Presidential Permit: Authorizing Bakken Pipeline Company LP to Construct, Connect, Operate, and Maintain Pipeline Facilities at Burke County, North Dakota, at the International Boundary Between the United States and Canada
The President exercises executive authority to grant a Presidential Permit to Bakken Pipeline Company LP, a subsidiary of Canadian entity Enbridge Inc., authorizing the construction, connection, operation, and maintenance of specific pipeline border facilities near Portal, North Dakota, for transporting crude oil and petroleum products between the U.S. and Canada.
This authority is heavily conditioned, requiring compliance with all applicable federal, state, and local laws, granting government access for inspection, mandating indemnification for environmental liabilities, and reserving the President's right to take temporary possession of the facilities for national security reasons.
Arguments For
Facilitating International Energy Transport: The permit enables the safe and legally sanctioned cross-border transfer of crude oil and petroleum products between the U.S. and Canada, supporting integrated North American energy infrastructure.
Ensuring Regulatory Compliance: By explicitly subjecting the facilities to all applicable federal, state, and local laws, including pipeline safety regulations (like those from PHMSA), the action upholds necessary safety and environmental standards.
Maintaining Presidential Oversight and National Security: The inclusion of Article 4 reserves the President's right to seize and operate the facilities for national security purposes, ensuring ultimate governmental control over critical energy infrastructure.
Defining Clear Operational Parameters: The permit precisely defines the scope of authorized facilities ("Border facilities") and includes conditions for operation, maintenance, and liability, providing regulatory certainty to the permittee and the public.
Arguments Against
Precedent for Foreign Ownership in Critical Infrastructure: Granting a permit to a subsidiary of a Canadian corporation (Enbridge Inc.) for critical energy infrastructure may raise concerns about national economic sovereignty and control over vital resources.
Potential for Environmental Risk: Although subject to regulations, the transportation of crude oil and petroleum products inherently carries the risk of spills or environmental contamination, placing the burden of indemnification on the permittee, which may not cover all eventual costs to the government or public.
Bureaucratic and Enforcement Burden: The permit places significant ongoing monitoring and inspection burdens on various Federal, State, and local agencies, requiring continuous resource allocation to ensure compliance with the stated conditions.
Lack of Private Right of Action: Article 9 stipulates that the permit creates no enforceable rights or benefits for any party against the United States, potentially limiting recourse for affected parties should the government fail to enforce the permit's conditions.
Presidential Actions
By virtue of the authority vested in me as President of the United States of America (the “President”), I hereby grant this Presidential permit, subject to the conditions herein set forth to Bakken Pipeline Company LP. (the “permittee”). The permittee is a limited partnership organized under the laws of the State of Delaware and is a subsidiary of Enbridge Inc., a corporation organized under the laws of Canada. Permission is hereby granted to the permittee to construct, connect, operate, and maintain pipeline Border facilities, as described herein, at the international border of the United States and Canada near Portal, North Dakota, for the transport between the United States and Canada of crude oil and petroleum products of every description, refined or unrefined (inclusive of, but not limited to, naphtha, liquefied petroleum gas, jet fuel, gasoline, kerosene, and diesel), but not including natural gas subject to section 3 of the Natural Gas Act, as amended (15 U.S.C. 717b).
This permit does not affect the applicability of any otherwise-relevant laws and regulations. As confirmed in Article 2 of this permit, the Border facilities shall remain subject to all such laws and regulations.
The term “Facilities” as used in this permit means the portion in the United States of the international pipeline project associated with the permittee’s January 16, 2026, application for a new permit, and any land, structures, installations, or equipment appurtenant thereto.
The term “Border facilities” as used in this permit means those parts of the Facilities consisting of a 24-inch diameter pipeline extending from the international border between the United States and Canada near Portal, North Dakota, to and including the first mainline shut-off valve or pumping station in the United States located less than 1 mile from the international border, and any land, structures, installations, or equipment appurtenant thereto.
This permit is subject to the following conditions:
Article 1. The Border facilities herein described, and all aspects of their operation, shall be subject to all the conditions, provisions, and requirements of this permit and any subsequent Presidential amendment to it. The permittee shall make no substantial change in the Border facilities, in the location of the Border facilities, or in the operation authorized by this permit unless the President has approved the change in an amendment to this permit or in a new permit. Such substantial changes do not include, and the permittee may make, changes to the average daily throughput capacity of the Border facilities to any volume of products that is achievable through the Border facilities, and to the directional flow of any such products.
Article 2. The standards for, and the manner of, construction, connection, operation, and maintenance of the Border facilities shall be subject to inspection by the representatives of appropriate Federal, State, and local agencies. Officers and employees of such agencies who are duly authorized and performing their official duties shall be granted free and unrestricted access to the Border facilities by the permittee. The Border facilities, including the construction, connection, operation, and maintenance of the Border facilities, shall be subject to all applicable laws and regulations, including pipeline safety laws and regulations issued or administered by the Pipeline and Hazardous Materials Safety Administration of the U.S. Department of Transportation. The permittee shall obtain requisite permits from relevant State and local governmental entities, and relevant Federal agencies.
Article 3. Upon the termination, revocation, or surrender of this permit, unless otherwise decided by the President, the permittee, at its own expense, shall remove the Border facilities within such time as the President may specify. If the permittee fails to comply with an order to remove, or to take such other appropriate action with respect to, the Border facilities, the President may direct an appropriate official or agency to take possession of the Border facilities — or to remove the Border facilities or take other action — at the expense of the permittee. The permittee shall have no claim for damages caused by any such possession, removal, or other action.
Article 4. When, in the judgment of the President, ensuring the national security of the United States requires entering upon and taking possession of any of the Border facilities or parts thereof, and retaining possession, management, or control thereof for such a length of time as the President may deem necessary, the United States shall have the right to do so, provided that the President or his designee has given due notice to the permittee. The United States shall also have the right thereafter to restore possession and control to the permittee. In the event that the United States exercises the rights described in this article, it shall pay to the permittee just and fair compensation for the use of such Border facilities, upon the basis of a reasonable profit in normal conditions, and shall bear the cost of restoring the Border facilities to their previous condition, less the reasonable value of any improvements that may have been made by the United States.
Article 5. Any transfer of ownership or control of the Border facilities, or any part thereof, or any changes to the name of the permittee, shall be immediately communicated in writing to the President or his designee, and shall include information identifying any transferee. Notwithstanding any such transfers or changes, this permit shall remain in force subject to all of its conditions, permissions, and requirements, and any amendments thereto.
Article 6. (1) The permittee is responsible for acquiring any right-of-way grants or easements, permits, and other authorizations as may become necessary or appropriate.
(2) The permittee shall hold harmless and indemnify the United States from any claimed or adjudged liability arising out of construction, connection, operation, or maintenance of the Border facilities, including environmental contamination from the release, threatened release, or discharge of hazardous substances or hazardous waste.
(3) To ensure the safe operation of the Border facilities, the permittee shall maintain them and every part of them in a condition of good repair and in compliance with applicable law.
Article 7. The permittee shall file with the President or his designee, and with appropriate agencies, such sworn statements or reports with respect to the Border facilities, or the permittee’s activities and operations in connection therewith, as are now, or may hereafter, be required under any law or regulation of the United States Government or its agencies. These reporting obligations do not alter the intent that this permit be operative as a directive issued by the President alone.
Article 8. Upon request, the permittee shall provide appropriate information to the President or his designee with regard to the Border facilities. Such requests could include information concerning current conditions or anticipated changes in ownership or control, construction, connection, operation, or maintenance of the Border facilities.
Article 9. This permit is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of April, in the year of our Lord two thousand twenty-six, and of the Independence of the United States of America the two hundred and fiftieth.
DONALD J. TRUMP
The post Presidential Permit: Authorizing Bakken Pipeline Company LP to Construct, Connect, Operate, and Maintain Pipeline Facilities at Burke County, North Dakota, at the International Boundary Between the United States and Canada appeared first on The White House.
The introductory section establishes the document as a Presidential Permit issued by the President of the United States, granting authority to Bakken Pipeline Company LP. The permittee is specified as a Delaware limited partnership and a subsidiary of the Canadian corporation Enbridge Inc.
This permission allows the construction, connection, operation, and maintenance of pipeline Border facilities near Portal, North Dakota.
These facilities are for transporting crude oil and various petroleum products across the U.S.-Canada border, explicitly excluding natural gas regulated under the Natural Gas Act.
The document clarifies that the permit does not override existing laws and regulations, which remain fully applicable to the Border facilities, as confirmed in Article 2.
Definitions are provided for the general "Facilities" related to the permittee's application and the specific "Border facilities," which include the 24-inch diameter pipeline segment extending less than one mile from the border, plus any associated equipment.
Article 1. The Border facilities herein described, and all aspects of their operation, shall be subject to all the conditions, provisions, and requirements of this permit and any subsequent Presidential amendment to it. The permittee shall make no substantial change in the Border facilities, in the location of the Border facilities, or in the operation authorized by this permit unless the President has approved the change in an amendment to this permit or in a new permit. Such substantial changes do not include, and the permittee may make, changes to the average daily throughput capacity of the Border facilities to any volume of products that is achievable through the Border facilities, and to the directional flow of any such products.
Article 1 subjects the described Border facilities and all operations to the conditions of this permit and any future Presidential amendments.
The permittee cannot implement any substantial changes to the facilities, their location, or authorized operations unless the President approves them via amendment or a new permit.
However, the article carves out an important exception: the permittee may alter the average daily throughput capacity to any achievable volume and may change the directional flow of the transported products without needing further Presidential approval for these specific actions.
Article 2. The standards for, and the manner of, construction, connection, operation, and maintenance of the Border facilities shall be subject to inspection by the representatives of appropriate Federal, State, and local agencies. Officers and employees of such agencies who are duly authorized and performing their official duties shall be granted free and unrestricted access to the Border facilities by the permittee. The Border facilities, including the construction, connection, operation, and maintenance of the Border facilities, shall be subject to all applicable laws and regulations, including pipeline safety laws and regulations issued or administered by the Pipeline and Hazardous Materials Safety Administration of the U.S. Department of Transportation. The permittee shall obtain requisite permits from relevant State and local governmental entities, and relevant Federal agencies.
Article 2 ensures government oversight of all aspects of the Border facilities, including construction, connection, operation, and maintenance.
Representatives from Federal, State, and local agencies must have free and unrestricted access to the facilities when performing official duties.
Crucially, all activities relating to the facilities are explicitly subject to all applicable laws and regulations.
This specifically includes pipeline safety laws administered by the Pipeline and Hazardous Materials Safety Administration (PHMSA) within the U.S. Department of Transportation.
The permittee must also secure all necessary permits from local, state, and federal governmental bodies.
Article 3. Upon the termination, revocation, or surrender of this permit, unless otherwise decided by the President, the permittee, at its own expense, shall remove the Border facilities within such time as the President may specify. If the permittee fails to comply with an order to remove, or to take such other appropriate action with respect to, the Border facilities, the President may direct an appropriate official or agency to take possession of the Border facilities — or to remove the Border facilities or take other action — at the expense of the permittee. The permittee shall have no claim for damages caused by any such possession, removal, or other action.
Article 3 dictates the process for decommissioning the facilities upon termination, revocation, or surrender of the permit.
Unless the President specifies otherwise, the permittee is responsible for removing the Border facilities at its own expense within a timeline set by the President.
If the permittee fails to comply with an order for removal or other appropriate action, the President can instruct a government agency to take possession of the facilities or remove them instead.
The permittee must cover the costs associated with this government intervention and waives any claim for damages resulting from the possession or removal action.
Article 4. When, in the judgment of the President, ensuring the national security of the United States requires entering upon and taking possession of any of the Border facilities or parts thereof, and retaining possession, management, or control thereof for such a length of time as the President may deem necessary, the United States shall have the right to do so, provided that the President or his designee has given due notice to the permittee. The United States shall also have the right thereafter to restore possession and control to the permittee. In the event that the United States exercises the rights described in this article, it shall pay to the permittee just and fair compensation for the use of such Border facilities, upon the basis of a reasonable profit in normal conditions, and shall bear the cost of restoring the Border facilities to their previous condition, less the reasonable value of any improvements that may have been made by the United States.
Article 4 grants the United States the right, upon giving due notice to the permittee, to take possession, management, or control of the Border facilities if the President deems it necessary for ensuring U.S. national security.
The government retains this control for as long as the President deems required.
After exercising this right, the U.S. can return possession and control to the permittee.
If the government uses the facilities, compensation must be paid to the permittee based on "just and fair compensation" equal to a reasonable profit under normal conditions.
The U.S. must also cover the cost of restoring the facilities to their prior condition, minus the value of any permanent improvements made by the U.S. government during its control.
Article 5. Any transfer of ownership or control of the Border facilities, or any part thereof, or any changes to the name of the permittee, shall be immediately communicated in writing to the President or his designee, and shall include information identifying any transferee. Notwithstanding any such transfers or changes, this permit shall remain in force subject to all of its conditions, permissions, and requirements, and any amendments thereto.
Article 5 mandates that the permittee must immediately notify the President or their designee in writing of any transfer of ownership or control of the Border facilities, including details identifying the transferee.
This written notification must also cover any changes made to the permittee’s own name.
Regardless of these ownership or name changes, the permit remains fully effective, continuing in force with all its existing conditions, permissions, requirements, and any subsequent amendments.
Article 6. (1) The permittee is responsible for acquiring any right-of-way grants or easements, permits, and other authorizations as may become necessary or appropriate.
(2) The permittee shall hold harmless and indemnify the United States from any claimed or adjudged liability arising out of construction, connection, operation, or maintenance of the Border facilities, including environmental contamination from the release, threatened release, or discharge of hazardous substances or hazardous waste.
(3) To ensure the safe operation of the Border facilities, the permittee shall maintain them and every part of them in a condition of good repair and in compliance with applicable law.
Article 6 outlines several key responsibilities for the permittee.
Subsection (1) states the permittee must secure all necessary right-of-way grants, easements, permits, and other authorizations required for the project.
Subsection (2) levies the burden of liability onto the permittee, requiring them to indemnify and hold harmless the United States from any liability resulting from the facilities' construction, connection, operation, or maintenance.
This strongly includes liability stemming from environmental contamination like hazardous substance releases.
Subsection (3) requires the permittee to maintain all parts of the Border facilities in good repair and in continuous compliance with all applicable laws to guarantee safe operation.
Article 7. The permittee shall file with the President or his designee, and with appropriate agencies, such sworn statements or reports with respect to the Border facilities, or the permittee’s activities and operations in connection therewith, as are now, or may hereafter, be required under any law or regulation of the United States Government or its agencies. These reporting obligations do not alter the intent that this permit be operative as a directive issued by the President alone.
Article 7 establishes ongoing reporting requirements for the permittee.
The permittee must submit sworn statements or reports concerning the Border facilities or their related activities to the President or their designee, as well as to other appropriate agencies, if required by current or future U.S. laws or regulations.
Despite these reporting duties with various government bodies, the article emphasizes that the permit's core function is a directive issued solely by the President, ensuring the directive nature remains paramount despite administrative reporting requirements.
Article 8. Upon request, the permittee shall provide appropriate information to the President or his designee with regard to the Border facilities. Such requests could include information concerning current conditions or anticipated changes in ownership or control, construction, connection, operation, or maintenance of the Border facilities.
Article 8 grants the President or their designee the authority to request relevant information about the Border facilities from the permittee at any time. This information mandate is broad.
Examples of requested information include details on the facilities' current operational conditions or any anticipated changes regarding ownership, control, construction plans, connection status, or ongoing maintenance activities.
Article 9. This permit is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Article 9 acts as a disclaimer regarding legal enforceability.
The permit is explicitly structured so that it does not create any substantive or procedural right or benefit that can be enforced in court by any party against the United States, its agencies, employees, or any other person.
This provision limits the legal standing of the permit itself, reinforcing that it operates as an executive directive rather than a source of enforceable entitlements for the public or other involved parties.
IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of April, in the year of our Lord two thousand twenty-six, and of the Independence of the United States of America the two hundred and fiftieth.
DONALD J. TRUMP
The post Presidential Permit: Authorizing Bakken Pipeline Company LP to Construct, Connect, Operate, and Maintain Pipeline Facilities at Burke County, North Dakota, at the International Boundary Between the United States and Canada appeared first on The White House.
This concluding section formally documents the issuance of the permit.
It states that the President set his hand to the document on April 15, 2026, referencing the preceding date in the Gregorian calendar (Year of our Lord) and the nation's history (250th year of Independence).
The document is signed by Donald J. Trump, identifying him as the issuing authority.
The final lines are administrative notes about the online posting, indicating the title and source source link.
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