33 U.S.C. § 535d — Permitting for international bridges

Page 116 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 535a subject to (1) the approval of the proper authori- ties in the foreign country concerned; (2) the provisions of sections 491 to 494 and 495 to 498 of this title, except section 496 of this title, wheth- er or not such bridge is to be built across or over any of the navigable waters of the United States; and (3) of the provisions of this sub- chapter. (Pub. L. 92–434, § 2, Sept. 26, 1972, 86 Stat. 731.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 92–434, § 1, Sept. 26, 1972, 86 Stat. 731, provided: ‘‘That this Act [enacting this subchapter and amending section 129 of Title 23, Highways] may be cited as the ‘International Bridge Act of 1972’.’’ § 535a. Congressional consent to State agree- ments with Canada and Mexico; Secretary of State’s approval of agreements The consent of Congress is hereby granted for a State or a subdivision or instrumentality thereof to enter into agreements— (1) with the Government of Canada, a Cana- dian Province, or a subdivision or instrumen- tality of either, in the case of a bridge con- necting the United States and Canada, or (2) with the Government of Mexico, a Mexi- can State, or a subdivision or instrumentality of either, in the case of a bridge connecting the United States and Mexico, for the construction, operation, and mainte- nance of such bridge in accordance with the ap- plicable provisions of this subchapter. The effec- tiveness of such agreement shall be conditioned on its approval by the Secretary of State. (Pub. L. 92–434, § 3, Sept. 26, 1972, 86 Stat. 731.) § 535b. Presidential approval; recommendations of Federal officials No bridge may be constructed, maintained, and operated as provided in section 535 of this title unless the President has given his approval thereto. In the course of determining whether to grant such approval, the President shall secure the advice and recommendations of (1) the United States section of the International Boundary and Water Commission, United States and Mexico, in the case of a bridge connecting the United States and Mexico, and (2) the heads of such departments and agencies of the Federal Government as he deems appropriate to deter- mine the necessity for such bridge. (Pub. L. 92–434, § 4, Sept. 26, 1972, 86 Stat. 731.) § 535c. Approval of Secretary; commencement and completion requirements; extension of time limits The approval of the Secretary of the depart- ment in which the Coast Guard is operating, as required by section 491 of this title, shall be given only subsequent to the President’s ap- proval, as provided for in section 535b of this title, and shall be null and void unless the con- struction of the bridge is commenced within two years and completed within five years from the date of the Secretary’s approval: Provided, how- ever, That the Secretary, for good cause shown, may extend for a reasonable time either or both of the time limits herein provided. (Pub. L. 92–434, § 5, Sept. 26, 1972, 86 Stat. 732; Pub. L. 114–120, title III, § 306(b)(6)(A), Feb. 8, 2016, 130 Stat. 56.) Editorial Notes AMENDMENTS 2016—Pub. L. 114–120 substituted ‘‘Secretary of the de- partment in which the Coast Guard is operating’’ for ‘‘Secretary of Transportation’’. § 535d. Permitting for international bridges (a) Definitions In this section: (1) Eligible applicant The term ‘‘eligible applicant’’ means an en- tity that has submitted an application for a Presidential permit during the period begin- ning on December 1, 2020, and ending on De- cember 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 con- struct, maintain, and operate an inter- national bridge under section 535b of this title; or (ii) an approval by the President to con- struct, maintain, and operate an inter- national bridge pursuant to a process de- scribed in Executive Order 13867 (84 Fed. Reg. 15491; relating to Issuance of Permits With Respect to Facilities and Land Transportation Crossings at the Inter- national 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 inter- national 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 para- graph (1) shall be whether the international Page 117 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 535e 1 See References in Text note below. bridge is in the foreign policy interests of the United States. (d) Presidential action (1) In general The President shall grant or deny the Presi- dential permit for an application under sub- section (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 re- quired to make a recommendation under subsection (c)(1). (2) No action (A) In general Subject to subparagraph (B), if the Presi- dent 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 consid- ered to have been granted as of that dead- line. (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 re- quired 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 appli- cant for a Presidential permit— (1) to include in the application under sub- section (b) environmental documents prepared pursuant to Public Law 91–190 (42 U.S.C. 4321 et seq.); or (2) to have completed any environmental re- view under Public Law 91–190 (42 U.S.C. 4321 et seq.) prior to the President granting a Presi- dential permit under subsection (d). (f) Rules of construction Nothing in this section— (1) prohibits the President from granting a Presidential permit conditioned on the eligi- ble applicant completing all environmental documents pursuant to Public Law 91–190 (42 U.S.C. 4321 et seq.) and complying with rel- evant laws; (2) prohibits the Secretary from requesting a list of all permits and approvals from Federal, State, and local agencies that the eligible ap- plicant believes are required in connection with the international bridge, or a brief de- scription of how those permits and approvals will be acquired prior to making a rec- ommendation to the President; (3) exempts an eligible applicant from the re- quirement to complete all environmental doc- uments 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 com- plying 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.) 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 com- plete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Ta- bles. 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 pe- riod the United States portion of bridge become the property of the State having jurisdiction over such United States portion, and that accurate records on ex- penditures and tolls collected be kept and annually re- ported 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. § 535e. Ownership (a) Sale, assignment, or transfer; approval of Sec- retary Nothing in this subchapter shall be deemed to prevent the individual, corporation, or other en- tity to which, pursuant to this subchapter, au- thorization has been given to construct, operate, and maintain an international bridge and the approaches thereto, from selling, assigning, or transferring the rights, powers, and privileges conferred by this subchapter: Provided, That such sale, assignment, or transfer shall be sub- ject to approval by the Secretary of the depart- ment in which the Coast Guard is operating. (b) State status of original applicant upon acqui- sition of right, title, and interest after termi- nation of private entity licenses, contracts, or orders Upon the acquisition by a State or States, or by a subdivision or instrumentality thereof, of the right, title, and interest of a private indi- vidual, corporation, or other private entity, in and to an international bridge, any license, con- tract, or order issued or entered into by the Sec- retary of the department in which the Coast Guard is operating, to or with such private indi- vidual, corporation, or other private entity, shall be deemed terminated forthwith. There- after, the State, subdivision, or instrumentality so acquiring shall operate and maintain such bridge in the same manner as if it had been the original applicant, and the provisions of section 535d 1 of this title shall not apply. (Pub. L. 92–434, § 8, Sept. 26, 1972, 86 Stat. 732; Pub. L. 114–120, title III, § 306(b)(6)(B), Feb. 8, 2016, 130 Stat. 56.)