[Federal Register Volume 72, Number 227 (Tuesday, November 27, 2007)]
[Notices]
[Pages 66216-66217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23085]


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DEPARTMENT OF STATE

[Public Notice 5996]


Issuance of a Presidential Permit Authorizing the Greater Yuma 
Port Authority To Construct, Operate, and Maintain a Livestock Border 
Crossing Near San Luis, Arizona, at the International Boundary Between 
the United States and Mexico

SUMMARY: The Department of State has issued a Presidential permit, 
effective November 16, 2007, authorizing the Greater Yuma Port 
Authority to construct, operate, and maintain a livestock border 
crossing near San Luis, Arizona, at the international boundary between 
the United States and Mexico. In making this determination, the 
Department consulted with other federal agencies, as required by 
Executive Order 11423, as amended.

FOR FURTHER INFORMATION CONTACT: Mr. Daniel Darrach, U.S.-Mexico Border 
Affairs Coordinator, via e-mail at [email protected]; by 
phone at 202-647-9894 or by mail at WHA/MEX, Room 4258, Department of 
State, 2201 C St., NW., Washington, DC 20520.

SUPPLEMENTARY INFORMATION: Following is the text of the issued permit:
    By virtue of the authority vested in me as Under Secretary of State 
for Economic, Energy and Agricultural Affairs, pursuant to Department 
of State Delegation number 118-2 from the Secretary of State dated 
January 26, 2006, to exercise, to the extent authorized by law, all 
authorities vested in the Secretary of State, 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. Sec.  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. Sec.  470f, et seq.); and having requested and received the 
views of various of the federal departments

[[Page 66217]]

and other interested persons; I hereby grant permission, subject to the 
conditions herein set forth, to the Greater Yuma Port Authority (GYPA, 
hereinafter referred to as the ``permittee''), to construct, operate, 
and maintain a new livestock border crossing (hereinafter referred to 
as ``San Luis Livestock Crossing''), 2,500 feet (approximately half a 
mile) east of the existing San Luis cattle crossing on the westerly 
border of the State of Arizona and the Mexican State of Sonora near the 
cities of San Luis, Arizona and San Luis Rio Colorado, Sonora, Mexico.
    The term ``facilities'' as used in this permit means the lane or 
lanes leading to the livestock crossing, their approaches and any land, 
structure or installations appurtenant thereto. These facilities are 
the subject of a Finding of No Significant Impact, FONSI, approved by 
the Acting Director of the Office of Mexican Affairs in the Department 
of State on July 27, 2007, 72 FR 43314-43316 (August 3, 2007) .
    The term ``United States facilities'' as used in this permit means 
that part of the facilities in the United States.
    This permit is subject to the following conditions:
    Article 1. The United States 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 will by 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 therefor. The 
permittee shall make no substantial change in the location of the 
livestock crossing 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.
    Article 2. The standards for, and the manner of, the construction, 
operation, and maintenance of the United States 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 construction, 
operation, and maintenance of the United States facilities, and with 
all applicable industrial codes. The permittee shall obtain the 
requisite permits from state and local government 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 United States 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 this portion of the United States 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 at the 
expense of the permittee; and the permittee shall have no claim for 
damages by reason of such possession or removal.
    Article 5. This permit and the operation of the United States 
facilities hereunder shall be subject to the limitations, terms, and 
conditions issued by any competent agency of the United States 
Government, including but not limited to the Department of Homeland 
Security (DHS), the Federal Highway Administration (FHWA), and the 
United States Section of the International Boundary and Water 
Commission (IBWC). 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 6. Any transfer of ownership or control of the United 
States facilities or any part thereof shall be immediately notified in 
writing to the United States Department of State (the ``Department'') 
for approval, including identification of the transferee. In the event 
of such transfer of ownership or control, the permit shall remain in 
force and the United States facilities shall be subject to all the 
conditions, permissions, and requirements of this permit and any 
amendments thereof.
    Article 7. (1) The permittee shall acquire such right-of-way grants 
or easements, permits, and other authorizations as may become necessary 
and appropriate.
    (2) The permittee shall maintain the United States facilities and 
every part thereof in a condition of good repair for their safe 
operation.
    Article 8. (1) The permittee shall take 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 United States 
facilities, including those mitigation measures set forth in the 
Finding of No Significant Impact (FONSI) approved by the Department on 
July 27, 2007, 72 Fed. Reg. 43314-43316 (August 3, 2007).
    (2) Before beginning construction the permittee shall obtain the 
concurrence of the IBWC.
    Article 9. The permittee shall file with the appropriate agencies 
of the United States Government such statements or reports under oath 
with respect to the United States facilities, and/or permittee's 
actions in connection therewith, as are now or may hereafter be 
required under any laws or regulations of the United States Government 
or its agencies.
    Article 10. The permittee shall not begin construction until the 
Department has provided notification to the permittee that it 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 at such time as the 
construction authorized by this permit is begun, and again at such time 
as construction is completed, interrupted or discontinued.
    In witness whereof, I, Reuben Jeffery III, Under Secretary of State 
for Economic, Energy and Agricultural Affairs of the United States, 
have hereunto set my hand this 31st day of October, 2007, in the City 
of Washington, District of Columbia.
    End Permit text.

    Dated: November 20, 2007.
Ian G. Brownlee,
Acting Director, Office of Mexican Affairs, Department of State.
[FR Doc. E7-23085 Filed 11-26-07; 8:45 am]
BILLING CODE 4710-29-P