April 1, 2019
Application Cover Sheet | Construction Criteria |
The following information describes the outgrant application process for United States Section, International Boundary and Water Commission (USIBWC) outgrant program. It is intended to help applicants understand the outgrant process and does not constitute an exhaustive review of all steps that must be taken from concept development through construction. For ALL cross-border infrastructure, you must contact the U.S. Department of State, Bureau of Western Hemisphere Affairs for land based crossings or the Bureau of Energy Resources for liquid-petroleum based crossings.
An outgrant is described as a grant of interest or right to one to use government real property by a lease, easement, license, or permit. It is an agreement whereby a private party may, depending on the type of real estate instrument issued, enjoy an interest in or use of real property. Any project on the US - Mexican border requires close coordination and planning with the government of Mexico as well with sponsors and federal, state, and local authorities in both countries.
Consultations should be made with the USIBWC Realty Office as early as possible to avoid prolonging the reviewing process. Ensure that all information submitted is clear and concise. Contact the Realty and Asset Management Division for assistance relating to the outgrant process and to address any possible concerns at the earliest point possible.
Public Law No. 370 – 74th Congress (49 Stat. 906) approved August 27, 1935 authorizes the Secretary of State to allow federal lands administered by the Secretary and operated through the International Boundary and Water Commission, to be used by citizens of the United States. The Secretary of State has delegated such authority to the United States Commissioner, to administer lands heretofore or hereafter acquired under any act, Executive Order or Treaty, in connection with projects, in whole or in part, which were constructed, administered or operated through the International Boundary and Water Commission. In processing outgrant applications, the agency reviews compliance with the National Environmental Policy Act (P.L.91-190, as amended), the Endangered Species Act (P.L. 93-205, as amended), the National Historic Preservation Act (P.L. 89-665, as amended), the Clean Water Act (Federal Water Pollution Control Act)(P.L. 92-500, P.L. 93-243, and P.L. 95-217; 33 U.S.CSec1251, et seq.), the Clean Air Act (42 U.S.C.A. 7401 et seq.) and the USIBWC implementing procedures published in the Federal Register.
Consistent with NEPA, in considering an application for an outgrant, the USIBWC takes into account environmental impacts of the proposed work/event and directly related construction. During the comprehensive review, the USIBWC may prepare, circulate for comment, and file a description of the potential environmental impacts of the project. before furthering any application process, applicants may contact either the USIBWC Environmental Management Division at (915) 832-4100 or the Environmental Protection Agency to discuss NEPA concerns. Applicants are encouraged to consult with the USIBWC Environmental Protection Specialist before proceeding.
For additional information about NEPA and other resources addressing environmental assessments, please visit the following websites for more information;
National Environmental Policy Act (NEPA):
https://ceq.doe.gov/
Council on Environmental Quality (CEQ):
https://www.whitehouse.gov/ceq/
Federal Energy Regulatory Commission (FERC):
https://www.ferc.gov/industries/gas/enviro.asp
https://www.ferc.gov/industries/hydropower/enviro.asp
Department of Energy (DOE):
https://www.energy.gov/nepa/office-nepa-policy-and-compliance
All outgrant applications are made to the United States Commissioner, Attention: Realty Officer, United States Section, International Boundary and Water Commission, 4191 North Mesa Street, El Paso Texas, 79902 or to realty@ibwc.gov. Applicants should provide 1 (one) copy of the application and should be prepared to provide additional copies upon request. Applications that do not include the USIBWC application cover sheet will be returned and a review will not be conducted for on your request.
Outgrants are necessary for any work or event, including construction, dredging, recreational events, entertainment, or any other interest or request(s) resulting in the use of USIBWC federal real property by lease, easement, license, or permit. A complete application will include the following information:
1. Letter of Application (PDF if digital)
2. General Maps and Drawings (PDF/KMZ Format if digital)
3. Vicinity Map (PDF/KMZ Format if digital)
4. Location Map (PDF/KMZ Format if digital)
5. Plans and Specifications (PDF Format if digital)
6. Land Ownership Other than Federal (PDF Format if digital)
7. Resource Agency Statements-(PDF Format if digital)
8. Resource Agency Statement for Water line & Pumps - (PDF Format if digital)
Reviewing Applications
After the comprehensive review period, a Realty Specialist will contact the applicant and advise which of the following conditions applies to your application:
The USIBWC reviewing board is committed to reviewing application in a timely manner, however, because the USIBWC mission is so fluid and spans some 1,900 miles between California and Texas, reviewing times may vary resulting in extended reviews.
General Conditions
For the information of the application, the general condition established by this commission, relative to the outgrant program, are given below. Special condition may be added if it is determined that the interests of the United States so require:
More Information
For more information about Mexican coordination and permits, please contact the Comision Internacional De Limites Y Aguas at the address below or by phone at (656)639-79-50, (656) 613-73-11
Comisión Internacional de Límites y Aguas (CILA)
UNIVERSIDAD NÚMERO. 2180, ZONA CHAMIZAL,
C.P. 32310 CIUDAD JUÁREZ, CHIH.
For more information about Presidential Permits for oil and liquids pipelines, please contact the Office of International Energy and Commodities Policy at the address below or by phone at (202) 647-3423.
Office of International Energy and Commodities Policy
Mail Stop EB/ESC/IEC
Department of State
2201 C Street NW
Washington, DC 20520
For more information about Presidential permits for facilities at the U.S.-Mexico border, please contact the Office of Mexican Affairs at the address below, or by phone at (202) 647-8529
Coordinator for U.S.-Mexico Border Affairs
WHA/MEX, Room 4258
Department of State
2201 C Street NW
Washington, DC 20520
WHA-BorderAffairs@state.gov