82 FR 27541 - Issuance of Presidential Permit to the State of Texas Authorizing It To Construct, Operate, and Maintain the Presidio-Ojinaga International Bridge at the International Boundary Between the United States and Mexico, Including a New Two-Lane Bridge Span

DEPARTMENT OF STATE

Federal Register Volume 82, Issue 114 (June 15, 2017)

The Department of State issued a Presidential permit to the State of Texas on May 30, 2017, authorizing it to construct, operate, and maintain the Presidio-Ojinaga International Bridge at the international boundary between the United States and Mexico, including a new two-lane bridge span. In making this determination, the Department provided public notice of the proposed permit (81 FR 66320, September 27, 2016), offered the opportunity for comment, and consulted with other federal agencies, as required by Executive Order 11423, as amended.

[Federal Register Volume 82, Number 114 (Thursday, June 15, 2017)]
[Notices]
[Pages 27541-27543]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12371]


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DEPARTMENT OF STATE

[Public Notice: 10026]


Issuance of Presidential Permit to the State of Texas Authorizing 
It To Construct, Operate, and Maintain the Presidio-Ojinaga 
International Bridge at the International Boundary Between the United 
States and Mexico, Including a New Two-Lane Bridge Span

SUMMARY: The Department of State issued a Presidential permit to the 
State of Texas on May 30, 2017, authorizing it to construct, operate, 
and maintain the Presidio-Ojinaga International Bridge at the 
international boundary between the United States and Mexico, including 
a new two-lane bridge span. In making this determination, the 
Department provided public notice of the proposed permit (81 FR 66320, 
September 27, 2016), 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.,

[[Page 27542]]

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 State of Texas To Construct, Operate, and Maintain the 
Presidio-Ojinaga International Bridge at the International Boundary 
Between the United States and Mexico

    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), Executive Order 13284 
of January 23, 2003, 68 FR 4075 (2003), and Executive Order 13337 of 
April 30, 2004, 69 FR 25299 (2004); the International Bridge Act of 
1972 (86 Stat. 731; 33 U.S.C. 535 et seq.); 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.); taking into 
account an amended permit issued May 4, 1982 and an earlier permit 
dated July 2, 1976, and having requested and received the views of 
federal departments and other interested persons; I hereby grant 
permission, subject to the conditions herein set forth, to the State of 
Texas (hereinafter referred to as ``permittee''), to construct, 
operate, and maintain the Presidio-Ojinaga International Bridge 
(hereinafter referred to as the ``bridge''), including a new two-lane 
second bridge structure (hereinafter referred to as the ``new two-lane 
bridge''), and border crossing.
    The term ``facilities'' as used in this permit means the bridge, 
its approaches and any land, structures, or installations appurtenant 
thereto, including the new two-lane bridge for southbound traffic into 
Mexico as described in the permittee's September 2016 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 or amended at the discretion of the 
Secretary of State or the Secretary's delegate or upon proper 
application therefore. The permittee shall make no substantial change 
in the U.S. facilities, 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, operation, and maintenance of the U.S. 
facilities shall be in all material respects as described in the 
Application and, to the extent not inconsistent with that Application, 
the permittee's application for the permit issued May 4, 1982.
    Article 2. The standards for, and the manner of, the construction, 
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, local, and tribal laws and regulations regarding the 
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 governmental entities and relevant federal 
agencies.
    Article 4. Upon the termination, revocation, or surrender of this 
permit, and unless otherwise agreed by the 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 appropriate 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 other action.
    Article 5. If, in the future, it should appear to the U.S. Coast 
Guard or the Secretary of Homeland Security (or the Secretary's 
delegate) that any facilities or operations permitted hereunder cause 
unreasonable obstructions to the free navigation of any of the 
navigable waters of the United States, the permittee may be required, 
upon notice from the U.S. Coast Guard or the Secretary of Homeland 
Security (or the Secretary's delegate), to remove or alter such 
facilities as are owned by it so as to render navigation through such 
waters free and unobstructed.
    Article 6. All construction, 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 U.S. Coast Guard, the 
Department of Homeland Security, the General Services Administration, 
and the U.S. Section of the International Boundary and Water Commission 
(USIBWC). This permit shall continue in force and effect only so long 
as the permittee shall continue the operations hereby authorized in 
accordance with such limitations, terms, and conditions.
    Article 7. 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 8. 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, including submission of information 
identifying 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

[[Page 27543]]

requirements of this permit and any amendments thereto unless 
subsequently terminated or amended by the Secretary of State or the 
Secretary's delegate.
    Article 9. (1) The permittee is responsible for acquiring any 
right-of-way grants or easements, permits, and other authorizations as 
may become necessary and appropriate.
    (2) The permittee shall hold harmless and indemnify the United 
States from any claimed or adjudged liability arising out of the 
construction, 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, and in 
compliance with prevailing environmental standards and regulations. The 
bridge shall be operated as a toll-free facility.
    (4) The permittee shall obtain a license from the USIBWC before 
commencing construction.
    Article 10. The County of Presidio, Texas shall provide the General 
Services Administration an adequate Federal inspection facility at the 
U.S. terminal of the bridge.
    Article 11. The permittee shall take all necessary measures to 
prevent or mitigate adverse impacts on or disruption of the human 
environment in connection with the operation and maintenance of the 
U.S. facilities, including those mitigation measures set forth in the 
Final Environmental Assessment dated July 2016 and in the U.S. 
Department of Transportation Federal Highway Administration Finding of 
No Significant Impact dated August 2, 2016 and any other measures 
deemed prudent by the permittee.
    Article 12. 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 of the new 
two-lane bridge.
    Article 13. The permittee shall provide information upon request to 
the Department of State with regard to the U.S. facilities. Such 
requests could include, for example, information concerning current 
conditions or anticipated changes in ownership or control, 
construction, connection, operation, or maintenance of the U.S. 
facilities.
    Article 14. The permittee shall provide written notice to the 
Department of State at such time as the construction authorized by this 
permit is begun, at such time as construction is completed, 
interrupted, or discontinued, and at other times as may be designated 
by the Department of State.
    Article 15. 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 activities and 
operations 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 16. Permission to construct the new two-lane bridge shall 
expire ten years from the date of issuance of this permit in the event 
that the permittee has not commenced construction of the new two-lane 
bridge as described in the September 2016 application by that deadline. 
The remaining provisions of this permit shall remain in full force and 
effect.
    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 _30th_day of_May_, 
2017 in the City of Washington, District of Columbia.

Judith G. Garber
Acting Assistant Secretary Bureau of Ocean and International 
Environmental and Scientific Affairs

    End of permit text.

Colleen A. Hoey,
Director, Office of Mexican Affairs.
[FR Doc. 2017-12371 Filed 6-14-17; 8:45 am]
BILLING CODE 4710-29-P