[Weekly Compilation of Presidential Documents Volume 40, Number 19 (Monday, May 10, 2004)]
[Pages 723-725]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13337--Issuance of Permits With Respect to Certain 
Energy-Related Facilities and Land Transportation Crossings on the 
International Boundaries of the United States

April 30, 2004

    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 between

[[Page 724]]

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
(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.

[[Page 725]]

    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.
                                                George W. Bush
 The White House,
 April 30, 2004.

 [Filed with the Office of the Federal Register, 8:45 a.m., May 4, 2004]

Note: This Executive order was published in the Federal Register on May 
5. This item was not received in time for publication in the appropriate 
issue.