Executive Order No. 13337. Issuance of Permits With Respect to Certain Energy-Related Facilities and Land Transportation Crossings on the International Boundaries of the United States

• Citation: 69 FR 25299
• Executive Order No.: 13337
• Published date: 05 May 2004
• Date: 30 April 2004
• Section: Presidential Documents
• Issuer: Executive Office of the President

Federal Register / Vol. 69, No. 87 / Wednesday, May 5, 2004 / Presidential Documents 
25299
Presidential Documents
Executive Order 13337 of April 30, 2004
Issuance of Permits With Respect to Certain Energy-Related 
Facilities and Land Transportation Crossings on the Inter-
national Boundaries of the United States 
By the authority vested in me as President by the Constitution and the 
laws of the United States of America, including section 301 of title 3, 
United States Code, and in order to amend Executive Order 11423 of August 
16, 1968, as amended, and to further the policy of my Administration 
as stated in Executive Order 13212 of May 18, 2001, as amended, to expedite 
reviews of permits as necessary to accelerate the completion of energy pro-
duction and transmission projects, and to provide a systematic method for 
evaluating and permitting the construction and maintenance of certain border 
crossings for land transportation, including motor and rail vehicles, that 
do not require construction or maintenance of facilities connecting the United 
States with a foreign country, while maintaining safety, public health, and 
environmental protections, it is hereby ordered as follows: 
Section 1. (a) Except with respect to facilities covered by Executive Order 
10485 of September 3, 1953, and Executive Order 10530 of May 10, 1954, 
the Secretary of State is hereby designated and empowered to receive all 
applications for Presidential permits, as referred to in Executive Order 11423, 
as amended, for the construction, connection, operation, or maintenance, 
at the borders of the United States, of facilities for the exportation or importa-
tion of petroleum, petroleum products, coal, or other fuels to or from a 
foreign country. 
(b) Upon receipt of a completed application pursuant to paragraph (a) 
of this section, the Secretary of State shall: 
(i)  Request additional information needed from the applicant, as ap-
propriate, before referring the application to other agencies pursu-
ant to paragraph (b)(ii) of this section; 
(ii)  Refer the application and pertinent information to, and request the 
views of, the Secretary of Defense, the Attorney General, the Sec-
retary of the Interior, the Secretary of Commerce, the Secretary of 
Transportation, the Secretary of Energy, the Secretary of Homeland 
Security, the Administrator of the Environmental Protection Agen-
cy, or the heads of the departments or agencies in which the rel-
evant authorities or responsibilities of the foregoing are subse-
quently conferred or transferred, and, for applications concerning 
the border with Mexico, the United States Commissioner of the 
International Boundary and Water Commission; and 
(iii)  Refer the application and pertinent information to, and request the 
views of, such other Federal Government department and agency 
heads as the Secretary of State deems appropriate.
(c) All Federal Government officials consulted by the Secretary of State 
pursuant to paragraph (b)(ii) or (b)(iii) of this section shall provide their 
views and render such assistance as may be requested, consistent with 
their authority, in a timely manner, but not to exceed 90 days from the 
date of the request. 
(d) Should any of the Federal Government officials consulted pursuant 
to paragraph (b)(ii) or (b)(iii) of this section request from the Department 
of State additional information that is necessary for them to provide their 
views or to render such assistance as may be required, the time elapsed 
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between the date of that request for additional information and the date 
such additional information is received shall not be counted in calculating 
the time period prescribed in paragraph (c) of this section. 
(e) The Secretary of State may also consult with such State, tribal, and 
local government officials and foreign governments, as the Secretary deems 
appropriate, with respect to each application. The Secretary shall solicit 
responses in a timely manner, not to exceed 90 days from the date of 
the request. 
(f) Upon receiving the views and assistance requested pursuant to para-
graphs (b) and (e) of this section, the Secretary of State shall consider, 
in light of any statutory or other requirements or other considerations, wheth-
er or not additional information is needed in order to evaluate the application 
and, as appropriate, request such information from the applicant. 
(g) After consideration of the views and assistance obtained pursuant 
to paragraphs (b) and, as appropriate, (e) and (f) of this section and any 
public comments submitted pursuant to section 3(a) of this order, if the 
Secretary of State finds that issuance of a permit to the applicant would 
serve the national interest, the Secretary shall prepare a permit, in such 
form and with such terms and conditions as the national interest may 
in the Secretary’s judgment require, and shall notify the officials required 
to be consulted under paragraph (b)(ii) of this section of the proposed 
determination that a permit be issued. 
(h) After consideration of the views obtained pursuant to paragraphs (b) 
and, as appropriate, (e) and (f) of this section and any public comments 
provided pursuant to section 3(a) of this order, if the Secretary of State 
finds that issuance of a permit to the applicant would not serve the national 
interest, the Secretary shall notify the officials required to be consulted 
under paragraph (b)(ii) of this section of the proposed determination that 
the application be denied. 
(i) The Secretary of State shall issue or deny the permit in accordance 
with the proposed determination unless, within 15 days after notification 
pursuant to paragraphs (g) or (h) of this section, an official required to 
be consulted under paragraph (b)(ii) of this section shall notify the Secretary 
of State that he or she disagrees with the Secretary’s proposed determination 
and requests the Secretary to refer the application to the President. In 
the event of such a request, the Secretary of State shall consult with any 
such requesting official and, if necessary, shall refer the application, together 
with statements of the views of any official involved, to the President 
for consideration and a final decision. 
Sec. 2. (a) Section 1(a) of Executive Order 11423, as amended, is amended 
to read as follows: ‘‘Except with respect to facilities covered by Executive 
Order Nos. 10485 and 10530, and by section 1(a) of the Executive Order 
of April 30, 2004, entitled ‘‘Issuance of Permits with Respect to Certain 
Energy-Related Facilities and Land Transportation Crossings on the Inter-
national Boundaries of the United States’’ (the order of April 30, 2004), 
the Secretary of State is hereby designated and empowered to receive all 
applications for Presidential permits for the construction, connection, oper-
ation, or maintenance, at the borders of the United States, of: 
(i)  pipelines, conveyor belts, and similar facilities for the exportation 
or importation of all products, except those specified in section 
1(a) of the order of April 30, 2004, to or from a foreign country; 
(ii)  facilities for the exportation or importation of water or sewage to 
or from a foreign country; 
(iii)  facilities for the transportation of persons or things, or both, to or 
from a foreign country; 
(iv)  bridges, to the extent that congressional authorization is not re-
quired; 
(v)  similar facilities above or below ground; and 
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Federal Register / Vol. 69, No. 87 / Wednesday, May 5, 2004 / Presidential Documents 
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(vi)  border crossings for land transportation, including motor and rail 
vehicles, to or from a foreign country, whether or not in conjunc-
tion with the facilities identified in (iii) above.
(b) Section 1(b) of Executive Order 11423, as amended, is amended by 
deleting the text ‘‘(a)(iii), (iv), or (v)’’ and by inserting the text ‘‘(a)(iii), 
(iv), (v), or (vi)’’ in lieu thereof. 
Sec. 3. (a) The Secretary of State may provide for the publication in the 
Federal Register of notice of receipt of applications, for the receipt of public 
comments on applications, and for notices related to the issuance or denial 
of applications. 
(b) The Secretary of State is authorized to issue such further rules and 
regulations, and to prescribe such further procedures, including, but not 
limited to, those relating to the International Boundary and Water Commis-
sion, as may from time to time be deemed necessary or desirable for the 
exercise of the authority conferred by this order. 
Sec. 4. All permits heretofore issued with respect to facilities described 
in section 2(a) of this order pursuant to Executive Order 11423, as amended, 
and in force at the time of issuance of this order, and all permits issued 
hereunder, shall remain in effect in accordance with their terms unless 
and until modified, amended, suspended, or revoked by the appropriate 
authority. 
Sec. 5. Nothing contained in this order shall be construed to affect the 
authority of any department or agency of the United States Government, 
or to supersede or replace the requirements established under any other 
provision of law, or to relieve a person from any requirement to obtain 
authorization from any other department or agency of the United States 
Government in compliance with applicable laws and regulations subject 
to the jurisdiction of that department or agency. 
Sec. 6. This order is not intended to, and does not, create any right, benefit, 
or trust responsibility, substantive or procedural, enforceable at law or in 
equity by any party against the United States, its departments, agencies, 
instrumentalities, or entities, its officers or employees, or any other person.
W
THE WHITE HOUSE, 
April 30, 2004. 
[FR Doc. 04–10378
Filed 5–4–04; 8:45 am] 
Billing code 3195–01–P 
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