82 FR 26207 - Issuance of Presidential Permit to the Otay Water District To Construct, Connect, Operate, and Maintain Cross-Border Water Pipeline Facilities for the Importation of Desalinated Seawater at the International Boundary Between the United States and Mexico in San Diego County, California

DEPARTMENT OF STATE

Federal Register Volume 82, Issue 107 (June 6, 2017)

The Department of State issued a Presidential permit to the Otay Water District (the District) on May 16, 2017, authorizing the District to construct, connect, operate, and maintain cross-border water pipeline facilities for the importation of desalinated seawater at the international boundary between the United States and Mexico in San Diego County, California. In making this determination, the Department provided public notice of the proposed permit, offered the opportunity for comment, and consulted with other federal agencies, as required by Executive Order 11423, as amended.

[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Notices]
[Pages 26207-26208]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11675]


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DEPARTMENT OF STATE

[Public Notice: 10020]


Issuance of Presidential Permit to the Otay Water District To 
Construct, Connect, Operate, and Maintain Cross-Border Water Pipeline 
Facilities for the Importation of Desalinated Seawater at the 
International Boundary Between the United States and Mexico in San 
Diego County, California

SUMMARY: The Department of State issued a Presidential permit to the 
Otay Water District (the District) on May 16, 2017, authorizing the 
District to construct, connect, operate, and maintain cross-border 
water pipeline facilities for the importation of desalinated seawater 
at the international boundary between the United States and Mexico in 
San Diego County, California. In making this determination, the 
Department provided public notice of the proposed permit, offered the 
opportunity for comment, and consulted with other federal agencies, as 
required by Executive Order 11423, as amended.

FOR FURTHER INFORMATION CONTACT: Contact the Office of Mexican Affairs' 
Border Affairs Unit via email at [email protected], by phone 
at 202-647-9894, or by mail at Office of Mexican Affairs--Room 3924, 
Department of State, 2201 C St. NW., Washington, DC 20520. Information 
about Presidential permits is available on the Internet at http://www.state.gov/p/wha/rt/permit/.

SUPPLEMENTARY INFORMATION: The following is the text of the issued 
permit:

Presidential Permit

Authorizing the Otay Water District To Construct, Connect, Operate, and 
Maintain Cross-Border Water Pipeline Facilities for the Importation of 
Desalinated Seawater at the International Boundary Between the United 
States and Mexico in San Diego Country, California

    By virtue of the authority vested in me as the Acting Assistant 
Secretary of State for the Bureau of Oceans and International 
Environmental and Scientific Affairs including those authorities under 
Executive Order 11423, 33 FR 11741 (1968); as amended by Executive 
Order 12847 of May 17, 1993, 58 FR 29511 (1993), and Executive Order 
13337 of April 30, 2004, 69 FR 25299 (2004); and Department of State 
Delegation of Authority 118-2 of January 26, 2006 and Delegation 415 of 
January 18, 2017; having considered the environmental effects of the 
proposed action consistent with the National Environmental Policy Act 
of 1969, as amended (83 Stat. 852, 42 U.S.C. 4321 et seq.), and other 
statutes relating to environmental concerns; having considered the 
proposed action consistent with the National Historic Preservation Act 
of 1966, as amended (80 Stat. 917, 16 U.S.C. 470f et seq.); and having 
requested and received the views of various federal departments, state 
and local officials, and Indian tribes, and other interested persons; I 
hereby grant permission, subject to the conditions herein set forth, to 
the Otay Water District (hereinafter referred to as ``permittee'') to 
construct, connect, operate, and maintain cross-border water pipeline 
facilities for the importation of desalinated seawater at the 
international boundary between the United States and Mexico in San 
Diego County, California.
    The term ``facilities'' as used in this permit means the relevant 
portion of the pipeline and any land, structures, installations, or 
equipment appurtenant thereto as described in the permittee's November 
2013 application for a Presidential permit (the ``Application'').
    The term ``U.S. facilities'' as used in this permit means those 
parts of the facilities in the United States, as described in the 
Application.
    This permit is subject to the following conditions:
    Article 1. (1) The U.S. facilities herein described, and all 
aspects of their operation, shall be subject to all the conditions, 
provisions, and requirements of this permit and any amendment thereof. 
This permit may be terminated at the will of the Secretary of State or 
the Secretary's delegate or may be amended by the Secretary of State or 
the Secretary's delegate at will or upon proper application therefore. 
The permittee shall make no substantial change in the location of the 
U.S. facilities or in the operation authorized by this permit until 
such changes have been approved by the Secretary of State or the 
Secretary's delegate.
    (2) The construction, connection, operation, and maintenance of the 
facilities shall be in all material respects as described in the 
Application.
    Article 2. The standards for, and the manner of, the construction, 
connection, operation, and maintenance of the U.S. facilities shall be 
subject to inspection and approval by the representatives of 
appropriate federal, state, and local agencies. The permittee shall 
allow duly authorized officers and employees of such agencies free and 
unrestricted access to said facilities in the performance of their 
official duties.
    Article 3. The permittee shall comply with all applicable federal, 
state, and local laws and regulations regarding the connection, 
construction, operation, and maintenance of the U.S. facilities and 
with all applicable industrial codes. The permittee shall obtain all 
requisite permits from the relevant Mexican authorities as well as from 
the relevant state and local government entities and relevant federal 
agencies.
    Article 4. All construction, connection, operation, and maintenance 
of the U.S. facilities under this permit shall be subject to the 
limitations, terms, and conditions issued by any competent agency of 
the U.S. Government, including but not limited to the Department of 
Homeland Security (DHS) and the U.S. Section of the International 
Boundary and Water Commission (USIBWC). The permittee shall continue 
the operations hereby authorized and conduct maintenance in accordance 
with such limitations, terms, and conditions. Such limitations, terms, 
and conditions could address, for example, environmental protection and 
mitigation measures, safety requirements, export or import and customs 
regulations, measurement capabilities and procedures, requirements 
pertaining to the pipeline's capacity, and other pipeline regulations. 
This permit shall continue in force and effect only so long as the 
permittee shall continue the operations hereby authorized by any 
competent U.S. government agency in exact accordance with such 
limitations, terms, and conditions.
    Article 5. Upon the termination, revocation, or surrender of this 
permit, and unless otherwise agreed by the

[[Page 26208]]

Secretary of State or the Secretary's delegate, the U.S. facilities in 
the immediate vicinity of the international boundary shall be removed 
by and at the expense of the permittee within such time as the 
Secretary of State or the Secretary's delegate may specify, and upon 
failure of the permittee to remove, or to take such other action with 
respect to, this portion of the U.S. facilities as ordered, the 
Secretary of State or the Secretary's delegate may direct that 
possession of such facilities be taken and that they be removed or 
other action taken, at the expense of the permittee; and the permittee 
shall have no claim for damages by reason of such possession, removal, 
or action.
    Article 6. When, in the opinion of the President of the United 
States, the national security of the United States demands it, due 
notice being given by the Secretary of State or the Secretary's 
delegate, the United States shall have the right to enter upon and take 
possession of any of the U.S. facilities or parts thereof; to retain 
possession, management, or control thereof for such length of time as 
may appear to the President to be necessary; and thereafter to restore 
possession and control to the permittee. In the event that the United 
States shall exercise such right, it shall pay to the permittee just 
and fair compensation for the use of such U.S. facilities upon the 
basis of a reasonable profit in normal conditions and the cost of 
restoring said facilities to as good condition as existed at the time 
of entering and taking over the same, less the reasonable value of any 
improvements that may have been made by the United States.
    Article 7. Any transfer of ownership or control of the U.S. 
facilities or any part thereof shall be immediately notified in writing 
to the U.S. Department of State for approval, including identification 
of the transferee. In the event of such transfer of ownership or 
control, this permit shall remain in force and the U.S. facilities 
shall be subject to all the conditions, permissions, and requirements 
of this permit and any amendments thereof.
    Article 8. (1) The permittee is responsible for acquiring such 
right-of-way grants or easements, permits, and other authorizations as 
may become necessary and appropriate.
    (2) The permittee shall save harmless and indemnify the United 
States from any claimed or adjudged liability arising out of 
construction, connection, operation, or maintenance of the facilities.
    (3) The permittee shall maintain the U.S. facilities and every part 
thereof in a condition of good repair for their safe operation.
    (4) The permittee shall obtain a license from the USIBWC before 
commencing construction.
    (5) The permittee shall obtain an easement from DHS for any portion 
of the pipeline that crosses over or under property in which the U.S. 
Customs and Border Protection owns an interest.
    (6) The permittee shall obtain a permit from the California 
Environmental Protection Agency, State Water Resources Control Board, 
Division of Drinking Water.
    Article 9. The permittee shall take all appropriate measures to 
prevent or mitigate adverse environmental impacts or disruption of 
significant archeological resources in connection with the operation 
and maintenance of the U.S. facilities, including those mitigation 
measures set forth in the Final Environmental Impact Report/
Environmental Impact Statement dated August 2016 and any additional 
measures that may be required as result of any reevaluation of the 
foregoing or in the associated terms of the Biological Opinion to be 
issued by the U.S. Fish and Wildlife Service.
    Article 10. The permittee shall not begin construction until it has 
been informed that the Government of the United States and the 
Government of Mexico have exchanged diplomatic notes confirming that 
both governments authorized the commencement of construction.
    Article 11. The permittee shall provide written notice to the 
Department of State at such time as the construction authorized by this 
permit is begun and again at such time as construction is completed, 
interrupted, or discontinued.
    Article 12. The permittee shall file with the appropriate agencies 
of the U.S. government such statements or reports under oath with 
respect to the U.S. facilities, and/or the permittee's actions in 
connection therewith, as are now or may hereafter be required under any 
laws or regulations of the U.S. government or its agencies.
    Article 13. This permit shall expire five years from the date of 
issuance in the event that the permittee has not commenced construction 
of the facilities by that deadline.
    In witness whereof, I, Judith G. Garber, Acting Assistant Secretary 
of State for the Bureau of Oceans and International Environmental and 
Scientific Affairs, have hereunto set my hand this 16th day of May, 
2017 in the City of Washington, District of Columbia.

Judith G. Garber,
Acting Assistant Secretary for Oceans and International Environmental 
And Scientific Affairs.
[FR Doc. 2017-11675 Filed 6-5-17; 8:45 am]
 BILLING CODE 4710-29-P