Written by Chloe Marie – Research
Specialist
On April 10, 2019, President Donald Trump issued two executive orders,
both addressing the energy infrastructure sector and providing direction on
actions required to further expand it.
In our previous Shale Law in the Spotlight article, we discussed the Executive Order on Promoting Energy
Infrastructure and Economic Growth. In
this Shale Law in the Spotlight article, we will discuss the Executive Order on the Issuance of Permits with
Respect to Facilities and Land Transportation Crossings at the International
Boundaries of the United States.
In this second energy-related Executive Order issued on April 10, President
Donald Trump indicated a desire to simplify and speed up the approval process relating
to the issuance of Presidential permits for cross-border infrastructure
projects. According to President Trump, “[o]ver the course of
several decades, executive actions, Federal regulations, and policies of
executive departments and 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.” As such, President Trump
directed that the review process be amended, and he declared that prior
Executive Orders addressing this matter – issued in 2004 and 1968 – were
revoked.
Two main highlights characterize
this second energy-related Executive Order:
First, the Executive Order
provides that the processing for obtaining a presidential permit for the
construction, connection, operation, or maintenance of cross-border
infrastructure projects located at the international boundaries of the United
States must be completed within 60 days of the receipt of the permit
application. These cross-border
infrastructure projects include pipelines, pipe conveyor belts, land transport
facilities, bridges, and any similar facilities intended to export or import
products to or from a foreign country.
Once an application is received,
the Secretary of State is tasked to provide advice and guidance on whether the
President should request an opinion from any relevant agency head regarding the
permit application. In reviewing each
application, the Secretary also may obtain the advice of the state, tribal, and
local government officials as well as foreign governments. Opinions and advice, if requested, must be
rendered within 30 days following the request date, unless the President
decides otherwise. At the conclusion of
this review, the Secretary of State shall provide a written opinion to the
President advising whether the project would or would not serve the foreign
policy interests of the United States.
Regardless of the Secretary of State’s opinion on the impact of the project,
the decision regarding the presidential permit application lies solely with the
President.
Second, the Secretary of State is
directed to revise and amend the relevant Department of State regulations to bring
them into compliance with the directives of this Executive Order no later than
May 29, 2020. In line with these
commitments, President Trump rescinded Executive Order 13337 dated April 2004 regarding the issuance of permits
with respect to certain energy-related facilities and land transportation
crossings on the international boundaries of the United States, issued by
President George W. Bush in April 2004 as well as Executive Order 11423 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, issued by President Lyndon B. Johnson in August 1968.
The Executive Order clarifies
that all presidential permits previously issued for cross-border infrastructure
projects remain in full force and effect in accordance with their terms.
References:

This material is based upon work supported by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.
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