[Federal Register Volume 82, Number 243 (Wednesday, December 20, 2017)]
[Notices]
[Pages 60464-60466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27341]
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DEPARTMENT OF STATE
[Public Notice: 10201]
Notice of Issuance of a Presidential Permit to the State of North
Dakota
AGENCY: Department of State.
ACTION: Notice.
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SUMMARY: The Acting Assistant Secretary of State for Oceans and
International Environmental and Scientific Affairs, acting pursuant to
delegated authorities, issued a Presidential permit to the State of
North Dakota on October 24, 2017, authorizing the State of North Dakota
to construct, connect, operate, and maintain the existing POE border-
crossing facilities at the U.S.-Canada border in Pembina County, North
Dakota. In accordance with Executive Order 11432 (August 16, 1968) as
amended, the Acting Assistant Secretary of State for Oceans and
International Environmental and Scientific Affairs determined that
issuance of this permit would serve the national interest.
FOR FURTHER INFORMATION CONTACT: Bryan Koontz, 202-647-3030,
[email protected].
SUPPLEMENTARY INFORMATION: Additional information concerning the
Pembina-Emerson POE border crossing facilities and documents related to
the Department of State's review of the application for a Presidential
permit can be found at https://www.state.gov/documents/organization/259783.pdf. Following is the text of the permit, as issued:
PRESIDENTIAL PERMIT AUTHORIZING THE STATE OF NORTH DAKOTA TO CONSTRUCT,
CONNECT, OPERATE, AND MAINTAIN THE PEMBINA-EMERSON PORT OF ENTRY AT THE
INTERNATIONAL BOUNDARY BETWEEN THE UNITED STATES AND CANADA
By virtue of the authority vested in me as Acting Assistant
Secretary of State for the Bureau of Oceans and International
Environmental and Scientific Affairs, including those authorities under
Executive Order 11423, 33 Fed. Reg. 11741 (1968); as amended by
Executive Order 12847 of May 17, 1993, 58 Fed. Reg. 29511 (1993),
Executive Order 13284 of January 23, 2003, 68 Fed. Reg. 4075 (2003),
and Executive Order 13337 of April 30, 2004, 69 Fed. Reg. 25299 (2004);
25299 (2004); and Department of State Delegation of Authority 118-2 of
January 26, 2006 and Delegation 415 of January 18, 2017; having
considered the environmental effects of the proposed action consistent
with the National Environmental Policy Act of 1969, as amended (83
Stat. 852, 42 U.S.C. 4321 et seq.), and other statutes relating to
environmental concerns; having considered the proposed action
consistent with the National Historic Preservation Act of 1966, as
amended (80 Stat. 917, 16 U.S.C. 470f et seq.); and having requested
and received the views of various of the federal departments and other
interested persons; I hereby grant permission, subject to the
conditions herein set forth, to the State of North Dakota (hereinafter
referred to as ``permittee''), to construct, connect, operate, and
maintain the Pembina-Emerson Port of Entry (hereinafter referred to as
the ``POE'').
The term ``facilities'' as used in this permit means the port of
entry, its approaches and any land, structures, or installations
appurtenant thereto, including all structures as described in the May
2, 2016 for a Presidential permit (the ``Application'') submitted by
the permitee to the Department of State.
[[Page 60465]]
The term ``U.S. facilities'' as used in this permit means those
parts of the facilities in the United States, as described in the
Application.
This permit is subject to the following conditions:
Article 1. (1) The U.S. facilities herein described, and all
aspects of their operation, shall be subject to all the conditions,
provisions, and requirements of this permit, and any amendment thereof.
This permit may be terminated at the will of the Secretary of State or
the Secretary's delegate or may be amended by the Secretary of State or
the Secretary's delegate at will or upon proper application therefore.
The permittee shall make no substantial change in the U.S. facilities,
the location of the U.S. facilities, or in the operation authorized by
this permit until such changes have been approved by the Secretary of
State or the Secretary's delegate.
(2) The construction, connection, operation, and maintenance of the
facilities shall be in all material respects as described in the
Application.
Article 2. The standards for, and the manner of, the construction,
connection, operation, and maintenance of the U.S. facilities shall be
subject to inspection and approval by the representatives of
appropriate federal, state, and local 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.
Article 3. The permittee shall comply with all applicable federal,
state, local, and tribal laws and regulations regarding the connection,
construction, operation, and maintenance of the U.S. facilities and
with all applicable industrial codes. The permittee shall obtain all
requisite permits from the relevant Canadian authorities as well as
from the relevant state and local government entities and relevant
federal agencies.
Article 4. Upon the termination, revocation, or surrender of this
permit, and unless otherwise agreed by the Secretary of State or the
Secretary's delegate, the U.S. 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 the
Secretary's delegate may specify, and upon failure of the permittee to
remove, or to take such other appropriate action with respect to this
portion of the U.S. facilities as ordered, the Secretary of State or
the Secretary's delegate may direct that possession of such facilities
be taken and that they be removed or other action taken, at the expense
of the permittee; and the permittee shall have no claim for damages by
reason of such possession or removal or other action.
Article 5. All construction, connection, operation and maintenance
of the U.S. facilities under this permit shall be subject to the
limitations, terms, and conditions issued by any competent agency of
the U.S. Government, including but not limited to the Department of
Homeland Security and the General Services Administration. This permit
shall continue in force and effect only so long as the permittee shall
continue the operations hereby authorized in accordance with such
limitations, terms, and conditions.
Article 6. When, in the opinion of the President of the United
States, the national security of the United States demands it, due
notice being given by the Secretary of State or the Secretary's
delegate, the United States shall have the right to enter upon and take
possession of any of the U.S. facilities or parts thereof; to retain
possession, management, or 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 U.S. 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
of entering and taking over the same, less the reasonable value of any
improvements that may have been made by the United States.
Article 7. Any transfer of ownership or control of the U.S.
facilities or any part thereof shall be immediately notified in writing
to the Department of State for approval, including identification of
the transferee. In the event of such transfer of ownership or control,
this permit shall remain in force and the U.S. facilities shall be
subject to all the conditions, permissions, and requirements of this
permit and any amendments thereof unless subsequently terminated or
amended by the Secretary of State or the Secretary's delegate.
Article 8. (1) The permittee shall acquire such right-of-way grants
or easements, permits and other authorizations as may be necessary and
appropriate.
(2) The permittee shall hold harmless and indemnify the United
States from any claimed or adjudged liability arising out of the
construction, connection, operation or maintenance of the facilities.
(3) The permittee shall maintain the U.S. facilities and every part
thereof in a condition of good repair for their safe operation, and in
compliance with prevailing environmental standards and regulations.
Article 9. The North Dakota Department of Transportation shall
provide the General Services Administration an adequate Federal
inspection facility at the United States terminal of the port of entry.
Article 10. The permittee shall take all appropriate measures to
prevent or mitigate adverse impacts on or disruption of the human
environment in connection with the construction, operation and
maintenance of the U.S. facilities, including those mitigation measures
set forth in the Final Environmental Assessment dated February 17, 2016
and any additional measures that may be required as result of any
reevaluation of the foregoing consistent with 23 C.F. R. Sec.
771.129(b).
Article 11. The permittee shall not begin construction until it has
been informed that the Government of the United States and the
Government of Canada have exchanged diplomatic notes confirming that
both governments authorized the commencement of a proposed expansion of
the port of entry.
Article 12. The permittee shall provide information upon request to
the Department of State with regard to the U.S. facilities. Such
requests could include, for example, information concerning current
conditions or anticipated changes in ownership or control,
construction, connection, operation or maintenance of the U.S.
facilities.
Article 13. The permittee shall provide written 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.
Article 14. The permittee shall file with the appropriate agencies
of the U.S. government such statements or reports under oath with
respect to the U.S. facilities, and/or the permittee's actions and
operations in connection therewith, as are now, or may hereafter be,
required under any laws or regulations of the U.S. government or its
agencies.
Article 15. This permit shall expire ten years from the date of
issuance of this permit in the event that the permittee has not
commenced construction of the expansion of the port of entry as
described in the Application by that deadline. The
[[Page 60466]]
remaining provisions of this permit shall remain in full force and
effect.
IN WITNESS WHEREOF, I, Judith G. Garber, Acting Assistant Secretary
for the Bureau of Oceans and International Environmental and Scientific
Affairs, have hereunto set my hand this 24th day of October, 2017 in
the City of Washington, District of Columbia.
Judith G. Garber,
Acting Assistant Secretary for Oceans and International
Environmental and Scientific Affairs.
End of permit text.
Mark Cullinane,
Acting Director, Office of Canadian Affairs, Bureau of Western
Hemisphere Affairs, Department of State.
[FR Doc. 2017-27341 Filed 12-19-17; 8:45 am]
BILLING CODE 4710-29-P