[Federal Register Volume 69, Number 87 (Wednesday, May 5, 2004)]
[Presidential Documents]
[Pages 25299-25301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10378]


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  Federal Register / Vol. 69, No. 87 / Wednesday, May 5, 2004 / 
Presidential Documents  

[[Page 25299]]


                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

                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 production 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 importation 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 appropriate, 
before referring the application to other agencies pursuant 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 Secretary 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 Agency, or the heads of the departments or 
agencies in which the relevant authorities or responsibilities of the 
foregoing are subsequently 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

[[Page 25300]]

                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 paragraphs (b) and (e) of this 
                section, the Secretary of State shall consider, in 
                light of any statutory or other requirements or other 
                considerations, whether 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 International 
                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, 
                operation, 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 required;

(v)

 similar facilities above or below ground; and

[[Page 25301]]

(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 (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 
                Commission, 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.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                    April 30, 2004.

[FR Doc. 04-10378
Filed 5-4-04; 8:45 am]
Billing code 3195-01-P