Under the authority granted to me as President of the United States (the “President”), I issue this Presidential permit to Enbridge Energy, Limited Partnership (the “permittee”), subject to specified conditions. The permittee, a limited partnership governed by Delaware’s laws, is an indirect subsidiary of Enbridge Inc., a Canadian corporation. The permit authorizes the operation and maintenance of existing pipeline facilities at the U.S.-Canada border near Neche, Pembina County, North Dakota. These facilities will transport various crude oil and petroleum products, refined or unrefined, between the United States and Canada, excluding natural gas regulated under section 3 of the Natural Gas Act (15 U.S.C. 717b).
This permit replaces and nullifies the previous Presidential permit dated October 13, 2017. Refer to 82 Fed. Reg. 53553 (Nov. 16, 2017) (Notice of Issuance of a Presidential Permit to Enbridge Energy, Limited Partnership).
The permit does not alter the relevance of any applicable laws and regulations. As stated in Article 2, the Border facilities will continue to be governed by all such laws and regulations.
The term “Facilities” in this permit refers to the part of the international pipeline project within the United States, linked to the permittee’s January 16, 2026, application for an amendment to its current permit, including any associated land, structures, installations, or equipment.
“Border facilities” refers to parts of the Facilities, comprising a 36-inch diameter pipeline existing at the time this permit is issued, extending from the U.S.-Canada border near Neche, Pembina County, North Dakota, to the first mainline shut-off valve or pumping station in the U.S., located about 3 miles from the border, including any related land, structures, installations, or equipment.
This permit is governed by the following conditions:
Article 1. The described Border facilities and all operational aspects must comply with all permit conditions, provisions, and requirements, including any future Presidential amendments. The permittee must not make substantial changes to the Border facilities, their location, or operations authorized by this permit without Presidential approval in an amendment or a new permit. Permissible changes include adjustments to the average daily throughput capacity and the directional flow of products.
Article 2. The operation and maintenance standards for the Border facilities are subject to inspection by authorized Federal, State, and local agencies. Authorized officers and employees performing official duties will have unrestricted access to the Border facilities. The facilities and their operations must adhere to all applicable laws and regulations, including those related to pipeline safety as administered by the Pipeline and Hazardous Materials Safety Administration of the U.S. Department of Transportation. The permittee must secure necessary permits from relevant State, local, and Federal agencies.
Article 3. Upon termination, revocation, or surrender of this permit, unless directed otherwise by the President, the permittee is responsible for removing the Border facilities at its expense within the timeframe specified by the President. If the permittee fails to comply, the President may authorize an official or agency to take possession or remove the facilities at the permittee’s expense, with no claim for damages by the permittee.
Article 4. For national security reasons, the President may authorize the United States to take possession, management, or control of any Border facilities, given due notice to the permittee. The U.S. can later restore possession and control to the permittee. The United States will compensate the permittee for the use of such facilities, based on reasonable profit under normal conditions, and cover the restoration costs, minus the value of any improvements made by the U.S.
Article 5. Any transfer of ownership or control of the Border facilities, or any change to the permittee’s name, must be immediately reported in writing to the President or his designee, including information about any transferee. Despite such changes, this permit remains in effect under its conditions and requirements unless terminated, revoked, or amended by the President.
Article 6. (1) The permittee is responsible for obtaining necessary right-of-way grants, easements, permits, and other authorizations.
(2) The permittee must indemnify the United States against any liability claims arising from the operation or maintenance of the Border facilities, including environmental contamination from hazardous substances or waste.
(3) To ensure safe operation, the permittee must maintain the Border facilities in good repair and compliance with applicable laws.
Article 7. The permittee must file required sworn statements or reports with the President or his designee, and relevant agencies, regarding the Border facilities or related activities, as mandated by U.S. law or regulations. These reporting duties do not alter the intent that this permit serves as a Presidential directive.
Article 8. Upon request, the permittee must provide the President or his designee with relevant information about the Border facilities, including current conditions or expected changes in ownership, control, operation, or maintenance.
Article 9. This permit does not create any enforceable rights or benefits, substantive or procedural, against the United States or its entities, officers, employees, 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.
DONALD J. TRUMP
