[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 III





The President





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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
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  Federal Register / Vol. 89 , No. 109 / Wednesday, June 5, 2024 / 
Presidential Documents  

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 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