Issuance of Permits With Respect to Facilities and Land Transportation Crossings at the International Boundaries of the United States

Published date15 April 2019
Citation84 FR 15491
Record Number2019-07645
SectionPresidential Documents
CourtExecutive Office Of The President
Federal Register, Volume 84 Issue 72 (Monday, April 15, 2019)
[Federal Register Volume 84, Number 72 (Monday, April 15, 2019)]
                [Presidential Documents]
                [Pages 15491-15493]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-07645]
                [[Page 15489]]
                Vol. 84
                Monday,
                No. 72
                April 15, 2019
                Part IVThe President-----------------------------------------------------------------------
                Executive Order 13867--Issuance of Permits With Respect to Facilities
                and Land Transportation Crossings at the International Boundaries of
                the United States
                Executive Order 13868--Promoting Energy Infrastructure and Economic
                Growth
                 Presidential Documents
                Federal Register / Vol. 84 , No. 72 / Monday, April 15, 2019 /
                Presidential Documents
                ___________________________________________________________________
                Title 3--
                The President
                [[Page 15491]]
                 Executive Order 13867 of April 10, 2019
                
                Issuance of Permits With Respect to Facilities
                 and Land Transportation Crossings at the International
                 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 Article II of the Constitution,
                 which gives the President authority over foreign
                 affairs and the authority to seek the opinions of
                 principal officers, it is hereby ordered as follows:
                 Section 1. Purpose. Presidents have long exercised
                 authority to permit or deny the construction,
                 connection, operation, or maintenance of infrastructure
                 projects at an international border of the United
                 States (cross-border infrastructure). Over the course
                 of several decades, executive actions, Federal
                 regulations, and policies of executive departments and
                 agencies (agencies) related to the process of reviewing
                 applications for Presidential permits, and issuing or
                 denying such permits, have unnecessarily complicated
                 the Presidential permitting process, thereby hindering
                 the economic development of the United States and
                 undermining the efforts of the United States to foster
                 goodwill and mutually productive economic exchanges
                 with its neighboring countries. To promote cross-border
                 infrastructure and facilitate the expeditious delivery
                 of advice to the President regarding Presidential
                 permitting decisions, this order revises the process
                 for the development and issuance of Presidential
                 permits covering the construction, connection,
                 operation, and maintenance of certain facilities and
                 land transportation crossings at the international
                 boundaries of the United States.
                 Sec. 2. Cross-Border Infrastructure Presidential Permit
                 Application Procedures. (a) The Secretary of State
                 shall adopt procedures to ensure that all actions set
                 forth in subsections (b) through (h) of this section
                 can be completed within 60 days of the receipt of an
                 application for a Presidential permit for the types of
                 cross-border infrastructure identified in subsection
                 (b) of this section.
                 (b) Except with respect to facilities covered by
                 Executive Order 10485 of September 3, 1953 (Providing
                 for the Performance of Certain Functions Heretofore
                 Performed by the President With Respect to Electric
                 Power and Natural Gas Facilities Located on the Borders
                 of the United States), as amended, and section 5(a) of
                 Executive Order 10530 of May 10, 1954 (Providing for
                 the Performance of Certain Functions Vested in or
                 Subject to the Approval of the President), the
                 Secretary of State is hereby designated to receive all
                 applications for the issuance or amendment of
                 Presidential permits for the construction, connection,
                 operation, or maintenance, at the international
                 boundaries of the United States, of:
                (i) pipelines, conveyor belts, and similar facilities for exportation or
                importation of all products 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
                required;
                (v) similar facilities above or below ground; and
                [[Page 15492]]
                (vi) border crossings for land transportation, including motor and rail
                vehicles, to or from a foreign country, whether or not in conjunction with
                the facilities identified in subsection (b)(iii) of this section.
                 (c) Upon receipt of an application pursuant to
                 subsection (b) of this section, the Secretary of State
                 may:
                (i) request additional information from the applicant that the President
                may deem necessary; and
                (ii) refer the application and pertinent information to heads of agencies
                specified by the President.
                 (d) The Secretary of State shall, as soon as
                 practicable after receiving an application pursuant to
                 subsection (b) of this section, advise the President as
                 to whether the President should request the opinion, in
                 writing, of any heads of agencies concerning the
                 application and any related matter. Any agency heads
                 whose opinion the President requests shall provide
                 views and render such assistance as may be requested,
                 consistent with their legal authority, in a timely
                 manner, not to exceed 30 days from the date of a
                 request, unless the President otherwise specifies.
                 (e) With respect to each application, the Secretary
                 of State may solicit such advice from State, tribal,
                 and local government officials, and foreign
                 governments, as the President may deem necessary. The
                 Secretary shall seek responses within no more than 30
                 days from the date of a request.
                 (f) Upon receiving the views and assistance
                 described in subsections (c), (d), and (e) of this
                 section, the Secretary of State shall consider whether
                 additional information may be necessary in order for
                 the President to evaluate the application, and the
                 Secretary shall advise the President accordingly. At
                 the direction of the President, the Secretary shall
                 request any such additional information.
                 (g) If, at the conclusion of the actions set forth
                 in subsections (b) through (f) of this section, the
                 Secretary of State is of the opinion that the issuance
                 of a Presidential permit to the applicant, or the
                 amendment of an existing Presidential permit, would not
                 serve the foreign policy interests of the United
                 States, the Secretary shall so advise the President,
                 and provide the President with the reasons supporting
                 that opinion, in writing.
                 (h) If, at the conclusion of the actions set forth
                 in subsections (b) through (f) of this section, the
                 Secretary of State is of the opinion that the issuance
                 of a Presidential permit to the applicant, or the
                 amendment of an existing Presidential permit, would
                 serve the foreign policy interests of the United
                 States, the Secretary shall so advise the President,
                 and provide the President with the reasons supporting
                 that opinion, in writing.
                 (i) Any decision to issue, deny, or amend a permit
                 under this section shall be made solely by the
                 President.
                 (j) The Secretary of State shall, consistent with
                 applicable law, review the Department of State's
                 regulations and make any appropriate changes to them to
                 ensure consistency with this order by no later than May
                 29, 2020.
                 (k) Executive Order 13337 of April 30, 2004
                 (Issuance of Permits With Respect to Certain Energy-
                 Related Facilities and Land Transportation Crossings on
                 the International Boundaries of the United States), and
                 Executive Order 11423 of August 16, 1968 (Providing for
                 the Performance of Certain Functions Heretofore
                 Performed by the President With Respect to Certain
                 Facilities Constructed and Maintained on the Borders of
                 the United States), as amended, are hereby revoked.
                 Sec. 3. Existing Permits. All permits heretofore issued
                 pursuant to the orders enumerated in section 2(k) of
                 this order, and in force at the date of this order,
                 shall remain in full effect in accordance with their
                 terms unless and until modified, amended, suspended, or
                 revoked by the appropriate authority.
                [[Page 15493]]
                 Sec. 4. General Provisions. (a) Nothing in this order
                 shall be construed to impair or otherwise affect:
                (i) the authority granted by law to an executive department or agency, or
                the head thereof; or
                (ii) the functions of the Director of the Office of Management and Budget
                relating to budgetary, administrative, or legislative proposals.
                 (b) This order shall be implemented consistent with
                 applicable law and subject to the availability of
                 appropriations.
                 (c) This order is not intended to, and does not,
                 create any right or benefit, substantive or procedural,
                 enforceable at law or in equity by any party against
                 the United States, its departments, agencies, or
                 entities, its officers, employees, or agents, or any
                 other person.
                
                
                 (Presidential Sig.)
                 THE WHITE HOUSE,
                 April 10, 2019.
                [FR Doc. 2019-07645
                 4-12-19; 11:15 am]
                Billing code 3295-F9-P
                

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT