[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 IV





The President





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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
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                         Presidential Documents 
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  Federal Register / Vol. 84 , No. 72 / Monday, April 15, 2019 / 
Presidential Documents  

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 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