Presidential Permit: Authorizing Bridger Pipeline Expansion LLC to Construct, Connect, Operate, and Maintain Pipeline Facilities at the International Boundary at Phillips County, Montana, Between the United States and Canada

This Presidential Permit grants Bridger Pipeline Expansion LLC the authority, subject to specific conditions, to build, operate, and maintain pipeline border facilities in Phillips County, Montana, for the cross-border transport of crude oil and various petroleum products between the United States and Canada.

The permit specifies that the facilities remain subject to all applicable federal, state, and local laws, mandates strict operational and maintenance standards, reserves the right for the U.S. government to take possession for national security, and requires the permittee to obtain all necessary rights-of-way and indemnify the government against liabilities.

Arguments For

  • The permit facilitates international trade and energy infrastructure by authorizing the transport of crude oil and petroleum products between the U.S. and Canada.

  • Establishing clear, Federally-granted authority (a Presidential Permit) ensures the project is subject to necessary pipeline safety regulations, including those from PHMSA, and standardizes oversight during construction and operation.

  • The conditions outlined in the permit ensure executive oversight, allowing the President to intervene and take possession of the facilities for national security reasons, while also providing mechanisms for facility removal upon permit termination.

  • The permittee is required to indemnify the U.S. against liabilities arising from the pipeline's operation, including environmental contamination, placing the financial risk on the private operator.

Arguments Against

  • Granting a Presidential permit bypasses standard legislative or comprehensive regulatory processes, concentrating significant authority in the executive branch regarding major infrastructure crossing an international border.

  • The authorization permits the transport of crude oil and various petroleum products, which raises concerns regarding potential environmental impacts, particularly concerning potential spills or releases in Montana or along the transport route.

  • The conditions stipulate that the permit does not create enforceable rights for any party against the United States, which could limit legal avenues for affected parties or local governments to challenge operational decisions.

  • Allowing changes to capacity or directional flow without a substantial amendment to the permit grants broad operational flexibility to the permittee that may not have been fully contemplated during the initial review.

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 Bridger Pipeline Expansion LLC (the “permittee”).  The permittee is a privately held limited liability company organized under the laws of the State of Wyoming and a wholly owned subsidiary of Bridger Pipeline LLC.  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 in Phillips County, Montana, 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, natural gas liquids, 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 30, 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 36-inch diameter pipeline extending from the international border between the United States and Canada in Phillips County, Montana, to and including the first mainline shut-off valve or pumping station in the United States located less than 2,000 feet 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, 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 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, for example, 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 thirtieth 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

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