[Federal Register Volume 82, Number 63 (Tuesday, April 4, 2017)]
[Notices]
[Pages 16467-16469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06646]


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DEPARTMENT OF STATE

[Public Notice 9941]


Notice of Issuance of a Presidential Permit to TransCanada 
Keystone Pipeline, L.P.

AGENCY: Department of State.

ACTION: Notice.

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SUMMARY: The Under Secretary of State for Political Affairs issued a 
Presidential permit to TransCanada Keystone Pipeline, L.P. 
(``Keystone'') on March 23, 2017, authorizing Keystone to construct, 
connect, operate, and maintain pipeline facilities at the U.S.-Canada 
border in Phillips County, Montana for the importation of crude oil. In 
accordance with Executive Order 13337 (April 30, 2004) and the January 
24, 2017 Presidential Memorandum Regarding Construction of the Keystone 
XL Pipeline, the Under Secretary determined that issuance of this 
permit would serve the national interest.

FOR FURTHER INFORMATION CONTACT: Director, Energy Resources Bureau, 
Energy Governance and Access, Policy Analysis and Public Diplomacy 
(ENR/EGA/PAPD), U.S. Department of State, 2201 C St. NW., Suite 4422, 
Washington, DC 20520.

SUPPLEMENTARY INFORMATION: Additional information concerning the 
Keystone pipeline facilities and documents related to the Department of 
State's review of the application for a Presidential permit can be 
found at https://keystonepipeline-xl.state.gov/. Following is the text 
of the permit, as issued:

Presidential Permit

Authorizing TransCanada Keystone Pipeline, L.P. (``Keystone'') To 
Construct, Connect, Operate and Maintain Pipeline Facilities at the 
International Boundary Between the United States and Canada

    By virtue of the authority vested in me as Under Secretary of State 
for Political Affairs, including those authorities under Executive 
Order 13337, 69 FR 25299 (2004), the January 24, 2017 Presidential 
Memorandum Regarding Construction of the Keystone XL Pipeline, and 
Department of State Delegation of Authority 118-2 of January 26, 2006; 
having considered the environmental effects of the proposed action 
consistent with the National Environmental Policy Act of 1969 (83 Stat. 
852; 42 U.S.C. 4321 et seq.), Section 7 of the Endangered Species Act 
of 1973 (16 U.S.C. 1536), and other statutes relating to environmental 
concerns; having considered the proposed action consistent with the 
National Historic Preservation Act of 1966 (80 Stat. 917, 16 U.S.C. 
470f et seq.); and having requested and received the views of members 
of the public, various federal and state agencies, and various Indian 
tribes; I hereby grant permission, subject to the conditions herein set 
forth, to TransCanada Keystone Pipeline, L.P. (hereinafter referred to 
as the ``permittee''), a limited partnership organized under the laws 
of the state of Delaware, owned by affiliates of TransCanada 
Corporation, a Canadian public company organized under the laws of 
Canada, to construct, connect, operate, and maintain pipeline 
facilities at the international border of the United States and Canada 
at Morgan, Montana, for the import of crude oil from Canada to the 
United States.
    The term ``facilities'' as used in this permit means the relevant 
portion of the pipeline and any land, structures, installations or 
equipment appurtenant thereto.
    The term ``United States facilities'' as used in this permit means 
those parts of the facilities located in the United States. The United 
States facilities consist of a 36-inch diameter pipeline extending from 
the international border between the United States and Canada at a 
point near Morgan in Phillips Country, Montana, to the first mainline 
shut-off valve in the United States located approximately 1.2 miles 
from the international border. The United States facilities also 
include certain appurtenant facilities.
    This permit is subject to the following conditions:
    Article 1. (1) The United States facilities herein described, and 
all aspects of their operation, shall be subject to all the conditions, 
provisions, and requirements of this permit and any amendment thereof. 
This permit may be terminated or amended at any time at the discretion 
of the Secretary of State or the Secretary's delegate or upon proper 
application therefor. The permittee shall make no substantial change in 
the United States facilities, the location of the United States 
facilities, or in the operation authorized by this permit until such 
changes have

[[Page 16468]]

been approved by the Secretary of State or the Secretary's delegate.
    (2) The construction, operation, and maintenance of the United 
States facilities shall be in all material respects as described in the 
permittee's application for a Presidential permit under Executive Order 
13337, filed on May 4, 2012 and resubmitted on January 26, 2017, the 
Final Supplemental Environmental Impact Statement (SEIS) dated January 
31, 2014 including all Appendices as supplemented, and any 
construction, mitigation, and reclamation measures included in the 
Construction, Mitigation, and Reclamation Plan (CMRP), Emergency 
Response Plan (ERP), Oil Spill Response Plan (SRP), and other 
mitigation and control plans that are already approved or that are 
approved in the future by the Department of State or other relevant 
federal agencies. In the event of any discrepancy among these 
documents, construction, connection, operation and maintenance of the 
United States facilities shall be in all material respects as described 
in the most recent approved document unless otherwise determined by the 
Department of State.
    Article 2. The standards for, and the manner of, construction, 
connection, operation, and maintenance of the United States facilities 
shall be subject to inspection and approval by the representatives of 
appropriate federal, state and local agencies. The permittee shall 
allow duly authorized officers and employees of such agencies free and 
unrestricted access to said facilities in the performance of their 
official duties.
    Article 3. The permittee shall comply with all applicable federal, 
state, local, and tribal laws and regulations regarding the 
construction, connection, operation, and maintenance of the United 
States facilities and with all applicable industrial codes. The 
permittee shall obtain requisite permits from relevant state and local 
governmental entities, and relevant federal agencies.
    Article 4. All construction, connection, operation, and maintenance 
of the United States facilities under this permit shall be subject to 
the limitations, terms, and conditions issued by any competent agency 
of the U.S. Government. The permittee shall continue the operations 
hereby authorized and conduct maintenance in accordance with such 
limitations, terms, and conditions. Such limitations, terms, and 
conditions could address, for example, environmental protection and 
mitigation measures, safety requirements, export or import and customs 
regulations, measurement capabilities and procedures, requirements 
pertaining to the pipeline's capacity, and other pipeline regulations. 
This permit shall continue in force and effect only so long as the 
permittee shall continue the operations hereby authorized in accordance 
with such limitations, terms, and conditions.
    Article 5. Upon the termination, revocation, or surrender of this 
permit, and unless otherwise agreed by the Secretary of State or the 
Secretary's delegate, the United States facilities in the immediate 
vicinity of the international boundary shall be removed by and at the 
expense of the permittee within such time as the Secretary of State or 
the Secretary's delegate may specify, and upon failure of the permittee 
to remove, or to take such other appropriate action with respect to, 
this portion of the United States facilities as ordered, the Secretary 
of State or the Secretary's delegate may direct that possession of such 
facilities be taken and that they be removed or other action taken, at 
the expense of the permittee; and the permittee shall have no claim for 
damages by reason of such possession, removal, or other action.
    Article 6. When, in the opinion of the President of the United 
States, the national security of the United States demands it, due 
notice being given by the Secretary of State or the Secretary's 
delegate, the United States shall have the right to enter upon and take 
possession of any of the United States facilities or parts thereof; to 
retain possession, management, or control thereof for such length of 
time as may appear to the President to be necessary; and thereafter to 
restore possession and control to the permittee. In the event that the 
United States shall exercise such right, it shall pay to the permittee 
just and fair compensation for the use of such United States facilities 
upon the basis of a reasonable profit in normal conditions, and the 
cost of restoring said facilities to as good condition as existed at 
the time of entering and taking over the same, less the reasonable 
value of any improvements that may have been made by the United States.
    Article 7. Any transfer of ownership or control of the United 
States facilities or any part thereof shall be immediately notified in 
writing to the Department of State, including the submission of 
information identifying the transferee. This permit shall remain in 
force subject to all the conditions, permissions and requirements of 
this permit and any amendments thereto unless subsequently terminated 
or amended by the Secretary of State or the Secretary's delegate.
    Article 8. (1) The permittee is responsible for acquiring any 
right-of-way grants or easements, permits, and other authorizations as 
may become necessary and appropriate.
    (2) The permittee shall hold harmless and indemnify the United 
States from any claimed or adjudged liability arising out of 
construction, connection, operation, or maintenance of the facilities, 
including but not limited to environmental contamination from the 
release or threatened release or discharge of hazardous substances and 
hazardous waste.
    (3) The permittee shall maintain the United States facilities and 
every part thereof in a condition of good repair for their safe 
operation, and in compliance with prevailing environmental standards 
and regulations.
    Article 9. The permittee shall take all necessary measures to 
prevent or mitigate adverse impacts on or disruption of the human 
environment in connection with the construction, connection, operation, 
and maintenance of the United States facilities. Such measures will 
include the actions and obligations agreed to by permittee in the CMRP 
and other mitigation, control plans, and special conditions found in 
the Final SEIS, including all Appendices as supplemented, all of which 
are appended to and made part of this permit, or that are approved in 
the future by the Department or other relevant federal or state 
agencies, and any other measures deemed prudent by the permittee.
    Article 10. The permittee shall file with the appropriate agencies 
of the United States Government such statements or reports under oath 
with respect to the United States facilities, and/or permittee's 
activities and operations in connection therewith, as are now, or may 
hereafter, be required under any laws or regulations of the United 
States Government or its agencies. The permittee shall file electronic 
Export Information where required.
    Article 11. The permittee shall provide information upon request to 
the Department of State with regard to the United States facilities. 
Such requests could include, for example, information concerning 
current conditions or anticipated changes in ownership or control, 
construction, connection, operation, or maintenance of the U.S. 
facilities.
    Article 12. The permittee shall provide written notice to the 
Department of State at such time as the construction authorized by this 
permit is begun, at such time as construction is completed, 
interrupted, or discontinued, and at other times as may

[[Page 16469]]

be designated by the Department of State.
    Article 13. This permit shall expire five years from the date of 
issuance in the event that the permittee has not commenced construction 
of the United States facilities by that deadline.
    In witness whereof, I, Under Secretary of State for Political 
Affairs, have hereunto set my hand this 23rd day of March 2017 in the 
City of Washington, District of Columbia.
Thomas A. Shannon, Jr.

Under Secretary of State for Political Affairs.

    End of permit text.

    Dated: March 23, 2017.
Richard W. Westerdale II,
Director, Energy Resources Bureau, Energy Governance and Access, Policy 
Analysis and Public Diplomacy.
[FR Doc. 2017-06646 Filed 4-3-17; 8:45 am]
BILLING CODE 4710-AE-P