ExecutiveOrdersEO
Other 13337OtherTrump 45 · R

Other 13337

Authorizing TransCanada Keystone Pipeline, L.P., To Construct, Connect, Operate, and Maintain Pipeline Facilities at the International Boundary Between the United States and Canada

This March 29, 2019 Presidential Permit authorizes TransCanada Keystone Pipeline, L.P. to construct, connect, operate, and maintain pipeline facilities at the U.S.-Canada border in Phillips County, Montana for importing oil from Canada. It supersedes and revokes the prior March 23, 2017 permit issued to the same company, and includes conditions for construction, inspection, national security takings, and automatic expiration if construction has not begun within 5 years.

Federal Register Open PDF 84 FR 13101

Impact dates

  1. Permit expires if construction of Border facilities has not commenced

Key directives

  • Grant permission to construct, connect, operate, and maintain pipeline facilities at U.S.-Canada border in Phillips County, Montana
  • Revoke March 23, 2017 Presidential permit
  • Require notification to President or designee before any substantial change to facilities, location, or operation
  • Require construction to match 2012/2017 application descriptions
  • Mandate free access for federal, state, and local agency inspectors
  • Require removal of facilities at permittee expense upon termination/revocation if ordered
  • Require written notice of any ownership or control transfer
  • Require permittee to hold harmless and indemnify United States for environmental liabilities
  • Require maintenance in good repair and compliance with applicable law
  • Require written notice when construction begins, is completed, interrupted, or discontinued

Timeline

Immediate

  • Permit takes effect upon issuance
  • Prior March 23, 2017 permit revoked

Near term (90d)

  • Company may begin acquiring right-of-way grants, easements, and other authorizations
  • Filing of required statements or reports with agencies

Long term

  • Construction must commence by March 29, 2024 or permit expires
  • Ongoing operation subject to presidential termination, revocation, or amendment at any time

Risks & tensions

  • Permit explicitly revokes prior 2017 permit, creating potential legal uncertainty about continuity of approvals
  • Broad presidential discretion to terminate, revoke, or amend 'at any time' creates regulatory risk for permittee
  • National security takings provision (Article 4) allows seizure with compensation, reflecting sovereignty tensions over cross-border infrastructure
  • Hold harmless clause for environmental contamination shifts liability substantially to private party
  • Automatic 5-year sunset clause creates construction timeline pressure
Other 13337: Authorizing TransCanada Keystone Pipeline, L.P., To Construct, Connect, Operate, and Maintain Pipeline Facilities at the International Boundary Between the United States and Canada · Executive Orders