DHS Waives 29 Environmental Laws for Border Barriers Along Remote Rio Grande Wild & Scenic River

Secretary Mullin fast-tracks construction of vehicle barriers and roads in Big Bend

Today, under authority of the Illegal Immigration Reform and Immigrant Responsibility Act and the Real ID Act, the new Secretary of Homeland Security Markwayne Mullin waived 29 environmental and conservation laws in the Big Bend Sector.

This waiver specifically concerns a remote 60-mile section of the Rio Grande Wild and Scenic River, between Black Gap Wildlife Management Area and Amistad National Recreation Area.

Managed by the National Park Service (NPS), this section includes the rugged and spectacular Lower Canyons, where the “river cuts through isolated, rugged canyons and the Chihuahuan Desert as it flows through some of the most critical wildlife habitat in the country.”

“There is presently an acute and immediate need to construct additional physical barriers and roads in the vicinity of the border of the United States in order to prevent unlawful entries into the United States in the project area,” Secretary Mullin said in the waiver, which was published in the Federal Register.

“In order to ensure the expeditious construction of additional physical barriers and roads in the project area, I have determined that it is necessary that I exercise the authority that is vested in me.”

Below, I’ve listed all the laws Secretary Mullin has waived in order to start construction along the Rio Grande, the only congressionally protected wild and scenic river in the entire state of Texas. I’ve made sure to include them all because it’s a powerful indicator of how broad and sweeping this waiver actually is.

• Administrative Procedure Act

• Antiquities Act

• Archaeological and Historic Preservation Act

• Archaeological Resources Protection Act

• Clean Air Act

• Comprehensive Environmental Response, Compensation, and Liability Act

• Eagle Protection Act

• Energy Independence and Security Act

• Endangered Species Act

• Farmland Protection Policy Act

• Fish and Wildlife Coordination Act

• Historic Sites, Buildings, and Antiquities Act

• Federal Cave Resources Protection Act

• Federal Land Policy and Management Act

• Migratory Bird Conservation Act

• Migratory Bird Treaty Act

• National Environmental Policy Act

• National Fish and Wildlife Act

• National Historic Preservation Act

• National Park Service General Authorities Act

• National Park Service Organic Act

• National Trails System Act

• Native American Graves Protection and Repatriation Act

• Noise Control Act

• Paleontological Resources Protection Act

• Safe Drinking Water Act

• Solid Waste Disposal Act

• Wild and Scenic Rivers Act

• Wild Horse and Burro Act

The maps below shows the section of the Rio Grande—in the red rectangle—where the aforementioned environmental and conservation laws no longer apply.

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This first map is a screenshot of CBP’s “Smart Wall Map” and shows the various types of border barriers they’re planning on building in Big Bend.

• Red: primary border wall

• Yellow: technology and patrol roads

• Green: technology only

• Orange: vehicle barrier, technology, and patrol road

This second map is a screenshot of the Rio Grande map on the National Wild and Scenic Rivers System website. It shows the various types of wild and scenic river designations.

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This sweeping waiver authorizes Customs and Border Protection (CBP) to construct new permanent barriers, fences, patrol roads, and detection infrastructure in an area the NPS calls “a wilderness of stone and water.”

This is an area so remote that it’s currently only accessible by spending multiple days on the river.

According to the Park Service, “this free-flowing stretch of the Rio Grande winds its way through desert expanses and stunning canyons of stratified rock. For the well prepared, an extended float trip provides opportunities to explore the most remote corner of Texas and experience the ultimate in solitude, self-reliance, and immersion in natural soundscapes.”

“Congress passed the Wild and Scenic Rivers Act to protect spectacular wilderness rivers just like this very stretch of the Rio Grande. The administration’s decision to waive the act and dozens of other environmental laws lays the groundwork for the destruction of one of the wildest places in America,” said Laiken Jordahl, National Public Lands advocate at the Center for Biological Diversity.

“The Lower Canyons of the Rio Grande are so remote that visitors can float for days without seeing a road, a light or a single sign of the modern world. It’s tragic to see the administration clear the way to blast roads through these serene canyon walls and build a massive barricade across one of the last great rivers in the American Southwest.”

Back in February, the Department of Homeland Security, then still overseen by Kristi Noem, waived 28 environmental and other laws to fast-track construction in the upstream part of Big Bend region.

That waiver included the western section of Big Bend Ranch State Park, where construction contracts have since been awarded. Local media have also reported that contractors have been observed surveying within Big Bend National Park.

As I wrote a couple of days ago, CBP Commissioner Rodney Scott said in a recent interview that they do not currently intend to build an actual physical wall in the national park, adding that they’re planning on building paved roads along the Rio Grande.

There has, however, been no official statement clarifying or confirming this.

It remains to be seen whether CBP will proceed to waiving environmental laws in the national park as well, which it will need to do in order to legally do any construction work there.

At this point, Homeland Security has waived environmental and conservation laws on both sides of Big Bend National Park. It’s basically the only section of the Big Bend area that hasn’t seen any waivers. I’m predicting we’ll see that soon, though.

Considering that the national park is arguably the most high-profile part of the area, it’s entirely possible they’re trying to postpone that waiver announcement as long as they can.

So, What Can You Do?

If you care about the national and state parks, the Rio Grande itself, and the greater Big Bend area, please keep the pressure on. Keep supporting the local organizations who are pushing back against this unpopular wall and other destructive infrastructure:

• Keep Big Bend Wild

• No Big Bend Wall

• National Parks Conservation Association

• Coalition to Protect America’s National Parks

• Center for Biological Diversity

Follow them on social media and share their posts. Check out their advocacy resources. Support them with a donation if you can.

If you live in Texas yourself, contact your Senators and Representative. That includes both national and state politicians, even Governor Greg Abbott himself:

• U.S. Congress

• Texas State Congress

• Governor Abbott

You can also use this super-easy 5calls.org script.

Another meaningful way to push back against the Big Bend border infrastructure, regardless of whether you live in Texas or elsewhere in the country, is adding your signature to this rapidly growing petition, which, at the time of writing, has amassed over 130,000 signatures.

Lastly, help spread the word. Share this article. Tell your friends, family, and neighbors about it. Post about protecting the Big Bend area’s unique character on social media.

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"Border Wall in Big Bend Is Not Practical Or Strategic," Five Texas Border Sheriffs Say In A Joint Statement

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All Texas Border County Judges Asked For More Transparency on Big Bend Border Wall Plans—Two Days Later CBP Deletes Its "Smart Wall Map"

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Thanks for speaking up for our public lands and waters!

See you out there,

Bram

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• Photo 1: NPS / HYoung

• Photo 2: NPS / MLandis