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)

Page Range		26207-26208
FR Document		2017-11675

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 Issue 107 (Tuesday, June 6, 2017)

[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

Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices 26207

be determined, is in the national Presidential Permit of State or the Secretary’s delegate or
interest. I have ordered that Public may be amended by the Secretary of
Authorizing the Otay Water District To
Notice of these Determinations be State or the Secretary’s delegate at will
Construct, Connect, Operate, and
published in the Federal Register. or upon proper application therefore.
Maintain Cross-Border Water Pipeline
The permittee shall make no substantial
FOR FURTHER INFORMATION CONTACT: For Facilities for the Importation of
change in the location of the U.S.
further information, including a list of Desalinated Seawater at the
facilities or in the operation authorized
the imported objects, contact the Office International Boundary Between the
by this permit until such changes have
of Public Diplomacy and Public Affairs United States and Mexico in San Diego
been approved by the Secretary of State
in the Office of the Legal Adviser, U.S. Country, California
or the Secretary’s delegate.
Department of State (telephone: 202– By virtue of the authority vested in (2) The construction, connection,
632–6471; email: section2459@ me as the Acting Assistant Secretary of operation, and maintenance of the
state.gov). The mailing address is U.S. State for the Bureau of Oceans and facilities shall be in all material respects
Department of State, L/PD, SA–5, Suite International Environmental and as described in the Application.
5H03, Washington, DC 20522–0505. Scientific Affairs including those Article 2. The standards for, and the
authorities under Executive Order manner of, the construction, connection,
Alyson Grunder, 11423, 33 FR 11741 (1968); as amended operation, and maintenance of the U.S.
Deputy Assistant Secretary for Policy, Bureau by Executive Order 12847 of May 17, facilities shall be subject to inspection
of Educational and Cultural Affairs, 1993, 58 FR 29511 (1993), and and approval by the representatives of
Department of State. Executive Order 13337 of April 30, appropriate federal, state, and local
[FR Doc. 2017–11692 Filed 6–5–17; 8:45 am] 2004, 69 FR 25299 (2004); and agencies. The permittee shall allow duly
BILLING CODE 4710–05–P Department of State Delegation of authorized officers and employees of
Authority 118–2 of January 26, 2006 and such agencies free and unrestricted
Delegation 415 of January 18, 2017; access to said facilities in the
DEPARTMENT OF STATE having considered the environmental performance of their official duties.
effects of the proposed action consistent Article 3. The permittee shall comply
[Public Notice: 10020] with the National Environmental Policy with all applicable federal, state, and
Act of 1969, as amended (83 Stat. 852, local laws and regulations regarding the
Issuance of Presidential Permit to the 42 U.S.C. 4321 et seq.), and other connection, construction, operation, and
Otay Water District To Construct, statutes relating to environmental maintenance of the U.S. facilities and
Connect, Operate, and Maintain Cross- concerns; having considered the with all applicable industrial codes. The
Border Water Pipeline Facilities for the proposed action consistent with the permittee shall obtain all requisite
Importation of Desalinated Seawater at National Historic Preservation Act of permits from the relevant Mexican
the International Boundary Between 1966, as amended (80 Stat. 917, 16 authorities as well as from the relevant
the United States and Mexico in San U.S.C. 470f et seq.); and having state and local government entities and
Diego County, California requested and received the views of relevant federal agencies.
various federal departments, state and Article 4. All construction,
SUMMARY: The Department of State local officials, and Indian tribes, and connection, operation, and maintenance
issued a Presidential permit to the Otay other interested persons; I hereby grant of the U.S. facilities under this permit
Water District (the District) on May 16, permission, subject to the conditions shall be subject to the limitations, terms,
herein set forth, to the Otay Water and conditions issued by any competent
2017, authorizing the District to
District (hereinafter referred to as agency of the U.S. Government,
construct, connect, operate, and
‘‘permittee’’) to construct, connect, including but not limited to the
maintain cross-border water pipeline
operate, and maintain cross-border Department of Homeland Security
facilities for the importation of (DHS) and the U.S. Section of the
desalinated seawater at the international water pipeline facilities for the
importation of desalinated seawater at International Boundary and Water
boundary between the United States and Commission (USIBWC). The permittee
Mexico in San Diego County, California. the international boundary between the
United States and Mexico in San Diego shall continue the operations hereby
In making this determination, the authorized and conduct maintenance in
Department provided public notice of County, California.
The term ‘‘facilities’’ as used in this accordance with such limitations, terms,
the proposed permit, offered the and conditions. Such limitations, terms,
permit means the relevant portion of the
opportunity for comment, and consulted and conditions could address, for
pipeline and any land, structures,
with other federal agencies, as required installations, or equipment appurtenant example, environmental protection and
by Executive Order 11423, as amended. thereto as described in the permittee’s mitigation measures, safety
FOR FURTHER INFORMATION CONTACT: November 2013 application for a requirements, export or import and
Contact the Office of Mexican Affairs’ Presidential permit (the ‘‘Application’’). customs regulations, measurement
Border Affairs Unit via email at The term ‘‘U.S. facilities’’ as used in capabilities and procedures,
WHABorderAffairs@state.gov, by phone this permit means those parts of the requirements pertaining to the
at 202–647–9894, or by mail at Office of facilities in the United States, as pipeline’s capacity, and other pipeline
Mexican Affairs—Room 3924, described in the Application. regulations. This permit shall continue
Department of State, 2201 C St. NW., This permit is subject to the following in force and effect only so long as the
conditions: permittee shall continue the operations
mstockstill on DSK30JT082PROD with NOTICES

Washington, DC 20520. Information
about Presidential permits is available Article 1. (1) The U.S. facilities herein hereby authorized by any competent
described, and all aspects of their U.S. government agency in exact
on the Internet at http://www.state.gov/
operation, shall be subject to all the accordance with such limitations, terms,
p/wha/rt/permit/.
conditions, provisions, and and conditions.
SUPPLEMENTARY INFORMATION: The requirements of this permit and any Article 5. Upon the termination,
following is the text of the issued amendment thereof. This permit may be revocation, or surrender of this permit,
permit: terminated at the will of the Secretary and unless otherwise agreed by the

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26208 Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices

Secretary of State or the Secretary’s a condition of good repair for their safe City of Washington, District of
delegate, the U.S. facilities in the operation. Columbia.
immediate vicinity of the international (4) The permittee shall obtain a Judith G. Garber,
boundary shall be removed by and at license from the USIBWC before
the expense of the permittee within Acting Assistant Secretary for Oceans and
commencing construction. International Environmental And Scientific
such time as the Secretary of State or the Affairs.
Secretary’s delegate may specify, and (5) The permittee shall obtain an
upon failure of the permittee to remove, easement from DHS for any portion of [FR Doc. 2017–11675 Filed 6–5–17; 8:45 am]

or to take such other action with respect the pipeline that crosses over or under BILLING CODE 4710–29–P

to, this portion of the U.S. facilities as property in which the U.S. Customs and
ordered, the Secretary of State or the Border Protection owns an interest.
Secretary’s delegate may direct that (6) The permittee shall obtain a DEPARTMENT OF TRANSPORTATION
possession of such facilities be taken permit from the California
and that they be removed or other action Environmental Protection Agency, State Federal Aviation Administration
taken, at the expense of the permittee; Water Resources Control Board,
Notice of Intent To Rule on Request To
and the permittee shall have no claim Division of Drinking Water.
Release Airport Property at the
for damages by reason of such Article 9. The permittee shall take all Colorado Springs Airport, Colorado
possession, removal, or action. appropriate measures to prevent or Springs, Colorado.
Article 6. When, in the opinion of the mitigate adverse environmental impacts
President of the United States, the or disruption of significant AGENCY: Federal Aviation
national security of the United States archeological resources in connection Administration (FAA), DOT.
demands it, due notice being given by with the operation and maintenance of ACTION: Notice of Request to Release
the Secretary of State or the Secretary’s the U.S. facilities, including those Airport Property.
delegate, the United States shall have mitigation measures set forth in the
the right to enter upon and take Final Environmental Impact Report/ SUMMARY: The FAA proposes to rule and
possession of any of the U.S. facilities Environmental Impact Statement dated invite public comment on the release of
or parts thereof; to retain possession, August 2016 and any additional land at the Colorado Springs Airport
management, or control thereof for such measures that may be required as result under the provisions of Section 125 of
length of time as may appear to the of any reevaluation of the foregoing or the Wendell H. Ford Aviation
President to be necessary; and thereafter in the associated terms of the Biological Investment Reform Act for the 21st
to restore possession and control to the Opinion to be issued by the U.S. Fish Century (AIR 21).
permittee. In the event that the United and Wildlife Service. DATES: Comments must be received on
States shall exercise such right, it shall or before July 6, 2017.
pay to the permittee just and fair Article 10. The permittee shall not
begin construction until it has been ADDRESSES: Comments on this
compensation for the use of such U.S. application may be mailed or delivered
facilities upon the basis of a reasonable informed that the Government of the
United States and the Government of to the FAA at the following address: Mr.
profit in normal conditions and the cost John P. Bauer, Manager, Federal
of restoring said facilities to as good Mexico have exchanged diplomatic
notes confirming that both governments Aviation Administration, Northwest
condition as existed at the time of Mountain Region, Airports Division,
entering and taking over the same, less authorized the commencement of
construction. Denver Airports District Office, 26805 E.
the reasonable value of any
68th Avenue, Suite 224, Denver,
improvements that may have been made Article 11. The permittee shall
Colorado 80249–6361.
by the United States. provide written notice to the
In addition, one copy of any
Article 7. Any transfer of ownership Department of State at such time as the
comments submitted to the FAA must
or control of the U.S. facilities or any construction authorized by this permit
be mailed or delivered to Mr. Troy
part thereof shall be immediately is begun and again at such time as
Stover, Colorado Springs Airport,
notified in writing to the U.S. construction is completed, interrupted,
Colorado Springs, Colorado, at the
Department of State for approval, or discontinued.
following address: Mr. Troy Stover,
including identification of the Article 12. The permittee shall file Colorado Springs Airport, 7770 Milton
transferee. In the event of such transfer with the appropriate agencies of the E. Proby Parkway, Suite 50, Colorado
of ownership or control, this permit U.S. government such statements or Springs, Colorado 80916.
shall remain in force and the U.S. reports under oath with respect to the
facilities shall be subject to all the FOR FURTHER INFORMATION CONTACT: Mr.
U.S. facilities, and/or the permittee’s Marc Miller, Colorado Engineer/
conditions, permissions, and actions in connection therewith, as are
requirements of this permit and any Compliance Specialist, Federal Aviation
now or may hereafter be required under Administration, Northwest Mountain
amendments thereof. any laws or regulations of the U.S.
Article 8. (1) The permittee is Region, Denver Airports District Office,
government or its agencies. 26805 E. 68th Avenue, Suite 224,
responsible for acquiring such right-of-
way grants or easements, permits, and Article 13. This permit shall expire Denver, Colorado 80249–6361.
other authorizations as may become five years from the date of issuance in The request to release property may
necessary and appropriate. the event that the permittee has not be reviewed, by appointment, in person
(2) The permittee shall save harmless commenced construction of the at this same location.
mstockstill on DSK30JT082PROD with NOTICES

and indemnify the United States from facilities by that deadline. SUPPLEMENTARY INFORMATION: The FAA
any claimed or adjudged liability arising In witness whereof, I, Judith G. invites public comment on the request
out of construction, connection, Garber, Acting Assistant Secretary of to release property at the Colorado
operation, or maintenance of the State for the Bureau of Oceans and Springs Airport under the provisions of
facilities. International Environmental and the AIR 21 (49 U.S.C. 47107(h)(2)).
(3) The permittee shall maintain the Scientific Affairs, have hereunto set my On May 16, 2017, the FAA
U.S. facilities and every part thereof in hand this 16th day of May, 2017 in the determined that the request to release

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Document Created: 2017-06-06 06:21:17
Document Modified: 2017-06-06 06:21:17

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
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/.
FR Citation		82 FR 26207