[Federal Register Volume 88, Number 132 (Wednesday, July 12, 2023)]
[Presidential Documents]
[Pages 44661-44663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14930]



[[Page 44659]]

Vol. 88

Wednesday,

No. 132

July 12, 2023

Part IV





The President





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Presidential Permit of July 6, 2023--Authorizing the General Services 
Administration To Expand and Continue to Operate and Maintain a 
Vehicular and Pedestrian Border Crossing at the Calexico East Land Port 
of Entry to Mexico



Memorandum of July 7, 2023--Delegation of Authority of Certain National 
Emergency Expenditure Reporting Functions
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  Federal Register / Vol. 88 , No. 132 / Wednesday, July 12, 2023 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 44661]]

                Presidential Permit of July 6, 2023

                
Authorizing the General Services Administration 
                To Expand and Continue To Operate and Maintain a 
                Vehicular and Pedestrian Border Crossing at the 
                Calexico East Land Port of Entry to 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 the General Services Administration 
                (the ``permittee'') to expand and continue to operate 
                and maintain a vehicular and pedestrian crossing at the 
                Calexico East Land Port of Entry to Mexico located on 
                the United States border with Mexico in Calexico, 
                California, as described in the ``Application for 
                Presidential Permit Calexico East Land Port of Entry'' 
                dated December 19, 2022 (``December 19, 2022, 
                Application''), by the permittee to the Secretary of 
                State in accordance with Executive Order 13867 and 
                associated procedures.

                The term ``Facilities'' as used in this permit means 
                the portion in the United States of the bridge over the 
                All-American Canal and crossing, including two 
                additional commercial and two additional noncommercial 
                lanes to be constructed at the Calexico East Land Port 
                of Entry, and any land, structures, installations, or 
                equipment appurtenant thereto located between the 
                international boundary between the United States and 
                Mexico and a line approximately 1,066 feet north of the 
                international boundary.

                This permit is subject to the following conditions:

                Article 1. The 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, operation, and maintenance of the 
                Facilities shall be in all material respects as 
                described in the December 19, 2022, Application.

                Article 2. The standards for and the manner of 
                construction, connection, operation, and maintenance of 
                the 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 Facilities.

                Article 3. The permittee shall comply with all 
                applicable Federal laws and regulations regarding the 
                construction, operation, and maintenance of the 
                Facilities.

                Article 4. The permittee shall immediately notify the 
                President or his designee 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 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 
                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 President, which 
                approval may include such conditions, permissions, and 
                requirements that the President, in his discretion,

[[Page 44662]]

                determines are appropriate and necessary for inclusion 
                in the permit, to be effective on the date of transfer.

                Article 5. 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 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 6. (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, operation, and 
                maintenance of the Facilities. Mitigation measures are 
                those that avoid, minimize, or compensate for adverse 
                impacts.

                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 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.

                    (2) Before initiating construction, the permittee 
                shall obtain the concurrence of the United States 
                Section of the International Boundary and Water 
                Commission, United States and Mexico.

                Article 7. The permittee shall file any applicable 
                statements and reports required by applicable Federal 
                law in connection with the Facilities.

                Article 8. Upon request, the permittee shall provide 
                appropriate information to the President or his 
                designee with regard to the 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 Facilities.

                Article 9. The permittee shall not initiate 
                construction 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. The 
                permittee shall provide written notification to the 
                President or his designee at the time that the 
                construction authorized by this permit begins, at such 
                time as such construction is completed, interrupted, or 
                discontinued, and at other times as may be requested by 
                the President.

                Article 10. The permittee shall make no substantial 
                change to the Facilities, in the location of the 
                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 Calexico East 
                Land Port of Entry 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 Facilities in accordance with its 
                statutory authorities. This permit shall continue in 
                full force and effect for only so long as the permittee 
                continues the operations hereby authorized. This permit 
                shall expire 10 years from the date of its issuance if 
                the permittee has not commenced construction of the 
                Facilities by that date.

                Article 11. 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, JOSEPH R. BIDEN JR., President 
                of the United States of America, have hereunto set my 
                hand this sixth day of July, in

[[Page 44663]]

                the year of our Lord two thousand twenty-three, and of 
                the Independence of the United States of America the 
                two hundred and forty-eighth.
                
                
                    (Presidential Sig.)

[FR Doc. 2023-14930
Filed 7-11-23; 11:15 am]
Billing code 3395-F3-P