Presidential Permit: Authorizing Enbridge Energy, Limited Partnership to Operate and Maintain Existing Pipeline Facilities at Pembina County, North Dakota, at the International Boundary Between the United States and Canada
The President granted a Presidential Permit to Enbridge Energy, Limited Partnership, an indirect Canadian subsidiary, authorizing the operation and maintenance of specific existing pipeline Border facilities near Neche, North Dakota, for the cross-border transport of crude oil and various petroleum products, excluding natural gas.
This permit supersedes a previous permit issued in 1998 and establishes a detailed framework of conditions, including adherence to all applicable Federal, State, and local laws, requiring regular government inspection access, imposing strict rules on facility changes or ownership transfers, and reserving the right for the U.S. government to take possession of the facilities for national security purposes.
Arguments For
Streamlined Energy Trade and Infrastructure Maintenance: The permit ensures the continued, legally sanctioned operation of essential cross-border infrastructure for transporting crude oil and petroleum products, supporting international commerce and energy supply stability between the U.S. and Canada.
Regulatory Oversight and Safety: Explicitly subjects the Border facilities to all applicable Federal, State, and local laws, including pipeline safety regulations administered by the Pipeline and Hazardous Materials Safety Administration, ensuring operations meet current safety and environmental standards.
Presidential Authority Affirmation: Exercises the President's statutory authority to grant permits for international pipeline operations, providing necessary legal standing for the permittee while establishing clear federal control mechanisms in times of national security need.
Defined Liability and Remediation: Clearly assigns responsibility to the permittee for maintenance, acquiring necessary rights-of-way, and indemnifying the U.S. against liability, including environmental contamination, minimizing federal financial exposure.
Arguments Against
Potential Environmental Risk: Allowing the continued transport of crude oil and petroleum products across the border carries inherent risks of spills or releases, which could cause environmental contamination in Pembina County, North Dakota, despite indemnification clauses.
Supersession of Prior Permit: Revoking the July 23, 1998, permit creates uncertainty regarding the regulatory history and potentially subjects the facilities to immediate, substantial changes in operational requirements based on the new permit's conditions.
Lack of Substantive Public Benefit Rights: Article 9 explicitly states the permit creates no substantive or procedural rights enforceable by any party against the United States, which could limit public recourse or legal challenges should operational issues arise.
Substantial Federal Control Risk: Article 4 grants the President sweeping power to seize and operate the facilities for national security reasons without establishing a clear, immediate compensation mechanism beyond a promise of 'just and fair compensation' later.
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 Enbridge Energy, Limited Partnership (the “permittee”). The permittee is a limited partnership organized under the laws of the State of Delaware and is an indirect subsidiary of Enbridge Inc., a corporation organized under the laws of Canada. Permission is hereby granted to the permittee to operate and maintain existing pipeline Border facilities, as described herein, at the international border of the United States and Canada in Pembina County, North Dakota, near Neche, 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 supersedes and revokes the Presidential permit issued previously, dated July 23, 1998.
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 an amendment to its existing 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 in existence at the time of this permit’s issuance extending from the international border between the United States and Canada at Pembina County, North Dakota, to and including the first mainline shut-off valve or pumping station in the United States located approximately 18 miles 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, unless subsequently terminated, revoked, or amended by the President.
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 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, 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 Enbridge Energy, Limited Partnership to Operate and Maintain Existing Pipeline Facilities at Pembina County, North Dakota, at the International Boundary Between the United States and Canada appeared first on The White House.
The document initiates with a Presidential Action header, followed by navigation elements for the White House website. The core action is the granting of a Presidential permit to Enbridge Energy, Limited Partnership, which is an indirect subsidiary of a Canadian corporation.
This permit allows the permittee to operate and maintain existing pipeline Border facilities in Pembina County, North Dakota, near Neche.
The purpose is to transport crude oil and petroleum products, including naphtha, LPG, gasoline, and diesel, across the U.S.-Canada international border, specifically excluding natural gas regulated under the Natural Gas Act.
This new permit explicitly revokes and supersedes a previous Presidential permit issued on July 23, 1998.
The document defines the scope of the authorized "Facilities" and the specific "Border facilities" covered by this grant, which include the 36-inch diameter pipeline section extending about 18 miles into the U.S. from the border.
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 1 mandates that the permitted Border facilities and all operations must comply with every condition, provision, and requirement listed in this permit or any future amendment from the President.
The permittee cannot make significant changes to the facilities, their location, or the authorized operations unless the President approves the changes via an amendment or a new permit.
However, the permittee retains flexibility concerning product volume and flow direction.
They can change the average daily throughput capacity up to the facility's physical limit and alter the flow direction of the transported products without requiring specific Presidential approval.
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 2 places the operation and maintenance standards of the Border facilities under the inspection purview of Federal, State, and local agency representatives.
The permittee must grant these authorized government officers and employees free and unrestricted access to the facilities while they are performing their official duties.
Furthermore, the facilities remain subject to all relevant laws and regulations, specifically citing pipeline safety laws managed by the Pipeline and Hazardous Materials Safety Administration (PHMSA) within the U.S. Department of Transportation.
The permittee also carries the responsibility to acquire all necessary permits from relevant State, local, and Federal entities.
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 addresses the decommissioning process.
If the permit ends, is revoked, or is surrendered, the permittee, at their own cost, must remove the Border facilities according to the timeline established by the President.
If the permittee disobeys an order regarding removal or other required action, the President can authorize an official or agency to take control of the facilities, remove them, or take alternative action, all at the permittee's expense.
The permittee gives up any right to claim damages resulting from the U.S. government taking possession, removing, or otherwise acting upon the facilities under this provision.
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 President the power to take possession, management, and control of the Border facilities, or parts thereof, if national security judgment deems it necessary, following due notice to the permittee.
The U.S. retains the right to restore possession to the permittee afterward.
If the U.S. exercises this right, compensation must be paid to the permittee.
This compensation is defined as 'just and fair' based on a reasonable profit under normal conditions.
Additionally, the government assumes the cost of restoring the facilities to their prior condition, deducting the value of any improvements the U.S. government made while in possession.
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, unless subsequently terminated, revoked, or amended by the President.
Article 5 establishes strict notification requirements for changes in ownership or control.
Any transfer of ownership or control of the Border facilities, or even a change in the permittee's name, must be communicated immediately in writing to the President or their designee, including details identifying the recipient of the transfer.
Crucially, Article 5 stipulates that the permit remains valid and enforceable, with all its conditions and amendments, even after such transfers or name changes, unless the President explicitly terminates, revokes, or amends the permit.
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 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.
Paragraph (1) assigns the permittee the duty to secure all necessary right-of-way grants, easements, permits, and any other required authorizations.
Paragraph (2) dictates that the permittee must indemnify and hold the United States harmless against any liability, whether claimed or judged, related to the operation or maintenance of the Border facilities.
This specifically includes liability stemming from the release or discharge of hazardous substances or waste.
Paragraph (3) mandates that for safe operations, the permittee must keep the facilities and all their components in good repair and ensure compliance with all applicable laws.
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 requires the permittee to submit sworn statements or reports concerning the Border facilities or their operations to the President or their designee, as well as to other appropriate agencies.
These reporting requirements cover any reports mandated now or in the future by any U.S. Government law or regulation.
Despite these reporting duties to various federal bodies, the article clarifies that the permit's essential nature remains a single directive issued solely by the President.
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, operation, or maintenance of the Border facilities.
Article 8 obligates the permittee to furnish relevant information about the Border facilities to the President or the President's designee when requested.
This requirement covers information about the current condition of the facilities or any expected future changes related to ownership, control, operation, or maintenance.
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 is a disclaimer concerning enforceability.
It explicitly states that the Presidential permit does not establish any right or benefit, whether substantive or procedural, that any party—including the United States entities, officers, or any other person—can enforce in a court of law or equity.
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 Enbridge Energy, Limited Partnership to Operate and Maintain Existing Pipeline Facilities at Pembina County, North Dakota, at the International Boundary Between the United States and Canada appeared first on The White House.
This final section serves as the formal closing and execution of the order.
It notes that the document was signed on April 15, 2026, which is the 250th year of American Independence.
The permit is officially attested by the signature of Donald J. Trump, acting as President.
The concluding text confirms the document's publication source on The White House website under Presidential Actions.
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