and requires the vendor to address several unresolved issues. Fall - Five different meetings to discuss the conditional final resolution were scheduled and cancelled by the TOLC. October - The 100% design for the IFT sites' access roads was completed and provided to the Nation. This certification, required under federal appropriations language for this project, did however enable IFT deployment to begin in other Tucson Sector areas. --I March - Construction of IFT towers in (b) (7)(E) the (b) (7)(E) AOR began. November - Construction of IFT towers in the (b) (7)(E) AOR began. (b) (7)(E) I March - Sector agents sought a conditional resolution from the TOLC authorizing construction and deployment of the IFT. The condition was that a Finding of No Significant Impact (FONSI) would be issued when the EA is completed. Sector agents were hoping to have this resolution signed before the tribal elections in May. The TOLC did not respond to this request until June, after the elections were over. 2016 January - Internal tribal review of the Draft EA was completed. March - CBP responded to the tribe's questions on the road design and issues an updated 100% design plan. April - The draft EA was made available for a 30-day public review. May - The public review of the EA was completed and 30 public comments were made. CBP responded to each and those responses will be made part of the completed assessment. Integrated Fixed Towers on the Tohono O'odham Nation Date of last Revision: January 29, 2017 Page 15 BW4 FOIA CBP 000067 DHS-17-0054-B-000067 Integrated Fixed Towers on the Tohono O'odham Indian Nation October - In its Section 7 review of the EA, the U.S. Fish and Wildlife Service raised concerns about the project's impact on three native species and on the possible impact the project would have on smuggling activity on a nearby wildlife refuge. CBP responded to those concerns in late December, 2016. PRESENT STATUS Elections on the Tohono O'odham Nation will be held in late May, 2017. Voters will elect leaders for several of the Nation's eleven districts and half the representatives to the tribal Legislative Council. It has been speculated that many incumbents will either not run for re-election or will lose and that district leadership and TOLC membership will be made up of members who are more . If this happens, the c(b) (7)(E) (b) (7)(E) (b) (5) Because the district leadership and Legislative Council members will be busy campaigning, no business will take place starting in about April, 2017. Because of this, a resolution of support will need to be signed by late March, 2017. Before this can happen, the project's Environmental Assessment must be completed and there are two remaining issues: o Section 7 Consultation - The U.S. Fish and Wildlife Service (USFWS) raised some concerns on the draft EA and they are currently reviewing CBP's responses. A response from USFWS is required by early February, 2017 to allow CBP time to incorporate the response and finalize the EA. o Section 106 Report - The Tohono O'odham Nation's historic preservation officer must issue a finding that the IFT project will not negatively impact cultural resources. Sector agents continue to coordinate with tribal officials and believe this report will be issued. A final resolution of support from the TOLC is required to actually begin access road and tower construction. Unanimous support from the TOLC is not required to pass a resolution, a simple majority of votes will do. Each tribal district has two voting representatives. In a manner similar to the U.S. Electoral College system, the votes of each district's representatives are weighed based on the population of that district. If for example, one district has four time the population of another, its vote is weighed four times as heavily. The Tucson Sector believes there is more than enough support from the existing TOLC to pass a resolution. 5 Integrated Fixed Towers on the Tohono O'odham Nation Date of last Revision: January 29, 2017 Page 16 BW4 FOIA CBP 000068 DHS-17-0054-B-000068 Integrated Fixed Towers on the Tohono O'odham Indian Nation Once the EA issues are resolved, CBP and tribal leaders will work out the actual language of the resolution. In an unrelated development, Tucson Sector personnel believe that the Tribal Chairman and/or Vice-Chairman are seeking to meet with DHS Secretary Kelly sometime in mid-February, 2017. It is believed that this meeting will be to discuss the plan for a border wall. (b) (5) (b) (5) Integrated Fixed Towers on the Tohono O'odham Nation Date of last Revision: January 29, 2017 Page 17 BW4 FOIA CBP 000069 DHS-17-0054-B-000069 U.S. Customs and Border Protection U.S. Border Patrol - Tucson Sector Tohono O'odham Nation Briefing Document February 6, 2017 BW4 FOIA CBP 000070 DHS-17-0054-B-000070 Tohono O'odham Nation Briefing Document Situation The Tohono O'odham Nation is a reservation residing on a portion of its people's original lands in the Sonoran desert. The land area includes more than 4,400 square miles and is the third largest Indian reservation in the United States. There are currently approximately 30,000 enrolled tribal members, with about 20,000 living on tribal lands. The Tohono O'odham Nation is a federally recognized Indian reservation located on a portion of its people's original lands in the Sonoran desert. The land area includes more than 4,400 square miles and is the third largest Indian reservation in the United States. The Nation is comprised of 11 Districts as shown on the map below: ~ ilallOdForest Hickiwan District Ajo Oro Vall, ~ .. Monument T ,av Ca Mara a ] 0 I z rvat10n ,an Gu Adhi District H OrgAnPipe Cac.tus NitbOMI Monument ._Schuk Toak District N Three Points P.isinemo ist,r;i Ajo Ril ~ Gu Vo District Sells Distriai ll, 86 Qu1nb:n Mountaam Baboqu ivari District """'" Mount.Mm -:' San-::,XQVier oDistrict Aoros NWR :,_ 7. C, uaJlldel Silsabe Nog U.S. Border Patrol - Tucson Sector Page 2 BW4 FOIA CBP 000071 DHS-17-0054-B-000071 Tohono O'odham Nation Briefing Document There are currently approximately 30,000 enrolled tribal members, with about 20,000 living on tribal lands. While the majority of the 30,000 Tohono O'odham reside on the Nation or in neighboring areas in southern Arizona, there is also a population of about 1,500 living in nine small communities in northern Sonora, Mexico. About the Tohono O'odham Nation The Tohono O'odham Nation is a federally-recognized tribe that includes approximately 30,000 members occupying tribal lands in Southwestern Arizona. The Nation is the second largest reservations in Arizona in both population and geographical size, with a land base of 2.8 million acres and 4,460 square miles, approximately the size of the State of Connecticut. Its four noncontiguous segments total more than 2.8 million acres at an elevation of 2,674 feet. The Nation comprises 62 border miles, but they claim 75 derived from the width of the Nation at its widest point. Location The lands of the Nation are located within the Sonoran Desert in south central Arizona. The largest community, Sells, functions as the Nation's capital. Of the four lands bases, the largest contains more than 2.7 million acres. Boundaries begin south of Casa Grande and encompass parts of Pinal, Pima and Maricopa Counties before continuing south into Mexico. San Xavier is the second largest land base, and contains 71,095 acres just south of the City of Tucson. Smaller parcels include San Lucy District located near the city of Gila Bend and Florence Village, which is located near the city of Florence. U.S. Border Patrol - Tucson Sector Page 3 BW4 FOIA CBP 000072 DHS-17-0054-B-000072 Tohono O'odham Nation Briefing Document The Great Seal The Great Seal of the Nation consists of items that are symbolic to the Tohono O'odham. Starting from the outside of the Seal is a purple border containing the words "Great Seal of the Tohono O'odham Nation". Inside the yellow border there are eleven stars which represent one of the eleven districts of the Tohono O'odham Nation: Pisinemo, Hickiwan, Gu Vo, Chukut Kuk, San Lucy, San Xavier, Baboquivari, Sif Oidak, Schuk Toak, Sells and Gu Achi. At the bottom of this border are the dates 1937-1986. 1937 is the year in which the original constitution and by-laws of the Papago Tribe was approved by the United States Department of the Interior. 1986 represents the year in which the Nation adopted a new constitution and changed its name from the Papago Tribe to the Tohono O'odham Nation. The inside picture has a view of the sacred mountain, Baboquivari Peak, home of I'itoi. Also in view is a saguaro, prickly pear and barrel cactus from which the O'odham pick fruit and have various uses from each of these cactus to cook and use for building materials. Historical Context The Tohono O'odham's traditional lands included areas in both the United States and Mexico. The 1853 Treaty of La Mesilla placed the United States / Mexico border across this area. The map bellows shows the Tohono O'odham Nation in the United States and Mexico (the Mexican government does not recognize this area as Indian land). U.S. Border Patrol - Tucson Sector Page 4 BW4 FOIA CBP 000073 DHS-17-0054-B-000073 Tohono O'odham Nation Briefing Document Komatke Supetior Oueto C,..., S..,n, btrolt. M 0 u n ta in c;.i,,._ SunUffl ..:::..,@ 1 ,. M~-.. e s e r CooHdge Mammoth _ t -- San Manuel ..T-o Sonta Cau1lina Cat-.olla,1 .-- Marana ...... ,. .......... Ajo -.wildl, o ._... Kearny Flotmce Ak-Oin 0 """" ?)~~M Sacaton ....... .. Mount11ra '-------= .. .w... ....... ( 0 C, ..... M:.:_@J wMourn wiacw- G Sonoit.11 Tum M Noga les SonUiC, S:lric 0 Tubu tama Unlike aboriginal groups on the U.S. northern border, the Tohono O'odham were not given dual citizenship. Even so, members of the Nation moved freely across the border for decades to work, participate in religious ceremonies, receive medical care, and visit relatives. Since the late-1980s however, stricter border enforcement has restricted this movement. This remains a cause of resentment to tribal members and strains community relations. Tribal members today are also much more likely to encounter Border Patrol agents than in previous years. Twenty years ago, fewer than agents were assigned to the (b) (7)(E) Stations, the stations which patrol along the Tohono O'odham Nation. There are more than (b) (7)(E) today. This is shown graphically below: I (b) (7)(E) --- U.S. Border Patrol - Tucson Sector Page 5 BW4 FOIA CBP 000074 DHS-17-0054-B-000074 Tohono O'odham Nation Briefing Document Agent Assignments by Station 900 800 - ,., 700 - 111!1 C QI :t ,.0... , Ill ... "'CJ ... 0 Ci. 600 500 - (b) (7)(E) 400 - QI 00 300 200 100 0 AJO CAG TUS In addition to the more than (b) (7)(E) increase in agents patrolling the area, the Tucson Sector operates tactical checkpoints on (b) (7)(E) The checkpoints are also a cause of resentment among many tribal members. Situation Today The Tucson Sector has made significant progress with tribal relations and community outreach to the Tohono O'odham Nation over the past several years. Some indicators of this success can be seen in the following: o Integrated Fixed Tower Project - Following hundreds of hours of outreach seven of the Tohono O'odham Nation districts have approved resolutions of support for the planned IFT project. Two districts oppose, while the remaining two have taken a stance of No Position, since there are close familial ties with the main dissenter for the IFT project (Gu Vo District). The Tohono O'odham Nation has passed three resolutions authorizing site surveys, environmental, and geotechnical studies have been authorized. Pending findings of "No Significant Impact", a final resolution authorizing construction will be sought and is expected to be approved. The political view of the Nation members is currently one of opposing the proposed "Border Wall". Construction of a physical barrier (ie: Pedestrian fence) is going to negatively impact the progress on getting final approval for the IFT Project on the U.S. Border Patrol - Tucson Sector Page 6 BW4 FOIA CBP 000075 DHS-17-0054-B-000075 Tohono O'odham Nation Briefing Document Nation. The Nations Vice-Chairman Verlon Jose himself has publicly voiced his opposition to the Border Wall on the Nation. The value of the extensive efforts that Tucson Sector has invested in community outreach for this project should not be underestimated. While initially viewed as intrusive "spy towers" many Tribal members now understand the valuable role the technology will play in improving border security in their communities and have offered their unwavering support. o Long-Term Lease for Camps and FOBs - Following extensive outreach, long term leases were granted the (b) (7)(E) FOB, the (b) (7)(E) , and for upgrades/expansion at the San Miguel Law Enforcement Center (LEC). Outreach efforts included conducting tours at FOBs and camps throughout the Sector to give Tribal leaders and members a clear idea of what was envisioned on their land. o Tactical Infrastructure Improvements - Because of the improved working relationship between the Border Patrol and the (b) (7)(E) District, Temporary Vehicle Barrier (TVB) have been expanded and installed in the . (b) (7)(E) Additionally, Tucson Sector worked with Nation Ranchers in the to (b) (7)(E) address a cattle rustling problem by repairing and improving the barbed wire international border fence. Approximately miles of fencing has been improved. Coordination has just begun with the (b) (7)(E) District on similar projects. (b) (7)(E) -o o Improved Relationship with Tohono O'odham Police - While previously tenuous, the working relationship between Border Patrol field agents and TOPD officers has never been better. Agents are quick to respond to TOPD calls for assistance and TOPD while (b) (7)(E) is also responding in a timely manner. While progress has been made, a number of challenges remain, evidenced by continuing complaints voiced by tribal members. The majority of the complaints are consistent with the increased number of Border Patrol agents working on the Nation and concern: o Perceived harassment of tribal members by agents during checkpoint encounters and roving patrols; o Agents' speeding; and o Agents' perceived failure to respect the Nation's environmentally and culturally sensitive lands. Frustrating to Nation members is that the same types of complaints continue to be made with no apparent improvement. The following initiatives outlined in this document should help mitigate the ongoing issues between the Border Patrol and the Tohono O'odham Nation. U.S. Border Patrol - Tucson Sector Page 7 BW4 FOIA CBP 000076 DHS-17-0054-B-000076 Tohono O'odham Nation Briefing Document Complaints and Complaint Management Tribal members and leaders have expressed frustration and often believe that there is no action taken to many of their complaints. This is especially true in instances where they report agents speeding and believe they are being harassed at checkpoints and roving patrol encounters. Most tribal leaders understand they will not be given the specific action taken in response to individual complaints, but when they don't perceive the situation as improving, they get the impression that no action is being taken to address their complaints. The Tucson Sector implemented the Complaint Management System and was provided to the Tohono O'odham Nation leadership and its District Chairs to disseminate to their constituents. o Complaint Management System - The electronic RightNow Complaint Management System (CMS) has been instituted in an effort to track and manage complaints. Complaints are introduced in a number of different ways including a call to the Complaint Management System (CMS) toll-free number or via a website. For the less technical savvy, complaints can continue to be made directly to the Border Patrol Station, Sector or to a tribal liaison agents. The CMS allows management visibility on all complaints. This helps to ensure that follow up action is taken on all complaints as well as provide a single system of record to document complaints. o Following Up and Feedback on Complaints - Station personnel provide feedback to complainants via phone calls or face to face meetings. This feedback is documented in the CMS. Additionally, station leadership provide a synopsis of recent complaints at District and Community meetings and actions taken to mitigate those complaints. Communication with these groups will assist in enhancing communication and fostering better working relationships with Sector personnel. Through these efforts, The Sector will more effectively message the Border Patrol mission, authorities and operations on the Nation. The FCB will utilize a variety of media to communicate Border Patrol law enforcement methods on the Nation such as checkpoint operations and line watch activities. o Quarterly Briefings- Sector Headquarters briefs TO Nation leaders on current statistics and trends. They also listen to any proposed ideas that will better the working relationship and any additional questions or concerns. o Inter-Agency Meetings- The station (b) (7)(E) leadership meet bi-weekly with TOPD Command Staff to share intelligence, current and future trend analysis on illicit activity. U.S. Border Patrol - Tucson Sector Page 8 BW4 FOIA CBP 000077 DHS-17-0054-B-000077 Tohono O'odham Nation Briefing Document o Outreach at Tribal Legislative Council Meetings - Members of the Sector and station command staff regularly attend Tribal Legislative Council meetings. Two Legislative Representatives from each of the Nation's eleven districts are in attendance as well as Executive leadership. Sector personnel provide briefings on enforcement operations and plans that will impact the Tohono O'odham Nation. The interactive sessions also allow Tribal and District leadership to ask questions and offer input. o Town Hall Meetings - The Tucson Sector FCB facilitated three Town Hall Meetings on the Tohono O'odham Nation. These meetings provided an opportunity for Sector and station leadership to educate community members on ongoing law enforcement operations as well as allowing the public a forum to express their concerns and questions and complaints. o Citizen's Academy - Both the Stations continue to conduct (b) (7)(E) Citizen's Academy classes. These two to six day classes are intended to give participants a greater understanding of the mission of CBP. Topics include: o Meet and greet station leadership; o Station tour; o Border Patrol operations history including checkpoint operations; o Surveillance technology discussion, demo, and visit to sites; o Introduction to specialty units (b) (7)(E) ); o K-9 Demonstration and discussion; and o Q & A session. o Operation Detour - Both the Stations conduct Operation Detour (b) (7)(E) presentations at tribal schools when permitted by the Nation school superintendent. The (b) (7)(E) Station currently conducts reading programs in local elementary schools as well as other after school programs. The station engages with the Nations school district personnel as well as the Tohono O'odham Police Department school resource officer to explore avenues to increase involvement in tribal schools. Community Involvement In an effort to become more involved in the communities in which we work, when invited, station personnel participate in local events. These events include the Tohono O'odham Rodeo (Adult and Junior), Halloween Carnival, District Days, Police Week, Sif Oidak Christmas Event and Angel Tree projects, along with the Toys for Tots program with TOPD. U.S. Border Patrol - Tucson Sector Page 9 BW4 FOIA CBP 000078 DHS-17-0054-B-000078 Tohono O'odham Nation Briefing Document As an indicator of improving community relations, border patrol agents that work on the Nation are regularly invited to attend a Thanksgiving Feast and Christmas feast dinner in the San Miguel Community. The agents who attended reported that most community members were genuine and welcoming, and they thought that it went very well. Cultural Awareness / Agent Training / Professionalism o Cultural Awareness Training - A 2-3 hour cultural awareness course has been developed by the Tohono O'odham Cultural Center staff and is presented to groups of approximately 20 agents at the Nation's Cultural Center & Museum. This highly interactive session has been very well received by the field agents, supervisors, and command staff who have participated and left with a much better understanding of the O'odham people, their history, and customs. Tucson Sector is working with the Cultural Center on an abbreviated, recorded muster module as well. While this will not replace the longer training session, it will allow a wider audience to receive some of the information. U.S. Border Patrol - Tucson Sector Page 10 BW4 FOIA CBP 000079 DHS-17-0054-B-000079