AUTHORIZING THE STATE OF TEXAS, TO CONSTRUCT, OPERATE AND MAINTAIN AN INTERNATIONAL TOLL BRIDGE, ITS APPROACHES AND FACILITIES, AT THE INTERNATIONAL BOUNDARY BETWEEN THE UNITED STATES AND MEXICO
By virtue of the authority vested in me as Deputy Secretary of State under Executive Order 11423 of August 16, 1968; the International Bridge Act of 1972 (86 Stat. 731; 33 U.S.C. §535); and Department of State Delegation of Authority number 118-1 of April 11, 1973; taking account of the permit approved on July 2, 1976 authorizing Presidio County, Texas to construct an international bridge and recognizing the desire of the State of Texas to construct and operate such a bridge in lieu of Presidio County; I hereby grant permission, subject to acceptance of the conditions hereinafter set forth, to the State of Texas (hereinafter referred to as "permittee"), to construct, operate and maintain an international vehicular toll bridge in Presidio County Texas, in the vicinity of Presidio, Texas and Ojinaga, Chihuahua, Mexico.
The term "facilities" as used in this permit means the bridge, its approaches, and any land, structures, or installations appurtenant thereto.
The term "United States facilities" as used in this permit means that part of the facilities in the United States.
This permit is subject to the following conditions:
Article 1. It is expressly agreed by the permittee that the United States facilities herein described, and all aspects of their operation, shall be subject to the conditions, provisions and requirements of this permit or any amendment thereof; further that this permit nay be terminated at the will of the Secretary of State or his delegate or may be amended by the Secretary of State or his delegate at will or upon proper application therefor; further that the permittee shall make no substantial change in the location of the United States facilities or in the operation authorized by this permit until such changes shall have been approved by the Secretary of State or his delegate.
Article 2. (1) Standards for, and manner of, the construction, operation, and maintenance of the United States facilities shall be subject to inspection and approval by the representatives of appropriate Federal or State agencies. The permittee shall allow duly authorized officers and employees of such agencies free and unrestricted access to said facilities in the performance of their official duties.
(2) Approval of the Secretary of Transportation shall be obtained prior to initiation of construction, in conformity with the first section of the Act of March 23, 1906 (33 U.S.C. §391) and Section 5 of the International Bridge Act of 1972 (33 U.S.C. §535).
Article 3. The permittee shall comply with all applicable Federal and State laws and regulations regarding the construction, operation and maintenance of the United States facilities.
Article 4. Upon the termination, revocation, or surrender of this permit, the United States facilities in the immediate vicinity of the international boundary shall be removed by and at the expense of the permittee within such time as the Secretary of State or his delegate may specify, and upon failure of the permittee to remove this portion of the United States facilities as ordered, the Secretary of State or his delegate may direct that possession of such facilities be taken and that they be removed at the expense of the permittee; and the permittee shall have no claim for damages by reason of such possession or removal.
Article 5. If, in the future, it should appear to the Secretary of Transportation that any facilities or operations permitted hereunder cause unreasonable obstructions to the free navigation of any of the navigable waters of the United States, permittee may be required, upon notice from the Secretary of Transportation, to remove or alter such of the facilities as are owned by it so as to render navigation through such waters free and unobstructed.
Article 6. This permit and the operation of the United States facilities hereunder shall be subject to the limitations, terms and conditions contained in any orders or regulations issued by any competent agency of the United States Government, including but not limited to the Department of Transportation and the United States Section of the International Boundary and Water Commission. This permit shall continue in force and effect only so long as the permittee shall continue the operations hereby authorized in exact accordance with such limitations, terms and conditions.
Article 7. The permittee agrees that when, in the opinion of the President of the United States, the national security of the United States, the national security of the United States demands it, due notice being given by the Secretary of state or his delegate, the United States shall have the right to enter upon and take possession of any of the United States facilities or parts thereof; to retain possession, management and control thereof for such length of time as may appear to the President to be necessary; and thereafter to restore possession and control to the permittee. In the event that the United States shall exercise such right, it shall pay to the permittee just and fair compensation for the use of such United States facilities upon the basis of a reasonable profit in normal conditions, and the cost of restoring said facilities to as good condition as existed at the time or entering and taking over the same, less the reasonabale value of any improvements that may have been made by the United States.
Article 8. In the event of transfer of the United States facilities or any part thereof, this permit shall continue in effect temporarily for a reasonable time pending submission of a proper application by the transferee for a permanent permit, provided that notice of such transfer is given promptly in writing to the Department of State accompanied by a statement by the transferee under oath that the United States facilities and the operation and maintenance thereof authorized by this permit will remain substantially the same as before the transfer pending issuance to the transferee of a new permit.
Article 9. (1) The County of Presidio, Texas shall acquire such right-of-way grants, and easements as required to build the bridge and approaches. The permittee shall acquire permits and other authorizations as may become necessary and appropriate.
(2) The permittee shall save harmless the United States from any claimed or adjudged liability arising out of the construction, completion, or maintenance of the facilities to the extent permitted by the State Constitution.
(3) The permittee shall maintain the bridges and approaches in a condition of good repair for their safe operation.
Such bridge to be operated as a toll-free facility.
Article 10. The County of Presidio, Texas shall consult and provide the General Services Administration an adequate Federal inspection facility at the United States terminal of the bridge.
Article 11. The permittee shall take all appropriate measures to prevent or mitigate adverse environmental impacts or disruption of significant archeological resources in connection with the construction, operation and maintenance of the facilities.
Article 12. The permittee shall send notice to the Department of State at such time as the construction authorized by this permit is begun, and again at such time as construction is completed, interrupted, or discontinued.
IN WITNESS WHEREOF, I, Walter Stoessel, Deputy Secretary of State, have hereunto set my hand this 4th day of May, 1982 in the City of Washington, District of Columbia.