[Federal Register Volume 69, Number 87 (Wednesday, May 5, 2004)]
[Presidential Documents]
[Pages 25299-25301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10378]
Presidential Documents
Federal Register / Vol. 69, No. 87 / Wednesday, May 5, 2004 /
Presidential Documents
[[Page 25299]]
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
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including section 301 of title 3, United
States Code, and in order to amend Executive Order
11423 of August 16, 1968, as amended, and to further
the policy of my Administration as stated in Executive
Order 13212 of May 18, 2001, as amended, to expedite
reviews of permits as necessary to accelerate the
completion of energy production and transmission
projects, and to provide a systematic method for
evaluating and permitting the construction and
maintenance of certain border crossings for land
transportation, including motor and rail vehicles, that
do not require construction or maintenance of
facilities connecting the United States with a foreign
country, while maintaining safety, public health, and
environmental protections, it is hereby ordered as
follows:
Section 1. (a) Except with respect to facilities
covered by Executive Order 10485 of September 3, 1953,
and Executive Order 10530 of May 10, 1954, the
Secretary of State is hereby designated and empowered
to receive all applications for Presidential permits,
as referred to in Executive Order 11423, as amended,
for the construction, connection, operation, or
maintenance, at the borders of the United States, of
facilities for the exportation or importation of
petroleum, petroleum products, coal, or other fuels to
or from a foreign country.
(b) Upon receipt of a completed application
pursuant to paragraph (a) of this section, the
Secretary of State shall:
(i)
Request additional information needed from the applicant, as appropriate,
before referring the application to other agencies pursuant to paragraph
(b)(ii) of this section;
(ii)
Refer the application and pertinent information to, and request the views
of, the Secretary of Defense, the Attorney General, the Secretary of the
Interior, the Secretary of Commerce, the Secretary of Transportation, the
Secretary of Energy, the Secretary of Homeland Security, the Administrator
of the Environmental Protection Agency, or the heads of the departments or
agencies in which the relevant authorities or responsibilities of the
foregoing are subsequently conferred or transferred, and, for applications
concerning the border with Mexico, the United States Commissioner of the
International Boundary and Water Commission; and
(iii)
Refer the application and pertinent information to, and request the views
of, such other Federal Government department and agency heads as the
Secretary of State deems appropriate.
(c) All Federal Government officials consulted by
the Secretary of State pursuant to paragraph (b)(ii) or
(b)(iii) of this section shall provide their views and
render such assistance as may be requested, consistent
with their authority, in a timely manner, but not to
exceed 90 days from the date of the request.
(d) Should any of the Federal Government officials
consulted pursuant to paragraph (b)(ii) or (b)(iii) of
this section request from the Department of State
additional information that is necessary for them to
provide their views or to render such assistance as may
be required, the time elapsed
[[Page 25300]]
between the date of that request for additional
information and the date such additional information is
received shall not be counted in calculating the time
period prescribed in paragraph (c) of this section.
(e) The Secretary of State may also consult with
such State, tribal, and local government officials and
foreign governments, as the Secretary deems
appropriate, with respect to each application. The
Secretary shall solicit responses in a timely manner,
not to exceed 90 days from the date of the request.
(f) Upon receiving the views and assistance
requested pursuant to paragraphs (b) and (e) of this
section, the Secretary of State shall consider, in
light of any statutory or other requirements or other
considerations, whether or not additional information
is needed in order to evaluate the application and, as
appropriate, request such information from the
applicant.
(g) After consideration of the views and assistance
obtained pursuant to paragraphs (b) and, as
appropriate, (e) and (f) of this section and any public
comments submitted pursuant to section 3(a) of this
order, if the Secretary of State finds that issuance of
a permit to the applicant would serve the national
interest, the Secretary shall prepare a permit, in such
form and with such terms and conditions as the national
interest may in the Secretary's judgment require, and
shall notify the officials required to be consulted
under paragraph (b)(ii) of this section of the proposed
determination that a permit be issued.
(h) After consideration of the views obtained
pursuant to paragraphs (b) and, as appropriate, (e) and
(f) of this section and any public comments provided
pursuant to section 3(a) of this order, if the
Secretary of State finds that issuance of a permit to
the applicant would not serve the national interest,
the Secretary shall notify the officials required to be
consulted under paragraph (b)(ii) of this section of
the proposed determination that the application be
denied.
(i) The Secretary of State shall issue or deny the
permit in accordance with the proposed determination
unless, within 15 days after notification pursuant to
paragraphs (g) or (h) of this section, an official
required to be consulted under paragraph (b)(ii) of
this section shall notify the Secretary of State that
he or she disagrees with the Secretary's proposed
determination and requests the Secretary to refer the
application to the President. In the event of such a
request, the Secretary of State shall consult with any
such requesting official and, if necessary, shall refer
the application, together with statements of the views
of any official involved, to the President for
consideration and a final decision.
Sec. 2. (a) Section 1(a) of Executive Order 11423, as
amended, is amended to read as follows: ``Except with
respect to facilities covered by Executive Order Nos.
10485 and 10530, and by section 1(a) of the Executive
Order of April 30, 2004, entitled ``Issuance of Permits
with Respect to Certain Energy-Related Facilities and
Land Transportation Crossings on the International
Boundaries of the United States'' (the order of April
30, 2004), the Secretary of State is hereby designated
and empowered to receive all applications for
Presidential permits for the construction, connection,
operation, or maintenance, at the borders of the United
States, of:
(i)
pipelines, conveyor belts, and similar facilities for the exportation or
importation of all products, except those specified in section 1(a) of the
order of April 30, 2004, 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
[[Page 25301]]
(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 (iii) above.
(b) Section 1(b) of Executive Order 11423, as
amended, is amended by deleting the text ``(a)(iii),
(iv), or (v)'' and by inserting the text ``(a)(iii),
(iv), (v), or (vi)'' in lieu thereof.
Sec. 3. (a) The Secretary of State may provide for the
publication in the Federal Register of notice of
receipt of applications, for the receipt of public
comments on applications, and for notices related to
the issuance or denial of applications.
(b) The Secretary of State is authorized to issue
such further rules and regulations, and to prescribe
such further procedures, including, but not limited to,
those relating to the International Boundary and Water
Commission, as may from time to time be deemed
necessary or desirable for the exercise of the
authority conferred by this order.
Sec. 4. All permits heretofore issued with respect to
facilities described in section 2(a) of this order
pursuant to Executive Order 11423, as amended, and in
force at the time of issuance of this order, and all
permits issued hereunder, shall remain in effect in
accordance with their terms unless and until modified,
amended, suspended, or revoked by the appropriate
authority.
Sec. 5. Nothing contained in this order shall be
construed to affect the authority of any department or
agency of the United States Government, or to supersede
or replace the requirements established under any other
provision of law, or to relieve a person from any
requirement to obtain authorization from any other
department or agency of the United States Government in
compliance with applicable laws and regulations subject
to the jurisdiction of that department or agency.
Sec. 6. This order is not intended to, and does not,
create any right, benefit, or trust responsibility,
substantive or procedural, enforceable at law or in
equity by any party against the United States, its
departments, agencies, instrumentalities, or entities,
its officers or employees, or any other person.
(Presidential Sig.)B
THE WHITE HOUSE,
April 30, 2004.
[FR Doc. 04-10378
Filed 5-4-04; 8:45 am]
Billing code 3195-01-P