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, 48247-48250 [2024-12489]

Agencies

• Executive Office of the President

[Federal Register Volume 89, Number 109 (Wednesday, June 5, 2024)]
[Presidential Documents]
[Pages 48247-48250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12489]




                        Presidential Documents 



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

[[Page 48247]]


                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

                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 Maverick County, Texas (the 
                ``permittee''), to construct, maintain, and operate a 
                vehicular, pedestrian, and rail crossing located on the 
                United States border with Mexico in Eagle Pass, Texas, 
                as described in the ``Puerto Verde Global Trade Bridge 
                Presidential Permit Application'' dated October 17, 
                2023 (``October 17, 2023, Application''), by the 
                permittee to the Secretary of State and determined to 
                be complete on February 5, 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, its approaches, and any land, 
                structures, installations, or equipment appurtenant 
                thereto located between the United States side of the 
                international boundary between the United States and 
                Mexico and approximately two miles north of Eagle Pass 
                Bridge I, at the northwest edge of the City of Eagle 
                Pass.

                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 October 17, 2023, 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 in any environmental decision 
                documents prepared in accordance with the

[[Page 48248]]

                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;
                    (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 October 17, 2023, 
                Application; and

[[Page 48249]]

                    (5) Provide a plan for the approval of the 
                Secretary of Transportation detailing the commercial 
                motor vehicle safety measures that will be implemented, 
                as well as how the permittee will ensure the necessary 
                funding for appropriate Department of Transportation 
                staffing.

                Relevant agencies will coordinate with the permittee to 
                further refine the above conditions, as necessary, 
                within 1 year of permit issuance.

                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 Puerto Verde 
                Global Trade 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.

[[Page 48250]]

                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. 2024-12489
Filed 6-4-24; 11:15 am]
Billing code 3395-F4-P