[Federal Register Volume 72, Number 129 (Friday, July 6, 2007)]
[Notices]
[Pages 37073-37074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13126]


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DEPARTMENT OF STATE

[Public Notice 5864]


Notice of Issuance of Presidential Permit To Construct, Operate 
and Maintain a New Commercial Land Border Crossing Near San Luis, AZ

AGENCY: Department of State.

ACTION: Public notice.

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    The Department of State provides notice that effective June 30, 
2007, the Department has issued a Presidential permit authorizing the 
General Services Administration to construct, operate and maintain a 
new commercial land border crossing near San Luis, Arizona, known as 
the ``San Luis II'' crossing. This notice is provided by the 
Coordinator, U.S.-Mexico Border Affairs, WHA/MEX, Room 4258, Department 
of State, 2201 C St., NW., Washington, DC 20520. The following is the 
text of the issued permit:

Presidential Permit 07-1 Authorizing the General Services 
Administration to Construct, Operate and Maintain a Commercial 
Border Crossing called ``SAN LUIS II'' Near San Luis, Arizona, at 
the International Boundary Between the United States and Mexico

    By virtue of the authority vested in me as Assistant Secretary of 
State for Economic, Energy and Business Affairs, pursuant to Department 
of State Delegation number 299 from the Secretary of State dated April 
2, 2007, to exercise, to the extent authorized by law, all authorities 
vested in the Under Secretary of State for Economic, Business and 
Agricultural 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); having considered the environmental effects of the 
proposed action in accordance with the National Environmental Policy 
Act of 1969 (83 Stat. 852; 42 U.S.C. 4321 et seq.) and other statutes 
relating to environmental concerns; having considered the proposed 
action in accordance with the National Historic Preservation Act (80 
Stat. 917, 16 U.S.C. 470f et seq.); and having requested and received 
the views of various of the federal departments and other interested 
persons; I hereby grant permission, subject to the conditions herein 
set forth, to the United States General Services Administration (GSA) 
(hereinafter referred to as the ``permittee''), to construct, operate 
and maintain a new commercial land border crossing (hereinafter 
referred to as ``San Luis II''), approximately five miles east of the 
existing San Luis Port of Entry near San Luis, Arizona.
* * * * *
    The term ``facilities'' as used in this permit means the facilities 
to be constructed at the San Luis II Port of Entry in San Luis, 
Arizona, consisting of the following improvements and structures:
     Inspection and X-Ray Facilities
     Containment Areas and Docks
     Commercial Inspection Building with Import and Export 
Docks
     Export Inspection
     Main Administrative Building
     Entry and Exit Control Booths
     Roadways and related Infrastructure, Pathways, Parking 
Lots, and related Lots
     Landscaping
     Ancillary Support Facilities
     Commercial Cargo lanes
     Related Improvements and Infrastructure
    These facilities are the subject of the Finding of No Significant 
Impact, approved by the GSA Regional Administrator, Region 9 on April 
15, 2007, FR Vol. 72, No. 32 (Feb. 16, 2007) (hereinafter referred to 
as the ``FONSI'').
    This permit is subject to the following conditions:
    Article 1. The 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 upon a determination of the Executive Branch that the San 
Luis II border crossing shall be closed. This permit may be amended by 
the Secretary of State or the Secretary's delegate in consultation with 
the permittee and, as appropriate, other Executive Branch agencies; the 
permittee's obligation to implement such an amendment is subject to the 
availability of funds. The permittee shall make no substantial change 
in the location of the 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.

[[Page 37074]]

    Article 2. The permittee shall comply with all applicable federal 
laws and regulations regarding the construction, operation and 
maintenance of the facilities. Further, the permittee shall comply with 
nationally recognized codes to the extent required under 40 U.S.C. 
3312(b). The permittee shall cooperate with state and local officials 
to the extent required under 40 U.S.C. 3312(d).
    Article 3. In the event that the San Luis II Port of Entry is 
permanently closed and is no longer used as an international crossing, 
this permit shall terminate and the permittee may manage, utilize, or 
dispose of the facilities in accordance with its statutory authorities.
    Article 4. The permittee is a federal agency that is responsible 
for managing and operating the San Luis II Port of Entry, as authorized 
by applicable federal laws and regulations. This permit shall continue 
in full force and effect for only so long as the permittee shall 
continue the operations hereby authorized.
    Article 5. This Article applies to transfer of the facilities or 
any part thereof as an operating land border crossing. The permittee 
shall immediately notify the United States Department of State of any 
decision to transfer custody and control of the facilities or any part 
thereof to any other agency or department of the United States 
Government. Said notice shall identify the transferee agency or 
department and seek the approval of the United States Department of 
State for the transfer of the permit. In the event of approval by the 
Department of State of such transfer of custody and control to another 
agency or department of the United States Government, the permit shall 
remain in force and effect, and the 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 facilities to a non-federal entity or individual only upon the 
prior express approval of such transfer by the United States Department 
of State, which approval may include such conditions, permissions and 
requirements that the Department of State, in its discretion, 
determines are appropriate and necessary for inclusion in the permit, 
to be effective on the date of transfer.
    Article 6. (1) The permittee or its agent shall acquire such right-
of-way grants or easements and permits as may become necessary and 
appropriate.
    (2) The permittee shall maintain the facilities and every part 
thereof.
    Article 7. (1) The permittee shall take or cause to be taken all 
appropriate measures to prevent or mitigate adverse environmental 
impacts or disruption of significant archeological resources in 
connection with the construction, operation and maintenance of the 
facilities, including those mitigation measures adopted by the 
permittee in the FONSI.
    (2) Before issuing the notice to proceed for construction, the 
permittee shall obtain the concurrence of the International Boundary 
and Water Commission.
    Article 8. The permittee shall comply with all agreed actions and 
obligations set forth in the FONSI. The permittee's acceptance of 
transfer of the land upon which the San Luis II Port of Entry is to be 
built is conditioned upon the Greater Yuma Port Authority's commitments 
to implement the mitigation measures described in the FONSI.
    Article 9. The permittee shall file any applicable statements and 
reports that might be required by applicable federal law in connection 
with this project.
    Article 10. The permittee shall not issue a notice to proceed for 
construction work until the Department of State has provided 
notification to the permittee that the Department has completed its 
exchange of diplomatic notes with the Government of Mexico regarding 
authorization of construction. 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 for more than ninety days or 
discontinued.
    Article 11. This permit is not intended to, and does not, create 
any right, benefit, or trust responsibility, substantive or procedural, 
enforceable at law or in equity, by any party against the United 
States, its departments, agencies, instrumentalities or entities, its 
officers or employees, in their individual or official capacities, or 
any other person.
    In Witness Whereof, I, Daniel S. Sullivan, Assistant Secretary of 
State for Economic, Energy and Business Affairs of the United States, 
have hereunto set my hand this 13th day of June, 2007, in the City of 
Washington, District of Columbia.

    Dated: June 29, 2007.
Daniel S. Sullivan,
Assistant Secretary of State, United States Department of State.
Richard M. Sanders,
Acting Director, Office of Mexican Affairs, Department of State.
[FR Doc. E7-13126 Filed 7-5-07; 8:45 am]
BILLING CODE 4710-29-P