12
EXHIBIT 1 Case 4:19-cv-00892-HSG Document 266-1 Filed 01/08/20 Page 1 of 12
EXHIBIT 1
Case 4:19-cv-00892-HSG Document 266-1 Filed 01/08/20 Page 1 of 12
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION
STATE OF CALIFORNIA, et al.,
Plaintiffs,
v.
DONALD J. TRUMP, et al.,
Defendants.
SIERRA CLUB, et al.,
Plaintiffs,
v.
DONALD J. TRUMP, et al.,
Defendants.
No. 4:19-cv-00872-HSG No. 4:19-cv-00892-HSG
DECLARATION OF LOREN FLOSSMAN
I, Loren Flossman, declare as follows:
1. I am the Acquisition Program Manager for the Wall Program Management Office (Wall
PMO), U.S. Border Patrol Program Management Directorate, U.S. Customs and Border
Protection (CBP), an agency of the Department of Homeland Security (DHS). The Wall
PMO is responsible for border barrier projects.
2. The statements in this declaration are based on my personal knowledge and information
that I have received in my official capacity.
Case 4:19-cv-00892-HSG Document 266-1 Filed 01/08/20 Page 2 of 12
3. CBP has previously executed declarations dated April 1, 2019, May 14, 2019, July 11,
2019, and October 3, 2019, that explained CBP’s use of Treasury Forfeiture Fund (TFF)
funds for barrier construction activity along the southern border. This declaration
provides updated information about CBP’s use of TFF funds.
4. As explained in the October 3 declaration, on September 27, 2019, the Department of
the Treasury transferred to a CBP account $600,993,368.26 to support CBP’s law
enforcement border security mission. Prior to the transfer of TFF funds, CBP submitted
one claim to TFF for reimbursement of expenses. On September 4, 2019, CBP
submitted a request for reimbursement of $6631.74 for CBP program management and
support costs associated with planning potential TFF funded projects. CBP received
reimbursement for these funds on September 12, 2019.
5. As explained in the prior CBP declarations, CBP had planned to utilize the TFF funds
for planning and construction exclusively within Texas, in the United States Border
Patrol Rio Grande Valley (the Rio Grande Valley Sector) and/or the United States
Border Patrol Laredo Sector (the Laredo Sector). At the time of the previous
declarations, however, no final decisions had been made as to the final barrier location
for any project funded by the TFF in the Rio Grande Valley and/or Laredo Sectors and
no TFF funds had been obligated to specific border barrier projects in these Sectors.
6. CBP recently made decisions as to how it will allocate the approximately $601 million
of TFF funds to support CBP’s border security law enforcement mission.
7. CBP will use $340 million of the TFF funds for border barrier projects in the Rio
Grande Valley Sector as follows:
Case 4:19-cv-00892-HSG Document 266-1 Filed 01/08/20 Page 3 of 12
a. $124 million of the $340 million will be used to construct border barriers in the
Rio Grande Valley Sector. On December 27, 2019, CBP, through the United
States Army Corps of Engineers, exercised contract options for the barrier
projects known as RGV 09 and RGV 10. The RGV 09 and RGV 10 projects had
previously been funded exclusively with funds appropriated in the Fiscal Year
2019 CBP appropriation (Public Law No. 116-6, § 230). Regarding the RGV 09
project, approximately $11 million in TFF funds were used to fund a contract
option that will increase the height of a planned segment of barrier in the Rio
Grande Valley Sector in Starr County, Texas, from 18 feet to 30 feet. For the
RGV 10 project, approximately $113 million in TFF funds were used to fund a
contract option that will add approximately 10 miles of barrier to the RGV 10
project. These additional miles are located in the Rio Grande Valley Sector in
Hidalgo County and Cameron County, Texas. The locations of the RGV 09 and
RGV 10 projects, including the areas with project costs associated with the
contract options discussed above, are depicted in the attached Exhibit A.
Construction on the RGV 09 and RGV 10 projects, including the portions of those
projects funded with TFF funds, will begin once CBP has acquired sufficient real
estate. CBP does not anticipate that it will have sufficient real estate prior to July
2020.
b. $216 million of the $340 million in TFF funds that will be used in the Rio Grande
Valley Sector will be used for program and project activities such as construction
management, change management, i.e., covering increased project costs due to
unforeseen site conditions and other contingencies, and real estate planning and
Case 4:19-cv-00892-HSG Document 266-1 Filed 01/08/20 Page 4 of 12
acquisition for planned or on-going border barrier projects in the Rio Grande
Valley Sector that are funded by one of three sources, CBP’s Fiscal Year 2018
appropriation (Public Law No. 115-141, § 230), CBP’s Fiscal Year 2019
appropriation (Public Law No. 116-6, § 230), and, as noted above, TFF funds.
8. As noted above, the prior CBP declarations stated that CBP had planned to utilize the
TFF funds for planning and construction exclusively within Texas, in the Rio Grande
Valley and/or Laredo Sectors. CBP has now decided to expand the use of TFF funds for
planning beyond the Rio Grande Valley and Laredo Sectors.
9. In particular, CBP intends to use the remaining balance of approximately $261 million
in TFF funds for real estate planning activities for future year barrier construction in the
United States Border Patrol’s priority locations along the southwest border. Real estate
planning activities involves, among other things, planning for future barrier alignments,
title research, surveys, and appraisals. If there is surplus funding that is not needed for
real estate planning activities, CBP would allocate any remaining TFF funds to other
activities in support of CBP’s law enforcement border security mission.
10. The decision to expand the use of the TFF funds for planning beyond the Rio Grande
Valley and Laredo Sectors was the result of CBP having received funding in its Fiscal
Year 2020 appropriation (Public Law 116-93, § 209) that will fund its highest priority
locations in the Laredo Sector. Because CBP has now received funding for its highest
priority locations in the Laredo Sector, $340 million in TFF funds may be used for
priority projects in the Rio Grande Valley Sector, and the remaining balance of the TFF
funds may be used to plan for future year barrier requirements. Future year planning
will allow CBP to streamline the execution of such projects and more quickly deliver the
Case 4:19-cv-00892-HSG Document 266-1 Filed 01/08/20 Page 5 of 12
capabilities required for the United States Border Patrol to deter and prevent illegal entry
on the southwest border.
This declaration is made pursuant to 28 U.S.C. § 1746. I declare under penalty of perjury that
the foregoing is true and correct to the best of my current knowledge.
Executed on this 8th day of January, 2020.
Loren Flossman Acquisition Program Manager
U.S. Customs and Border Protection
Case 4:19-cv-00892-HSG Document 266-1 Filed 01/08/20 Page 6 of 12
EXHIBIT A
Case 4:19-cv-00892-HSG Document 266-1 Filed 01/08/20 Page 7 of 12
WARNING: This document is FOR OFFICIAL USE ONLY (FOUO) .It contains information that may be exempt from public release underthe Freedom of Information Act (5 U.S.C. 552). It is to be controlled,stored, handled, transmitted, distributed, and disposed of in accordancewith DHS policy relating to FOUO information and is not be released tothe public or other personnel who do not have a valid "need-to-know"without prior approval of an authorized DHS official.
Exhibit A
LAREDO
RI OGR A NDEVA LLEY
*If sheet measures less than 11x17" it is a reduced print.Reduce scale accordingly.
AREA ENLARGED
Æk
Æk
Æk
Æk
£¤83
£¤83
UNITED STATES
MEXICO
MCALL
EN ST
ATION
RIO GR
ANDE C
ITY ST
ATION
LAREDO S ECTOR
RIO GRANDE VALLEY SECTORFa lcon
Reservoir
STARR COUNTY
ZAPATA COUNTY
Rio GrandeCity
Falcon
Dam POE
Roma POE
Rio Grande
City POE
Los EbanosPOE
RGV-00910.7 miles
RGV-00911.1 miles
1 in = 3.16 mi 1:200,000
RGV-009, TFF Funds used toincrease barrier height from18' to 30'
FY19 CBP Funded BarrierRGV-009
LE G END
Map Request 578v3 January 8, 2020
Rio Grande City Station
Case 4:19-cv-00892-HSG Document 266-1 Filed 01/08/20 Page 8 of 12
WARNING: This document is FOR OFFICIAL USE ONLY (FOUO) .It contains information that may be exempt from public release underthe Freedom of Information Act (5 U.S.C. 552). It is to be controlled,stored, handled, transmitted, distributed, and disposed of in accordancewith DHS policy relating to FOUO information and is not be released tothe public or other personnel who do not have a valid "need-to-know"without prior approval of an authorized DHS official.
Exhibit A
LAREDO
RIO GRANDEVALLEY
*If sheet measures less than 11x17" it is a reduced print.Reduce scale accordingly.
AREA ENLARGED
Æk
Æk
Æk
£¤83
£¤83
UNITED STATESMEXICO
MCALL
EN ST
ATION
RIO GR
ANDE C
ITY ST
ATION
MCAL
LEN S
TATIO
NWE
SLAC
O STA
TION
Reynosa
HIDALGO COUNTY
STARR COUNTY
La Homa
Mission
Lower RGV NWR:La Joya TractLos Ebanos
POE
Hidalgo POE
AnzalduasPOE
McAllen
RGV-0090.3 miles
RGV-00911.1miles
1 in = 1.74 mi 1:110,000
Existing Pedestrian FenceFY19 CBP Funded Barrier
RGV-009
LE G END
Map Request 578v3 January 8, 2020
McAllen Station
Case 4:19-cv-00892-HSG Document 266-1 Filed 01/08/20 Page 9 of 12
WARNING: This document is FOR OFFICIAL USE ONLY (FOUO) .It contains information that may be exempt from public release underthe Freedom of Information Act (5 U.S.C. 552). It is to be controlled,stored, handled, transmitted, distributed, and disposed of in accordancewith DHS policy relating to FOUO information and is not be released tothe public or other personnel who do not have a valid "need-to-know"without prior approval of an authorized DHS official.
Exhibit A
CorpusChristiLAREDO
RIO GRANDEVALLEY
*If sheet measures less than 11x17" it is a reduced print.Reduce scale accordingly.
AREA ENLARGED
Æk
Æk
Æk
Æk
Æk
£¤83
£¤281
£¤281
HARL
INGE
N STA
TION
WESL
ACO S
TATIO
N
WESL
ACO S
TATIO
N
MCAL
LEN S
TATIO
N
ReynosaCAMERON COUNTY
HIDALGO COUNTY
Mercedes
Alamo
DonnaPharr
San Juan
Weslaco
Mission
Edinburg
Hidalgo POE
PharrPOE
Progreso POE
Donna POE
McAllen
RGV-0104.8 miles
RGV-0100.3 miles
RGV-0100.4 miles
1 in = 2.37 mi 1:150,000
Existing Pedestrian FenceRGV-010, TFF Funds used toadd barrier miles
FY19 CBP Funded BarrierRGV-010
LE G END
Map Request 578v3 January 8, 2020
Weslaco Station
Case 4:19-cv-00892-HSG Document 266-1 Filed 01/08/20 Page 10 of 12
WARNING: This document is FOR OFFICIAL USE ONLY (FOUO) .It contains information that may be exempt from public release underthe Freedom of Information Act (5 U.S.C. 552). It is to be controlled,stored, handled, transmitted, distributed, and disposed of in accordancewith DHS policy relating to FOUO information and is not be released tothe public or other personnel who do not have a valid "need-to-know"without prior approval of an authorized DHS official.
Exhibit A
LAREDO
RIO GRANDEVALLEY
*If sheet measures less than 11x17" it is a reduced print.Reduce scale accordingly.
AREA ENLARGED
Æk
Fm 800
Pennsylvania Ave
Fm 50
9
Zillock Rd
Fm 50
6
Fm 15
77
Jay St
Rang
erville
Rd
Fm 25
20
Fm 51
0Ratlif f St
Fm 1732
Fm 73
2
SR 100
UV345
UV448
UV100
£¤77
£¤281
UNITED STATESMEXICO
BROW
NSVI
LLE S
TATIO
N
HARL
INGE
N STA
TION
HARL
INGE
N STA
TION
WESL
ACO S
TATIO
N
Ramirez
El Control
ReservoirNumber Two
ReservoirNumber One
Adams GardensReservoir
CAM
ERON
COU
NTY
HIDA
LGO
COUN
TYHarlingen
Carricitos Landrum
LasRusiasVenadito
San Pedro
LosIndios
Encantada-Ranchito
El Calaboz
La Paloma
SantaMaria
Bluetown-Iglesia
Antigua
Rangerville
Lago
BixbyArroyo Alto
San Benito
El CaminoAngosto
Lower RGV NWR:Ranchito Tract
RGV-0104.8 miles
RGV-0100.1 miles
RGV-0100.3 miles
RGV-0100.8 miles
RGV-0101.3 miles
RGV-0104.4 miles
RGV-0103.8 miles
1 in = 1.42 mi 1:90,000
Existing Pedestrian FenceRGV-010, TFF Funds used toadd barrier miles
FY19 CBP Funded BarrierRGV-010
LE G END
Map Request 578v3 January 8, 2020
Harlingen Station
Case 4:19-cv-00892-HSG Document 266-1 Filed 01/08/20 Page 11 of 12
WARNING: This document is FOR OFFICIAL USE ONLY (FOUO) .It contains information that may be exempt from public release underthe Freedom of Information Act (5 U.S.C. 552). It is to be controlled,stored, handled, transmitted, distributed, and disposed of in accordancewith DHS policy relating to FOUO information and is not be released tothe public or other personnel who do not have a valid "need-to-know"without prior approval of an authorized DHS official.
Exhibit A
M E X ICO
HarlingenMcAllen
Brownsville
RIO GRANDEVALL EY SECTOR
*If sheet measures less than 11x17" it is a reduced print.Reduce scale accordingly.
AREA ENLARGED
Æk
Æk
Æk
E Price RdOldAliceRd
Mcdavitt B lvd
S Cen
tral A
ve
Southmost Rd
Old Po
rt Isab
elRd
Ruben M Torres Bl vd
Cent r
al Bl vd
Dana
Ave
East Ave
WA lt
onGl
oor B
lvd
Price Rd
E S an Mar
celoB
lvd
W San M
ar celo
Blvd
Pared
es Li
ne Rd
E30ThSt
Milpa Verde
N Ce
ntral
Ave
F
E Tyler St
Fm 802
PalmBlvd
W Jefferson St
Fm 511
Dana
St
El Jardin Heights Rd
UV48
UV4
£¤77
£¤77
£¤281
UNITED STATES
MEXICO
BROWNSVILLE STATION
FORT BROWN STATION
B ROW N SV IL LE S TATI ON
HARLINGEN STATION
Matamoros
Brownsville
Riverside
FourCorners
San Pedro
CameronPark
Lower RGVNWR: PhillipsBanco Tract
Brownsville -
Veterans POE
RGV-0100.2 miles
RGV-0100.4 miles
RGV-0101.4 miles
RGV-0101.3 miles
RGV-0102.1 miles
RGV-0104.4 miles
1 in = 0.98 mi 1:62,360
Existing Pedestrian FenceRGV-010, TFF Funds used toadd barrier miles
FY19 CBP Funded BarrierRGV-010
LE G END
Map Request 578v3 January 8, 2020
Brownsville Station
Case 4:19-cv-00892-HSG Document 266-1 Filed 01/08/20 Page 12 of 12
