Authorizing Cameron County, Texas, To Construct, Maintain, and Operate a Vehicular and Pedestrian Border Crossing Near Brownsville, Texas, at the International Boundary Between the United States and Mexico

Published date05 June 2024
Record Number2024-12487
Citation89 FR 48243
CourtExecutive Office Of The President
SectionPresidential Documents
Federal Register, Volume 89 Issue 109 (Wednesday, June 5, 2024)
[Federal Register Volume 89, Number 109 (Wednesday, June 5, 2024)]
                [Presidential Documents]
                [Pages 48243-48245]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2024-12487]
                [[Page 48241]]
                Vol. 89
                Wednesday,
                No. 109
                June 5, 2024
                Part IIIThe President-----------------------------------------------------------------------
                Presidential Permit of May 31, 2024--Authorizing Cameron County, Texas,
                To Construct, Maintain, and Operate a Vehicular and Pedestrian Border
                Crossing Near Brownsville, Texas, at the International Boundary Between
                the United States and Mexico
                Presidential Permit of May 31, 2024--Authorizing Maverick County,
                Texas, To Construct, Maintain, and Operate a Vehicular, Pedestrian, and
                Rail Border Crossing Near Eagle Pass, Texas, at the International
                Boundary Between the United States and Mexico
                Presidential Permit of May 31, 2024--Authorizing the City of Laredo,
                Texas, To Expand and Continue To Maintain and Operate a Vehicular and
                Pedestrian Border Crossing at the World Trade Bridge Land Port of Entry
                 Presidential Documents
                Federal Register / Vol. 89 , No. 109 / Wednesday, June 5, 2024 /
                Presidential Documents
                ___________________________________________________________________
                Title 3--
                The President
                [[Page 48243]]
                 Presidential Permit of May 31, 2024
                
                Authorizing Cameron County, Texas, To Construct,
                 Maintain, and Operate a Vehicular and Pedestrian Border
                 Crossing Near Brownsville, Texas, at the International
                 Boundary Between the United States and Mexico
                 By virtue of the authority vested in me as President of
                 the United States of America (the ``President''), I
                 hereby grant permission, subject to the conditions set
                 forth herein, to Cameron County, Texas (the
                 ``Permittee''), to construct, maintain, and operate a
                 vehicular and pedestrian crossing located on the United
                 States border with Mexico in Brownsville, Texas, as
                 described in the ``Cameron County Flor de Mayo
                 International Bridge Presidential Permit Application''
                 dated September 14, 2021 (``September 14, 2021,
                 Application''), by the permittee to the Secretary of
                 State and determined to be complete on February 13,
                 2024, in accordance with 33 U.S.C. 535d and associated
                 procedures.
                 The term ``Border facilities'' as used in this permit
                 consists of the bridge over the Rio Grande, its
                 approaches, and any land, structures, installations, or
                 equipment appurtenant thereto located on the United
                 States side of the international boundary between the
                 United States and Mexico, approximately 8 river miles
                 from the Brownville and Matamoros International Bridge
                 and 35.6 river miles from the existing Free Trade
                 Bridge at Los Indios.
                 This permit is subject to the following conditions:
                 Article 1. The Border facilities herein described and
                 all aspects of their operation are subject to all the
                 conditions, provisions, and requirements of this permit
                 and any subsequent Presidential amendment to it. The
                 construction, maintenance, and operation of the Border
                 facilities shall be in all material respects as
                 described in the September 14, 2021, Application.
                 Article 2. The standards for and the manner of
                 construction, maintenance, and operation of the Border
                 facilities are subject to inspection by the
                 representatives of appropriate Federal, State, and
                 local agencies. The permittee shall grant officers and
                 employees of such agencies that are duly authorized and
                 performing their official duties free and unrestricted
                 access to said Border facilities.
                 Article 3. The permittee shall comply with all
                 applicable Federal laws and regulations regarding the
                 construction, maintenance, and operation of the Border
                 facilities.
                 Article 4. (1) The permittee shall take or cause to be
                 taken all appropriate measures to mitigate adverse
                 impacts on or disruption of the human environment in
                 connection with the construction, maintenance, and
                 operation of the Border facilities. Mitigation measures
                 are those that avoid, minimize, or compensate for
                 adverse impacts.
                 (2) The permittee shall hold harmless and indemnify
                 the United States for any claimed or adjudged liability
                 arising out of construction, maintenance, and operation
                 of the Border facilities, including environmental
                 contamination from the release, threatened release, or
                 discharge of hazardous substances or hazardous waste.
                 (3) The permittee is responsible for obtaining any
                 required Federal, State, and local permits, approvals,
                 and authorizations prior to commencing construction
                 activities. The permittee shall implement the
                 mitigation identified
                [[Page 48244]]
                 in any environmental decision documents prepared in
                 accordance with the National Environmental Policy Act
                 and Federal permits, including stormwater permits and
                 permits issued in accordance with section 402 of the
                 Clean Water Act (33 U.S.C. 1342). The permittee shall
                 comply with applicable Federal, State, and local
                 environmental laws.
                 Article 5. The permittee shall immediately notify the
                 President or his designee of any decision to transfer
                 custody and control of the Border facilities or any
                 part thereof to any executive department or agency
                 (agency) of the United States Government. Said notice
                 shall identify the transferee agency and seek the
                 approval of the President for the transfer of the
                 permit. In the event of approval by the President of
                 such transfer, this permit shall remain in force and
                 effect, and the Border facilities shall be subject to
                 all the conditions, permissions, and requirements of
                 this permit and any amendments thereof. The permittee
                 may transfer ownership or control of the Border
                 facilities to a non-Federal entity or individual only
                 upon the prior express approval of such transfer by the
                 President, which approval may include such conditions,
                 permissions, and requirements that the President, in
                 the President's discretion, determines are appropriate
                 and necessary for inclusion in the permit, to be
                 effective on the date of transfer.
                 Article 6. The permittee is responsible for acquiring
                 and maintaining any right-of-way grants or easements,
                 permits, and other authorizations as may become
                 necessary or appropriate. To ensure the safe operation
                 of the Border facilities, the permittee shall maintain
                 them and every part of them in a condition of good
                 repair and in compliance with applicable law and use of
                 best management practices.
                 Article 7. To the extent authorized by law, and
                 consistent with any Donation Acceptance Agreements
                 (DAAs) already executed with the permittee under the
                 Donation Acceptance Authority found in 6 U.S.C. 301a
                 and section 559 of title V of division F of the
                 Consolidated Appropriations Act, 2014 (Public Law 113-
                 76), as amended, as continued by 6 U.S.C. 301b, the
                 permittee shall provide to the Commissioner of U.S.
                 Customs and Border Protection (Commissioner) of the
                 Department of Homeland Security and the heads of any
                 other relevant agencies, at no cost to the United
                 States, suitable inspection facilities, infrastructure
                 improvements, equipment, and maintenance, as set forth
                 in the DAAs. Nothing in this permit obligates such
                 agencies to provide a particular level of services or
                 staffing for such inspection facilities or for any
                 other aspect of the port of entry associated with the
                 Border facilities.
                 Article 8. Before beginning design activities, the
                 permittee shall fulfill requirements associated with
                 the following conditions, as refined by the relevant
                 agencies below and as consistent with applicable law:
                 (1) Obtain the concurrence of the United States
                 Section of the International Boundary and Water
                 Commission, United States and Mexico;
                 (2) Provide a plan for the approval of the
                 Commissioner detailing how the permittee will fund the
                 necessary staffing by U.S. Customs and Border
                 Protection for the Border facilities upon commencement
                 of operations and thereafter;
                 (3) Provide a plan for the approval of the
                 Administrator of General Services (Administrator) and
                 the Commissioner detailing how the permittee will fund
                 the necessary operations and maintenance costs for the
                 Border facilities upon commencement of operations and
                 thereafter; and
                 (4) Provide a plan for the approval of the
                 Administrator and the Commissioner detailing how the
                 permittee will fund construction, outfitting
                 (furniture, fixtures, and equipment to include
                 information technology and necessary inspection
                 technologies), technology integration, and outyear
                 refresh of said program elements for the Border
                 facilities detailed in their September 14, 2021,
                 Application.
                 Relevant agencies will coordinate with the permittee to
                 further refine the above conditions, as necessary,
                 within 1 year of permit issuance.
                [[Page 48245]]
                 Article 9. The permittee shall not initiate
                 construction until the Department of State has provided
                 notification to the permittee that the Department of
                 State has completed its exchange of diplomatic notes
                 with the Government of Mexico regarding authorization.
                 The permittee shall provide written notification to the
                 President or his designee at the time that the
                 construction authorized by this permit begins, at the
                 time as such construction is completed, interrupted, or
                 discontinued, and at other times as may be requested by
                 the President.
                 Article 10. Upon request, the permittee shall provide
                 appropriate information to the President or his
                 designee with regard to the Border facilities. Such
                 requests could include requests for information
                 concerning current conditions, environmental
                 compliance, mitigation, or anticipated changes in
                 ownership or control, construction, connection,
                 operation, or maintenance of the Border facilities.
                 Article 11. The permittee shall file any applicable
                 statements and reports required by applicable Federal
                 law in connection with the Border facilities.
                 Article 12. The permittee shall make no substantial
                 change to the Border facilities, in the location of the
                 Border facilities, or in the operation authorized by
                 this permit, unless such changes have been approved by
                 the President. The President may terminate, revoke, or
                 amend this permit at any time at his sole discretion.
                 The permittee's obligation to implement any amendment
                 to this permit is subject to the availability of funds.
                 If the permittee permanently closes the Flor de Mayo
                 International Bridge and it is no longer used as an
                 international crossing, then this permit shall
                 terminate, and the permittee may manage, utilize, or
                 dispose of the Border facilities in accordance with
                 applicable authorities. This permit shall continue in
                 full force and effect for only so long as the permittee
                 continues the operations hereby authorized.
                 Article 13. This permit shall expire 5 years from the
                 date of its issuance if the permittee has not commenced
                 construction of the Border facilities by that date.
                 Article 14. This permit is not intended to, and does
                 not, create any right or benefit, substantive or
                 procedural, enforceable at law or in equity by any
                 party against the United States, its departments,
                 agencies, or entities, its officers, employees, or
                 agents, or any other person.
                 IN WITNESS WHEREOF, I have hereunto set my hand this
                 thirty-first day of May, in the year of our Lord two
                 thousand twenty-four, and of the Independence of the
                 United States of America the two hundred and forty-
                 eighth.
                
                
                 (Presidential Sig.)
                [FR Doc. 2024-12487
                Filed 6-4-24; 11:15 am]
                Billing code 3395-F4-P
                

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