Realty Division

Once an application is submitted, and after a preliminary review, an acknowledgement email shall be received from an agent of the USIWBC Realty Office accepting or denying the initial submittal. An agency review board will then begin reviewing your application and inform you of any feedback during the review. Reviews may take several months before the review process is concluded.

During this review, corrections and comments may be provided to the applicant that may require additional submissions.

Some examples of common events are: 

• Recreational events
• Events with large groups (more than 10 persons)
• All Construction
• Any structures
• All utility lines (across, over, and under)
• All energy lines (across, over, and under)
• Commercial filming and photography
• Private events
• Right of entry
• Storage of materials
• Or other uses of property that the USIWBC may deem necessary to review.

The USIBWC will determine if the proposed event(s) are within the best interests of the public and do not interrupt past, current, or future operations of the USIBWC. 

Currently, the USIBWC has no charge associated with reviews or document issuance. However, the USIBWC does retain the right to request payment for reviews that may require additional resources to complete at the applicants expense. 

No. The Realty Office will not research title records, land surveys, or property information. (Please see FOIA requests)

Once you have collected all the necessary materials and a complete application is ready, you should apply months in advance from your proposed project date. The USIBWC may deny or prolong your application if the application or request is submitted weeks or days before the proposed event. Please contact your area Realty Specialist as early as possible to avoid any prolonged reviews or denied applications.

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 [before now] 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 [United States] 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.

Yes. You will need to submit an application with the appropriate attachments, excluding all resource statements unless the previously issued instrument is expired or terminated, in this case, you will need to include all applicable resource statements.

You may notify the appropriate area Realty Specialist or; email your concerns to realty@ibwc.gov. Your personal information will not be shared with external parties. If this is an emergency that requires medical, fire, or law enforcement please dial 911 and advise this channel at a later date.

Internally, applications are disseminated to subject matter expert reviewers which may include the following:

• Environmental
• Engineering Construction
• Engineering Design
• Real Estate/Property
• Operation and Maintenance
• Survey (if applicable)
• Security (if applicable)
• Information Management (if applicable)
• External agencies as necessary which may include entities listed in the resource statement requirements. (if applicable)

Yes, you will need to apply for a presidential permit if entering or exiting into either country. You may also need to connect with other federal entities depending on your project needs. It would be best to contact your area USIBWC Realty Specialist and identify your project needs so that we may better assist you. For any fiberoptic crossings, the USIBWC will require correspondence from the presidential permit channel identifying that your project is excluded from this process. Typically, fiberoptic under certain conditions is excluded from presidential permits however, we will need correspondence confirming your project specifically meets that criteria.

Research of the encroachment has been conducted and you have been identified as the constructor/operator/maintainer of the encroaching issue. This may be in part because the USIBWC has identified this area as a project area where future infrastructure is planned. If you feel this has been identified in error please contact our office and we can either clear or provide additional material.

• State Historical Preservation Office (SHPO) – To determine cultural resources in the area
• United States Fish and Wildlife Services (USFWS) - to determine the impact of the project on threatened and endangered species, both animal and plant life.
• United States Army Corps of Engineers (USACE), to determine the effects of the proposed project on the waters of the U.S. (Wetlands, streams, and rivers) in the area.
• National Oceanic and Atmospheric Administration (NOAA)’s National Marine Fisheries Service (NMFS) for projects on coastal areas.
• Appropriate regulatory agency for petroleum/gas pipelines (ie, Bureau of Energy Resources, Federal Energy Regulatory Commission)

For Texas Projects:

• Texas Parks & Wildlife (TPWD) - for state wildlife issues.
• Texas Commission on Environmental Quality (TCEQ) - for all projects along the Rio Grande in Texas relating to environmental issues and for concurrence on topics such as construction stormwater permits, National Pollutant Discharge Elimination System (NPDES) discharges into waterways.

For New Mexico Projects:

• New Mexico Department of Game and Fish (NMDGF) - for all projects along the Rio Grande in New Mexico ensuring no wildlife issues are exist in area.
• New Mexico Environmental Department - for concurrence on topics such as construction stormwater permits, National Pollutant Discharge Elimination System (NPDES) discharges into waterways, and state wildlife issues.