Issuance of Presidential Permit to the Otay Water District To Construct, Connect, Operate, and Maintain Cross-Border Water Pipeline Facilities for the Importation of Desalinated Seawater at the International Boundary Between the United States and Mexico in San Diego County, California, 26207-26208 [2017-11675]

Download as PDF Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices Presidential Permit be determined, is in the national interest. I have ordered that Public Notice of these Determinations be published in the Federal Register. For further information, including a list of the imported objects, contact the Office of Public Diplomacy and Public Affairs in the Office of the Legal Adviser, U.S. Department of State (telephone: 202– 632–6471; email: section2459@ state.gov). The mailing address is U.S. Department of State, L/PD, SA–5, Suite 5H03, Washington, DC 20522–0505. FOR FURTHER INFORMATION CONTACT: Alyson Grunder, Deputy Assistant Secretary for Policy, Bureau of Educational and Cultural Affairs, Department of State. [FR Doc. 2017–11692 Filed 6–5–17; 8:45 am] BILLING CODE 4710–05–P DEPARTMENT OF STATE [Public Notice: 10020] Issuance of Presidential Permit to the Otay Water District To Construct, Connect, Operate, and Maintain CrossBorder Water Pipeline Facilities for the Importation of Desalinated Seawater at the International Boundary Between the United States and Mexico in San Diego County, California The Department of State issued a Presidential permit to the Otay Water District (the District) on May 16, 2017, authorizing the District to construct, connect, operate, and maintain cross-border water pipeline facilities for the importation of desalinated seawater at the international boundary between the United States and Mexico in San Diego County, California. In making this determination, the Department provided public notice of the proposed permit, offered the opportunity for comment, and consulted with other federal agencies, as required by Executive Order 11423, as amended. SUMMARY: mstockstill on DSK30JT082PROD with NOTICES FOR FURTHER INFORMATION CONTACT: Contact the Office of Mexican Affairs’ Border Affairs Unit via email at WHABorderAffairs@state.gov, by phone at 202–647–9894, or by mail at Office of Mexican Affairs—Room 3924, 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/. The following is the text of the issued permit: SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 20:52 Jun 05, 2017 Jkt 241001 Authorizing the Otay Water District To Construct, Connect, Operate, and Maintain Cross-Border Water Pipeline Facilities for the Importation of Desalinated Seawater at the International Boundary Between the United States and Mexico in San Diego Country, California By virtue of the authority vested in me as the Acting Assistant Secretary of State for the Bureau of Oceans and International Environmental and Scientific 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), and Executive Order 13337 of April 30, 2004, 69 FR 25299 (2004); and Department of State Delegation of Authority 118–2 of January 26, 2006 and Delegation 415 of January 18, 2017; having considered the environmental effects of the proposed action consistent with the National Environmental Policy Act of 1969, as amended (83 Stat. 852, 42 U.S.C. 4321 et seq.), and other statutes relating to environmental concerns; having considered the proposed action consistent with the National Historic Preservation Act of 1966, as amended (80 Stat. 917, 16 U.S.C. 470f et seq.); and having requested and received the views of various federal departments, state and local officials, and Indian tribes, and other interested persons; I hereby grant permission, subject to the conditions herein set forth, to the Otay Water District (hereinafter referred to as ‘‘permittee’’) to construct, connect, operate, and maintain cross-border water pipeline facilities for the importation of desalinated seawater at the international boundary between the United States and Mexico in San Diego County, California. The term ‘‘facilities’’ as used in this permit means the relevant portion of the pipeline and any land, structures, installations, or equipment appurtenant thereto as described in the permittee’s November 2013 application for a Presidential permit (the ‘‘Application’’). The term ‘‘U.S. facilities’’ as used in this permit means those parts of the facilities in the United States, as described in the Application. This permit is subject to the following conditions: Article 1. (1) The U.S. 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 the will of the Secretary PO 00000 Frm 00166 Fmt 4703 Sfmt 4703 26207 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. The permittee shall make no substantial change in the location of the U.S. 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. (2) The construction, connection, operation, and maintenance of the facilities shall be in all material respects as described in the Application. Article 2. The standards for, and the manner of, the construction, connection, operation, and maintenance of the U.S. 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 connection, construction, operation, and maintenance of the U.S. facilities and with all applicable industrial codes. The permittee shall obtain all requisite permits from the relevant Mexican authorities as well as from the relevant state and local government entities and relevant federal agencies. Article 4. All construction, connection, operation, and maintenance of the U.S. facilities under this permit shall be subject to the limitations, terms, and conditions issued by any competent agency of the U.S. Government, including but not limited to the Department of Homeland Security (DHS) and the U.S. Section of the International Boundary and Water Commission (USIBWC). The permittee shall continue the operations hereby authorized and conduct maintenance in accordance with such limitations, terms, and conditions. Such limitations, terms, and conditions could address, for example, environmental protection and mitigation measures, safety requirements, export or import and customs regulations, measurement capabilities and procedures, requirements pertaining to the pipeline’s capacity, and other pipeline regulations. This permit shall continue in force and effect only so long as the permittee shall continue the operations hereby authorized by any competent U.S. government agency in exact accordance with such limitations, terms, and conditions. Article 5. Upon the termination, revocation, or surrender of this permit, and unless otherwise agreed by the E:\FR\FM\06JNN1.SGM 06JNN1 mstockstill on DSK30JT082PROD with NOTICES 26208 Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices Secretary of State or the Secretary’s delegate, the U.S. 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, or to take such other action with respect to, this portion of the U.S. 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 or other action taken, at the expense of the permittee; and the permittee shall have no claim for damages by reason of such possession, removal, or action. Article 6. 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 U.S. 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 U.S. 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 7. Any transfer of ownership or control of the U.S. facilities or any part thereof shall be immediately notified in writing to the U.S. Department of State for approval, including identification of the transferee. In the event of such transfer of ownership or control, this permit shall remain in force and the U.S. facilities shall be subject to all the conditions, permissions, and requirements of this permit and any amendments thereof. Article 8. (1) The permittee is responsible for acquiring such right-ofway grants or easements, permits, and other authorizations as may become necessary and appropriate. (2) The permittee shall save harmless and indemnify the United States from any claimed or adjudged liability arising out of construction, connection, operation, or maintenance of the facilities. (3) The permittee shall maintain the U.S. facilities and every part thereof in VerDate Sep<11>2014 20:52 Jun 05, 2017 Jkt 241001 a condition of good repair for their safe operation. (4) The permittee shall obtain a license from the USIBWC before commencing construction. (5) The permittee shall obtain an easement from DHS for any portion of the pipeline that crosses over or under property in which the U.S. Customs and Border Protection owns an interest. (6) The permittee shall obtain a permit from the California Environmental Protection Agency, State Water Resources Control Board, Division of Drinking Water. Article 9. The permittee shall take all appropriate measures to prevent or mitigate adverse environmental impacts or disruption of significant archeological resources in connection with the operation and maintenance of the U.S. facilities, including those mitigation measures set forth in the Final Environmental Impact Report/ Environmental Impact Statement dated August 2016 and any additional measures that may be required as result of any reevaluation of the foregoing or in the associated terms of the Biological Opinion to be issued by the U.S. Fish and Wildlife Service. Article 10. The permittee shall not begin construction until it has been informed that the Government of the United States and the Government of Mexico have exchanged diplomatic notes confirming that both governments authorized the commencement of construction. Article 11. 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 12. The permittee shall file with the appropriate agencies of the U.S. government such statements or reports under oath with respect to the U.S. facilities, and/or the permittee’s actions in connection therewith, as are now or may hereafter be required under any laws or regulations of the U.S. government or its agencies. Article 13. This permit shall expire five years from the date of issuance in the event that the permittee has not commenced construction of the facilities by that deadline. In witness whereof, I, Judith G. Garber, Acting Assistant Secretary of State for the Bureau of Oceans and International Environmental and Scientific Affairs, have hereunto set my hand this 16th day of May, 2017 in the PO 00000 Frm 00167 Fmt 4703 Sfmt 4703 City of Washington, District of Columbia. Judith G. Garber, Acting Assistant Secretary for Oceans and International Environmental And Scientific Affairs. [FR Doc. 2017–11675 Filed 6–5–17; 8:45 am] BILLING CODE 4710–29–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Notice of Intent To Rule on Request To Release Airport Property at the Colorado Springs Airport, Colorado Springs, Colorado. Federal Aviation Administration (FAA), DOT. ACTION: Notice of Request to Release Airport Property. AGENCY: The FAA proposes to rule and invite public comment on the release of land at the Colorado Springs Airport under the provisions of Section 125 of the Wendell H. Ford Aviation Investment Reform Act for the 21st Century (AIR 21). DATES: Comments must be received on or before July 6, 2017. ADDRESSES: Comments on this application may be mailed or delivered to the FAA at the following address: Mr. John P. Bauer, Manager, Federal Aviation Administration, Northwest Mountain Region, Airports Division, Denver Airports District Office, 26805 E. 68th Avenue, Suite 224, Denver, Colorado 80249–6361. In addition, one copy of any comments submitted to the FAA must be mailed or delivered to Mr. Troy Stover, Colorado Springs Airport, Colorado Springs, Colorado, at the following address: Mr. Troy Stover, Colorado Springs Airport, 7770 Milton E. Proby Parkway, Suite 50, Colorado Springs, Colorado 80916. FOR FURTHER INFORMATION CONTACT: Mr. Marc Miller, Colorado Engineer/ Compliance Specialist, Federal Aviation Administration, Northwest Mountain Region, Denver Airports District Office, 26805 E. 68th Avenue, Suite 224, Denver, Colorado 80249–6361. The request to release property may be reviewed, by appointment, in person at this same location. SUPPLEMENTARY INFORMATION: The FAA invites public comment on the request to release property at the Colorado Springs Airport under the provisions of the AIR 21 (49 U.S.C. 47107(h)(2)). On May 16, 2017, the FAA determined that the request to release SUMMARY: E:\FR\FM\06JNN1.SGM 06JNN1

Agencies

[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Notices]
[Pages 26207-26208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11675]


-----------------------------------------------------------------------

DEPARTMENT OF STATE

[Public Notice: 10020]


Issuance of Presidential Permit to the Otay Water District To 
Construct, Connect, Operate, and Maintain Cross-Border Water Pipeline 
Facilities for the Importation of Desalinated Seawater at the 
International Boundary Between the United States and Mexico in San 
Diego County, California

SUMMARY: The Department of State issued a Presidential permit to the 
Otay Water District (the District) on May 16, 2017, authorizing the 
District to construct, connect, operate, and maintain cross-border 
water pipeline facilities for the importation of desalinated seawater 
at the international boundary between the United States and Mexico in 
San Diego County, California. In making this determination, the 
Department provided public notice of the proposed permit, offered the 
opportunity for comment, and consulted with other federal agencies, as 
required by Executive Order 11423, as amended.

FOR FURTHER INFORMATION CONTACT: Contact the Office of Mexican Affairs' 
Border Affairs Unit via email at WHABorderAffairs@state.gov, by phone 
at 202-647-9894, or by mail at Office of Mexican Affairs--Room 3924, 
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 issued 
permit:

Presidential Permit

Authorizing the Otay Water District To Construct, Connect, Operate, and 
Maintain Cross-Border Water Pipeline Facilities for the Importation of 
Desalinated Seawater at the International Boundary Between the United 
States and Mexico in San Diego Country, California

    By virtue of the authority vested in me as the Acting Assistant 
Secretary of State for the Bureau of Oceans and International 
Environmental and Scientific 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), and Executive Order 
13337 of April 30, 2004, 69 FR 25299 (2004); and Department of State 
Delegation of Authority 118-2 of January 26, 2006 and Delegation 415 of 
January 18, 2017; having considered the environmental effects of the 
proposed action consistent with the National Environmental Policy Act 
of 1969, as amended (83 Stat. 852, 42 U.S.C. 4321 et seq.), and other 
statutes relating to environmental concerns; having considered the 
proposed action consistent with the National Historic Preservation Act 
of 1966, as amended (80 Stat. 917, 16 U.S.C. 470f et seq.); and having 
requested and received the views of various federal departments, state 
and local officials, and Indian tribes, and other interested persons; I 
hereby grant permission, subject to the conditions herein set forth, to 
the Otay Water District (hereinafter referred to as ``permittee'') to 
construct, connect, operate, and maintain cross-border water pipeline 
facilities for the importation of desalinated seawater at the 
international boundary between the United States and Mexico in San 
Diego County, California.
    The term ``facilities'' as used in this permit means the relevant 
portion of the pipeline and any land, structures, installations, or 
equipment appurtenant thereto as described in the permittee's November 
2013 application for a Presidential permit (the ``Application'').
    The term ``U.S. facilities'' as used in this permit means those 
parts of the facilities in the United States, as described in the 
Application.
    This permit is subject to the following conditions:
    Article 1. (1) The U.S. 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 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. 
The permittee shall make no substantial change in the location of the 
U.S. 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.
    (2) The construction, connection, operation, and maintenance of the 
facilities shall be in all material respects as described in the 
Application.
    Article 2. The standards for, and the manner of, the construction, 
connection, operation, and maintenance of the U.S. 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 connection, 
construction, operation, and maintenance of the U.S. facilities and 
with all applicable industrial codes. The permittee shall obtain all 
requisite permits from the relevant Mexican authorities as well as from 
the relevant state and local government entities and relevant federal 
agencies.
    Article 4. All construction, connection, operation, and maintenance 
of the U.S. facilities under this permit shall be subject to the 
limitations, terms, and conditions issued by any competent agency of 
the U.S. Government, including but not limited to the Department of 
Homeland Security (DHS) and the U.S. Section of the International 
Boundary and Water Commission (USIBWC). The permittee shall continue 
the operations hereby authorized and conduct maintenance in accordance 
with such limitations, terms, and conditions. Such limitations, terms, 
and conditions could address, for example, environmental protection and 
mitigation measures, safety requirements, export or import and customs 
regulations, measurement capabilities and procedures, requirements 
pertaining to the pipeline's capacity, and other pipeline regulations. 
This permit shall continue in force and effect only so long as the 
permittee shall continue the operations hereby authorized by any 
competent U.S. government agency in exact accordance with such 
limitations, terms, and conditions.
    Article 5. Upon the termination, revocation, or surrender of this 
permit, and unless otherwise agreed by the

[[Page 26208]]

Secretary of State or the Secretary's delegate, the U.S. 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, or to take such other action with 
respect to, this portion of the U.S. 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 or 
other action taken, at the expense of the permittee; and the permittee 
shall have no claim for damages by reason of such possession, removal, 
or action.
    Article 6. 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 U.S. 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 U.S. 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 7. Any transfer of ownership or control of the U.S. 
facilities or any part thereof shall be immediately notified in writing 
to the U.S. Department of State for approval, including identification 
of the transferee. In the event of such transfer of ownership or 
control, this permit shall remain in force and the U.S. facilities 
shall be subject to all the conditions, permissions, and requirements 
of this permit and any amendments thereof.
    Article 8. (1) The permittee is responsible for acquiring such 
right-of-way grants or easements, permits, and other authorizations as 
may become necessary and appropriate.
    (2) The permittee shall save harmless and indemnify the United 
States from any claimed or adjudged liability arising out of 
construction, connection, operation, or maintenance of the facilities.
    (3) The permittee shall maintain the U.S. facilities and every part 
thereof in a condition of good repair for their safe operation.
    (4) The permittee shall obtain a license from the USIBWC before 
commencing construction.
    (5) The permittee shall obtain an easement from DHS for any portion 
of the pipeline that crosses over or under property in which the U.S. 
Customs and Border Protection owns an interest.
    (6) The permittee shall obtain a permit from the California 
Environmental Protection Agency, State Water Resources Control Board, 
Division of Drinking Water.
    Article 9. The permittee shall take all appropriate measures to 
prevent or mitigate adverse environmental impacts or disruption of 
significant archeological resources in connection with the operation 
and maintenance of the U.S. facilities, including those mitigation 
measures set forth in the Final Environmental Impact Report/
Environmental Impact Statement dated August 2016 and any additional 
measures that may be required as result of any reevaluation of the 
foregoing or in the associated terms of the Biological Opinion to be 
issued by the U.S. Fish and Wildlife Service.
    Article 10. The permittee shall not begin construction until it has 
been informed that the Government of the United States and the 
Government of Mexico have exchanged diplomatic notes confirming that 
both governments authorized the commencement of construction.
    Article 11. 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 12. The permittee shall file with the appropriate agencies 
of the U.S. government such statements or reports under oath with 
respect to the U.S. facilities, and/or the permittee's actions in 
connection therewith, as are now or may hereafter be required under any 
laws or regulations of the U.S. government or its agencies.
    Article 13. This permit shall expire five years from the date of 
issuance in the event that the permittee has not commenced construction 
of the facilities by that deadline.
    In witness whereof, I, Judith G. Garber, Acting Assistant Secretary 
of State for the Bureau of Oceans and International Environmental and 
Scientific Affairs, have hereunto set my hand this 16th day of May, 
2017 in the City of Washington, District of Columbia.

Judith G. Garber,
Acting Assistant Secretary for Oceans and International Environmental 
And Scientific Affairs.
[FR Doc. 2017-11675 Filed 6-5-17; 8:45 am]
 BILLING CODE 4710-29-P