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Authorizing the Alaska to Alberta Railway Development Corporation To Construct, Connect, Operate, and Maintain Railway Facilities at the International Boundary Between the United States and Canada

This presidential permit authorizes a private Canadian corporation to construct and operate railway border facilities crossing the U.S.-Canada international boundary in Alaska, subject to conditions including inspections, national security provisions, indemnification, and a 10-year construction commencement deadline. The permit does not create enforceable legal rights and can be terminated or amended at the President's sole discretion.

Federal Register Open PDF 85 FR 62191

Impact dates

  1. Construction must commence or permit expires

  2. Notice of material non-Canadian foreign investment due (30 days before investment or at agreement, whichever is earlier)

Key directives

  • Grant permit to Alaska to Alberta Railway Development Corporation to construct, connect, operate, and maintain railway border facilities at 63°15'N and 141°W in Alaska
  • Subject border facilities to all applicable laws and regulations including railway safety and CFIUS
  • Require permittee to hold harmless and indemnify U.S. for liability including environmental contamination
  • Require permittee to provide free inspection facilities to CBP and relevant agencies at no cost to U.S.
  • Require written notice of construction start, completion, interruption, or discontinuation
  • Require disclosure of material non-Canadian foreign investment 30 days before investment or at agreement
  • Permit expires if construction not commenced within 10 years

Who is ordered

Timeline

Immediate

  • Permit effective upon issuance
  • Permittee may begin seeking right-of-way grants, easements, and other authorizations

Near term (90d)

  • Permittee must provide notice of any material non-Canadian foreign investment (30 days before investment or at agreement, whichever is earlier)

Long term

  • Construction must commence within 10 years (by September 28, 2030) or permit expires
  • Ongoing compliance with reporting, maintenance, and inspection obligations
  • Potential national security takings under Article 4 conditions

Risks & tensions

  • Permittee is Canadian-registered private corporation; cross-border infrastructure raises potential national security considerations under CFIUS and Article 4
  • Environmental contamination liability fully shifted to private permittee, but enforcement mechanisms unclear if corporation lacks assets
  • 10-year construction deadline creates long runway with no interim milestones; project may stall indefinitely
  • 'Appropriate agencies' for inspection left undefined; potential jurisdictional gaps between federal, state, and local oversight
  • No specific agency designated as President's designee for communications, creating administrative uncertainty
Other: Authorizing the Alaska to Alberta Railway Development Corporation To Construct, Connect, Operate, and Maintain Railway Facilities at the International Boundary Between the United States and Canada · Executive Orders