FME003476 FOR OFFICIAL USE ONLY MEETING WITH CONGRESSIONAL HISPANIC CAUCUS DATE: TIME: LOCATION: FROM: OBJECTIVES:  Discuss outstanding fencing issues related to: o The San Diego Border Infrastructure System, particularly, Friendship Circle o The Hidalgo County levee-barrier construction project o Fence construction in the City of Brownsville, Texas BACKGROUND: Border Infrastructure System  Four main factors contribute to fence location decisions: (1) the Border Patrol operational assessments; (2) environmental assessments; (3) engineering assessments, which include the cost to construct; and (4) input from stakeholders. Each of these steps is a standard element of the planning process that enables DHS to make informed decisions in deploying fence as operationally required.  Specifically in the San Diego Border Infrastructure System (BIS), the U.S. Customs and Border Protection’s (CBP) local Border Patrol leadership identified the need for additional tactical infrastructure to address a high volume of illicit border activity. The areas known as Friendship Circle, located within the Border Field State Park has been a historic vulnerability as alien smuggling organizations routinely utilize this area to smuggle people and contraband using the presence of the public to mask criminal activity.  While the intent of the park’s binational concept was taken into account, the illicit smuggling activity and propensity for violence in and around the park required the restriction of public access between the primary and secondary border fence. As a result, the southern boundary of the park has been moved north to ensure the safety of Border Patrol agents and park visitors alike. As a result of the realignment of the park’s boundaries, Friendship Circle and the monument are no longer accessible to the general public.  The BIS stretches approximately 14 miles east from the Pacific Ocean along Border Field State Park through Tin Can Hill in the San Diego Border Patrol Sector. As of February 19, 2009, the total construction cost for Smuggler’s Gulch, Border Field State Park, and Goat Canyon was(b) (4) Hidalgo County Levee-Barrier  In October 2007, Hidalgo County alerted the Department of Homeland Security (DHS) to the fact that CBP construction of fencing could potentially overlap with the County’s flood control efforts. A solution was developed which provided the opportunity for DHS and Hidalgo to work together to incorporate the construction of a concrete border barrier into its plans to raise the levees.  CBP engaged in extensive consultations with Hidalgo County to develop a joint project that would meet the needs of the local community and the Border Patrol. FOR OFFICIAL USE ONLY FME003477   FOR OFFICIAL USE ONLY CBP has been closely involved with Hidalgo and the International Boundary and Water Commission (IBWC) U.S. Section, the owner of the levees, during construction of the leveebarrier project. The Rio Grande Valley (RGV) fence segments included in this effort equal about 20 miles or 37 percent of the RGV fence requirements. These segments are not continuous. City of Brownsville, Texas  DHS is currently building four fence segments in Brownsville, Texas: O-14 (2.4 miles), O19 (3.0 miles), O-20 (0.6 miles) and O-21 (12.5 miles).  DHS currently owns approximately 2.76 miles of City of Brownsville property 60-feet in width required for fence construction. Title to the city’s property transferred to DHS upon filing the condemnation action in court and includes small tracts of property across the four segments for a total of 2.76 miles.  DHS is proceeding with fence construction in Brownsville in order to complete the approximately 661 miles of fence construction promised by the previous Administration.  The City of Brownsville has plans to engage in several local development projects including a River Walk Redevelopment Project that includes a retaining wall on the river side of the levee. This project is in the same location as the O-19 fence footprint. In order to meet the Border Patrol’s operational needs but also accommodate the city, DHS has proposed the return of city property and the removal of the DHS fence at such time as the River Walk Redevelopment Project has been completed and the retaining wall has been constructed. ANTICIPATED QUESTIONS: Border Infrastructure System  What is the status of the BIS design?  Suggested answer: All design packages have been submitted to the Government and approved. This includes Spooners, Russian Hill, and Smugglers Gulch as well as Yogurt and Goat Canyons.  Are there any unique challenges to the BIS project?  Suggested answer: Theft from across the border continues to be a problem; however, the U.S. Army Corps of Engineers, the contractor (Kiewit), and the Border Patrol are continuing to work closely together to prevent further theft. Hidalgo County Levee-Barrier  What is the current progress on these projects and when are they expected to be complete?  Suggested answer: Projects included in this effort are currently estimated to be completed in March 2009. As of February 20, 2009, 14.5 miles of the 20 miles planned are complete.  What is the total cost of the joint project and how much is DHS contributing?  Suggested answer: DHS has obligated (b) (4) towards construction of the project. The total project cost is currently (b) (4) which includes DHS and Hidalgo County Drainage District funding. City of Brownsville, Texas  Will fence construction in Brownsville adversely impact the city’s River Walk Redevelopment Project which is located in the O-19 fence footprint? FOR OFFICIAL USE ONLY FME003478 FOR OFFICIAL USE ONLY Suggested answer: DHS has proposed the return of City of Brownsville property and the removal of the DHS fence at DHS’s expense once the River Walk Redevelopment Project has been completed and the retaining wall constructed. Will fence be built in the Brownsville wildlife corridor?  Suggested answer: No, the fence alignment is outside the wildlife corridor. Additionally, U.S. Fish and Wildlife Service has stated that even outside the corridor, wildlife openings in the fence are not necessary because of the limited nature of wildlife habitat in this particular section. Does DHS have permission from the IBWC in this area?  Suggested answer: IBWC has approved the fence construction for the proposed fence projects in the Rio Grande Valley Sector including 0-19. For more information please see attached letter from the IBWC. Has DHS consulted with the City of Brownsville?  Suggested answer: Yes, CBP has consulted extensively with the City of Brownsville and has records of all consultation. Additionally, as a result of consultations with the city the fence type was changed to the removable style fence.     PARTICIPANTS: PRESS PLAN: None ATTACHMENTS: A. IBWC Letter RE RGV B. IBWC Letter RE O-19 Contact: Loren Flossman, Secure Border Initiative Tactical Infrastructure Program, Loren.W.Flossman, (b) (6) FOR OFFICIAL USE ONLY