BTA supports bipartisan effort to end delays in border bridge construction

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RIO GRANDE CITY, Texas - The Border Trade Alliance has thrown its weight behind a bipartisan effort in Congress to speed up the issuance of permits for various Texas-Mexico border bridge projects. 

The projects are in Brownsville, Laredo and Eagle Pass.

As first reported in the Rio Grande Guardian International News Service, the bipartisan work is being spearheaded by U.S. Sen. Ted Cruz, R-Texas., Also working on the issue are U.S. Sen. John Cornyn, R-Texas, and U.S. Reps. Henry Cuellar, D-Laredo, Vicente Gonzalez, D-McAllen, Monica De La Cruz, R-McAllen, and Tony Gonzales, R-San Antonio. 

The lawmakers say the delay has been caused by the State Department. They said that contrary to past practice, “the State Department will not give its recommendation to the president about whether to approve the permits until applicants complete a lengthy and costly environmental assessment, which makes project planning and financing significantly more difficult.”

BTA letter to Cruz


Here is a letter BTA sent to Sen. Cruz on June 26, 2023:

Dear Senator Cruz: 

The Border Trade Alliance writes to extend its support for your efforts to streamline the process for obtaining the Presidential Permits that are required for the construction and expansion of international border crossings at the United States-Mexico and U.S.-Canada borders. 

As you know, the Presidential Permit process for border crossings has historically been cumbersome and time consuming. That process, however, was greatly improved in 2019 following the issuance of Executive Order 13867, which designated the Secretary of State to receive all applications for the issuance or amendment of Presidential Permits for the construction, connection, operation, or maintenance of international border crossings. The Secretary makes a recommendation to the President of the United States whether to proceed with the application. The Secretary’s recommendation is to occur within 60 days of application receipt, and any further information requested of agencies by the President is to be provided within 30 days. 

But as administrations come and go, the durability of the process outlined in Executive Order 13867 becomes more uncertain. 

We agree with you that modernized border crossings are of national importance, as they are essential to maintaining the U.S.’ competitive standing and ensuring the country’s ability to efficiently process international trade and travel. 

Requiring Presidential Permit applications to be subject to an onerous and overly bureaucratic regulatory regime risks dramatically delaying the completion of needed projects along the border and drives up costs. 

Based on recent conversations with senior staff members from the Senate Committee on Commerce, Science & Transportation, we are encouraged by your desire to explore a more robust role for the legislative branch to influence the expansion and construction of international bridges and ports of entry. We believe the inclusion of language around permitting reform in the recently passed Fiscal Responsibility Act of 2023 is indicative of a desire in both chambers of Congress and in both parties to design a better process toward the completion of infrastructure projects that are of national importance. 

Furthermore, an improved Presidential Permit process is consistent with the passage of the bipartisan infrastructure law that authorized $3.4 billion for the construction, modernization, and expansion of 26 land border ports of entry. 

On behalf of the BTA’s public and private sector members, we thank you for your leadership on this matter. You can count on our organization as an ally in your work to improve this vital process for the commerce and security of the United States.

Sincerely,

Lance Jungmeyer 

Chairman

Britton Mullen

President

Sen. Cruz’s perspective


Working with Sen. Cornyn, and Reps. Cuellar, Gonzalez, De La Cruz, and Gonzales, Sen. Cruz has sent a letter to Secretary of State Antony Blinken urging him to resolve delays in providing permits for key cross-border bridge projects between the United States and Mexico in Brownsville, Laredo, and Eagle Pass, Texas. In the letter, Cruz and his colleagues said the three bridge projects were “economically vital” to Texas.

“Infrastructure connections between Texas and Mexico play an essential part in our state’s and our nation’s economy. Mexico is one of the United States’ most important trading partners with billions of dollars exchanged in exports and imports each year. These cross-border bridges will expand such trade, creating vital jobs and economic opportunities in the Texas border region,” Cruz said.

“Many of the affected Texas communities routinely rank as some of the lowest-income towns in the state. They stand to benefit immensely from the expanded and efficient cross-border trade and tourism that these projects will bring.”

Cruz letter to Blinken


Here is a copy of the Cruz letter:

Dear Secretary Blinken, 

June 27, 2023 

We are writing to urge you to assist in expeditiously resolving delays that several Texas communities have faced when seeking from the White House presidential permits for cross- border bridges. Infrastructure connections between Texas and Mexico play an essential part in our state’s and our nation’s economy. Mexico is one of the United States’ most important trading partners with billions of dollars exchanged in exports and imports each year. These cross-border bridges will expand such trade, creating vital jobs and economic opportunities in the Texas border region. 

Early in this administration, three project sponsors submitted applications for proposed bridges in Webb County and Cameron County, Texas. A fourth project in Maverick County, Texas is expected to be filed soon. In August 2022—well beyond the 60-day requirement for the State Department to make a recommendation to the president—applicants received a letter from the State Department demanding full and final environmental assessment reviews before the State Department would make its recommendation to the president for his consideration. A completed environmental assessment is unnecessary and contradicts past precedent. We urge you to ask the White House to instead restore the past practice of issuing presidential permits contingent on an environmental assessment being successfully completed.

As you are aware, the State Department must provide its recommendation to the president about whether granting a permit for an international crossing is in the foreign policy interest of the United States. Permits for Texas-Mexico bridge projects, however, have been needlessly delayed because the State Department, after consultation with White House staff at the National Security Council and the Council on Environmental Quality, has told project sponsors that they must first complete a lengthy environmental assessment before a recommendation will be given. This additional bureaucratic hurdle should be eliminated because it is both unnecessary and ignores the positive cultural and economic impacts that make these projects in our foreign policy interest. 

First, the question for the Secretary of State is not whether a particular crossing complies with the National Environmental Policy Act (NEPA) but rather is it in the foreign policy interest of our country. This question is separate from whether the construction of a crossing complies with NEPA. Further, these projects are nearby or adjacent to existing crossings, undermining the argument in favor of first conducting a laborious environmental study of the impact construction will have on local species or ecosystems. 

Second, the White House can issue presidential permits conditionally on NEPA reviews. This was, in fact, how the previous administration treated this process. It issued presidential permits for bridges in Pharr and Laredo, Texas, notably without requiring full and final NEPA assessments. Such a conditional approach is also consistent with the intent to evaluate foreign policy interests when making a presidential permit decision under the International Bridge Act of 1972, which makes no mention of environmental policy. Importantly, no environmental shortcuts are taken with a conditional approach as federal agencies with relevant jurisdiction will still review NEPA documents before a project can commence. The disparity in treatment between bridge projects in the prior administration and those in the current administration suggests, at best, a lack of standardized and transparent processes for reviewing applications and an unnecessary bureaucratic hurdle. 

The current practice of withholding approval until a lengthy and costly environmental assessment is completed also makes project planning and financing considerably harder. Unlike land crossings that may be owned or operated by the federal government, these crossings will be financed largely privately or locally. Bureaucratic delays create significant project uncertainty, hinder potential economic growth, and forestall a higher standard of living not only for our Texas border communities, but for all Americans. Many of the affected Texas communities routinely rank as some of the lowest-income towns in the state. They stand to benefit immensely from the expanded and efficient cross-border trade and tourism that these projects will bring. 

We strongly urge you to ask the White House to remove the unnecessary requirement that international bridge project sponsors complete a lengthy environmental assessment before the State Department will make its recommendation to the president about a permit request. Furthermore, we ask that, within 60 days of receipt of this letter, the State Department recommend to the president that he approve the permits for these projects. The president’s approvals could be conditioned on the project sponsors completing all other permitting requirements prior to construction, consistent with how recent permits for Pharr and Laredo, Texas were approved. If this administration is unable provide such regulatory certainty for our communities, then Congress may need to update the International Bridge Act of 1972 to facilitate the timely approval and completion of vital cross-border bridge projects. 

Thank you for your attention to this matter.

Ted Cruz 

John Cornyn

Vicente Gonzalez 

Henry Cuellar

Monica De La Cruz 

Tony Gonzales

Congressman Gonzalez’s perspective


Congressman Gonzalez urged Secretary Blinken to end longstanding delays and approve permits for crucial cross-border bridge projects in South Texas. 

“Our nation depends on South Texas’s infrastructure and labor to successfully conduct trade with Mexico, one of our largest trading partners. These bridge projects are needlessly being put on hold while our communities and country continue to be negatively impacted,” Gonzalez said.

“My colleagues and I agree that environmental studies are an important measure to mitigate negative impacts on our local ecosystems. However, there are other processes available that can provide a thorough environmental review without further delaying vital projects. In my district alone, the Flor de Mayo International Bridge Project has been delayed for years.  We must eliminate bureaucratic red tape to ensure that South Texas’s infrastructure can meet the demand of trade and tourism for decades to come.”


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