Exercising the authority granted to me as President of the United States of America (hereafter referred to as the “President”), I hereby issue this Presidential permit to Steel Reef US Pipelines LLC (the “permittee”), contingent upon the conditions outlined herein. The permittee is a limited liability corporation established under the laws of Delaware and is owned by affiliates of Steel Reef Infrastructure Corp., a privately held corporation incorporated under Canadian law. This permit authorizes the permittee to operate and maintain existing pipeline Border facilities, as detailed below, located at the U.S.-Canada border in Burke County, North Dakota, specifically for the export of natural gas liquids from the United States into Canada—excluding natural gas as defined under section 3 of the Natural Gas Act (15 U.S.C. 717b).
It is important to note that this permit does not alter the applicability of any pertinent laws and regulations. As stated in Article 2 of this permit, the Border facilities will continue to adhere to all relevant legal frameworks.
The term “Facilities” refers to the U.S. segment of the international pipeline project linked to the permittee’s application for an amendment submitted on February 23, 2022, along with any associated land, structures, installations, or equipment.
In this context, “Border facilities” specifically denotes the components of the Facilities consisting of an 8.625-inch diameter pipeline, which was operational at the time of this permit’s issuance, extending from the international border between the United States and Canada in Burke County, North Dakota, to the first mainline shut-off valve or pumping station on the U.S. side, along with any related land, structures, installations, or equipment.
This permit comes with the following stipulations:
Article 1. The Border facilities described herein, along with all operational aspects, must comply with all conditions, provisions, and requirements set forth in this permit and any future Presidential amendments. The permittee is prohibited from making substantial changes to the Border facilities, their location, or the operations authorized by this permit without prior presidential approval through an amendment or a new permit. However, the permittee is permitted to adjust the daily throughput capacity of the Border facilities to any volume of products achievable through these facilities, as well as the directional flow of those products.
Article 2. The operation and maintenance standards for the Border facilities will be subject to inspection by authorized representatives from relevant Federal, State, and local agencies. Authorized officials from these agencies will be granted unrestricted access to the Border facilities. All operations and maintenance of the Border facilities must comply with applicable laws, including pipeline safety regulations overseen by the Pipeline and Hazardous Materials Safety Administration of the U.S. Department of Transportation. The permittee must also secure the necessary permits from relevant State and local governmental bodies, as well as pertinent Federal agencies.
Article 3. Upon termination, revocation, or surrender of this permit, unless otherwise directed by the President, the permittee is responsible for removing the Border facilities at their own expense within a timeline specified by the President. Should the permittee fail to comply with such an order, the President may authorize an appropriate official or agency to take possession of the Border facilities or undertake their removal, with costs incurred charged to the permittee. The permittee waives any claims for damages resulting from such possession or removal.
Article 4. If the President deems it necessary for national security purposes to take possession of any portion of the Border facilities, the United States reserves the right to do so, provided that the permittee is given timely notice. The government may subsequently restore possession to the permittee. In such cases, the United States will compensate the permittee fairly for the use of the Border facilities, based on a reasonable profit under normal conditions, and will cover the costs of restoring the facilities to their prior state, accounting for any improvements made by the U.S. government.
Article 5. Any transfer of ownership or control of the Border facilities, or alterations to the permittee’s name, must be promptly communicated in writing to the President or his designee, detailing any transferee’s information. Despite such changes, this permit remains effective under all its conditions, permissions, and requirements, including any amendments.
Article 6. (1) The permittee is tasked with obtaining all necessary right-of-way grants, easements, permits, and other authorizations deemed necessary or appropriate.
(2) The permittee shall indemnify and hold the United States harmless from any claims or liabilities arising from the construction, connection, operation, or maintenance of the Border facilities, including any environmental contamination resulting from hazardous substance releases.
(3) To ensure the safe operation of the Border facilities, the permittee must maintain them in good repair and in compliance with all applicable laws.
Article 7. The permittee is obliged to file sworn statements or reports regarding the Border facilities and the permittee’s operations with the President or his designee and relevant agencies as required by U.S. law or regulation. These reporting obligations do not modify the directive nature of this permit issued by the President.
Article 8. Upon request, the permittee must provide relevant information to the President or his designee concerning the Border facilities. Such requests may pertain to current conditions or any anticipated changes in ownership, construction, connection, operation, or maintenance of the Border facilities.
Article 9. This permit does not create any enforceable rights or benefits, substantive or procedural, for any party against the United States, its departments, agencies, or entities, or any of its officers, employees, or agents, or any other individual.
IN WITNESS WHEREOF, I have set my hand on this thirtieth day of June, in the year two thousand twenty-five, marking the two hundred forty-ninth year of our Independence.
