[Federal Register Volume 74, Number 108 (Monday, June 8, 2009)]
[Notices]
[Pages 27231-27233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13336]


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DEPARTMENT OF STATE

[Public Notice 6656]


Issuance of an Amended Presidential Permit Authorizing the 
Construction, Operation, and Maintenance of an International Bridge 
Near McAllen, TX, at the International Boundary Between the United 
States and Mexico

SUMMARY: At the request of the permittee, the Department of State has 
amended the Presidential permit, originally issued in 1999, that 
authorizes the Cities of McAllen, Hidalgo, and Mission, Texas to 
construct, operate, and maintain an international bridge known as 
``Anzalduas Bridge'' near McAllen, Texas, at the international boundary 
between the United States and Mexico. The amendment removes an article 
in the original permit that limited initial operating hours of the 
bridge to twelve hours per day. With this restriction removed, the 
Department of Homeland Security's Bureau of Customs and Border Patrol, 
working with local and Mexican authorities, can set the bridge's hours 
of operation in accordance with demand and available resources. In 
making its determination to amend the permit, the Department provided 
public notice of the proposed amendment and provided the opportunity 
for comment (74 FR 12173, March 23, 2009) and also 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 Office of Mexican Affairs--Room 
3909, Department of State, 2201 C St., NW., 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 amended 
permit:
    By virtue of the authority vested in me as Acting Assistant 
Secretary of State for the Bureau of Economic, Energy, and Business 
Affairs under Executive Order 11423, 33 FR 11741 (1963), 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), and Department of State 
Delegation of Authority 322 of January 16, 2009; 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 Cities of McAllen, Hidalgo, and 
Mission, Texas (hereinafter referred to as ``permittee''), to 
construct, operate, and maintain an international vehicular and 
pedestrian bridge southwest of McAllen, Texas, and adjacent to Reynosa, 
Tamaulipas, Mexico.
    The term ``facilities'' as used in this permit means the bridge, 
its approaches and any land, structure or installations appurtenant 
thereto, as set forth in Alternative 3 in the ``Anzalduas 
International Crossing U.S.-Side Improvements, Final Environmental 
Assessment'' dated March 1996, as amended and supplemented by the 
Department of State (the ``EA'').
    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 the conditions, 
provisions, and requirements of this permit or any amendment thereof; 
further that this permit may be terminated at the will of 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 
therefore; further that the permittee shall make no substantial change 
in the location of the United States 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. (1) 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 or state 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.
    (2) Approval of the United States Coast Guard in conformity with 
Section 5 of the International Bridge Act of 1972 (33 U.S.C. 535c), by 
virtue of authority delegated to the Commandant, U.S. Coast Guard by 
Section 1.46(q) of Title 49, Code of Federal Regulations, shall be 
obtained prior to initiation of construction.
    Article 3. The permittee shall comply with all federal and state 
laws and regulations regarding the construction, operation, and 
maintenance of the United States facilities, and with all applicable 
industrial codes.
    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. If, in the future, it should appear to the United States 
Coast Guard

[[Page 27232]]

and 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 
Secretary of Homeland Security or the Secretary's delegate, to remove 
or alter such of the facilities as are owned by it so as to render 
navigation through such waters free and unobstructed.
    Article 6. This permit and the operation of the United States 
facilities hereunder shall be subject to the regulations issued by any 
competent agency of the United States Government, including but not 
limited to the United States Coast Guard, the Department of Homeland 
Security, and the United States 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 exact 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 United States 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 United States 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 United 
States facilities or any part thereof shall be immediately notified in 
writing to the United States Department of State, including the 
submission of a proper identification by the transferee. This permit 
shall remain in force subject to all the conditions, permissions and 
requirements of this permit and any amendments thereof unless 
terminated or amended by the Secretary of State or the Secretary's 
delegate.
    Article 9. (1) The permittee shall acquire such right-of-way 
grants, easements, permits, and other authorizations as may become 
necessary and appropriate.
    (2) The permittee shall save harmless the United States from any 
claimed or adjudged liability arising out of the construction, 
completion, or maintenance of the facilities.
    (3) The permittee shall maintain the United States facilities and 
every part thereof in a condition of good repair for their safe 
operation.
    Article 10. (1) The permittee shall provide to the General Services 
Administration (GSA), at no cost to the federal government, a site of 
90 acres that is adequate and acceptable to GSA (that is, 
environmentally compliant and construction ready) on which to construct 
border station facilities at the United States terminal of the bridge.
    (2) If permanent facilities are not completed and accepted by the 
GSA by 2005, the permittee shall provide, at no cost to the federal 
government, a ``temporary'' border station facility to include four 
traffic lanes and all related processing and support facilities until 
such time as permanent facilities have been completed and accepted by 
GSA.
    (3) The permittee shall construct appropriate southbound inspection 
facilities for vehicle, pedestrian, and commercial traffic to include 
canopies and such features as may be needed to address security and 
safety concerns, prior to the opening of the bridge.
    (4) The border station facilities used by agencies of the United 
States Government shall be owned by GSA.
    (5) The permittee shall comply fully with all National 
Environmental Policy Act and National Historic Preservation Act 
mitigation provisions and stipulations for transfer of the site to GSA.
    Article 11. (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 measures set forth in the EA and in the 
Department's Finding of No Significant Impact dated July 23, 1999.
    (2) The permittee shall comply with all of its obligations under 
the Four-Party Land and Dedication Agreement among the United States 
Department of the Interior Fish and Wildlife Service, AgHOC, Inc., the 
City of McAllen, Texas, and the McAllen/Hidalgo/Mission International 
Bridge Board of July 26, 1995; as amended by The First Amendment to the 
Four-Party Land and Dedication Agreement dated April 1, 1999, and 
signed April 15, 1999; and with all of the terms and provisions of 
Resolution No. 1999-12 adopted by the McAllen City Commission at its 
March 22, 1999, meeting.
    (3) Before beginning construction the permittee shall: conclude 
satisfactory arrangements with appropriate federal and state agencies 
that will provide the assurance to the USIBWC that the bridge and 
associated facilities will not in any way present an obstruction or 
deflection to the normal flows or flood flows designated by the USIBWC 
in the reach of the international part of the Rio Grande River; acquire 
the appropriate permits and licenses from the USIBWC for crossing the 
interior floodways and for direct or indirect use of facilities 
associated with the Lower Rio Grande Flood Control Project; and obtain 
the approval of the U.S. Commissioner of the IBWC that the project is 
consistent with the terms of boundary and water treaties between the 
United States and Mexico and other international agreements in force.
    (4) If at a future date the permittee determines that the base 
flood elevations or the Special Flood Hazard Area will be affected as a 
result of the proposed project, it shall submit the appropriate 
scientific or technical data in accordance with the requirements of 
Part 65 of the National Flood Insurance Program and request a map 
revision.
    Article 12. The permittee shall notify the Department of State and 
the Texas Historical Commission in the event historic or archaeological 
resources are discovered during the course of construction activity, 
and the permittee shall cease such construction activity in the 
immediate vicinity of those resources while preparing documentation 
required by Section 106 of the National Historic Preservation Act, 16 
U.S.C. 470f, and Section 303 [formerly 4(f)] of the Department of 
Transportation Act, 49 U.S.C. 303, to address particular sites directly 
impacted by the project that are identified as requiring in situ 
preservation.
    Article 13. The permittee shall comply with all agreed actions and 
obligations undertaken to be performed by it in the Application and 
Final Environmental Assessment dated March 1996.
    Article 14. 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.

[[Page 27233]]

    Article 15. 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, or discontinued.
    Article 16. (1) The permittee shall begin construction no earlier 
than April 1, 2003, and shall open the bridge no earlier than January 
1, 2005, unless prior to those dates the Secretary of State or the 
Secretary's delegate determines that the United States Congress has 
provided sufficient funds for construction, operation, and support of 
the Anzalduas International Crossing.
    (2) The permittee shall begin construction of permanent cargo 
import facilities no earlier than January 1, 2015, unless prior to that 
date the Average Northbound Cargo Traffic at the Pharr International 
Bridge reaches 15,000 vehicles per week.
    In witness thereof, I, David D. Nelson, Acting Assistant Secretary 
of State for the Bureau of Economic, Energy, and Business Affairs, have 
hereunto set my hand this 27th day of May 2009, in the City of 
Washington, District of Columbia.

    Dated: June 1, 2009.
Alex Lee,
Director, Office of Mexican Affairs, Department of State.
[FR Doc. E9-13336 Filed 6-5-09; 8:45 am]
BILLING CODE 4710-29-P