CREW: U.S. Department of Homeland Security: U.S. Customs and Border Protection: Regarding Border Fence: 11/9/10 - OBP006277-OBP006296 QA Fence v 0 4 - 20070919 (Final) 20

OBP006277Fence Q&As Version 0.4 The following information has been developed to help our communicators answer questions from various stakeholders. While the information is to be used to respond to questions, the document itself is not to be publicly released. The intent is to address a broad range of possible issues; some of which may not be raised by our stakeholders during this project. Secure Border Initiative / SBInet 1. Q: What is the Secure Border Initiative, SBI? A: The Secure Border Initiative (SBI) is a comprehensive multi-year plan to secure America’s borders and reduce illegal entries into the United States. The Department of Homeland Security (DHS) formally launched SBI in September 2005 to bring clarity of mission, effective coordination of DHS assets, and greater accountability in securing the nation’s borders. The SBI mission is to promote border security strategies that protect against and prevent terrorist attacks and other transnational crimes. In addition, the initiative will coordinate DHS efforts to ensure the legal entry and exit of people and goods moving across our borders, and enforce immigration, customs, and agriculture laws at our borders, within the country, and abroad. 2. Q: What is SBInet? Is there a difference between SBInet and SBI? A: SBInet is the component of SBI charged with developing and installing the technology and tactical infrastructure solutions to enable U.S. Customs and Border Protection (CBP) to gain effective control of our nation’s borders. Through SBInet, DHS will deploy an optimal, integrated solution that includes tactical infrastructure, technology, and response platforms. SBInet will provide the most efficient and cost effective tools to frontline agents and officers to help CBP gain effective control of the borders. The development and fielding of the appropriate combination of technology and tactical infrastructure is based solely on the requirements and needs of the selected areas of deployment. The initial focus of SBInet will be on southwest land border investments at and between the ports of entry. CBP has been designated as the DHS executive agent for the SBInet program, and has established a Program Management Office to ensure the government has adequate oversight of SBInet. 3. Q: How will SBInet contribute to border security? A: SBInet provides CBP agents and officers with the resources, capabilities and situational awareness needed to secure the border. Agents and officers will receive technology and infrastructure. (b) (7)(E) Infrastructure provides physical components – such as fences, roads, and vehicle barriers – to help agents and officers secure the border. 4. Q: What is the primary goal or final outcome of SBInet? A: The primary goal of SBInet is to provide CBP agents and officers with the resources and capabilities to more effectively perform our priority homeland security mission. SBInet will provide the tools to help CBP achieve effective control of the nation’s borders against terrorists and illegal cross border activity. Fence 1. Q: What is this project and what is the overall goal? A: DHS is making significant investments to strengthen border security through the Secure Border Initiative. DHS is building 370 miles of primary fence along our nation’s southern border, which is an important step toward achieving overall border security. September 19, 2007 FOR OFFICIAL USE ONLY Page 1 of 20 OBP006278 Fence Q&As Version 0.4 2. Q: Is DHS building 370 miles of fence along the Southwest border? A: Yes, DHS is committed to having 370 miles of fence constructed along the 2000 miles of the Southwest border by the end of December 2008. 3. Q: Why is DHS building only 370 miles of fence if the Secure Fence Act requires 700? A: The Secure Fence Act (SFA) is an enacted authorization. However, the legislation does not provide specific funding nor does it contain an "authorization of appropriations" provision. Generally, such a provision would state that subsequent, separate appropriations would be enacted to provide the necessary funding. Consequently, CBP has sought to meet the intent of the SFA requirements using existing appropriations in a manner reasonably consistent with the numerous requirements and mandates contained in other legislation. The stated intent of the SFA was to secure the southern border from illegal crossings. The Administration has a plan to first secure the most critical areas with the funding that has been made available. The Administration is committed to maintaining the flexibility to deploy the right mix of technology, tactical infrastructure, and personnel to secure each mile of the border as quickly and efficiently as possible. 4. Q: Is the 370 miles just a political number or real based on operational needs? A: The 370 miles of pedestrian fencing is based on assessments by local Border Patrol Agents and Chiefs of where fencing would most effectively enhance border security. These assessments incorporate current illegal cross border activity and the Border Patrol’s extensive experience. The 370 miles also takes into account other factors, including authorization and funding by Congress and what can be accomplished by the end of 2008. 5. Q: Are you just building fence? A: Fencing is but one element of the DHS’s layered defense plan to gain control of the border. Our comprehensive plan includes additional, substantial investments in technology, infrastructure and enforcement personnel. 6. Q: Has the Secretary decided to substitute virtual fence for physical fencing in those miles addressed in the Secure Fence Act? A: Technology is not a substitute for miles of fence planned as part of the SBInet solution. Fencing and technology are two critical elements of the SBInet solution, and they are not mutually exclusive. For example, in an urban environment, the illegal entrant can be across the border and into the community in a matter of minutes, sometimes seconds. If accessible to entry, urban areas require an inordinate number of enforcement personnel to effectively confront the illegal activity. In this environment, pedestrian fencing provides a critical barrier. Fences block, or substantially slow, illegal entry between ports of entry. 7. Q: Have you made final decisions on where the fence will go? A: Based on the initial operational assessments and extensive discussions with state and local stakeholders, CBP is ready to begin environmental and engineering assessments in a number of locations where there is a high probability that we will construct fence. To perform these assessments, Border Patrol Agents and Army Corps of Engineers real estate specialists will ask private landowners for a Right of Entry (ROE) for Construction. An ROE for Construction is an intermediate step in the decision-making process, NOT the actual start of fence building. September 19, 2007 FOR OFFICIAL USE ONLY Page 2 of 20 OBP006279 Fence Q&As Version 0.4 8. Q: If you are still in the decision making process, how can you be awarding task orders (once these are awarded in late September)? A: There are a few locations where we have made more substantial progress. In six locations, CBP is nearly ready to award fence design and construction task orders. These task orders cover a total of approximately 20.3 miles at locations in Arizona, New Mexico, and Texas. These fence segments will be constructed on public lands or within the Roosevelt Reservation, and coordination with landowners for access and staging areas has been completed. 9. Q: Why are you building on federal land first? Is it because you forced DOI to comply? A: The process of identifying and contacting land owners is an important part of our pre-construction process. For the first six planned task orders, that process was more straightforward allowing these projects to proceed first. Projects will move forward as we complete our preliminary work and meet with landowners. 10. Q: What is primary fence? A: Primary refers to the tactical placement in relation to the international boundary. A primary fence is the first, or primary, obstacle to would-be illegal entrants. A secondary fence is one that is separated from the border by a primary fence. 11. Q: How does this project benefit the landowner? A: Both landowners and communities will benefit from reduced crime rates. With the increased potential to deter the entry of illegal traffic through your land, related problems – such as discarded trash, disruptions during hunting season, unlocked gates, etc. – will be diminished or, in some cases, eliminated by working directly with landowners. The reduction of crime rates in border communities also results in the improvement of the quality of life. Since construction of fencing and the addition of Border Patrol Agents, a significant growth in industrial and residential development has facilitated the commercial growth throughout border areas. 12. Q: How much will it cost to construct the fencing? A: The cost of the fence will depend on ongoing negotiations, as well as on the type of fence used, which will be selected based on the operational requirements, environment, and other characteristics in each location. 13. Q: What kind of fencing will be used? A: The type of fencing will depend on the specific operational requirements and characteristics of the area to be fenced. For each area, solutions are tailor-made to suit the type of environment (urban, rural, remote) and its geographic and climatic characteristics (hills, rivers, mountains, forest, desert, rainy, etc.). 14. Q: Have fence designs been tested? A: Designs for fencing were tested through a project called Fence Lab; a collaborative effort between Sandia National Laboratories, the Texas Transportation Institute and the Boeing Company, under contract with SBInet. Fence Lab tested commercial and government designs for fencing and vehicle barrier solutions. 15. Q: What materials will be used for the fence? A: The fence will be constructed primarily of steel and concrete. September 19, 2007 FOR OFFICIAL USE ONLY Page 3 of 20 OBP006280 Fence Q&As Version 0.4 16. Q: In lieu of chain link fence or landing mat, would DHS consider building an aesthetically pleasing wall or ornamental fence? A: DHS will consider all options when making a final decision as long as the aesthetically pleasing or ornamental fence is operationally sound. 17. Q: If the Border Patrol is going to hire thousands of new Agents, why is it necessary to build a fence with cameras and lights? A: It would be impossible and impractical to secure the entire 2,000 miles of the southwest border with Border Patrol Agents alone. Through SBInet, CBP will deploy the most effective mix of proven technology, infrastructure, staffing, and response platforms, and integrate them into a single comprehensive border security suite for the department. Cameras, radars and sensors will be the eyes and ears of the Border Patrol Agent to help identify border intrusions, to which Border Patrol Agents can respond. Tactical Infrastructure, such as fencing and vehicle barrier, can deter and deny the entry of illegal aliens, and facilitate detection and arrest. 18. Q: What is tactical infrastructure? A: Tactical Infrastructure (TI) is a term used by CBP to define physical components designed to secure borders. TI consists of roads (patrol, drag and access), fence (primary, pedestrian and vehicle barriers), and lights. Components can be placed in combination with others or as standalone elements, depending on necessary tactical and operational conditions. 19. Q: What are vehicle barriers and pedestrian fence? A: These are two types of barriers designed to prevent either the passage of people (pedestrian fencing) or vehicles (vehicle barriers). Their placement depends on the threat at the location and operational requirements of CBP. There are also “hybrid” types of fence that deter both pedestrians and vehicles. 20. Q: Can you deploy cameras instead of building a fence? A: Fencing and technology are complementary tools. Fencing gives Border Patrol agents time they need to stop illegal cross-border activity. Technology is used for border surveillance. Technology allows the Border Patrol to identify and track illegal activity. A combination of technology and tactical infrastructure best allows Border Patrol to do their job safely and effectively. In cases where the technology alone has not deterred illegal incursions, the installation of vehicle barriers has proven to be effective. Pedestrian fence is constructed where needed, based on the environment and threat. For example, in an urban environment, an illegal entrant can be across the border and into the community in a matter of minutes, sometimes seconds. In this environment, pedestrian fencing slows down the entrant so the Border Patrol can apprehend them. In a rural area or remote area, the time it takes for an illegal entrant to mix into the community infrastructure is greater, thereby giving enforcement personnel the advantage of time to respond, and reducing the need for fencing. 21. Q: If the virtual fence doesn’t work, will you fence the entire border? A: Fencing and technology are complementary tools. Fencing gives Border Patrol agents time they need to stop illegal cross-border activity. Technology is used for border surveillance. Technology allows the Border Patrol to identify and track illegal activity. A combination of technology and tactical infrastructure best allows Border Patrol to do their job safely and effectively. 22. Q: What do we expect to accomplish with a fence as opposed to other deterrents? September 19, 2007 FOR OFFICIAL USE ONLY Page 4 of 20 OBP006281 Fence Q&As Version 0.4 A: Fences deter, or substantially slow, illegal entrants. In some locations, fences help provide the Border Patrol with the ability to apprehend illegal entrants. 23. Q: Where are the 370 miles of fencing going to be constructed? A: We have not made final decisions on where all new fencing will be built. There are four main factors that contribute to decisions for fence locations, including (1) initial operational assessments; (2) input from stakeholders, including landowners; (3) environmental assessments; and (4) engineering assessments, which include the cost to construct. Each of these steps is a standard element of the planning process that enables us to make informed decisions in deploying the right mix of tactical infrastructure. Operational assessments by the local Border Patrol Agents and Chiefs – based on illegal crossborder activity and the Border Patrol’s extensive experience – identified locations where fencing would most effectively enhance border security. Since May 2007, CBP has engaged in extensive discussions about the placement of the remaining 225 miles of fencing with state and local stakeholders, including landowners, to ensure that our investments effectively balance border security with the diverse needs of those that live in border communities. As a result of these efforts, we are ready to move to the next phase in our decisionmaking process: starting environmental and engineering assessments. There are a few locations where we have made more substantial progress. In six locations, CBP is nearly ready to award fence design and construction task orders. These task orders cover a total of approximately 20.3 miles at locations in Arizona, New Mexico, and Texas. These fence segments will be constructed on public lands or within the Roosevelt Reservation, and coordination with landowners for access and staging areas has been completed. 24. Q: How did DHS decide where to build a fence? A: We have not made final decisions on where all new fencing will be built. Different environments require different approaches to control our borders. Initial assessments by the local Border Patrol Agents and Chiefs – based on illegal cross border activity and the Border Patrol’s extensive experience – have identified those places on the southern border where they believed new fencing would most effectively reduce illegal immigration. In an urban environment, the illegal entrant can be across the border and into the community in a matter of minutes, sometimes seconds. If accessible to entry, urban areas require an inordinate number of enforcement personnel to effectively confront the illegal activity. In this environment, pedestrian fencing provides a critical deterrent. In a rural area or remote area, the time it takes for an illegal entrant to mix into the community infrastructure is greater, thereby giving enforcement personnel the advantage of time to respond, and reducing the need for fencing. 25. Q: Do individual landowners and communities have a say on where DHS will build fence? A: Since May 2007, CBP has engaged in extensive discussions about the placement of the remaining 225 miles of fencing with state and local stakeholders, including landowners, to ensure that our investments effectively balance border security with the diverse needs of those that live in border communities. As part of these outreach efforts, CBP has contacted almost 600 different landowners, held 18 town hall meetings, and held 4 environmental Public Scoping Sessions. DHS intends to make investments that effectively balance border security with the diverse needs of those that live in border communities. While fencing is an important component of our effort September 19, 2007 FOR OFFICIAL USE ONLY Page 5 of 20 OBP006282 Fence Q&As Version 0.4 to gain control of our borders, we also recognize the potential impact that fencing could have on your communities. We are committed to safe and secure borders. 26. Q: CBP has stated that initial assessments of locations are based on “where it makes sense,” providing the example of urban locations as an effective deterrent. From an operational perspective, does it make sense to build fence and road right on the Rio Grande River? Isn’t the river a natural boundary? A: Although the Rio Grande River provides a natural boundary, it does not provide a significant barrier or deterrent in all locations. Some of those areas may be near urban areas, which is similar to the situation that currently exists in downtown El Paso, Texas, where fencing has existed for many years. 27. Q: What other factors are going to affect or prohibit your commitment to build 370 miles of fence? A: Initial Border Patrol assessments recommend a total of roughly 370 miles of fencing along the southern border’s 2,000 miles. These initial recommendations from Border Patrol Sectors provide the starting point for decisions on where to build fence. In addition to the initial operational assessments by Border Patrol, other variables are being evaluated. These include environmental impacts, cost to construct, and design features. We are continuing to move forward in the process by conducting environmental and engineering assessments. 28. Q: Is the wall going to hurt business? A: The border fence will not affect legitimate cross-border trade or travel. All legal trade occurs through the ports of entry, so only illegal business would be affected by fencing. The fence will give agents a valuable tool to stop illegal incursions. In addition, the reduction of crime rates in border communities also results in the improvement of the quality of life. Since construction of fencing and the addition of Border Patrol Agents, a significant growth in industrial and residential development, has facilitated the commercial growth throughout border areas. Outreach and Materials 1. Q: I’ve heard that you are being required to work with local stakeholders? A: Since May 2007, CBP has engaged in extensive discussions about the placement of fencing with state and local stakeholders, including landowners, to ensure that our investments effectively balance border security with the diverse needs of those that live in border communities. We are committed to engage local stakeholders and consider local concerns as we fulfill our mission to secure our nation’s border. This is a standard step of our planning process that enables us to make informed decisions in deploying the right mix of tactical infrastructure. 2. Q: I’ve heard some people have seen fence designs; why is that? A: Border Patrol Agents will show pictures of likely fence designs to potentially affected land owners and local community members. While other types of fence may be built, these pictures show fences already constructed along the southwest border including (a) a double layer steel mesh design; (b) a bollard fence design; and (c) a wrought iron fence, which we consider an ornamental design. 3. Q: Why does this brochure you provided discuss condemnation? A: We are providing potentially affected landowners with official Department of Transportation (DOT) brochures that address federal land acquisition procedures, including condemnation and relocation assistance. These brochures were created by the Federal Highway Administration September 19, 2007 FOR OFFICIAL USE ONLY Page 6 of 20 OBP006283 Fence Q&As Version 0.4 (FHWA), a component agency of DOT, which is the lead federal agency for the implementation of the Uniform Relocation Act (URA). The URA provides for the uniform and equitable treatment of persons whose property is acquired for public use. The regulations require a full and open federal land acquisition process, so the brochures are comprehensive and educational. Due to the subject matter, the brochure addresses condemnation and relocation assistance extensively. While distributing these brochures does not mean we intend to condemn your property, we feel providing these brochures is necessary to meet our obligation to educate you about your rights and benefits. 4. Q: If you haven’t made decisions, why have I seen maps in the newspaper and online? A: We have released maps of the proposed fence locations as part of the NEPA compliance process. A step in the NEPA process is to notify federal, state, and local governmental agencies, of our proposed project, as well as to seek public input. The objective of this notification is to request data and input from the agencies, departments, bureaus, and communities that may be affected by, or have an interest in, the proposed action. In order to obtain useful input into the proposed action, we provide descriptions of the proposed projects and maps of the proposed project sites. 5. Q: What about the map that was previously released depicting the placement of fence in Texas? A: The map was provided to local representatives as part of our efforts to keep stakeholders informed of our efforts. The map was a starting point for our dialogue. The map was based on initial assessments, including operational assessments by the local Border Patrol Agents and Chiefs to illustrate where fencing might improve border security. Right of Entry for Construction 1. Q: Does an ROE for Construction mean you have made a final decision? A: An ROE for Construction is an intermediate step in the decision-making process, NOT the actual start of fence building. Obtaining an ROE for Construction does not indicate that a final decision has been made, but it does indicate that there is a high probability that this is a site where we will build fence. 2. Q: What does signing an ROE for Construction mean? A: An ROE for Construction provides the government with access to proposed fence locations to gather more detailed information to make informed decisions in deploying tactical infrastructure. By signing an ROE for Construction, the landowner grants the government the right to perform necessary assessments and construct on the property while the landowner and the government negotiate the real estate settlement, should a final decision be made to do so. Obtaining an ROE for Construction does not indicate that a final decision has been made, but it does indicate that there is a high probability that this is a site where we will build fence. 3. Q: Once I’ve signed an ROE for Construction, what might cause you to decide not to build on my property? A: Until construction begins, the government only conducts advanced planning due diligence, and reserves the right to vacate that site. Environmental (including hazardous waste issues), engineering, or other issues could cause us to decide not to build on a potential site. Once construction commences, the government will procure the land for no less than its appraised fair market value. If the government begins construction and then stops for some reason and chooses not to procure the land, whatever was erected will be removed completely, and the landowner will be compensated for any and all damages. 4. Q: If I sign an ROE for Construction, does that mean I’m giving you my property? September 19, 2007 FOR OFFICIAL USE ONLY Page 7 of 20 OBP006284 Fence Q&As Version 0.4 A: Signing an ROE for Construction provides the government with access to the property and the right to construct, but does not provide the government with ownership of the property. With a signed ROE for Construction, the government may access proposed fence locations to gather more detailed information to make informed decisions in deploying tactical infrastructure. If the government does decide to build on that site, the government can move directly to construction. However, signing an ROE for Construction does not provide the government with title. The landowner and the government will still negotiate the real estate settlement. Obtaining an ROE for Construction does not indicate that a final decision has been made, but it does indicate that there is a high probability that this is a site where we will build fence. 5. Q: If I’ve already signed an ROE for Survey and Exploration, why do you want me to sign an ROE for Construction? A: An ROE for Construction allows us to move efficiently between the survey and exploration state into construction. In addition, an owner’s willingness to sign an ROE for Survey and Exploration is not an accurate gauge of whether the landowner is likely to sell all or a portion of their property. While not a guarantee of a landowner’s willingness to sell, an ROE for Construction provides the best evidence of whether the landowner is willing to negotiate to sell their property, which is essential information for planning purposes. 6. Q: If the landowner does not sign the ROE for Construction, will the government take the land and build a fence on it? A: We consider landowners to be partners in our border security strategy, and want to find solutions that balance the need for the security of our borders with the needs of those who live in border communities. 7. Q: Does the government need a right of entry to come on my property for this project? A: The government will only enter private property in accordance with the law and/or the owner’s permission. Earnest Payment 1. Q: Do I get anything for signing an ROE for Construction? A: In consideration for signing the ROE for Construction, CBP will make a good faith earnest payment of $3,000 to the landowner. The earnest payment shows CBP is seriously considering acquiring an interest in the property. This earnest money is paid to and kept by the landowner, whether or not fence is ultimately constructed, and it is not related to the value of the land nor a partial payment for it. 2. Q: If I accept the $3,000 and you don’t build on my property, do I have to give the money back? A: This earnest money is paid to and kept by the landowner, whether or not fence is ultimately constructed, and it is not related to the value of the land nor a partial payment for it. 3. Q: Does accepting the $3,000 mean I’ve sold you my property? A: Signing an ROE and accepting this payment does NOT abdicate the landowner’s rights of ownership and the government takes no ownership of the land or any portion of it. U.S. Army Corps of Engineers 1. Q: Who will be doing the work? A: The U.S. Army Corps of Engineers, in partnership with CBP, will solicit and award multiple competitive commercial contracts for the design and construction of most fencing. September 19, 2007 FOR OFFICIAL USE ONLY Page 8 of 20 OBP006285 Fence Q&As Version 0.4 2. Q: If final decisions have not been made, why has the U.S. Army Corps of Engineers issued construction contracts? A: The U.S. Army Corps of Engineers has issued Multiple Award Task Order Contracts (MATOCs). These contracts enable the U.S. Army Corps of Engineers to identify a pool of contractors who will then be able to propose on and execute task orders based on specific requirements. These MATOC awards essentially serve as a type of retainer. The MATOCs are Indefinite Delivery Indefinite Quantity contracts that do not include specific locations or requirements. Specific locations and requirements will be included in follow-on Task Orders. 3. Q: What is the role of the U.S. Army Corps of Engineers? What is the role of the Engineering and Construction Support Office? A: The U.S. Army Corps of Engineers (USACE), and within it the Engineering and Construction Support Office (ESCO), has been chartered to work with the SBI Program Management Office and the U.S. Customs and Border Protection (CBP) on most of the fence. ECSO is coordinating the support of multiple USACE engineering districts responsible for the four states of the southwest border. ECSO, comprised of disciplines from the Environmental, Real Estate, Engineering and Design, and Business Management, is developing a coordinated effort with the SBI Program Management Office for the construction of tactical infrastructure along our nation’s borders. 4. Q: Who will construct the fencing? Will contractors be used? A: Yes, contractors will be used for various aspects of this project, including construction. 5. Q: Why doesn’t the Department of Homeland Security build everything themselves? A: Because of the scale and the timeline for this endeavor, DHS and CBP intend to use the flexibility of the SBInet program to use multiple contractors help achieve effective control of the border. DHS and CBP will leverage the experience and capability of the U.S. Army Corps of Engineers to complete this tactical infrastructure construction. This allows DHS and CBP to focus their effort on requirements definition and oversight of USACE activities, and plan for operating and sustaining this infrastructure. 6. Q: Why are there so many conflicting messages? A: There are a lot of stories being written out there. If you hear something that is different from what I am saying today or you have concerns, you may direct them to the Chief Patrol Agent. Construction Timeline 1. Q: When will the project be completed? A: The Administration is committed to having a total of 370 miles of fence – as part of the right mix of vehicle barriers, personnel, and technology – completed by December 31, 2008. This will contribute to the goal of gaining effective control of the southwest border. 2. Q: What is the estimated construction timeline? A: The time required to complete a given project or activity will vary. Timelines will be discussed with landowners once a construction schedule is finalized. A government representative will keep landowners informed of any upcoming activities on your property and any changes in schedule. 3. Q: What time of year will you be doing this project? A: Work may continue throughout the year. September 19, 2007 FOR OFFICIAL USE ONLY Page 9 of 20 OBP006286 Fence Q&As Version 0.4 4. Q: Will property owners be able to negotiate what time of year the project can be done? A: To the greatest extent possible. 5. Q: Will construction be going on during hunting season? A: Work may need to continue throughout the year, but all concerns will be considered. 6. Q: What will be done with the equipment during hunting season? Will it remain on the property or will it be removed? A: All concerns during construction will be considered. 7. Q: Will property owners be able to designate what time of day you can enter my property? A: During the construction phase, the objective will be to complete the project as quickly as possible, while causing the least amount of interference to farm or ranch operations. These types of issues may be addressed in negotiations. Property Impacts 1. Q: How much property will be needed? A: The amount of property needed varies. Only the property essential for the successful completion of the project will be considered. Representatives from the Border Patrol and Army Corps of Engineers will notify landowners in advance of any activities on private property, provide schedule-related information, and keep landowners informed of progress and any changes in schedule. 2. Q: What are the dimensions of the fence? A: The fence design will depend on the specific operational requirements and characteristics of the area to be fenced. 3. Q: Will the landowner’s view be affected, and will they continue to have access to the river? A: The landowners view may be affected, but to what degree depends on fence design and placement. 4. Q: If landowners have property on both sides of the levee, and DHS erects a fence on the levee, will the landowner have access to the other side of his/her property? If so, how? A: Where possible, we want you to maintain the same rights and access to your land you have now. The government will work with you to try and reach a mutually acceptable arrangement. 6. Q: Will landowners have to check in and out when entering/leaving their property? A: No. 7. Q: If we have a river in Texas, why do we need to build a fence? A: In some locations, the river has not proven to be an effective deterrent to illegal entry. The fence will provide additional deterrence. 8. Q: Will the fence be limited to the river area or will it extend further onto my property? A: The affected area of your property will vary depending on the project and the physical characteristics of the area under consideration. As each project develops, a government representative will inform you, the landowner, of the specific details of the project, including a discussion of how much of your land/property will be affected by the project. September 19, 2007 FOR OFFICIAL USE ONLY Page 10 of 20 OBP006287 Fence Q&As Version 0.4 Property Access for Fence Project Activities and Construction 1. Q: Will landowners be able to designate entry and/or exit locations on their property? A: Depending on local conditions, you, the property owner, will be able to designate reasonable entry and/or exit locations to your property. The government will make every effort to accommodate the wishes of the property owner, as long as those wishes are consistent with the agency’s operational necessities and mission to protect the borders. 2. Q: Will landowners be able to limit access to only those portions of land that are defined within the project? A: For construction, the government will make every effort to accommodate the wishes of the property owner, and may come to an agreement regarding access that specifies access points or other restrictions. The government will only have access where necessary, such as to roads, staging areas, etc. However, to fully evaluate some resources, it may be necessary to go beyond the limits of the proposed construction location. Additionally, potential impacts to adjacent areas outside the limits of the construction location may also be needed. 3. Q: Who is coming onto my property? Who exactly will have access to my property; contractors, surveyors, environmentalists? A: Several phases will take place prior to actual construction. The area will be surveyed and an environmental assessment will be made of the project area prior to construction. During the construction phase, U.S. Army Corps of Engineers personnel, their commercial construction contractors, and Border Patrol Agents may be present. 4. Q: Will there be a designated official from the government (Border Patrol, DHS, etc.) accompanying the contractors? A: Only during the initial stages; however, you can contact the Border Patrol if you have questions or concerns. 5. Q: Will I be allowed to have a representative present during all phases of the project? A: Your input as a landowner is important and welcomed. If you plan on having a representative present, this requirement can be negotiated on a Memorandum of Understanding (MOU) or other contractual document prior to the start of the project. Certain safety restrictions will apply. 6. Q: Will you contact me before entering the property? A: If you request notification prior to every entry, all efforts will be made to do so. 7. Q: Can I change my mind during the project about allowing access to the project? A: Yes, you can change your mind; but we would rather have your full cooperation ahead of time to avoid jeopardizing the project. In other words, we want you to be fully aware of what to expect before agreeing to let the work take place. Personal or Property Damage 1. Q: Who will maintain the project site? A: The government will be responsible for normal maintenance of the project area. 2. Q: If contractors working on behalf of the government damage my property, who will pay for damages? A: If property damage is caused by a negligent or wrongful act or omission of the federal government during construction, the owner will be provided with an SF-95, “Claim for Damages, September 19, 2007 FOR OFFICIAL USE ONLY Page 11 of 20 OBP006288 Fence Q&As Version 0.4 Injury or Death” to request compensation, which may be provided under existing statutes and regulations. However, should damage be caused to the project area by non-federal government personnel, the damaging parties will become responsible for repairs. 3. Q: Who will repair and replace any fencing damaged or moved? A: In some cases, existing fences will be removed and replaced with new fencing of equal or better quality. If the federal government is responsible for damage to any existing fencing as a result of this project, repair and/or replacement will be made at government expense based on existing statutes and regulations. 4. Q: Who will be responsible for property damage that is incurred outside the scope of the project? A: Damage caused by negligent or wrongful acts or omissions of the federal government may be compensated under existing statutes and regulations. Claimants will be provided an SF-95, “Claim for Damages, Injury or Death,” to request compensation. 5. Q: Will damaged property be fixed or replaced as it was before the damage occurred? A: If the property damage is the result of a negligent or wrongful act or omission of the federal government, the damaged property will be fixed or replaced to the extent that it is reasonably possible. 6. Q: Are they going to dig everything up? / If they dig holes on my property, will they fill them in? A: Any necessary hole will be back filled so as not to pose a danger to persons or livestock 7. Q: What will be done with the brush once it has been cleared from the property? A: The federal government will properly dispose of the brush. 8. Q: What about the trash that will accumulate throughout the construction project? A: The federal government will properly dispose of any trash that is generated by the construction project. 9. Q: Who will be responsible or carry the liability if an injury and/or death occurs to one of the contractors? A: Liability for injury and/or death to a contractor will be determined on a case-by-case basis after careful review of the facts. 10. Q: What if one of my workers, my family or I get injured or killed as a result of this project? How will the families or estates be compensated? A: Responsibility falls upon the negligent party. If property damage or personal injury is caused by a negligent or wrongful act or omission of the federal government during construction, the owner will be provided with an SF-95, “Claim for Damages, Injury or Death” to request compensation, which may be provided under existing statutes and regulations. Contractors will be liable if they are negligent. 11. Q: What about any livestock and game animals I may have in the area? / What happens if one of my livestock or game animals are injured or killed? / What if they leave the gate open, who’s going to catch my cows? A: If livestock is harmed as a result of a negligent or wrongful act or omission of the federal government, the owner will be provided with an SF-95, “Claim for Damages, Injury or Death” to request compensation, which may be provided under existing statutes and regulations. Should livestock stray due to the negligence of the Border Patrol (federal government), the Border Patrol will make every effort to assist the owner in helping round-up the cattle. September 19, 2007 FOR OFFICIAL USE ONLY Page 12 of 20 OBP006289 Fence Q&As Version 0.4 12. Q: Will there be a barrier between the construction site and the pasture to keep livestock and game animals away from the site? / Will this portion of property be fenced from my ranch prior to construction use? A: During construction, precautions will be taken to protect livestock upon the initiation of the project. No other barriers will be erected. 13. Q: Will I be compensated for the loss of revenues generated from leasing out my land for hunting and grazing rights? A: You will receive the fair market value of the whole property being acquired. The most accepted method of appraisal is the comparable sales method and so, based on the highest and best use of your land, which might be grazing, a value will be determined based on recent market sales of like property. An income approach to value may also be developed and considered where applicable along with the comparable sales approach to determine a market value of the property being acquired. Construction Activities 1. Q: Will I have a say regarding the locations of roads/fences/staging areas? A: You, the property owner, will be consulted on the locations of access roads and staging areas, but decisions on the location of the fencing will be made by government representatives. 2. Q: Could this work contaminate my land? A: The federal government will comply with all federal environmental requirements to protect against environmental damage to your land. 3. Q: How often will contractors be on the project site? A: During construction or improvements, government personnel and contractors may be at the site daily until the project is complete. Upon completion, the project site will be patrolled according to operational needs. 4. Q: What type of materials will be stored on my property? A: The type of materials that will be stored in your property will vary from project to project. In most cases construction materials – such as base material, earth fill, etc. – will be stored on or near your property. 5. Q: Which components of the construction will need to be considered in an environmental assessment (EA)? A: a) Turnaround areas, b) construction staging areas, c) bivouac areas, d) borrow pits, e) access roads, f) storm water discharge, g) the actual footprint of the fence, and f) and any other activities that could potentially impact environmental resources. Land Surveys 1. Q: What is a land survey? A: It is a process engineers use to get location and elevations of points on the ground to be used in design. 2. Q: What is the purpose of a land survey? A: To measure the topography, which is an important step in planning and completing the project successfully and timely. September 19, 2007 FOR OFFICIAL USE ONLY Page 13 of 20 OBP006290 Fence Q&As Version 0.4 3. Q: Who will be doing the land survey? A: Private local companies contracted by the federal government will conduct the surveys. 4. Q: How will the survey be conducted? A: Contractors will use GPS equipment to measure the topography. There will be little or no disturbance of the property. 5. Q: How will surveyors mark specific locations? A: In some locations, there will not be any need to mark the property. In other locations, wooden surveyor’s sticks with colored ribbons tied to them may be inserted into the ground. 6. Q: How long will surveyors be on my property? A: This will vary on the size of the property. On average, they will need access to the property for about 2 weeks. 7. Q: Will surveyors or contractors be escorted by a government employee? A: Not in all cases. 8. Q: What type of equipment will they be using to conduct the survey? A: GPS equipment, which will consist of a backpack and a pole. 9. Q: Who is responsible for the cost of the survey? A: The government. Environmental Assessments 1. Q: Are all environmental laws going to be followed with construction of the fence? Are any waivers or “fast track” exemptions going to be requested? A: Although the Secretary of Homeland Security may waive certain laws in the interest of national security, we will make every effort to comply with federal laws and be good stewards of the environment whether or not any waiver is exercised. We will initiate the National Environmental Policy Act (NEPA) documentation process for all fence segments. 2. Q: Will environmental assessments be conducted for all fence segments? A: We will initiate the NEPA documentation process for all fence segments, conducting Environmental Assessments (EAs) by Border Patrol Sector. Exceptions include: (a) we will conduct two EAs for El Paso Sector, one in each state; (b) we will conduct an Environmental Impact Statement (EIS) for RGV; and (c) we will prepare an EIS for the Brown Field and Chula Vista Stations in San Diego Sector. Where feasible, the NEPA documents will cover all miles of proposed fence, access roads, staging areas, and vehicle barrier. 3. Q: What is an environmental assessment (EA)? A: An environmental assessment (EA) is an evaluation that identifies issues and concerns important to a proposed project, alternate means of accomplishing a project, and environmental effects of each of those alternatives. Surveys are typically needed to evaluate the environmental effects of the alternatives. 4. Q: What is the purpose of the environmental assessment (EA)? September 19, 2007 FOR OFFICIAL USE ONLY Page 14 of 20 OBP006291 Fence Q&As Version 0.4 A: The purpose of an environmental assessment is to outline a project, the various alternatives for implementation, and to evaluate the environmental effects of each of the alternates. The document is presented to the public for their review and input on the project. 5. Q: What specifically are contractors looking for while conducting the environmental assessments? A: They are looking for environmental resources that may be impacted by the proposed project and its alternatives. Examples of such resources include geologic resources (soils, seismicity, etc.), biological resources (vegetation, wildlife, threatened and endangered species, etc), cultural resources (archaeological sites, historic properties, etc.), water resources (rivers, streams, waters of the US, wetlands, etc.), social and economic profiles, land use of the area, hazardous materials, air quality, and noise. 6. Q: Will the public have an opportunity to provide input to the EA? A: CBP will follow DHS guidance on public comment on our draft EA. CBP’s overall approach to public scoping and intergovernmental coordination is to involve interested parties at the earliest possible point in the NEPA process to ensure meaningful participation. Early pubic involvement can take the form of public scopings, meetings or publication of the Description of Possible Actions and Alternatives for review and comment. Additionally, CBP plans to hold meetings with the applicable regulatory agencies prior to issuing a draft document for public review. 7. Q: How can you say you are following environmental processes if not all fence segments had a public comment period? A: There were some fence segments for which, in alignment with the National Environmental Protection Act (NEPA), DHS performed a Supplemental Environmental Assessment (SEA). An SEA is a continuation of prior environmental planning efforts for previously planned or executed projects at the same location as the fence. These previous efforts involved public comment. 8. Q: Who will be conducting the environmental assessment? A: The U.S. Army Corps of Engineers and specified contractors. 9. Q: Will contractors be limited to only the proposed construction location? A: No. To fully evaluate some resources it may be necessary to go beyond the limits of the proposed construction location. Additionally, potential impacts to adjacent areas outside the limits of the construction location may also be needed. This is why the proposed right of entry for the surveys covers land that is outside of the proposed construction location. 10. Q: How long will environmental surveyors be on my property? A: The length of time for surveys on your property varies with the project. Usually it is no longer than one week. 11. Q: What type of equipment will they have to conduct their assessments? A: The equipment needed to conduct assessments varies with the type of project and location of project. Some examples of equipment that might be used are boring drills to take geologic samples and shovels and screens for cultural resources surveys. 12. Q: Who is responsible for the cost of the environmental assessment? A: The government is responsible for the cost of the environmental assessment. There will be no cost to the property owner. 13. Q: Can we (landowners) be reimbursed for use of the land during site investigations? A: No. September 19, 2007 FOR OFFICIAL USE ONLY Page 15 of 20 OBP006292 Fence Q&As Version 0.4 14. Q: This document says digging; I thought you just needed a survey? A: Some surveys such as those for cultural resources require the excavation of test units to evaluate the presence of that particular resource. Excavations are normally quite minimal and are not expected to disrupt the landowners’ use of their property. 15. Q: Will archaeologists take artifacts if they find any? A: The artifacts will be documented, as that is part of the survey process. How those artifacts are treated will depend on what is found. 16. Q: If hazardous waste is found, what is the landowner’s liability? A: Any hazardous waste not caused by the government construction is the responsibility of the landowner. 17. Q: If historic artifacts are discovered, would I be restricted from using my land as I want to? Could the government or a preservationist organization place restrictions on the land use? A: Typically, historic or cultural resources that are found on private land do not have the same protections as those found on public land. In most cases, these resources remain the property of the landowner. There may be exceptions, however, depending on what is found and what federal or state laws are applicable. 18. Q: Can we (landowners) receive copies of all the reports? A: Yes. 19. Q: Are there consequences for the landowner if, during the environmental assessment, the contractor finds threatened or endangered species or cultural sites on their property? A: I can assure you that the federal government will not take away your land because it finds threatened or endangered species on your property. The regulatory agencies that will review the environmental assessments do not take land based on survey findings. 20. Q: Are all environmental laws going to be followed with construction of the fence? Are any waivers or “fast track” exemptions going to be requested? A: The federal government is going to make every effort to comply with all applicable environmental and other laws. You should know that the Secretary of Homeland Security does possess waiver authority that he may utilize to ensure expeditious construction. Therefore, if the Secretary were to determine that certain laws or legal requirements were impeding construction, it would be within his authority to utilize his waiver authority. That determination, however, is left to the sole discretion of the Secretary, and, again, the government is going to do everything it can to comply with applicable law. 21. Q: Will there be any environmental damage to my land? A: All efforts will be made to minimize environmental damage to your land. 22. Q: Who is responsible for the cost of the environmental assessment? A: The acting governmental agency is responsible for the cost of the environmental assessment. There will be no cost to the property owner. 23. Q: What does NEPA stand for? A: National Environmental Policy Act of 1969, an act to establish a national policy for the environment, to provide for the establishment of a Council of Environmental Quality, and for September 19, 2007 FOR OFFICIAL USE ONLY Page 16 of 20 OBP006293 Fence Q&As Version 0.4 other purposes. It was promulgated under 40 CFR, parts 1500-1508. For additional information you can visit the Council on Environmental Quality website at www.whitehouse.gov/ceq/. 24. Q: What does ESA/EIS/EA/CATEX/REC stand for?  An ESA or Environmental Site Assessment is an industry-standard practice used to support land acquisitions, which assesses the potential for soil or water contamination due to historical activities on or adjacent to defined parcels of property.  An EIS or Environmental Impact Statement is an environmental evaluation process for projects known to have significant impacts on the human environment.  An EA or Environmental Assessment on the other hand is an environmental evaluation that is a less strenuous evaluation for projects not believed to have a significant impact on human or natural environment.  CATEX or Categorical Exclusion is a list of DHS activities for which an administrative record exists demonstrating that such activities do not individually or cumulatively have a significant effect on the human or natural environment and that have been found to have no such effect in procedures adopted by DHS and which neither require an EA nor an EIS.  A REC or Record of Environmental Consideration is a brief document that is used to describe and document a proposed action and explain why the preparation of an EA or EIS is not warranted. A REC is used for projects that have already been addressed in existing documentation or to support justification for use of a CATEX. 25. Q: What is MD 5100.1? A: It is an internal DHS management directive, or policy, that governs the environmental planning program. Because CBP is a component agency of DHS, it adheres to internal policies set forth in MD 5100.1. 26. Q: What is a Section 401/404 permit? A: Section 404/401 permits are required under the Federal Water Pollution Control Act (commonly known as the Clean Water Act). This section of the Clean Water Act requires a permitting process whenever projects are constructed in or near areas considered “Waters of the U.S., including wetlands” The 404 Permitting process is administered by the USACE – Regulatory Branch. The Section 401 permit is a Water Quality Certification that is typically administered by the affected state’s environmental quality/resource department. These can be either separate or joint processes. In addition, CBP or its designated representative shall file the necessary construction Storm Water Pollution Prevention Plan (SWPPP) for those project areas exceeding one acre, which is required by the National Pollution Discharge Elimination System (NPDES) program, also under the Clean Water Act. 27. Q: Will the environmental work be coordinated with other agencies? A: Yes. DHS will engage with many federal, state, regional and local agencies, including, but not limited to: the US Section of International Boundary and Water Commission (USIBWC), US Fish and Wildlife Service (USFWS), State Historic Preservation Officer (SHPO), Bureau of Land Management (BLM), Bureau of Reclamation (BOR), the US Forest Service (USFS), and others. 28. Q: What Memorandums of Understanding (MOU) or Agreement (MOA) does SBI or PF 225 Program Management Offices have with federal, state, regional or local agencies for the fence project? A: There are numerous MOUs and MOAs in existence between DHS and other federal agencies to include but not limited to: September 19, 2007 FOR OFFICIAL USE ONLY Page 17 of 20 OBP006294 Fence Q&As Version 0.4 March 2006 MOU between DHS, Department of the Interior (DOI) and U.S. Department of Agriculture (USDA) Forest Service;  March 2007 MOU with BLM, NM District Office;  December 2005 MOU with IBWC (Rio Grande Valley Sector);  March 2001 MOU with BLM, BIA, and NPS;  Southwest Strategy MOU with a host of agencies;  MOU in progress with IBWC (El Paso Sector). Any new MOUs shall be pursuant to the Department of Homeland Security Management Directive System, MD Number: 0450.1. PF 225 shall endeavor to research other resource agency MOUs to capture avoidance, minimization and mitigation measures which might be applicable for the projects (such as the 30 Aug 06 MOU with DOD and USFWS for promoting migratory bird conservation). Executing interagency agreements will assist in keeping the compliance process on track and will set forth stipulations for dealing with the process under a number of circumstances, thereby keeping the process within an agreeable timeframe.  29. Q: What efforts will be undertaken to avoid, minimize or mitigate potential impacts to the environment? A: DHS and its designated representatives will continue to engage various resource agencies to discuss not only avoidance where possible, but minimization and possible mitigation measures as well as best management construction practices. 30. Q: What threatened and endangered species or species of concern might be impacted by the projects? A: Impacts to threatened and endangered species or species of concern are a concern for all projects undertaken by DHS. DHS is currently working with the U.S. Fish and Wildlife Service to identify potential threatened and endangered species that exist with the proposed project locations. 31. Q: Will there be coordinating efforts with the Mexican government since the projects are on the border? A: Yes, DHS has already engaged with the U.S. Section of the International Boundary and Water Commission (USIBWC) and that agency is presently drafting a nation-wide Memorandum of Understanding to address projects along the border. 32. Q: Will there be efforts to avoid, minimize or mitigate historic sites where fence is being constructed? A: Yes. The appropriate SHPO and Native American tribes will be consulted if any Sacred Sites or Traditional Cultural Places are discovered or known to exist near the project locations. Measures will be taken to avoid, minimize, or mitigate the potential impact of construction on historic sites. 33. Q: Will Native American tribes be consulted? A: Yes. DHS will consult with all the appropriate federally-recognized Native American tribes, and they will be accorded the respect granted to sovereign nations. 34. Q: Will there be any efforts to preserve water resources? A: CBP will make every effort to address resource issues that may impact the local and regional environment (including water resources) as much as practicable while still pursuing its support of the Border Patrol’s mission to gain and maintain operational control of the border. 35. Q: How will the public be engaged and informed in the NEPA process? September 19, 2007 FOR OFFICIAL USE ONLY Page 18 of 20 OBP006295 Fence Q&As Version 0.4 A: CBP will endeavor to provide as much information as possible to the general public through a variety of methods including, but not limited to, public meetings, internet website dedicated to this project, face-to-face meetings, newsletters, and individual letters. In addition, when feasible, the public will be able to review and comment on each NEPA document prepared. 36. Q: The waiver has been used twice already; what determines if an environmental waiver will be invoked for this project? A: Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) as amended, any waiver utilized for PF 225 will be at the sole discretion of the Secretary of Homeland Security. Congress has authorized the Secretary to utilize a waiver when it is necessary to ensure the expeditious construction of barriers and roads, like PF 225, that are authorized and/or mandated by IIRIRA. Thus, if PF 225 were to encounter certain impediments to its expeditious construction, it would be within the Secretary’s authority to utilize a waiver. 37. Q: What is a Supplemental Environmental Assessment? A: A Supplemental Environmental Assessment (SEA) is prepared whenever a federal action or project has changed or there have been changes in existing conditions or environmental regulations in the project region since the original Environmental Assessment was completed. Changes in the project that would require a supplemental document to be prepared could include project design, increased footprint, construction schedule, or additional components. Examples of external changes that could occur that would trigger the need for a supplemental document include the new listing of a species or its critical habitat under the Endangered Species Act, discovery of a potentially significant cultural resources site, or the promulgation of new environmental regulations. The SEA will typically focus on only those issues that have changed since the original document was completed. If the project’s design or footprint is the driving force behind the supplement, then most of the impact analysis would need to be re-analyzed; however, much of the existing conditions information could be incorporated by reference from the original document. 38. Q: What is meant by “tiering?” A: The term “tiering” is used when a project- or location-specific NEPA document is being prepared in the same region and for similar projects that have been addressed in a previous NEPA document that addressed program-level or broad-scale actions. Program-level documents typically can not precisely analyze or quantify potential impacts because project designs, locations, or even specific actions have not been identified at that time. Thus, impact analyses are normally generic. The project- or location-specific NEPA documents are then “tiered” from the broader NEPA document to avoid duplication of information and potential segmentation of federal actions. Military Deployment 1. Q: Is the military going to be involved in any part of this project? A: The military is involved with parts of the construction of other fence projects that are already begun, but will only be involved in new fence construction through the civil works element of the U.S. Army Corps of Engineers. Acronym List BLM Bureau of Land Management BOR Bureau of Reclamation CATEX Categorical Exclusion September 19, 2007 FOR OFFICIAL USE ONLY Page 19 of 20 OBP006296 Fence Q&As Version 0.4 CBP U.S. Customs and Border Protection DHS Department of Homeland Security DOI Department of the Interior EA Environmental Assessment ECSO Engineering and Construction Support Office EIS Environmental Impact Statement ESA Environmental Site Assessment IBWC International Boundary and Water Commission IIRIRA Illegal Immigration Reform and Immigrant Responsibility Act of 1996 MATOC multiple award task order contract MOA Memorandum of Agreement MOU Memorandum of Understanding NEPA National Environmental Policy Act of 1969 NPDES national Pollution Discharge Elimination System PPB Permanent Pedestrian Barrier PVB Permanent Vehicle Barrier ROE Right of Entry SBI Secure Border Initiative SEA Supplemental Environmental Assessment SF Standard Form SHPO State Historic Preservation Officer SWPPP Storm Water Pollution Prevention Plan TI Tactical Infrastructure USACE U.S. Army Corps of Engineers USFS U.S. Forest Service USFWS U.S. Fish and Wildlife Service September 19, 2007 FOR OFFICIAL USE ONLY Page 20 of 20