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

This executive order streamlines the Presidential permitting process for cross-border infrastructure projects like pipelines, bridges, and land transportation crossings. It designates the Secretary of State to receive applications and sets 60-day and 30-day deadlines for agency reviews, while reserving final permit decisions exclusively for the President. The order revokes two previous executive orders (13337 and 11423) governing similar permits.

Federal Register Open PDF 84 FR 15491

Impact dates

May 29, 2020
State Department completes regulatory review and changes for consistency with EO
Jun 9, 2019
State Department adoption of procedures for 60-day permit processing
May 10, 2019
Agency heads provide requested opinions to President
May 10, 2019
State/tribal/local/foreign government responses to State Department requests

Key directives

Secretary of State shall adopt procedures to complete all permit actions within 60 days of application receipt
Agency heads must provide requested opinions within 30 days of Presidential request
State, tribal, local, and foreign government responses sought within 30 days
State Department shall review and revise regulations for consistency by May 29, 2020
All permit decisions reserved solely to the President
Executive Orders 13337 and 11423 revoked

Who is ordered

Timeline

Immediate

Secretary of State designated as sole receiver of cross-border infrastructure permit applications
Revocation of Executive Orders 13337 and 11423
Existing permits remain in force

Near term (90d)

State Department adoption of streamlined procedures for 60-day application processing

Long term

State Department regulatory review and revision by May 29, 2020
Accelerated permitting for future cross-border infrastructure projects

Risks & tensions

60-day processing timeline may conflict with environmental review requirements under NEPA or other statutes; EO states 'consistent with applicable law' but tension remains
Centralization in State Department reduces role of other agencies with technical expertise; 'as the President may deem necessary' language preserves presidential discretion over interagency involvement
Exclusion of electric power and natural gas facilities (covered by EO 10485) creates bifurcated permitting regime
Sole presidential decision-making could politicize individual permits regardless of streamlined process
Vague 'as soon as practicable' in section 2(d) introduces uncertainty into timeline before 30-day agency clock begins