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EO 13867Executive OrderTrump 45 · R Quiet signal

Executive Order 13867

Issuance of Permits With Respect to Facilities and Land Transportation Crossings at the International Boundaries of the United States

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In simple terms

This executive order streamlines the Presidential permitting process for cross-border infrastructure projects like pipelines, bridges, and land transportation crossings. It designates the Secretary of State to receive applications and sets 60-day and 30-day deadlines for agency reviews, while reserving final permit decisions exclusively for the President. The order revokes two previous executive orders (13337 and 11423) governing similar permits.

Federal Register Open PDF 84 FR 15491

Record & deadlines

  1. Signed

    Signed by the President

  2. FR published

    Published in the Federal Register · 84 FR 15491

    Federal Register PDF

  3. State Department completes regulatory review and changes for consistency with EO

  4. State Department adoption of procedures for 60-day permit processing

  5. Agency heads provide requested opinions to President

  6. State/tribal/local/foreign government responses to State Department requests

Key directives

  • Secretary of State shall adopt procedures to complete all permit actions within 60 days of application receipt
  • Agency heads must provide requested opinions within 30 days of Presidential request
  • State, tribal, local, and foreign government responses sought within 30 days
  • State Department shall review and revise regulations for consistency by May 29, 2020
  • All permit decisions reserved solely to the President
  • Executive Orders 13337 and 11423 revoked

Who is ordered

Prior policy

  • revokeExecutive Order 13337 of April 30, 2004 (Issuance of Permits With Respect to Certain Energy-Related Facilities and Land Transportation Crossings on the International Boundaries of the United States)
  • revokeExecutive Order 11423 of August 16, 1968 (Providing for the Performance of Certain Functions Heretofore Performed by the President With Respect to Certain Facilities Constructed and Maintained on the Borders of the United States), as amended

Related orders

  • revokesEO 13337
  • revokesEO 11423
  • referencesEO 10485
  • referencesEO 10530

What to expect

Immediate

  • Secretary of State designated as sole receiver of cross-border infrastructure permit applications
  • Revocation of Executive Orders 13337 and 11423
  • Existing permits remain in force

Near term (90d)

  • State Department adoption of streamlined procedures for 60-day application processing

Long term

  • State Department regulatory review and revision by May 29, 2020
  • Accelerated permitting for future cross-border infrastructure projects

Risks & tensions

  • 60-day processing timeline may conflict with environmental review requirements under NEPA or other statutes; EO states 'consistent with applicable law' but tension remains
  • Centralization in State Department reduces role of other agencies with technical expertise; 'as the President may deem necessary' language preserves presidential discretion over interagency involvement
  • Exclusion of electric power and natural gas facilities (covered by EO 10485) creates bifurcated permitting regime
  • Sole presidential decision-making could politicize individual permits regardless of streamlined process
  • Vague 'as soon as practicable' in section 2(d) introduces uncertainty into timeline before 30-day agency clock begins
Executive Order 13867: Issuance of Permits With Respect to Facilities and Land Transportation Crossings at the International Boundaries of the United States · Executive Orders