Presidential Document2026-07717
Authorizing Bakken Pipeline Company LP To Operate and Maintain Existing Pipeline Facilities at Burke 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
April 20, 2026
Signed
April 15, 2026
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 91 Issue 75 (Monday, April 20, 2026)</title>
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[Federal Register Volume 91, Number 75 (Monday, April 20, 2026)]
[Presidential Documents]
[Pages 21213-21215]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-07717]
Presidential Documents
Federal Register / Vol. 91, No. 75 / Monday, April 20, 2026 /
Presidential Documents
[[Page 21213]]
Presidential Permit of April 15, 2026
Authorizing Bakken Pipeline Company LP To Operate
and Maintain Existing Pipeline Facilities at Burke
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 Bakken Pipeline Company
LP. (the ``permittee''). The permittee is a limited
partnership organized under the laws of the State of
Delaware and is a subsidiary of Enbridge Inc., a
corporation organized under the laws of Canada.
Permission is hereby granted to the permittee to
operate and maintain pipeline Border facilities, as
described herein, at the international border of the
United States and Canada near Portal, 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).
This permit supersedes and revokes the Presidential
permit issued previously, dated April 8, 1996.
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 12-
inch diameter pipeline in existence at the time of this
permit extending from the international border between
the United States and Canada near Portal, North Dakota,
to and including the first mainline shut-off valve or
pumping station in the United States located
approximately 0.5 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
[[Page 21214]]
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 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 21215]]
requests could include, for example, 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.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
[FR Doc. 2026-07717
Filed 4-17-26; 11:15 am]
Billing code 4710-10-P
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</html>Indexed from Federal Register on April 20, 2026.
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