Authorizing the Alaska to Alberta Railway Development Corporation To Construct, Connect, Operate, and Maintain Railway Facilities at the International Boundary Between the United States and Canada, 62191-62193 [2020-21964]

Agencies

• Executive Office of the President

[Federal Register Volume 85, Number 192 (Friday, October 2, 2020)]
[Presidential Documents]
[Pages 62191-62193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21964]




                        Presidential Documents 



Federal Register / Vol. 85 , No. 192 / Friday, October 2, 2020 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 62191]]

                Presidential Permit of September 28, 2020

                
Authorizing the Alaska to Alberta Railway 
                Development Corporation To Construct, Connect, Operate, 
                and Maintain Railway Facilities at the International 
                Boundary 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 permit, subject to the conditions herein 
                set forth, to the Alaska to Alberta Railway Development 
                Corporation (the ``permittee''). The permittee is a 
                private corporation organized under the laws of the 
                Government of Alberta, Canada, and registered in the 
                State of Alaska. Permission is hereby granted to the 
                permittee to construct, connect, operate, and maintain 
                certain railway Border facilities, as described herein, 
                at the international border of the United States and 
                Canada at Southeast Fairbanks Census Area, Alaska, in 
                the Ladue River Valley at 63[deg]15'N and 141[deg]W, 
                approximately 45 miles due north over land from the 
                Alcan Border Crossing on Alaska Route 2 (also known as 
                the Alaska Highway) and approximately 60 miles due east 
                over land from the town of Tok, Alaska.

                This permit does not affect the applicability of any 
                otherwise relevant laws and regulations. As confirmed 
                in Article 2 below, the Border facilities shall remain 
                subject to all such laws and regulations.

                The term ``Facilities,'' as used in this permit, means 
                the portion in the United States of the ``Alaska to 
                Alberta Railway'' project associated with the 
                permittee's application for a Presidential permit filed 
                on September 6, 2019, and any land, structures, 
                installations, or equipment appurtenant thereto.

                The term ``Border facilities,'' as used in this permit, 
                means those parts of the Facilities extending 1.0 miles 
                from the international border between the United States 
                and Canada, and any land, structures, installations, or 
                equipment appurtenant thereto.

                This permit is subject to the following conditions:

                Article 1. The Border facilities herein described, and 
                all aspects of their operation, shall be subject to all 
                the conditions, provisions, and requirements of this 
                permit and any subsequent Presidential amendment to it. 
                This permit may be terminated, revoked, or amended at 
                any time at the sole discretion of the President of the 
                United States (the ``President''), with or without 
                advice provided by any executive department or agency 
                (agency). The permittee shall make no substantial 
                change in the Border facilities, in the location of the 
                Border facilities, or in the operation authorized by 
                this permit unless the President has approved the 
                change in an amendment to this permit or in a new 
                permit.

                Article 2. The standards for, and the manner of, 
                construction, connection, operation, and maintenance of 
                the Border facilities shall be subject to inspection by 
                the representatives of appropriate Federal, State, and 
                local agencies. Officers and employees of such agencies 
                who are duly authorized and performing their official 
                duties shall be granted free and unrestricted access to 
                said Border facilities by the permittee. The Border 
                facilities, including the construction, connection, 
                operation, and maintenance of the Border facilities, 
                shall be subject to all applicable laws and 
                regulations, including laws

[[Page 62192]]

                and regulations governing railway safety or issued or 
                administered by the Committee on Foreign Investment in 
                the United States.

                Article 3. Upon the termination, revocation, or 
                surrender of this permit, unless otherwise decided by 
                the President, the permittee, at its own expense, shall 
                remove the Border facilities within such time as the 
                President may specify. If the permittee fails to comply 
                with an order to remove, or to take such other 
                appropriate action with respect to, the Border 
                facilities, the President may direct an appropriate 
                official or agency to take possession of the Border 
                facilities--or to remove the Border facilities or take 
                other action--at the expense of the permittee. The 
                permittee shall have no claim for damages caused by any 
                such possession, removal, or other action.

                Article 4. When, in the judgment of the President, 
                ensuring the national security of the United States 
                requires entering upon and taking possession of any of 
                the Border facilities or parts thereof, and retaining 
                possession, management, or control thereof for such a 
                length of time as the President may deem necessary, the 
                United States shall have the right to do so, provided 
                that the President or his designee has given due notice 
                to the permittee. The United States shall also have the 
                right thereafter to restore possession and control to 
                the permittee. In the event that the United States 
                exercises the rights described in this article, it 
                shall pay to the permittee just and fair compensation 
                for the use of such Border facilities, upon the basis 
                of a reasonable profit in normal conditions, and shall 
                bear the cost of restoring the Border facilities to 
                their previous condition, less the reasonable value of 
                any improvements that may have been made by the United 
                States.

                Article 5. Any transfer of ownership or control of the 
                Border facilities, or any part thereof, or any changes 
                to the name of the permittee, shall be immediately 
                communicated in writing to the President or his 
                designee, and shall include information identifying any 
                transferee. Notwithstanding any such transfers or 
                changes, this permit shall remain in force subject to 
                all of its conditions, permissions, and requirements, 
                and any amendments thereto, unless subsequently 
                terminated, revoked, or amended by the President.

                Article 6. (1) The permittee is responsible for 
                acquiring any right-of-way grants or easements, 
                permits, and other authorizations as may become 
                necessary or appropriate.

                    (2) The permittee shall hold harmless and indemnify 
                the United States from any claimed or adjudged 
                liability arising out of construction, connection, 
                operation, or maintenance of the Border facilities, 
                including environmental contamination from the release, 
                threatened release, or discharge of hazardous 
                substances or hazardous waste.
                    (3) To ensure the safe operation of the Border 
                facilities, the permittee shall maintain them and every 
                part of them in a condition of good repair and in 
                compliance with applicable law.

                Article 7. To the extent authorized by law, the 
                permittee shall provide to U.S. Customs and Border 
                Protection and any other relevant United States 
                Government agencies, at no cost to the United States, 
                suitable inspection facilities, at a mutually agreed 
                upon site, for officers and employees of such agencies 
                to perform their duties. The provision of such 
                facilities shall include, to the extent deemed 
                necessary by such agencies, the transfer of title to 
                any such facilities (including the site) to the United 
                States. The inspection facilities shall meet the latest 
                agency design standards and any operational 
                requirements, including facilities for the Rail-Vehicle 
                and Cargo Inspection Systems, inspection and office 
                space, personnel parking and restrooms, utilities, and 
                an access road. To the extent authorized by law, the 
                permittee shall be responsible for any ongoing 
                maintenance or necessary improvements to the inspection 
                facilities, including to comply with updated agency 
                design standards, and for the full cost of providing 
                services at such facilities.

[[Page 62193]]

                Article 8. The permittee shall file with the President 
                or his designee, and with appropriate agencies, such 
                sworn statements or reports with respect to the Border 
                facilities, or the permittee's activities and 
                operations in connection therewith, as are now, or may 
                hereafter, be required under any law or regulation of 
                the United States Government or its agencies. These 
                reporting obligations do not alter the intent that this 
                permit be operative as a directive issued by the 
                President alone.

                Article 9. Upon request, the permittee shall provide 
                appropriate information to the President or his 
                designee with regard to the Border facilities. Such 
                requests could include, for example, information 
                concerning current conditions or anticipated changes in 
                ownership or control, construction, connection, 
                operation, or maintenance of the Border facilities.

                Article 10. The permittee shall provide written notice 
                to the President or his designee at the time that the 
                construction authorized by this permit begins, at such 
                time as such construction is completed, interrupted, or 
                discontinued, and at other times as may be requested by 
                the President.

                Article 11. The permittee shall provide written notice 
                to the President or his designee describing any 
                material investment in the Facilities, direct or 
                indirect, by non-Canadian foreign investors of any 
                kind, including individuals, corporations or other non-
                governmental entities, and governmental entities. Such 
                written notice shall be provided at such time as an 
                agreement for any such investment is entered into, or 
                30 days before any such investment is made, whichever 
                is earlier, and at other times as may be requested by 
                the President.

                Article 12. This permit shall expire 10 years from the 
                date of its issuance if the permittee has not commenced 
                construction of the Border facilities by that date.

                Article 13. This permit is not intended to, and does 
                not, create any right or benefit, substantive or 
                procedural, enforceable at law or in equity by any 
                party against the United States, its departments, 
                agencies, or entities, its officers, employees or 
                agents, or any other person.

                IN WITNESS WHEREOF, I, DONALD J. TRUMP, President of 
                the United States of America, have hereunto set my hand 
                this twenty-eighth day of September, 2020, in the City 
                of Washington, District of Columbia.
                
                
                    (Presidential Sig.)

[FR Doc. 2020-21964
Filed 10-1-20; 8:45 am]
Billing code 3295-F1-P