Executive Order 13337: Issuance of Permits With Respect to Certain Energy-Related Facilities and Land Transportation Crossings on the International Boundaries of the United States

President: George W. Bush

Delegated review of applications for certain cross-border energy facilities and land transportation crossings, subject to presidential permit authority.

Status: Revoked — by EO 13867.

Is Executive Order 13337 still in effect? No. EO 13867 revoked it.

What does Executive Order 13337 do?

EO 13867 expressly revoked EO 13337 in April 2019 and set a revised presidential-permit process.

Administration position: The successor altered executive permit procedures; it did not automatically cancel all previously issued permits or dispense with applicable environmental and safety laws.
SignedApril 30, 2004
Original directionDelegated review of applications for certain cross-border energy facilities and land transportation crossings, subject to presidential permit authority.
Later evidenceEO 13867 expressly revoked EO 13337 in April 2019 and set a revised presidential-permit process.
Review dateSeptember 26, 2026

Before and after

Before the order

Applications for facilities at international borders required executive review involving foreign-policy and agency input.

After the order

EO 13867 expressly revoked EO 13337 in April 2019 and set a revised presidential-permit process.

The successor altered executive permit procedures; it did not automatically cancel all previously issued permits or dispense with applicable environmental and safety laws.

Who had to do what

Source: Signed Federal Register text.
Agency / officeActionTiming / position
Secretary of StateReceive and evaluate covered international-border facility permit applications; obtain necessary information and required agency views and assistance, including the United States Boundary and Water Commission commissioner for Mexico. May consult other officials and governments, seek public comments, and issue procedural rules. Determine whether a permit serves the national interest; prepare a proposed permit with terms or proposed denial and notify required consulting officials. Issue or deny the permit unless an official requests presidential referral; consult that official and refer unresolved cases with agency views to the President.Agency consultation generally allows 90 days, excluding time awaiting requested necessary information; allow 15 days after notification for a required official’s presidential-referral request.
Secretary of DefenseProvide views and assistance on a covered border-facility permit application when requested by the Secretary of State. May request referral to the President if disagreeing with the proposed permit or denial.Views within 90 days of the request, excluding the interval between requesting necessary additional information and receiving it; referral request within 15 days of notice of the proposed decision.
Attorney GeneralProvide views and assistance on a covered border-facility permit application when requested by the Secretary of State. May request referral to the President if disagreeing with the proposed permit or denial.Views within 90 days of the request, excluding the interval between requesting necessary additional information and receiving it; referral request within 15 days of notice of the proposed decision.
Secretary of the InteriorProvide views and assistance on a covered border-facility permit application when requested by the Secretary of State. May request referral to the President if disagreeing with the proposed permit or denial.Views within 90 days of the request, excluding the interval between requesting necessary additional information and receiving it; referral request within 15 days of notice of the proposed decision.
Secretary of CommerceProvide views and assistance on a covered border-facility permit application when requested by the Secretary of State. May request referral to the President if disagreeing with the proposed permit or denial.Views within 90 days of the request, excluding the interval between requesting necessary additional information and receiving it; referral request within 15 days of notice of the proposed decision.
Secretary of TransportationProvide views and assistance on a covered border-facility permit application when requested by the Secretary of State. May request referral to the President if disagreeing with the proposed permit or denial.Views within 90 days of the request, excluding the interval between requesting necessary additional information and receiving it; referral request within 15 days of notice of the proposed decision.
Secretary of EnergyProvide views and assistance on a covered border-facility permit application when requested by the Secretary of State. May request referral to the President if disagreeing with the proposed permit or denial.Views within 90 days of the request, excluding the interval between requesting necessary additional information and receiving it; referral request within 15 days of notice of the proposed decision.
Secretary of Homeland SecurityProvide views and assistance on a covered border-facility permit application when requested by the Secretary of State. May request referral to the President if disagreeing with the proposed permit or denial.Views within 90 days of the request, excluding the interval between requesting necessary additional information and receiving it; referral request within 15 days of notice of the proposed decision.
Administrator of the Environmental Protection AgencyProvide views and assistance on a covered border-facility permit application when requested by the Secretary of State. May request referral to the President if disagreeing with the proposed permit or denial.Views within 90 days of the request, excluding the interval between requesting necessary additional information and receiving it; referral request within 15 days of notice of the proposed decision.
United States Commissioner, International Boundary and Water CommissionProvide views and assistance on a covered border-facility permit application when requested by the Secretary of State for a facility on the United States–Mexico boundary. May request referral to the President if disagreeing with the proposed permit or denial.Views within 90 days of the request, excluding the interval between requesting necessary additional information and receiving it; referral request within 15 days of notice of the proposed decision.
Other consulted federal officialsProvide requested views and assistance on covered permit applications.Within 90 days of the request, excluding time awaiting necessary additional information.
Later actionEO 13867 expressly revoked EO 13337 in April 2019 and set a revised presidential-permit process.April 10, 2019

What happened next

EO 13337 signed.

EO 13867 expressly revoked EO 13337 in April 2019 and set a revised presidential-permit process.