--- kind: "section" citation: "33 U.S.C. § 535d" title: "33" title_heading: "Navigation and Navigable Waters" number: "535d" heading: "Permitting for international bridges" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/33/535d" units: - "Chapter 11 — Bridges Over Navigable Waters" - "Subchapter IV — International Bridges" --- # §535d. Permitting for international bridges - (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](/usc/33/535b.md); 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)](#a-2-A-i) or [(ii)](#a-2-A-ii) of subparagraph (A). - (3) **Secretary—** The term “[Secretary](/usc/33/426h–1.md?p=2)” 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](/usc/33/426h–1.md?p=2). - (c) **Recommendation—** - (1) **In general—** Not later than 60 days after the date on which the [Secretary](/usc/33/426h–1.md?p=2) receives an application under [subsection (b)](#b), the [Secretary](/usc/33/426h–1.md?p=2) 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)](#c-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)](#b) by not later than 60 days after the earlier of— - (A) the date on which the [Secretary](/usc/33/426h–1.md?p=2) makes a recommendation under [subsection (c)(1)](#c-1); and - (B) the date on which the [Secretary](/usc/33/426h–1.md?p=2) is required to make a recommendation under [subsection (c)(1)](#c-1). - (2) **No action—** - (A) **In general—** Subject to [subparagraph (B)](#d-2-B), if the President does not grant or deny the Presidential permit for an application under [subsection (b)](#b) by the deadline described in [paragraph (1)](#d-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)](#d-2-A), the eligible applicant shall complete all applicable environmental documents required pursuant to Public Law 91–190 ([42 U.S.C. 4321](/usc/42/4321.md) et seq.). - (e) **Document requirements—** Notwithstanding any other provision of law, the [Secretary](/usc/33/426h–1.md?p=2) shall not require an eligible applicant for a Presidential permit— - (1) to include in the application under [subsection (b)](#b) environmental documents prepared pursuant to Public Law 91–190 ([42 U.S.C. 4321](/usc/42/4321.md) et seq.); or - (2) to have completed any environmental review under Public Law 91–190 ([42 U.S.C. 4321](/usc/42/4321.md) et seq.) prior to the President granting a Presidential permit under [subsection (d)](#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](/usc/42/4321.md) et seq.) and complying with relevant laws; - (2) prohibits the [Secretary](/usc/33/426h–1.md?p=2) 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](/usc/42/4321.md) 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](/usc/42/4321.md) et seq.) or any other law. ## Source credit (Pub. L. 92–434, § 6, as added Pub. L. 118–31, div. E, title LIV, § 5414, Dec. 22, 2023, 137 Stat. 954.) ## Notes ### 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 complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. ### 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 period the United States portion of bridge become the property of the State having jurisdiction over such United States portion, and that accurate records on expenditures and tolls collected be kept and annually reported 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.