{
  "id": "R43261",
  "type": "CRS Report",
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  "number": "R43261",
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      "id": 586016,
      "date": "2017-08-01",
      "retrieved": "2020-01-02T14:16:03.972354",
      "title": "Presidential Permits for Border Crossing Energy Facilities",
      "summary": "Controversy over the proposed Keystone XL pipeline project has focused attention on U.S. requirements for authorization to construct and operate pipelines and other energy infrastructure at international borders. For the most part, developers are required to obtain a Presidential Permit for border crossing facilities. The agency responsible for reviewing applications and issuing Presidential Permits varies depending on the type of facility. Oil and other hazardous liquids pipelines that cross borders are authorized by the U.S. Department of State. Natural gas pipeline border crossings are authorized by the Federal Energy Regulatory Commission (FERC). Electricity transmission facilities are authorized by the Department of Energy (DOE). CRS has identified over 100 operating or proposed oil, natural gas, and electric transmission facilities crossing the U.S.-Mexico or U.S.-Canada border. \nThe authority for federal agencies to review applications and issue Presidential Permits for oil pipelines comes from a series of executive orders. These executive orders have been upheld by the courts as legitimate exercises of the President\u2019s constitutional authority over foreign affairs as well as his authority as Commander in Chief. It is worth noting, however, that Congress has enacted statutes applying to cross-border natural gas and electric transmission facilities that require developers of such projects to apply for authorization from executive branch agencies. \nIn recent years, in the context of the Presidential Permit application for the proposed Keystone XL crude oil pipeline project, Congress has attempted to modify the permitting process for border crossing energy facilities. An Executive Memorandum issued on January 24, 2017, by President Trump inviting TransCanada Corp. to resubmit its Presidential Permit application for the Keystone XL border crossing facility, and the Administration\u2019s subsequent issuance of the Presidential Permit, reduced any need for legislative action in order to authorize the border crossing for that particular project. However, Congress remains interested in overhauling the existing permitting framework, which was created exclusively by the executive branch, in favor of a framework which would be established by statute. Accordingly, on July 19, 2017, the House passed the Promoting Cross-Border Energy Infrastructure Act (H.R. 2883), which would eliminate the Presidential Permit requirement for cross-border crude oil, petroleum products, natural gas, and electric transmission infrastructure. Instead, developers would require \u201ccertificates of crossing\u201d from FERC for cross-border oil, petroleum products, and gas pipelines, or from DOE for cross-border electric transmission. The statute does not appear to apply to other hazardous liquids infrastructure\u2014notably natural gas liquids (e.g., propane) pipelines\u2014so the State Department would retain its traditional Presidential Permit authority for these facilities.",
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      "id": 460617,
      "date": "2017-03-15",
      "retrieved": "2017-04-25T17:14:08.036820",
      "title": "Presidential Permits for Border Crossing Energy Facilities",
      "summary": "Controversy over the proposed Keystone XL pipeline project has focused attention on U.S. requirements for authorization to construct and operate pipelines and other energy infrastructure at international borders. For the most part, developers are required to obtain a Presidential Permit for border crossing facilities. The agency responsible for reviewing applications and issuing Presidential Permits varies depending on the type of facility. Oil and other hazardous liquids pipelines that cross borders are authorized by the U.S. Department of State. Natural gas pipeline border crossings are authorized by the Federal Energy Regulatory Commission. Electricity transmission facilities are authorized by the Department of Energy. CRS has identified over 100 operating or proposed oil, natural gas, and electric transmission facilities crossing the U.S.-Mexico or U.S.-Canada border. \nThe authority for federal agencies to review applications and issue Presidential Permits for oil pipelines comes from a series of executive orders. These executive orders have been upheld by the courts as legitimate exercises of the President\u2019s constitutional authority over foreign affairs as well as his authority as Commander in Chief. It is worth noting, however, that Congress has enacted statutes applying to cross-border natural gas and electric transmission facilities that require developers of such projects to apply for authorization from executive branch agencies. \nIn recent years, in the context of the Presidential Permit application for the proposed Keystone XL crude oil pipeline project, Congress has attempted to modify the permitting process for border crossing energy facilities. An Executive Memorandum issued on January 24, 2017, by President Trump inviting TransCanada Corp. to resubmit its Presidential Permit application and pledging expedited review of a resubmitted application for the Keystone XL border crossing facility appears likely to reduce any need for legislative action in order to authorize the border crossing for the Keystone XL pipeline. However, Congress remains interested in overhauling the existing permitting framework, which was created exclusively by the executive branch, in favor of a framework which would be established by statute.",
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          "id": 4840,
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    {
      "source": "EveryCRSReport.com",
      "id": 425247,
      "date": "2013-10-29",
      "retrieved": "2016-04-06T20:53:23.994120",
      "title": "Presidential Permits for Border Crossing Energy Facilities",
      "summary": "Controversy over the proposed Keystone XL pipeline project has focused attention on the existing U.S. requirements for authorization to construct and operate pipelines and other energy infrastructure at international borders. For the most part, developers are required to obtain a Presidential Permit for border crossing facilities. The agency responsible for reviewing applications and issuing Presidential Permits varies depending on the type of facility. Oil and other hazardous liquids pipelines that cross borders are authorized by the U.S. Department of State. Natural gas pipeline border crossings are authorized by the Federal Energy Regulatory Commission. Electricity transmission facilities are authorized by the Department of Energy. CRS has identified over 100 operating or proposed oil, natural gas, and electric transmission facilities crossing the U.S.-Mexico or U.S.-Canada border. \nThe authority for federal agencies to review applications and issue Presidential Permits for oil pipelines comes from a series of executive orders. These executive orders have been upheld by the courts as legitimate exercises of the President\u2019s constitutional authority over foreign affairs as well as his authority as Commander in Chief. It is worth noting, however, that Congress has enacted statutes applying to cross-border natural gas and electric transmission facilities that require developers of such projects to apply for authorization from executive branch agencies. \nIn recent years, in the context of the Presidential Permit application for the proposed Keystone XL crude oil pipeline project, Congress has acted to modify the State Department permitting process. Legislation proposed in the 112th and 113th Congresses has been, for the most part, directed at Presidential Permit authority only with respect to the Keystone XL project\u2014although such legislation could set a precedent for Congress to assert authority over cross border energy infrastructure permits more broadly. However, the North American Energy Infrastructure Act (H.R. 3301) would change presidential permitting for all border crossing energy infrastructure. What practical effects any of these legislative proposals would have on the review and approval of future border crossing energy infrastructure projects is the subject of ongoing debate.",
      "type": "CRS Report",
      "typeId": "REPORTS",
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      "topics": [
        {
          "source": "IBCList",
          "id": 2913,
          "name": "Electric Power Sector"
        },
        {
          "source": "IBCList",
          "id": 4402,
          "name": "Energy Law and Policy"
        }
      ]
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  ],
  "topics": [
    "Constitutional Questions",
    "Energy Policy"
  ]
}