View the Original .pdfThe 1-Minute Brief
What: This Presidential Permit authorizes Steel Reef US Pipelines LLC to operate and maintain an existing 8.625-inch pipeline at the U.S.-Canada border in Burke County, North Dakota. The pipeline is used for exporting natural gas liquids (NGLs) from the United States to Canada.
Money: The permit itself does not appropriate new federal funds. However, it enables the continued operation of a commercial pipeline, which has economic value for the permittee, Steel Reef US Pipelines LLC, a subsidiary of the Canadian corporation Steel Reef Infrastructure Corp. The document does not specify a CBO score or direct cost to the government, but it requires the permittee to bear all costs associated with the pipeline's operation, maintenance, and potential removal.
Your Impact: For the average American, the direct impact is minimal. The permit primarily affects a private company and the energy sector, ensuring the continued flow of natural gas liquids to Canada. It may have localized economic benefits in Burke County, North Dakota, related to the pipeline's operation.
Status: This Presidential Permit was granted and signed on June 30, 2025, and is now in effect.
What's Actually in the Bill
This Presidential Permit grants official authorization from the President of the United States to a company named Steel Reef US Pipelines LLC to operate and maintain its existing pipeline facilities located at the international boundary in Burke County, North Dakota. The core function of this permit is to allow the continued export of natural gas liquids (NGLs) to Canada through this specific pipeline. The permit explicitly excludes the transport of natural gas, which is regulated under a different law.
Core Provisions:
- Authorization: Grants Steel Reef US Pipelines LLC the right to operate and maintain the "Border facilities," defined as the U.S. portion of the 8.625-inch diameter pipeline at the U.S.-Canada border in Burke County, North Dakota.
- Scope of Product: The permit is for the export of natural gas liquids only.
- Operational Flexibility: The permittee can change the daily throughput capacity and the directional flow of the products without needing a new permit.
- Federal Oversight: The pipeline's operations are subject to inspection and regulation by all relevant federal, state, and local agencies, including the Pipeline and Hazardous Materials Safety Administration (PHMSA).
- No Substantial Changes: Any significant modification to the pipeline's facilities or location requires a new or amended Presidential permit.
- National Security Clause: The U.S. government reserves the right to take possession of the facilities if deemed necessary for national security, with just compensation paid to the permittee.
- Liability: The permittee must indemnify the United States against any liability arising from the pipeline's construction, operation, or maintenance.
Stated Purpose (from the Sponsors):
The document is a grant of authority from the President, not a sponsored bill with stated objectives in the legislative sense. Its purpose is to provide the necessary executive permission for the operation of a cross-border pipeline, a power rooted in the President's constitutional authority over foreign affairs. The permit is a response to the permittee's application from February 23, 2022, to amend a previous permit.
Key Facts:
Affected Sectors: Energy, specifically the oil and gas pipeline industry.
Timeline: The permit was signed on June 30, 2025, and is effective immediately. It authorizes the continued operation of an existing pipeline.
Scope: The permit is specific to the U.S. portion of a single pipeline crossing at the border between Burke County, North Dakota, and Canada.
The Backstory: How We Got Here
Timeline of Events:
The Era of Presidential Permitting (1960s-Present):
The requirement for a Presidential Permit for cross-border energy infrastructure stems from the President's inherent constitutional authority over foreign affairs and as Commander in Chief. Since the 1960s, a series of executive orders have delegated this authority to various federal agencies to manage the review and issuance of permits for projects like pipelines and electrical transmission lines.
- Executive Order 11423 (1968): President Lyndon B. Johnson delegated the authority to the State Department to review and issue permits for liquid petroleum pipelines.
- Executive Order 13337 (2004): President George W. Bush amended the process to expedite reviews for energy projects.
- Executive Order 13867 (2019): President Donald Trump revoked the previous orders, streamlining the process by having the President make the final decision directly, based on a recommendation from the Secretary of State regarding foreign policy interests. This permit for Steel Reef is issued under this new framework where the President is the sole decision-maker.
Why Now? The Political Calculus:
- Routine Regulatory Action: This permit is for an existing pipeline, making it a less controversial and more routine regulatory action compared to the construction of a new pipeline like the Keystone XL. The permit consolidates and clarifies previous authorizations the company received.
- Energy Export Policy: The issuance aligns with a broader policy of promoting U.S. energy exports and infrastructure. The Trump administration has consistently sought to expedite the permitting process for such projects, framing it as a way to boost the economy and ensure energy security.
- Streamlined Process: The action reflects the implementation of Executive Order 13867, which centralizes the final permitting decision with the President. This avoids lengthy inter-agency reviews that have historically delayed or derailed controversial projects.
Your Real-World Impact
The Direct Answer: This action directly affects a specific company and the energy industry, with minimal immediate impact on most Americans.
What Could Change for You:
Potential Benefits:
- For residents of Burke County, North Dakota, the continued operation of the pipeline could support a small number of local jobs and generate local tax revenue.
- The permit supports the broader U.S. energy export market, which proponents argue contributes to national energy independence and economic growth.
Possible Disruptions or Costs:
Short-term (1-2 years):
- There are no new construction or immediate changes authorized by this permit, so short-term disruptions are unlikely. The primary risk is environmental, associated with any pipeline's operation, such as potential leaks. The permit requires the operator to adhere to all safety and environmental regulations.
Long-term:
- The permit ensures a specific cross-border route for NGL exports remains active, contributing to the long-term infrastructure supporting the North American energy trade.
Who's Most Affected:
Primary Groups: Steel Reef US Pipelines LLC and its parent company, Steel Reef Infrastructure Corp. Also, the Canadian entities that receive the natural gas liquids.
Secondary Groups: Businesses in the NGL supply chain, and residents in the immediate vicinity of the pipeline in Burke County.
Regional Impact: The impact is highly localized to Burke County, North Dakota, and the corresponding region in Saskatchewan, Canada.
Bottom Line: This permit allows a company to continue exporting a specific energy product to Canada through an existing pipeline, a decision with negligible direct effect on the daily lives of average Americans outside the immediate area.
Where the Parties Stand
Republican Position: "Promoting Energy Infrastructure"
Core Stance: Generally supportive of expediting and approving energy infrastructure projects like pipelines to enhance energy independence and economic growth.
Their Arguments:
- ✓ Supports the efficient permitting of energy projects to bolster the U.S. as a dominant energy producer.
- ✓ Views these projects as crucial for job creation and strengthening trade relationships with allies like Canada.
- ✓ Applauds a streamlined regulatory process that removes bureaucratic hurdles.
Legislative Strategy: The strategy is embodied in the executive action itself, which uses the authority established under E.O. 13867 to approve the permit without congressional action. The party generally favors legislation that would further speed up permitting for energy projects.
Democratic Position: "Prioritizing Climate and Environment"
Core Stance: Generally cautious or opposed to new fossil fuel infrastructure, prioritizing a transition to renewable energy and emphasizing stringent environmental reviews.
Their Arguments:
- ✓ Would likely support the provisions requiring strict adherence to safety and environmental regulations.
- ⚠️ Would raise concerns about the long-term implications of locking in fossil fuel infrastructure and the risks of spills or leaks.
- ✗ Opposes streamlined review processes that might bypass thorough environmental impact assessments and public comment, as seen in the broader debate over pipeline permitting.
Legislative Strategy: The party generally uses its oversight authority to scrutinize such permits and advocates for restoring more rigorous environmental review processes, similar to those that were in place before recent executive orders. They often push for legislation that invests in clean energy infrastructure as an alternative.
Constitutional Check
The Verdict: ✓ Constitutional
Basis of Authority:
The President's authority to issue permits for cross-border pipelines is not explicitly listed in the Constitution but is derived from the President's inherent powers over foreign affairs and their role as Commander in Chief, as established by the U.S. Supreme Court.
Relevant Portion of the Constitution (Article II, Section 2): "[The President] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors..." (This section, along with the President's role as the nation's chief executive, forms the basis for their authority in foreign relations.)
Constitutional Implications:
[Legal Principle]: The issuance of this permit is an exercise of the President's executive authority in the realm of foreign policy and international commerce. Courts have consistently upheld that the regulation of cross-border infrastructure falls within this presidential power.
[Precedent]: A long series of executive orders dating back to the 1960s has established the practice of requiring Presidential Permits for such facilities. The process has been delegated to agencies in the past, but recent executive orders have reclaimed the final decision-making authority for the President.
[Federalism]: The permit acknowledges the role of state and local agencies, requiring the permittee to obtain all necessary state and local permits and comply with their regulations. It does not overstep into powers reserved for the states but rather exercises a uniquely federal power related to international borders.
Potential Legal Challenges:
Legal challenges to this specific permit are unlikely, as it authorizes the continued operation of an existing, rather than new, facility. Broader legal challenges typically focus on the environmental review process (under the National Environmental Policy Act) for new projects or argue that the executive branch is overstepping its authority. However, because the President is acting directly based on foreign affairs powers, such challenges to the permit's issuance face a high legal barrier.
Your Action Options
TO SUPPORT THIS ACTION
5-Minute Actions:
- Contact the White House: Express your support for the Presidential Permit for the Steel Reef pipeline and the administration's energy export policies.
- Post on Social Media: Share news articles about the permit and express your support for energy infrastructure projects.
30-Minute Deep Dive:
- Write a Letter to the Editor: Submit a letter to your local newspaper explaining the economic and energy security benefits of such projects.
- Join an Organization: Join and support advocacy groups that promote energy infrastructure and U.S. energy exports.
TO OPPOSE THIS ACTION
5-Minute Actions:
- Contact the White House: Express your opposition to the permit and advocate for policies that prioritize renewable energy over fossil fuels.
- Post on Social Media: Share information from environmental groups about the risks of pipelines and the need for a transition to clean energy.
30-Minute Deep Dive:
- Submit Public Comments on Similar Projects: While this permit is issued, agencies like the Department of Energy and FERC regularly seek public comment on other proposed energy projects.
- Join an Organization: Join and support environmental advocacy groups that oppose new fossil fuel infrastructure and campaign for stronger environmental regulations.