Presidential Document2025-12510
Authorizing South Bow (USA) LP To Operate and Maintain Pipeline Facilities at Cavalier County, North Dakota, at the International Boundary Between the United States and Canada
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 3, 2025
Signed
June 30, 2025
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 90 Issue 126 (Thursday, July 3, 2025)</title>
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[Federal Register Volume 90, Number 126 (Thursday, July 3, 2025)]
[Presidential Documents]
[Pages 29405-29407]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12510]
Presidential Documents
Federal Register / Vol. 90 , No. 126 / Thursday, July 3, 2025 /
Presidential Documents
[[Page 29405]]
Presidential Permit of June 30, 2025
Authorizing South Bow (USA) LP To Operate and
Maintain Pipeline Facilities at Cavalier County, North
Dakota, at the International Boundary Between the
United States and Canada
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 South Bow (USA) LP (the
``permittee''). The permittee is a limited partnership,
organized under the laws of the State of Delaware and
owned by affiliates of South Bow Corporation, a
Canadian public company 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 at Cavalier
County, North Dakota, for the transport between the
United States and Canada of all hydrocarbons and
petroleum products of every description, refined or
unrefined (inclusive of, but not limited to, crude oil,
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 supersedes and revokes the Presidential
permit issued previously, dated July 29, 2020. See 85
Fed. Reg. 47005 (Aug. 3, 2020) (notice of Presidential
permit).
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
November 6, 2024, 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 30-
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 Cavalier
County, North Dakota, to and including the first
mainline shut-off valve or pumping station in the
United States, 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
[[Page 29406]]
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
[[Page 29407]]
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
thirtieth day of June, in the year of our Lord two
thousand twenty-five, and of the Independence of the
United States of America the two hundred and forty-
ninth.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
[FR Doc. 2025-12510
Filed 7-2-25; 8:45 am]
Billing code 4710-10-P
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</html>Indexed from Federal Register on July 3, 2025.
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