Major Steps for Tactical Infrastructure Projects

Border Patrol identifies operational requirements

Border Patrol Station PAICs identify fencing priorities for their respective areas of
operation. This information is approved and prioritized by Sector Chief and entered into
station/sector ORBPP.

SBI/Army Corps of Engineers develop rough order scope and estimate

SBI receives requirement and contracts through Army Corps of Engineers to develop
project scope and cost estimate. Army Corps of Engineers submits estimates to SBI.

Approval obtained to obligate CBP funds

SBI and OBP examine cost benefit and decide if funds should be obligated to support
execution of the project.

Conduct Environmental Assessments or Environmental Impact Statements and

determine potential impacts
Once funds have been obligated, the NEPA process is initiated to identify any potential
impacts. Biological and cultural surveys are conducted as well as Phase I inspection to
insure no pre-existing contamination exists. Before environmental surveys can be
conducted on property, a signed Right of Entry for Survey and Exploration is required.

Initiate engineering and develop conceptual design layouts

Army Corps of Engineers issues contract for engineering and development of design
drawings for project. For several years, Army Corps has contracted this effort through
Baker Engineering. These designs are issued to meet predetermined bench marks;
preliminary, 30/60/90% and final drawings.

Engage local stakeholders and gather input

In coordination with CBP and DHS counterparts, OBP meet with all stakeholders and
inform them of DHS border strategy. OBP engaged stakeholders to obtain rights of
entry.

Obtain necessary approvals from environmental authorities

A Finding of No Significant Impact (FONSI) or a Record of Decision (ROD) must be
issued before any construction action can take place unless the S1 Waiver is invoked.
Depending on the level of impact, CBP may be required to mitigate as deemed necessary
by appropriate regulatory agencies.

Determine Real Estate requirements and initiate any required acquisitions with
current owner (i.e., Memorandum of Understanding with federal or local
governments, right of entries with private land owners, purchase agreements, etc.)
as applicable
SBI contracts through Army Corps of Engineers to be the lead for property acquisition
efforts. OBP accompanies designated Army Corps Real Estate Specialists throughout
negotiation process with private landowners and other government agencies. CBP and
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OBP determine appropriate acquisition method. Depending on cooperation of

landowner/state and local government offices, either agreement is reached or decision is
made to condemn property (see attached flowchart).

For military build; develop Bill of Material, order supplies, schedule and coordinate
Unit deployments
SBI, OBP and Sector Project Delivery Teams coordinate with National Guard and
BPSCC to ensure military design specifications are completed, materials purchased and
project schedule finalized to support duration and rotational units.

For commercial contract build; solicit proposal and award contract

SBI contracts through the Army Corps of Engineers to solicit and award commercial
contracts for project construction.

Develop anticipated maintenance schedules and budget needs

SBI and CBP Asset Management are responsible for O&M management for all pre-
existing and proposed tactical infrastructure.

Procure materials and commence construction

SBI contracts through Army Corps of Engineers the procurement of materials to support
infrastructure projects.

Complete construction and add asset to capitalized inventory

SBI and Army Corps determine contract benchmarks have been reached and
determination of construction completion is made. Newly constructed infrastructure is
subsequently added to O&M budget and schedule.
Definitions
Condemnation – (Per DOT/FHWA) The legal process of acquiring private property for
public use or purpose through the agency’s power of eminent domain. Condemnation is
usually not used until all attempts to reach a mutually satisfactory agreement through
negotiations have failed. An agency then goes to court to acquire the needed property.
The land becomes available to government when a Federal Court issues the Order of
Possession (typically 120 days). Under normal circumstances, the actual time to close
out all civil actions and appeals takes anywhere from 120 days to several years.

DOJ notes that condemnation is a viable tool when:

Landowner is unwilling to sell at any price

Parties cannot agree on price
Title defects
Missing or unknown landowner
Landowner violates terms of contract for sale
Landowner’s request or necessity

Declaration of Taking – is the process used by the government to implement its eminent
domain authority as authorized and described in the Declaration of Taking Act (40 U.S.C.
3114). The process is used to gain access to property for survey and exploration, as well
as for acquisition.

Right of Entry for Survey and Exploration – Although no official definition could be
found, my interpretation is that the government has no legal authority to enter onto
private land for the purposes of conducting survey and exploration actions without first
obtaining a signed right of entry the appropriate land owner. This right of entry outlines
access rights specific to the intended actions and is a separate form that a standard right
of entry Border Patrol currently uses for patrol access.

Right of Entry - The right of taking or resuming possession of land or other real property
in a peaceable manner. The right to go onto another’s real property for a special purpose
without committing trespass.

Right of Entry for Construction – A commitment via bilateral agreement between

government and property’s fee owner that allows the government entry under the stated
terms in exchange for future consideration to be paid for acquisition of fee or easement.