[Federal Register Volume 89, Number 195 (Tuesday, October 8, 2024)]
[Presidential Documents]
[Pages 81289-81292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23401]




                        Presidential Documents 



Federal Register / Vol. 89, No. 195 / Tuesday, October 8, 2024 / 
Presidential Documents

[[Page 81289]]


                Presidential Permit of October 3, 2024

                
Authorizing Southwebb Bridge Company LLC To 
                Construct, Maintain, and Operate a Vehicular and 
                Pedestrian Border Crossing Near Laredo, 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 Southwebb Bridge Company LLC (the 
                ``permittee'') to construct, maintain, and operate a 
                vehicular and pedestrian crossing located on the United 
                States border with Mexico in Laredo, Texas, as 
                described in the ``Presidential Permit Application 
                Laredo 4/5 International Bridge'' dated March 15, 2022 
                (``March 15, 2022, Application''), by the permittee to 
                the Secretary of State and determined to be complete on 
                June 6, 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 on the United States side of the 
                international boundary between the United States and 
                Mexico in the proposed project site located 
                approximately 12.6 miles south/southeast of the City of 
                Laredo, Texas, approximately 3.0 miles west of U.S. 
                Highway 83, approximately 4.4 miles southwest of Texas 
                State Highway Loop 20, approximately 10.5 miles 
                southwest of State Highway 359, and approximately 10.6 
                miles south of Interstate Highway 35.

                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, permissions, 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 March 15, 2022, 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.

[[Page 81290]]

                    (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 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 the President's 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

[[Page 81291]]

                of said program elements for the Border facilities 
                detailed in their March 15, 2022, Application; and
                    (5) Provide a plan for the approval of the 
                Secretary of Transportation detailing construction and 
                funding of commercial motor vehicle inspection 
                facilities and detailing how the permittee will ensure 
                the necessary funding for appropriate Department of 
                Transportation staffing and operations and maintenance 
                costs for the Border facilities upon commencement of 
                operations and thereafter.

                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 the President's 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 the 
                President's 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 inconsistent with the March 15, 2022, 
                Application 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 
                the President's 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 Laredo 4/5 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.

[[Page 81292]]

                IN WITNESS WHEREOF, I, JOSEPH R. BIDEN JR., President 
                of the United States of America, have hereunto set my 
                hand this third day of October, 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-
                ninth.
                <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
                
                    (Presidential Sig.)

[FR Doc. 2024-23401
Filed 10-7-24; 8:45 am]
Billing code 3395-F4-P