§535d — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

If an entity applied between December 1, 2020, and December 31, 2024, for a Presidential permit to build, operate, or maintain one or more international bridges in Webb County, or an international bridge in Cameron County or Maverick County, Texas, that applicant must send its permit application to the Secretary of State. A "Presidential permit" means the President’s approval to build, maintain, and operate an international bridge under 33 U.S.C. 535b or under Executive Order 13867 (or any successor), and it also covers changes to such approvals. The Secretary of State must, within 60 days of getting the application, recommend to the President whether to grant or deny it, based on U.S. foreign policy interests. The President then must decide within 60 days after the Secretary’s recommendation or after the deadline for that recommendation, whichever comes first. If the President does not decide by that deadline, the permit is treated as granted on that date, but the applicant must complete all required environmental documents under Public Law 91–190 (42 U.S.C. 4321 et seq.) as a condition. The Secretary cannot force applicants to include or finish those environmental documents before the President acts. The President may still make approval conditional on completing environmental reviews and following other laws. The Secretary may ask for a list or brief plan of other permits and approvals needed. Applicants are not excused from finishing environmental reviews before construction or from following Public Law 91–190 or any other law.

Title 33, §535d

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)In this section:

(1)The term “eligible applicant” means an entity that has submitted an application for a Presidential permit during the period beginning on December 1, 2020, and ending on December 31, 2024, for any of the following:

(A)1 or more international bridges in Webb County, Texas.

(B)An international bridge in Cameron County, Texas.

(C)An international bridge in Maverick County, Texas.

(2)(A)The term “Presidential permit” means—

(i)an approval by the President to construct, maintain, and operate an international bridge under section 535b of this title; or

(ii)an approval by the President to construct, maintain, and operate an international bridge pursuant to a process described in Executive Order 13867 (84 Fed. Reg. 15491; relating to Issuance of Permits With Respect to Facilities and Land Transportation Crossings at the International Boundaries of the United States) (or any successor Executive Order).

(B)The term “Presidential permit” includes an amendment to an approval described in clause (i) or (ii) of subparagraph (A).

(3)The term “Secretary” means the Secretary of State.

(b)An eligible applicant for a Presidential permit to construct, maintain, and operate an international bridge shall submit an application for the permit to the Secretary.

(c)(1)Not later than 60 days after the date on which the Secretary receives an application under subsection (b), the Secretary shall make a recommendation to the President—

(A)to grant the Presidential permit; or

(B)to deny the Presidential permit.

(2)The basis for a recommendation under paragraph (1) shall be whether the international bridge is in the foreign policy interests of the United States.

(d)(1)The President shall grant or deny the Presidential permit for an application under subsection (b) by not later than 60 days after the earlier of—

(A)the date on which the Secretary makes a recommendation under subsection (c)(1); and

(B)the date on which the Secretary is required to make a recommendation under subsection (c)(1).

(2)(A)Subject to subparagraph (B), if the President does not grant or deny the Presidential permit for an application under subsection (b) by the deadline described in paragraph (1), the Presidential permit shall be considered to have been granted as of that deadline.

(B)As a condition on a Presidential permit considered to be granted under subparagraph (A), the eligible applicant shall complete all applicable environmental documents required pursuant to Public Law 91–190 (42 U.S.C. 4321 et seq.).

(e)Notwithstanding any other provision of law, the Secretary shall not require an eligible applicant for a Presidential permit—

(1)to include in the application under subsection (b) environmental documents prepared pursuant to Public Law 91–190 (42 U.S.C. 4321 et seq.); or

(2)to have completed any environmental review under Public Law 91–190 (42 U.S.C. 4321 et seq.) prior to the President granting a Presidential permit under subsection (d).

(f)Nothing in this section—

(1)prohibits the President from granting a Presidential permit conditioned on the eligible applicant completing all environmental documents pursuant to Public Law 91–190 (42 U.S.C. 4321 et seq.) and complying with relevant laws;

(2)prohibits the Secretary from requesting a list of all permits and approvals from Federal, State, and local agencies that the eligible applicant believes are required in connection with the international bridge, or a brief description of how those permits and approvals will be acquired prior to making a recommendation to the President;

(3)exempts an eligible applicant from the requirement to complete all environmental documents pursuant to Public Law 91–190 (42 U.S.C. 4321 et seq.) prior to construction of an international bridge; or

(4)exempts an eligible applicant from complying with Public Law 91–190 (42 U.S.C. 4321 et seq.) or any other law.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Executive Order 13867, referred to in subsec. (a)(2)(A)(ii), is Ex. Ord. No. 13867, Apr. 10, 2019, 84 F.R. 15491, which is set out as a note under section 301 of Title 3, The President. Public Law 91–190, referred to in subsecs. (d)(2)(B), (e), and (f), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, known as the National Environmental Policy Act of 1969, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 4321 of Title 42 and Tables.

Prior Provisions

A prior section 535d, Pub. L. 92–434, § 6, Sept. 26, 1972, 86 Stat. 732, directed that tolls charged for use of an international bridge constructed or acquired under this subchapter by private individual, company, or other private entity be collected for a reasonable period for amortization of

Construction

or acquisition costs, plus interest and reasonable return, that at end of such period the United States portion of bridge become the property of the State having jurisdiction over such United States portion, and that accurate records on expenditures and tolls collected be kept and annually reported to Secretary of Transportation, with authority for Secretary to conduct audits, prior to repeal by Pub. L. 100–17, title I, § 135(g), Apr. 2, 1987, 101 Stat. 174.

§535d Permitting for International Bridges