Presidential Permit: Authorizing Enbridge Energy, Limited Partnership to Operate and Maintain Three Existing Pipeline Facilities at Pembina County, North Dakota, at the International Boundary Between the United States and Canada
The President issued a Presidential Permit, exercising authority vested in the office, to Enbridge Energy, Limited Partnership, a Canadian-owned subsidiary, to operate and maintain three existing pipeline Border facilities in Pembina County, North Dakota, for transporting crude oil and various petroleum products across the U.S.-Canada border.
This permit supersedes a previous permit from 1991 and establishes several conditions, including subjecting the facilities to all applicable laws and regulations, mandating permittee responsibility for maintenance and liability indemnity, granting the U.S. the right to take possession for national security purposes, and requiring removal of the facilities upon permit termination unless otherwise directed.
Arguments For
Granting the permit ensures continued, permitted operation of existing critical cross-border energy infrastructure, supporting existing trade and energy supply chains between the U.S. and Canada.
The permit explicitly subjects the facilities to all applicable Federal, State, and local laws, including pipeline safety regulations enforced by PHMSA, thereby maintaining regulatory oversight of the operations.
Specific conditions regarding indemnification and maintenance ensure the permittee bears financial responsibility for liability (including environmental contamination) and must keep the facilities in good repair.
Allowing throughput capacity adjustments within achievable physical limits provides necessary operational flexibility for the permittee without requiring new permit amendments for minor volume changes.
Arguments Against
Issuing a new Presidential Permit for infrastructure that transports crude oil and petroleum products raises environmental concerns regarding potential spills or releases along the border area in Pembina County, North Dakota.
Concerns may arise regarding the extent of federal control, as Article 4 grants the President the right to seize possession of the facilities for national security reasons, potentially interrupting commercial operations.
The document relies on the permittee to acquire all necessary right-of-way grants and permits from State and local entities (Article 6(1)), which could lead to intergovernmental conflict if those local authorizations are denied or delayed.
The extensive scope of authorized materials (crude oil, naphtha, LPG, gasoline, etc.) subjects the border environment to risks associated with various hazardous substances.
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, 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).
The President grants a Presidential permit to Enbridge Energy, Limited Partnership (the permittee), authorizing it to operate and maintain existing pipeline facilities at the U.S.-Canada border in Pembina County, North Dakota.
The permittee is an indirect subsidiary of a Canadian corporation.
This permission covers the transport of crude oil and various refined and unrefined petroleum products like gasoline and diesel, specifically excluding natural gas regulated under a different act.
This permit supersedes and revokes the Presidential permit issued previously, dated December 12, 1991.
This new permit cancels and replaces a prior Presidential permit issued for these facilities on December 12, 1991.
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 issuance of this permit does not exempt the pipeline facilities from any other relevant laws or regulations.
Article 2 specifically reaffirms that the Border facilities must comply with all existing applicable legal standards.
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 'Facilities' refers to the U.S. portion of the international pipeline expansion project for which the permittee applied for an amendment on January 16, 2026.
This definition includes all associated land, structures, installations, and related equipment.
The term “Border facilities” as used in this permit means those parts of the Facilities consisting of 26-inch, 34-inch, and 18-inch diameter pipelines in existence at the time of this permit’s issuance extending from the international border between the United States and Canada in Pembina County, North Dakota, to and including the first mainline shut-off valve or pumping station in the United States located, respectively, approximately 25, 0.75, and 18 miles from the international border, and any land, structures, installations, or equipment appurtenant thereto.
The term 'Border facilities' specifically defines the existing pipelines (with diameters of 26, 34, and 18 inches) located in the U.S. These facilities extend inland from the Canadian border up to the first mainline shut-off valve or pumping station, which are located approximately 25, 0.75, and 18 miles from the border, respectively, and include any necessary appurtenant equipment.
This permit is subject to the following conditions:
The subsequent articles detail the mandatory rules and requirements that the permittee must adhere to as a condition of operating under this permit.
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.
All aspects of the Border facilities' operation must comply with the terms of this permit and any future Presidential amendments.
The permittee cannot make significant changes to the facilities or their location or operation without prior Presidential approval via an amendment.
However, the permittee may adjust the average daily volume transported, as long as it remains within the physical capacity of the facilities, and may change the direction of product flow.
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.
Appropriate Federal, State, and local agency representatives have the right to inspect the facilities' operation and maintenance standards.
The permittee must grant these authorized officials free and unrestricted access.
All facility operations must comply with all applicable regulations, specifically including pipeline safety rules from the Department of Transportation's PHMSA, and the permittee must secure all necessary permits from State, local, and Federal authorities.
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.
If the permit ends, is revoked, or surrendered, the permittee must remove the Border facilities at its own cost within a timeframe set by the President, unless the President decides otherwise. If the permittee fails to comply with a removal order, the President can authorize an official to take possession or remove the facilities, charging the expense to the permittee.
The permittee waives any right to claim damages resulting from this 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.
The President retains the right to take possession, management, or control of the Border facilities if national security requires it, provided the permittee receives due notice. After exercising this right, the U.S. can return control to the permittee.
If the U.S. takes possession, it must pay the permittee fair compensation based on a reasonable profit under normal circumstances and cover restoration costs, minus the value of any improvements made by the U.S. government.
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.
The permittee must immediately notify the President or designee in writing, identifying the new party, if ownership or control of any part of the Border facilities is transferred, or if the permittee's name changes.
Despite any transfer, the permit remains fully effective under all its existing terms and amendments unless the President specifically terminates, revokes, or amends it.
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 establishes three key responsibilities.
First, the permittee must secure all necessary right-of-way grants, easements, and other authorizations.
Second, the permittee must financially protect and compensate the United States against any liability or lawsuits stemming from the facility's operation, explicitly including liability for environmental contamination by hazardous substances.
Third, the permittee must keep all parts of the Border facilities in good working order and in compliance with all relevant laws to ensure 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.
The permittee must submit required sworn statements or reports concerning the Border facilities and its related activities to the President or their designee, as well as to other appropriate agencies, based on current or future U.S. laws or regulations.
This obligation to report to multiple agencies does not change the fact that the permit itself functions solely as a directive issued 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.
The permittee must furnish necessary information about the Border facilities to the President or their designee upon request.
This type of requested information can cover current operational status or any expected changes regarding 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.
This permit does not establish any legal rights or benefits, whether substantive (related to content) or procedural (related to process), that any party can enforce in court against the United States government, its agencies, employees, or any other entity.
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
This is the formal closing statement, where the President, Donald J. Trump, certifies the document by signing it on April 15, 2026, the 250th year of American Independence.
This final text is a standard attribution indicating where the document was originally posted online on The White House website.
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