Presidential Memoranda
April 15 2026
PRESIDENTIAL AUTHORIZATION: AUTHORIZATION TO BAKKEN PIPELINE COMPANY LP TO OPERATE AND MAINTAIN EXISTING PIPELINE FACILITIES IN BURKE COUNTY, NORTH DAKOTA, ON THE INTERNATIONAL BORDER BETWEEN THE UNITED STATES AND CANADA
By virtue of the authority vested in me as President of the United States of America, I hereby grant this Presidential License, subject to the terms and conditions set forth below, to Bakken Pipeline Company LP, hereinafter referred to as “the Licensee.” The Licensee is a limited liability 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. Licensee is hereby authorized to operate and maintain a transboundary pipeline facility, as described herein, on the international border of the United States and Canada, near Portal, North Dakota, for the transportation between the United States and Canada of crude oil and petroleum products of all kinds, refined or unrefined, including, but not limited to, naphtha, liquefied petroleum gas, natural gas liquids, jet fuel, gasoline, kerosene, and diesel fuel, but not natural gas subject to section 3 of the Natural Gas Act, as amended.
This permit replaces and revokes the previous presidential permit issued on April 8, 1996.
This permit does not affect the application of any other relevant laws and regulations. As confirmed in Article 2 of this permit, cross-border facilities will continue to be subject to all such laws and regulations.
The term “Facilities,” as used in this license, means the portion, within the United States, of the international pipeline project related to the licensee’s January 16, 2026 application to amend its existing license, as well as any land, structure, facility or equipment associated therewith.
The term “Transboundary Facilities,” as used in this permit, means those portions of the Facilities consisting of a 12-inch diameter pipeline, existing at the time of issuance of this permit, extending from the international border between the United States and Canada, near Portal, North Dakota, to the first main shut-off valve or first pumping station within the United States, which is located approximately 0,5 miles from the international border, and any land, structures, facilities or equipment associated therewith.
This license is subject to the following conditions:
Article 1. The cross-border facilities described herein, and every aspect of their operation, shall be subject to all terms, provisions and requirements of this permit and any subsequent presidential amendment thereto. The licensee shall not make any material change to the cross-border facilities, their location or the operation permitted by this permit, unless the President has approved such change by amendment to this permit or by a new permit. Such material changes shall not include, and the licensee may make, changes to the average daily capacity of the cross-border facilities in any volume of products that may be carried therethrough, or to the direction of flow of any such products.
Article 2. The standards, as well as the manner of operation and maintenance of the transboundary facilities, shall be subject to inspection by representatives of the appropriate federal, state, and local authorities. Officers and employees of such authorities, duly authorized and acting in the performance of their official duties, shall have free and unrestricted access to the transboundary facilities by the licensee. The transboundary facilities, including their operation and maintenance, shall be subject to all applicable laws and regulations, including pipeline safety laws and regulations promulgated or enforced by the Pipeline and Hazardous Materials Safety Administration of the United States Department of Transportation. Licensee shall obtain the necessary permits from the appropriate state, local, and federal agencies.
Article 3. In the event of expiration, revocation or surrender of this license, unless otherwise determined by the President, the licensee shall, at his own expense, remove the transboundary facilities within the time specified by the President. If the licensee fails to comply with an order of removal or other appropriate action with respect to the transboundary facilities, the President may direct an appropriate officer or agency to take possession of the facilities or to remove them or to take other action, at the licensee’s expense. The licensee shall have no claim for compensation for damages resulting from such possession, removal or other action.
Article 4. When, in the judgment of the President, the national security of the United States requires entry into and occupation of all or part of the transboundary facilities, and the retention of possession, management, or control thereof for such period as the President determines necessary, the United States shall have the right to do so, provided that the President or his authorized representative shall have given due notice to the licensee. The United States shall also have the right to restore possession and control to the licensee thereafter. In the event that the United States exercises the rights described in this Article, it shall pay the licensee fair and reasonable compensation for the use of the transboundary facilities, based on a reasonable profit under normal circumstances, and shall bear the cost of restoring the facilities to their previous condition, less the fair value of any improvements that may have been made by the United States.
Article 5. Any transfer of ownership or control of the cross-border facilities or any part thereof, as well as any change in the name of the licensee, shall be notified immediately in writing to the President or his authorized representative and shall include information identifying the transferee. Notwithstanding such transfers or changes, this license shall remain in effect, subject to all its terms, permits and requirements, as well as any amendments thereto.
Article 6.
- The licensee is responsible for obtaining any right-of-way or easement concessions, permits and other approvals that may become necessary or appropriate.
- The licensee shall release and indemnify the United States from any claimed or awarded liability arising from the operation or maintenance of the transboundary facilities, including environmental pollution from the release, threatened release, or disposal of hazardous substances or hazardous wastes.
- To ensure the safe operation of the cross-border facilities, the licensee shall maintain them, as well as any part thereof, in a state of good repair and in compliance with applicable law.
Article 7. The licensee shall submit to the President or his authorized representative, and to the appropriate agencies, any affidavit or report concerning the transboundary facilities or its activities and operations in connection therewith, as is now or may hereafter be required by any law or regulation of the United States Government or its agencies. Such reporting obligations do not alter the intent of this license to operate as a directive issued solely by the President.
Article 8. Upon request, the licensee shall provide appropriate information to the President or his authorized representative regarding the cross-border facilities. Such requests may include, but are not limited to, information regarding the current conditions or anticipated changes in the ownership or control, operation or maintenance of the cross-border facilities.
Article 9. This license is not intended to and does not create any right or benefit, substantive or procedural, enforceable at law or in tort, by any party against the United States, its departments, agencies, or instrumentalities, their officers, employees, or agents, or any other person.
IN CREDIT OF THE ABOVE, I have hereunto set my hand this fifteenth day of April, in the year of our Lord two thousand and twenty-six, and of the independence of the United States of America the two hundred and fiftieth.
DONALD J TRUMP
Photo By Daniel Torok – White HouseFacebook, Public Domain, https://commons.wikimedia.org/w/index.php?curid=166661524, https://el.wikipedia.org/wiki/
