I US. Department of Justice Environment and Natural Resources Division LA 201 700 74: AM Telephone (202) 305-0316 Land Acquisition Section P.0. Box 7611 Facsimile (202) 305-0398 Washington, DC 20044 February 22, 2017 MEMORANDUM To': Jeffrey H. Wood, Acting Assistant Attorney General, ENRD From: Andrew M. Goldfrank, Chief, Land Acquisition Section Barry A. Weiner, Deputy Chief Redacted - Exemption 5 Press lnguiry: On Tuesday, February 21, 2017, National Public Radio?s John Burnett, Southwest Correspondent based in Austin, Texas, conducted a background interview with (This was a not for attribution other than being a Department of Justice lawyer with familiarity with border security land acquisition matters.) Mr. Burnett covers immigration, border affairs, Texas news, and other features. His focus was on prior border security condemnations in the Rio Grande Valley of Texas, with questions about number and kinds of cases, valuation disputes,-impact of Southern District of Texas District Court Judge Hanen on the project, etc. He also asked about the environmental waiver and if the Department was going to do additional condemnations for the 2017 border security project. We provided an on-the-record written statement as follows: 0 ?As part of the United States long-standing national security policy, it is sometimes necessary to acquire lands at the nation?s borders. The Department of Justice has worked on such border security projects since the 19905, providing just compensation to landowners through a fair and transparent process in open court. Compensation for property owners is guided by the US. Constitution, DOJ-17-0056-B-000001 which mandates just compensation based on fair market value. This ensures that the amount paid is fair to both the landowner whose land is being acquired and to taxpayers. Historically, the Army Corps of Engineers and U.S. Customs and Border Protection have attempted to directly purchase property rights for much of the fence construction and are often successful in buying the needed land outright. If that negotiation fails, then?the Department oflustice may file a a case to acquire the land needed. A federal district court judge oversees that process. We are aware of the President?s Executive Order on Border Security and . Immigration Enforcement Improvements. At this time, no land acquisition cases have been referred to the Department as a result of the President?s EC. The Department of Justice Environment and Natural Resources Division will continue to provide advice and assistance to executive agencies working to strengthen border security.? Redacted - Exemption 5 . DOJ-17-0056-B-000002 Copy: Bruce S. Gelber, Deputy Assistant Attorney General, ENRD Jean E. Williams, Deputy Assistant Attorney General, ENRD Seth M. Barsky, Chief, Wildlife and Marine Resources, ENRD. Andrew T. Collier, Executive Officer, EN RD Lisa L. Russell, Chief, Natural Resources Section, ENRD Karen M. Wardzinski, Chief, Law and Policy Section, ENRD Brandon M. Middleton,_Counsel, ENRD Stacey Stoller,,Trial Attorney, Law and Policy Section Hornbuckle, Deputy Director, Office of Public Affairs DOJ-17-OO56-B-000003