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 date | 05 June 2024 |
| Citation | 89 FR 48243 |
| Pages | 48243-48245 |
| FR Document | 2024-12487 |
| Section | Presidential Documents |
| Issuer | Executive Office of the President,Executive Office Of The President |
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
