§ 535d. Permitting for international bridges

903 words·~4 min read·/usc/title-33/section-535d

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(a)Definitions In this section:

(1)Eligible applicant 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)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)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)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)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.

(Pub. L. 92–434, § 6, as added Pub. L. 118–31, div. E, title LIV, § 5414, Dec. 22, 2023, 137 Stat. 954.)

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