Authorizing the City of Pharr, Texas, To Construct, Connect, Operate, and Maintain Bridge Facilities at the International Boundary Between the United States and Mexico, 435-437 [2021-00041]

Agencies

• Executive Office of the President

[Federal Register Volume 86, Number 3 (Wednesday, January 6, 2021)]
[Presidential Documents]
[Pages 435-437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00041]




                        Presidential Documents 



Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / 
Presidential Documents

[[Page 435]]


                Presidential Permit of December 31, 2020

                
Authorizing the City of Pharr, Texas, To 
                Construct, Connect, Operate, and Maintain Bridge 
                Facilities 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 this Presidential permit, subject to the 
                conditions herein set forth, to the City of Pharr, 
                Texas (the ``permittee''), in Hidalgo County, Texas. 
                Permission is hereby granted to the permittee to 
                construct, connect, operate, and maintain certain 
                Border facilities, as described herein, at the 
                international border of the United States and Mexico in 
                the vicinity of Pharr, Texas, and Reynosa, Mexico.

                This permit does not affect the applicability of any 
                otherwise-relevant laws and regulations. As confirmed 
                in Article 2 of this permit, the Border facilities 
                shall remain subject to all such laws and regulations.

                The term ``Facilities,'' as used in this permit, means 
                the portion in the United States of the international 
                bridge project--to be constructed adjacent to the 
                existing Pharr International Bridge, authorized by a 
                Presidential permit dated December 20, 1978--associated 
                with the permittee's September 30, 2020, application 
                for a Presidential permit, and any land, structures, 
                installations, or equipment appurtenant thereto.

                The term ``Border facilities,'' as used in this permit, 
                means those parts of the Facilities consisting of the 
                bridge, its approaches, and any land, structures, 
                installations, or equipment appurtenant thereto.

                This permit is subject to the following conditions:

                Article 1. The Border facilities herein described, and 
                all aspects of their operation, shall be subject to all 
                the conditions, provisions, and requirements of this 
                permit and any subsequent Presidential amendment to it. 
                This permit may be terminated, revoked, or amended at 
                any time at the sole discretion of the President, with 
                or without advice provided by any executive department 
                or agency (agency). The permittee shall make no 
                substantial change in the Border facilities, in the 
                location of the Border facilities, or in the operation 
                authorized by this permit unless the President has 
                approved the change in an amendment to this permit or 
                in a new permit.

                Article 2. The standards for, and the manner of, 
                construction, connection, operation, and maintenance of 
                the Border facilities shall be subject to inspection by 
                the representatives of appropriate Federal, State, and 
                local agencies. Officers and employees of such agencies 
                who are duly authorized and performing their official 
                duties shall be granted free and unrestricted access to 
                said Border facilities by the permittee. The Border 
                facilities, including the construction, connection, 
                operation, and maintenance of the Border facilities, 
                shall be subject to all applicable laws and 
                regulations, including laws and regulations governing 
                bridges or highway safety, or issued or administered by 
                the Committee on Foreign Investment in the United 
                States or by the United States Section of the 
                International Boundary and Water Commission.

                Article 3. Upon the termination, revocation, or 
                surrender of this permit, unless otherwise decided by 
                the President, the permittee, at its own expense, shall 
                remove the Border facilities within such time as the 
                President may specify. If the permittee fails to comply 
                with an order to remove, or to

[[Page 436]]

                take such other appropriate action with respect to, the 
                Border facilities, the President may direct an 
                appropriate official or agency to take possession of 
                the Border facilities--or to remove the Border 
                facilities or take other action--at the expense of the 
                permittee. The permittee shall have no claim for 
                damages caused by any such possession, removal, or 
                other action.

                Article 4. When, in the judgment of the President, 
                ensuring the national security of the United States 
                requires entering upon and taking possession of any of 
                the Border facilities or parts thereof, and retaining 
                possession, management, or control thereof for such a 
                length of time as the President may deem necessary, the 
                United States shall have the right to do so, provided 
                that the President or his designee has given due notice 
                to the permittee. The United States shall also have the 
                right thereafter to restore possession and control to 
                the permittee. In the event that the United States 
                exercises the rights described in this article, it 
                shall pay to the permittee just and fair compensation 
                for the use of such Border facilities, upon the basis 
                of a reasonable profit in normal conditions, and shall 
                bear the cost of restoring the Border facilities to 
                their previous condition, less the reasonable value of 
                any improvements that may have been made by the United 
                States.

                Article 5. Any transfer of ownership or control of the 
                Border facilities, or any part thereof, or any changes 
                to the name of the permittee, shall be immediately 
                communicated in writing to the President or his 
                designee, and shall include information identifying any 
                transferee. Notwithstanding any such transfers or 
                changes, this permit shall remain in force subject to 
                all of its conditions, permissions, and requirements, 
                and any amendments thereto, unless subsequently 
                terminated, revoked, or amended by the President.

                Article 6. (1) The permittee is responsible for 
                acquiring any right-of-way grants or easements, 
                permits, and other authorizations as may become 
                necessary or appropriate.

                    (2) The permittee shall hold harmless and indemnify 
                the United States from any claimed or adjudged 
                liability arising out of construction, connection, 
                operation, or maintenance of the Border facilities, 
                including environmental contamination from the release, 
                threatened release, or discharge of hazardous 
                substances or hazardous waste.
                    (3) 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.

                Article 7. To the extent authorized by law, and 
                consistent with 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 U.S. Customs and Border Protection of 
                the Department of Homeland Security and any other 
                relevant United States Government 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. The permittee shall file with the President 
                or his designee, and with appropriate agencies, such 
                sworn statements or reports with respect to the Border 
                facilities, or the permittee's activities and 
                operations in connection therewith, as are now, or may 
                hereafter, be required under any law or regulation of 
                the United States Government or its agencies. These 
                reporting obligations do not alter the intent that this 
                permit be operative as a directive issued by the 
                President alone.

                Article 9. Upon request, the permittee shall provide 
                appropriate information to the President or his 
                designee with regard to the Border facilities. Such

[[Page 437]]

                requests could include, for example, information 
                concerning current conditions or anticipated changes in 
                ownership or control, construction, connection, 
                operation, or maintenance of the Border facilities.

                Article 10. The permittee shall provide written notice 
                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 11. This permit shall expire 15 years from the 
                date of its issuance if the permittee has not commenced 
                construction of the Border facilities by that date.

                Article 12. 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, DONALD J. TRUMP, President of 
                the United States of America, have hereunto set my hand 
                this thirty-first day of December, in the year of our 
                Lord two thousand twenty, and of the Independence of 
                the United States of America the two hundred and forty-
                fifth.
                
                
                    (Presidential Sig.)

[FR Doc. 2021-00041
Filed 1-5-21; 8:45 am]
Billing code 3295-F1-P