{"identifier":"/us/usc/t33/s535d","title":33,"num":"\u00a7\u202f535d.","heading":"Permitting for international bridges","text":"\u00a7\u202f535d.\nPermitting for international bridges\n(a)\nDefinitions\nIn this section:\n(1)\nEligible applicant\nThe term \u201celigible applicant\u201d means an entity that has submitted an application for a Presidential permit during the period beginning on\n(A) 1 or more international bridges in Webb County, Texas.\n(B) An international bridge in Cameron County, Texas.\n(C) An international bridge in Maverick County, Texas.\n(2)\nPresidential permit\n(A)\nIn general\nThe term \u201cPresidential permit\u201d means\u2014\n(i) an approval by the President to construct, maintain, and operate an international bridge under\nsection 535b of this title\n(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).\n(B)\nInclusion\nThe term \u201cPresidential permit\u201d includes an amendment to an approval described in clause (i) or (ii) of subparagraph (A).\n(3)\nSecretary\nThe term \u201cSecretary\u201d means the Secretary of State.\n(b)\nApplication\nAn eligible applicant for a Presidential permit to construct, maintain, and operate an international bridge shall submit an application for the permit to the Secretary.\n(c)\nRecommendation\n(1)\nIn general\nNot 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\u2014\n(A) to grant the Presidential permit; or\n(B) to deny the Presidential permit.\n(2)\nConsideration\nThe basis for a recommendation under paragraph (1) shall be whether the international bridge is in the foreign policy interests of the United States.\n(d)\nPresidential action\n(1)\nIn general\nThe President shall grant or deny the Presidential permit for an application under subsection (b) by not later than 60 days after the earlier of\u2014\n(A) the date on which the Secretary makes a recommendation under subsection (c)(1); and\n(B) the date on which the Secretary is required to make a recommendation under subsection (c)(1).\n(2)\nNo action\n(A)\nIn general\nSubject 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.\n(B)\nRequirement\nAs 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\nPublic Law 91\u2013190\n42 U.S.C. 4321\n(e)\nDocument requirements\nNotwithstanding any other provision of law, the Secretary shall not require an eligible applicant for a Presidential permit\u2014\n(1) to include in the application under subsection (b) environmental documents prepared pursuant to\nPublic Law 91\u2013190\n42 U.S.C. 4321\n(2) to have completed any environmental review under\nPublic Law 91\u2013190\n42 U.S.C. 4321\n(f)\nRules of construction\nNothing in this section\u2014\n(1) prohibits the President from granting a Presidential permit conditioned on the eligible applicant completing all environmental documents pursuant to\nPublic Law 91\u2013190\n42 U.S.C. 4321\n(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;\n(3) exempts an eligible applicant from the requirement to complete all environmental documents pursuant to\nPublic Law 91\u2013190\n42 U.S.C. 4321\n(4) exempts an eligible applicant from complying with\nPublic Law 91\u2013190\n42 U.S.C. 4321","url":"https://projectusc.org/usc/t33/s535d.html","content":[{"t":"sec","id":"/us/usc/t33/s535d","children":[{"t":"num","text":"\u00a7\u202f535d."},{"t":"heading","text":"Permitting for international bridges"},{"t":"subsec","id":"/us/usc/t33/s535d/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Definitions"},{"t":"chapeau","text":"In this section:"},{"t":"para","id":"/us/usc/t33/s535d/a/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Eligible applicant"},{"t":"chapeau","text":"The term \u201celigible applicant\u201d means an entity that has submitted an application for a Presidential permit during the period beginning on ","children":[{"t":"text","text":"December 1, 2020","tail":", and ending on "},{"t":"text","text":"December 31, 2024","tail":", for any of the following:"}]},{"t":"subpara","id":"/us/usc/t33/s535d/a/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" 1 or more international bridges in Webb County, Texas.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t33/s535d/a/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" An international bridge in Cameron County, Texas.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t33/s535d/a/1/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" An international bridge in Maverick County, Texas.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s535d/a/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Presidential permit"},{"t":"subpara","id":"/us/usc/t33/s535d/a/2/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"The term \u201cPresidential permit\u201d means\u2014"},{"t":"clause","id":"/us/usc/t33/s535d/a/2/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" an approval by the President to construct, maintain, and operate an international bridge under ","children":[{"t":"ref","text":"section 535b of this title","href":"/us/usc/t33/s535b","tail":"; or"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t33/s535d/a/2/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" 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).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t33/s535d/a/2/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Inclusion"},{"t":"content","children":[{"t":"p","text":"The term \u201cPresidential permit\u201d includes an amendment to an approval described in clause (i) or (ii) of subparagraph (A).","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s535d/a/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Secretary"},{"t":"content","children":[{"t":"p","text":"The term \u201cSecretary\u201d means the Secretary of State.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t33/s535d/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Application"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t33/s535d/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Recommendation"},{"t":"para","id":"/us/usc/t33/s535d/c/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"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\u2014"},{"t":"subpara","id":"/us/usc/t33/s535d/c/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" to grant the Presidential permit; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t33/s535d/c/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" to deny the Presidential permit.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s535d/c/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Consideration"},{"t":"content","children":[{"t":"p","text":"The basis for a recommendation under paragraph (1) shall be whether the international bridge is in the foreign policy interests of the United States.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t33/s535d/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Presidential action"},{"t":"para","id":"/us/usc/t33/s535d/d/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"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\u2014"},{"t":"subpara","id":"/us/usc/t33/s535d/d/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the date on which the Secretary makes a recommendation under subsection (c)(1); and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t33/s535d/d/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the date on which the Secretary is required to make a recommendation under subsection (c)(1).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s535d/d/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"No action"},{"t":"subpara","id":"/us/usc/t33/s535d/d/2/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t33/s535d/d/2/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Requirement"},{"t":"content","children":[{"t":"p","text":"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 ","children":[{"t":"ref","text":"Public Law 91\u2013190","href":"/us/pl/91/190","tail":" ("},{"t":"ref","text":"42 U.S.C. 4321","href":"/us/usc/t42/s4321","tail":" et seq.)."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t33/s535d/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Document requirements"},{"t":"chapeau","text":"Notwithstanding any other provision of law, the Secretary shall not require an eligible applicant for a Presidential permit\u2014"},{"t":"para","id":"/us/usc/t33/s535d/e/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" to include in the application under subsection (b) environmental documents prepared pursuant to ","children":[{"t":"ref","text":"Public Law 91\u2013190","href":"/us/pl/91/190","tail":" ("},{"t":"ref","text":"42 U.S.C. 4321","href":"/us/usc/t42/s4321","tail":" et seq.); or"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s535d/e/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" to have completed any environmental review under ","children":[{"t":"ref","text":"Public Law 91\u2013190","href":"/us/pl/91/190","tail":" ("},{"t":"ref","text":"42 U.S.C. 4321","href":"/us/usc/t42/s4321","tail":" et seq.) prior to the President granting a Presidential permit under subsection (d)."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t33/s535d/f","children":[{"t":"num","text":"(f)"},{"t":"heading","text":"Rules of construction"},{"t":"chapeau","text":"Nothing in this section\u2014"},{"t":"para","id":"/us/usc/t33/s535d/f/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" prohibits the President from granting a Presidential permit conditioned on the eligible applicant completing all environmental documents pursuant to ","children":[{"t":"ref","text":"Public Law 91\u2013190","href":"/us/pl/91/190","tail":" ("},{"t":"ref","text":"42 U.S.C. 4321","href":"/us/usc/t42/s4321","tail":" et seq.) and complying with relevant laws;"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s535d/f/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" 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;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s535d/f/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" exempts an eligible applicant from the requirement to complete all environmental documents pursuant to ","children":[{"t":"ref","text":"Public Law 91\u2013190","href":"/us/pl/91/190","tail":" ("},{"t":"ref","text":"42 U.S.C. 4321","href":"/us/usc/t42/s4321","tail":" et seq.) prior to construction of an international bridge; or"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s535d/f/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" exempts an eligible applicant from complying with ","children":[{"t":"ref","text":"Public Law 91\u2013190","href":"/us/pl/91/190","tail":" ("},{"t":"ref","text":"42 U.S.C. 4321","href":"/us/usc/t42/s4321","tail":" et seq.) or any other law."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}