Issuance of Permits With Respect to Facilities and Land Transportation Crossings at the International Boundaries of the United States

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

(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.

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.