ExecutiveOrdersEO
EO 13337Executive OrderG.W. Bush · R Quiet signal

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

This executive order transfers authority for approving permits for oil, gas, coal, and other fuel pipelines crossing U.S. borders from the President to the Secretary of State, while also creating a new permitting process for land transportation border crossings (roads, rail) that don't require physical construction connecting to foreign countries. It amends Executive Order 11423 to establish a 90-day interagency review process with specific consultation requirements.

Federal Register Open PDF 69 FR 25299

Impact dates

  1. Federal officials must provide views and assistance

  2. State/tribal/local/foreign government responses to consultation requests

  3. Officials may notify disagreement and request Presidential referral after proposed determination

Key directives

  • Secretary of State designated to receive applications for Presidential permits for petroleum, petroleum products, coal, and other fuel border facilities
  • Secretary of State must refer applications to Defense, Attorney General, Interior, Commerce, Transportation, Energy, Homeland Security, EPA, and for Mexico border, the International Boundary and Water Commission
  • Federal officials must provide views within 90 days of request
  • State/tribal/local officials and foreign governments may be consulted with 90-day response period
  • Disagreeing officials may request Presidential review within 15 days of proposed determination
  • Executive Order 11423 amended to expand Secretary of State's permit authority and add land transportation border crossings
  • Existing permits remain in effect unless modified by appropriate authority

Who is ordered

Timeline

Immediate

  • Secretary of State designated to receive permit applications for energy facilities and land transportation crossings
  • Executive Order 11423 amended

Near term (90d)

  • Interagency consultation procedures take effect
  • State/tribal/local consultation procedures established

Long term

  • Ongoing permit processing for cross-border energy infrastructure
  • Potential streamlining of energy project approvals

Risks & tensions

  • Centralizes energy infrastructure permitting in State Department, potentially reducing presidential visibility on politically sensitive projects
  • 90-day deadline has significant loophole: clock stops when agencies request additional information, creating potential for indefinite delay
  • Vague 'national interest' standard for permit issuance provides broad discretion with limited procedural constraints
  • Expedited permitting goal (from EO 13212) may conflict with environmental and safety protections mentioned in preamble
  • Land transportation crossing provision is novel and untested; scope of 'border crossings...whether or not in conjunction with other facilities' is broad
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 · Executive Orders