[Federal Register Volume 84, Number 64 (Wednesday, April 3, 2019)]
[Presidential Documents]
[Pages 13101-13103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06654]
[[Page 13099]]
Vol. 84
Wednesday,
No. 64
April 3, 2019
Part II
The President
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Permit of March 29, 2019--Authorizing TransCanada Keystone Pipeline,
L.P., To Construct, Connect, Operate, and Maintain Pipeline Facilities
at the International Boundary Between the United States and Canada
Presidential Documents
Federal Register / Vol. 84 , No. 64 / Wednesday, April 3, 2019 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 13101]]
Presidential Permit of March 29, 2019
Authorizing TransCanada Keystone Pipeline, L.P.,
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 President of
the United States of America, I hereby grant
permission, subject to the conditions herein set forth,
to TransCanada Keystone Pipeline, L.P. (hereinafter
referred to as the ``permittee''), to construct,
connect, operate, and maintain pipeline facilities at
the international border of the United States and
Canada at Phillips County, Montana, for the import of
oil from Canada to the United States. The permittee is
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.
This permit supersedes the Presidential permit issued
to the permittee, dated March 23, 2017. For the
avoidance of doubt, I hereby revoke that March 23,
2017, permit. Furthermore, this permit grants the
permission described in the previous paragraph and
revokes the March 23, 2017, permit notwithstanding
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 the
Presidential Memorandum of January 24, 2017
(Presidential Memorandum Regarding Construction of the
Keystone XL Pipeline).
The term ``Facilities,'' as used in this permit, means
the portion in the United States of the international
pipeline project associated with the permittee's
application for a Presidential permit filed on May 4,
2012, and resubmitted on January 26, 2017, and any
land, structures, installations, or equipment
appurtenant thereto.
The term ``Border facilities,'' as used in this permit,
means those parts of the Facilities consisting of a 36-
inch diameter pipeline extending from the international
border between the United States and Canada at a point
in Phillips County, Montana, to and including the first
mainline shut-off valve in the United States located
approximately 1.2 miles from the international border,
and any land, structures, installations, or equipment
appurtenant thereto.
This permit is subject to the following conditions:
Article 1. (1) The Border facilities herein described,
and all aspects of their operation, shall be subject to
all the conditions, provisions, and requirements of
this permit and any subsequent Presidential amendment
to it. This permit may be terminated, revoked, or
amended at any time at the sole discretion of the
President of the United States (the ``President''),
with or without advice provided by any executive
department or agency (agency). The permittee shall make
no substantial change in the Border facilities, in the
location of the Border facilities, or in the operation
authorized by this permit until the permittee has
notified the President or his designee of such change
and the President has approved the change.
(2) The construction, connection, operation, and
maintenance of the Facilities (not including the route)
shall be, in all material respects and as consistent
with applicable law, as described in the permittee's
application for
[[Page 13102]]
a Presidential permit filed on May 4, 2012, and
resubmitted on January 26, 2017.
Article 2. The standards for, and the manner of,
construction, connection, operation, and maintenance of
the Border facilities shall be subject to inspection by
the representatives of appropriate Federal, State, and
local agencies. Officers and employees of such agencies
who are duly authorized and performing their official
duties shall be granted free and unrestricted access to
the Border facilities by the permittee. Consistent with
Article 10, this permit shall remain in effect until
terminated, revoked, or amended by the President.
Article 3. Upon the termination, revocation, or
surrender of this permit, unless otherwise decided by
the President, the permittee, at its own expense, shall
remove the Border facilities within such time as the
President may specify. If the permittee fails to comply
with an order to remove, or to take such other
appropriate action with respect to, the Border
facilities, the President may direct that possession of
such Border facilities be taken--or that they be
removed or that other action be taken--at the expense
of the permittee. The permittee shall have no claim for
damages caused by any such possession, removal, or
other action.
Article 4. When, in the judgment of the President,
ensuring the national security of the United States
requires entering upon and taking possession of any of
the Border facilities or parts thereof, and retaining
possession, management, or control thereof for such a
length of time as the President may deem necessary, the
United States shall have the right to do so, provided
that the President or his designee has given due notice
to the permittee. The United States shall also have the
right thereafter to restore possession and control to
the permittee. In the event that the United States
shall exercise the rights described in this article, it
shall pay to the permittee just and fair compensation
for the use of such Border facilities, upon the basis
of a reasonable profit in normal conditions, and shall
bear the cost of restoring Border facilities to their
previous condition, less the reasonable value of any
improvements that may have been made by the United
States.
Article 5. Any transfer of ownership or control of the
Border facilities, or any part thereof, shall be
immediately communicated in writing to the President or
his designee, and shall include information identifying
the transferee. Notwithstanding any transfer of
ownership or control of the Border facilities, or any
part thereof, this permit shall remain in force subject
to all of its conditions, permissions, and
requirements, and any amendments thereto, unless
subsequently terminated, revoked, or amended by the
President.
Article 6. (1) The permittee is responsible for
acquiring any right-of-way grants or easements,
permits, and other authorizations as may become
necessary or 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
environmental contamination from the release,
threatened release, or discharge of hazardous
substances or hazardous waste.
(3) To ensure the safe operation of the Border
facilities, the permittee shall maintain them and every
part of them in a condition of good repair and in
compliance with applicable law.
Article 7. The permittee shall file with the President
or his designee, and with appropriate agencies, such
sworn statements or reports with respect to the Border
facilities, or the permittee's activities and
operations in connection therewith, as are now, or may
hereafter, be required under any law or regulation of
the United States Government or its agencies. These
reporting obligations do not alter the intent that this
permit be operative as a directive issued by the
President alone.
[[Page 13103]]
Article 8. Upon request, the permittee shall provide
appropriate information to the President or his
designee with regard to the Border 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 Border facilities.
Article 9. The permittee shall provide written notice
to the President or his designee at the time that the
construction authorized by this permit begins, at such
time as such construction is completed, interrupted, or
discontinued, and at other times as may be requested by
the President.
Article 10. This permit shall expire 5 years from the
date of its issuance if the permittee has not commenced
construction of the Border facilities by that date.
Article 11. This permit 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.
IN WITNESS WHEREOF, I, DONALD J. TRUMP, President of
the United States of America, have hereunto set my hand
this twenty-ninth day of March, 2019, in the City of
Washington, District of Columbia.
(Presidential Sig.)
[FR Doc. 2019-06654
Filed 4-2-19; 11:15 am]
Billing code 3295-F9-P