33 U.S.C. § 535d: Permitting for international…

Summary

Companies that applied for a Presidential permit between December 1, 2020, and December 31, 2024, to build or run international bridges in Webb County, Cameron County, or Maverick County, Texas, must send their permit application to the Secretary of State. A "Presidential permit" means the President’s approval to build, keep, and operate an international bridge, including changes to a previous approval or approvals done under Executive Order 13867. The Secretary of State must tell the President within 60 days whether to approve or deny the permit, based on whether the bridge fits U.S. foreign policy interests. The President then has 60 days to decide after the Secretary’s recommendation or after the Secretary’s 60-day deadline. If the President does not decide by that time, the permit is treated as granted, but the applicant must finish all required environmental studies under Public Law 91–190 (42 U.S.C. 4321 et seq.). 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 work and following all laws, and the Secretary can ask for a list of other permits the applicant will need.

Title 33, §535d

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)Definitions

In this section: (1) Eligible applicant

(2)Presidential permit

(A)In general

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)Inclusion

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

(3)Secretary

The term “Secretary” means the Secretary of State.

(b)Application

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)Recommendation

(1)In general

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)Consideration

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)Presidential action

(1)In general

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)

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

(2)No action

(A)In general

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)Requirement

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)Document requirements

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)Rules of construction

Nothing in this section

(1)

(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