[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
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  Federal Register / Vol. 84 , No. 64 / Wednesday, April 3, 2019 / 
Presidential Documents  

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 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