U.S. Department of Homeland Security
Washington. DC 20229

U. S. Customs and
Border Protection

 

DETERMINATION STATENIENT PURSUANT TO 49 C.F.R. 24.7 OR
THE SOUTHERN BORDER FENCE PROJECT (SBI), PF 225

1. Construction of the PF 225 Southern Border Fence Project (8131} is considered a
national priority and is scheduled for completion by December 31, 2008. Customs and
Border Protection (CBP), an agency of the Department of Homeland Security (DI-IS), is
the funding Agency for this Project.

2. An accelerated process for acquisition of necessary interests in land is essential to
accommodate the scheduled construction completion date.

3. 49 CPR. 24.? provides authority for a funding Agency to except from application
any provision of the regulations (not otherwise required by law) in Part 24--Uniforn1
Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted
Programs.

4. In order to facilitate the accelerated acquisition process, and in accordance with the
authority set forth in 49 C.F.R. 24.7, I hereby grant an exception to the application of
49 C.F.R. 24.102, 103, and 104. In support of this determination of exception I make
the following ?ndings:

a. This determination of exception does not include those provisions in 49 CPR.
102, 103, and 104 which are required by law.

b. This determination of exception does not reduce any assistance or protection
provided to an owner or displaced person speci?ed by 49 CPR. Part 24.

c. This determination of exception is justified because control of the southem
border of the United States is a matter of the highest national security and accelerated
acquisition of necessary property interests is essential to meeting the construction
schedule for the Southern Border Fence Project.

5. The speci?c accelerated process to be used when determined to be in the best interests
of the Government is as follows:

a. 49 C.F.R. 24.102 -
(1) As set forth in 49 C.F.R. 24.102 each landowner will continue to
receive written notice of intent to acquire, an offer of fair market value, and summary of
basic legal protections; however, each of these items may be provided in a single,

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comprehensive letter or other correspondence, which will also establish the initiation of
negotiations for purpose of relocation assistance eligibility. No other written
correspondence will be required unless the government?s valuation changes. In light of
this project?s time requirements, negotiation periods will not exceed 30 days. A written
negotiator report will be prepared for each owner.

(2) Use of lnforrnal Value Estimates for properties valued at or below
$50,000: The use of Informal Value Estimates (IVES) may lessen the production time and
cost that is typically involved in obtaining formal appraisals for real property
acquisitions. For example, IVES generally take 30 days or less to complete, whereas a
formal appraisal generally require 60 days. Informal value estimates may therefore be
utilized for properties valued at or below $50,000 unless special circumstances dictate
otherwise and a formal appraisal is deemed necessary.

b. 49 CPR. 24.103 Where it is possible to do so and still protect the
government?s interests, certain stated criteria regarding appraisal methodology and
content may be excepted in the scope and development of appraisals, particularly where
valuation of the subject property is uncomplicated.

c. 49 CPR. 24.104 Although appraisal reviews will still be completed, they
will be lessened in scope and formality where possible.

6. CBP may revoke this determination of exception at any time. Additionally,
notwithstanding the scope of this exception, CBP may, in its sole and exclusive
discretion, determine that it is in the government?s interest to apply the excepted

(6)

provisions to a particular acquisition.

    

xeeutive Director,
SBI Program Management Of?ce

Date: 

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