issue-2004-05-05•Federal Register executive orders — 2004-05-05
Federal Register executive orders — 2004-05-05
issue-2004-05-05Federal Register executive orders — 2004-05-05Executive Order
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FR Doc. 04-10378 Issuance of Permits With Respect to Certain Energy-Related Facilities and Land Transportation Crossings on the International Boundaries of the United States
[Federal Register Volume 69, Number 87 (Wednesday, May 5, 2004)]
[Presidential Documents]
[Pages 25299-25301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10378]
Presidential Documents
Federal Register / Vol. 69, No. 87 / Wednesday, May 5, 2004 /
Presidential Documents
[[Page 25299]]
Executive Order 13337 of April 30, 2004
Issuance of Permits With Respect to Certain
Energy-Related Facilities and Land Transportation
Crossings on the International Boundaries of the United
States
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including section 301 of title 3, United
States Code, and in order to amend Executive Order
11423 of August 16, 1968, as amended, and to further
the policy of my Administration as stated in Executive
Order 13212 of May 18, 2001, as amended, to expedite
reviews of permits as necessary to accelerate the
completion of energy production and transmission
projects, and to provide a systematic method for
evaluating and permitting the construction and
maintenance of certain border crossings for land
transportation, including motor and rail vehicles, that
do not require construction or maintenance of
facilities connecting the United States with a foreign
country, while maintaining safety, public health, and
environmental protections, it is hereby ordered as
follows:
Section 1. (a) Except with respect to facilities
covered by Executive Order 10485 of September 3, 1953,
and Executive Order 10530 of May 10, 1954, the
Secretary of State is hereby designated and empowered
to receive all applications for Presidential permits,
as referred to in Executive Order 11423, as amended,
for the construction, connection, operation, or
maintenance, at the borders of the United States, of
facilities for the exportation or importation of
petroleum, petroleum products, coal, or other fuels to
or from a foreign country.
(b) Upon receipt of a completed application
pursuant to paragraph (a) of this section, the
Secretary of State shall:
(i)
Request additional information needed from the applicant, as appropriate,
before referring the application to other agencies pursuant to paragraph
(b)(ii) of this section;
(ii)
Refer the application and pertinent information to, and request the views
of, the Secretary of Defense, the Attorney General, the Secretary of the
Interior, the Secretary of Commerce, the Secretary of Transportation, the
Secretary of Energy, the Secretary of Homeland Security, the Administrator
of the Environmental Protection Agency, or the heads of the departments or
agencies in which the relevant authorities or responsibilities of the
foregoing are subsequently conferred or transferred, and, for applications
concerning the border with Mexico, the United States Commissioner of the
International Boundary and Water Commission; and
(iii)
Refer the application and pertinent information to, and request the views
of, such other Federal Government department and agency heads as the
Secretary of State deems appropriate.
(c) All Federal Government officials consulted by
the Secretary of State pursuant to paragraph (b)(ii) or
(b)(iii) of this section shall provide their views and
render such assistance as may be requested, consistent
with their authority, in a timely manner, but not to
exceed 90 days from the date of the request.
(d) Should any of the Federal Government officials
consulted pursuant to paragraph (b)(ii) or (b)(iii) of
this section request from the Department of State
additional information that is necessary for them to
provide their views or to render such assistance as may
be required, the time elapsed
[[Page 25300]]
between the date of that request for additional
information and the date such additional information is
received shall not be counted in calculating the time
period prescribed in paragraph (c) of this section.
(e) The Secretary of State may also consult with
such State, tribal, and local government officials and
foreign governments, as the Secretary deems
appropriate, with respect to each application. The
Secretary shall solicit responses in a timely manner,
not to exceed 90 days from the date of the request.
(f) Upon receiving the views and assistance
requested pursuant to paragraphs (b) and (e) of this
section, the Secretary of State shall consider, in
light of any statutory or other requirements or other
considerations, whether or not additional information
is needed in order to evaluate the application and, as
appropriate, request such information from the
applicant.
(g) After consideration of the views and assistance
obtained pursuant to paragraphs (b) and, as
appropriate, (e) and (f) of this section and any public
comments submitted pursuant to section 3(a) of this
order, if the Secretary of State finds that issuance of
a permit to the applicant would serve the national
interest, the Secretary shall prepare a permit, in such
form and with such terms and conditions as the national
interest may in the Secretary's judgment require, and
shall notify the officials required to be consulted
under paragraph (b)(ii) of this section of the proposed
determination that a permit be issued.
(h) After consideration of the views obtained
pursuant to paragraphs (b) and, as appropriate, (e) and
(f) of this section and any public comments provided
pursuant to section 3(a) of this order, if the
Secretary of State finds that issuance of a permit to
the applicant would not serve the national interest,
the Secretary shall notify the officials required to be
consulted under paragraph (b)(ii) of this section of
the proposed determination that the application be
denied.
(i) The Secretary of State shall issue or deny the
permit in accordance with the proposed determination
unless, within 15 days after notification pursuant to
paragraphs (g) or (h) of this section, an official
required to be consulted under paragraph (b)(ii) of
this section shall notify the Secretary of State that
he or she disagrees with the Secretary's proposed
determination and requests the Secretary to refer the
application to the President. In the event of such a
request, the Secretary of State shall consult with any
such requesting official and, if necessary, shall refer
the application, together with statements of the views
of any official involved, to the President for
consideration and a final decision.
Sec. 2. (a) Section 1(a) of Executive Order 11423, as
amended, is amended to read as follows: ``Except with
respect to facilities covered by Executive Order Nos.
10485 and 10530, and by section 1(a) of the Executive
Order of April 30, 2004, entitled ``Issuance of Permits
with Respect to Certain Energy-Related Facilities and
Land Transportation Crossings on the International
Boundaries of the United States'' (the order of April
30, 2004), the Secretary of State is hereby designated
and empowered to receive all applications for
Presidential permits for the construction, connection,
operation, or maintenance, at the borders of the United
States, of:
(i)
pipelines, conveyor belts, and similar facilities for the exportation or
importation of all products, except those specified in section 1(a) of the
order of April 30, 2004, to or from a foreign country;
(ii)
facilities for the exportation or importation of water or sewage to or
from a foreign country;
(iii)
facilities for the transportation of persons or things, or both, to or
from a foreign country;
(iv)
bridges, to the extent that congressional authorization is not required;
(v)
similar facilities above or below ground; and
[[Page 25301]]
(vi)
border crossings for land transportation, including motor and rail
vehicles, to or from a foreign country, whether or not in conjunction with
the facilities identified in (iii) above.
(b) Section 1(b) of Executive Order 11423, as
amended, is amended by deleting the text ``(a)(iii),
(iv), or (v)'' and by inserting the text ``(a)(iii),
(iv), (v), or (vi)'' in lieu thereof.
Sec. 3. (a) The Secretary of State may provide for the
publication in the Federal Register of notice of
receipt of applications, for the receipt of public
comments on applications, and for notices related to
the issuance or denial of applications.
(b) The Secretary of State is authorized to issue
such further rules and regulations, and to prescribe
such further procedures, including, but not limited to,
those relating to the International Boundary and Water
Commission, as may from time to time be deemed
necessary or desirable for the exercise of the
authority conferred by this order.
Sec. 4. All permits heretofore issued with respect to
facilities described in section 2(a) of this order
pursuant to Executive Order 11423, as amended, and in
force at the time of issuance of this order, and all
permits issued hereunder, shall remain in effect in
accordance with their terms unless and until modified,
amended, suspended, or revoked by the appropriate
authority.
Sec. 5. Nothing contained in this order shall be
construed to affect the authority of any department or
agency of the United States Government, or to supersede
or replace the requirements established under any other
provision of law, or to relieve a person from any
requirement to obtain authorization from any other
department or agency of the United States Government in
compliance with applicable laws and regulations subject
to the jurisdiction of that department or agency.
Sec. 6. This order is not intended to, and does not,
create any right, benefit, or trust responsibility,
substantive or procedural, enforceable at law or in
equity by any party against the United States, its
departments, agencies, instrumentalities, or entities,
its officers or employees, or any other person.
(Presidential Sig.)B
THE WHITE HOUSE,
April 30, 2004.
[FR Doc. 04-10378
Filed 5-4-04; 8:45 am]
Billing code 3195-01-P
Complete official Federal Register PDF
FR Doc. 04-10377 American Indian and Alaska Native Education
[Federal Register Volume 69, Number 87 (Wednesday, May 5, 2004)]
[Presidential Documents]
[Pages 25295-25297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10377]
[[Page 25293]]
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Part VII
The President
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Executive Order 13336--American Indian and Alaska Native Education
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
Presidential Documents
Federal Register / Vol. 69, No. 87 / Wednesday, May 5, 2004 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 25295]]
Executive Order 13336 of April 30, 2004
American Indian and Alaska Native Education
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and to recognize the unique educational and
culturally related academic needs of American Indian
and Alaska Native students consistent with the unique
political and legal relationship of the Federal
Government with tribal governments, it is hereby
ordered as follows:
Section 1. Purpose. The United States has a unique
legal relationship with Indian tribes and a special
relationship with Alaska Native entities as provided in
the Constitution of the United States, treaties, and
Federal statutes. This Administration is committed to
continuing to work with these Federally recognized
tribal governments on a government-to-government basis,
and supports tribal sovereignty and self-determination.
It is the purpose of this order to assist American
Indian and Alaska Native students in meeting the
challenging student academic standards of the No Child
Left Behind Act of 2001 (Public Law 107-110) in a
manner that is consistent with tribal traditions,
languages, and cultures. This order builds on the
innovations, reforms, and high standards of the No
Child Left Behind Act of 2001, including: stronger
accountability for results; greater flexibility in the
use of Federal funds; more choices for parents; and an
emphasis on research-based instruction that works.
Sec. 2. Interagency Working Group. There is established
an Interagency Working Group on American Indian and
Alaska Native Education (Working Group) to oversee the
implementation of this order.
(a) The Working Group's members shall consist
exclusively of the heads of the executive branch
departments, agencies, or offices listed below:
(i)
the Department of Education;
(ii)
the Department of the Interior;
(iii)
the Department of Health and Human Services;
(iv)
the Department of Agriculture;
(v)
the Department of Justice;
(vi)
the Department of Labor; and
(vii)
such other executive branch departments, agencies, or offices as the Co-
Chairs of the Working Group may designate.
A member of the Working Group may designate, to
perform the Working Group functions of the member, an
employee of the member's department, agency, or office
who is either an officer of the United States appointed
by the President, or a full-time employee serving in a
position with pay equal to or greater than the minimum
rate payable for GS-15 of the General Schedule. The
Working Group shall be led by the Secretaries of
Education and the Interior, or their designees under
this section, who shall serve as Co-Chairs.
(b) The function of the Working Group is to oversee
the implementation of this order. The Working Group
shall, within 90 days of the date of this order,
develop a Federal interagency plan that recommends
initiatives, strategies, and ideas for future
interagency actions that promote the purpose, as stated
in section 1, of this order. In carrying out its
activities under this order, the Working Group may
consult with representatives of American Indian and
Alaska Native tribes and organizations, in conformity
with Executive Order 13175 of November 6, 2000, and
with the National Advisory Council on Indian Education
(NACIE). Any such consultations shall be
[[Page 25296]]
for the purpose of obtaining information and advice
concerning American Indian and Alaska Native education
and shall be conducted in a manner that seeks
individual advice and does not involve collective
judgment or consensus advice or deliberation.
Sec. 3. Study and Report. The Secretary of Education,
in coordination with the Working Group, shall conduct a
multi-year study of American Indian and Alaska Native
education with the purpose of improving American Indian
and Alaska Native students' ability to meet the
challenging student academic standards of the No Child
Left Behind Act of 2001.
(a) The study shall include, but not be limited to:
(i)
the compilation of comprehensive data on the academic achievement and
progress of American Indian and Alaska Native students toward meeting the
challenging student academic standards of the No Child Left Behind Act of
2001;
(ii)
identification and dissemination of research-based practices and proven
methods in raising academic achievement and, in particular, reading
achievement, of American Indian and Alaska Native students;
(iii)
assessment of the impact and role of native language and culture on the
development of educational strategies to improve academic achievement;
(iv)
development of methods to strengthen early childhood education so that
American Indian and Alaska Native students enter school ready to learn; and
(v)
development of methods to increase the high school graduation rate and
develop pathways to college and the workplace for American Indian and
Alaska Native students.
The Secretary of Education shall develop an agenda,
including proposed timelines and ongoing activities,
for the conduct of the study, and shall make that
agenda available to the public on the Internet.
(b) The Secretary of Education, in coordination
with the Working Group, shall issue a report to the
President that shall:
(i)
provide the latest data available from the study;
(ii)
comprehensively describe the educational status and progress of American
Indian and Alaska Native students with respect to meeting the goals
outlined in the No Child Left Behind Act of 2001 and any other student
achievement goals the Secretary of Education or the Secretary of the
Interior may deem necessary;
(iii)
report on proven methods for improving American Indian and Alaska Native
student academic achievement; and
(iv)
update the Federal interagency plan outlined in section 2(b) of this
order.
Sec. 4. Enhancement of Research Capabilities of Tribal-
Level Educational Institutions. The Secretary of
Education and the Secretary of the Interior shall
consult with the entities set forth in section 2(a) of
this order and tribally controlled colleges and
universities to seek ways to develop and enhance the
capacity of tribal governments, tribal universities and
colleges, and schools and educational programs serving
American Indian and Alaska Native students and
communities to carry out, disseminate, and implement
education research, as well as to develop related
partnerships or collaborations with non-tribal
universities, colleges, and research organizations.
Sec. 5. National Conference. The Secretary of Education
and the Secretary of the Interior, in collaboration
with the Working Group and Federal, State, tribal, and
local government representatives, shall jointly convene
a forum on the No Child Left Behind Act of 2001 to
identify means to enhance communication, collaboration,
and cooperative strategies to improve the education of
American Indian and Alaska Native students attending
Federal, State, tribal, and local schools.
Sec. 6. Administration. The Department of Education
shall provide appropriate administrative services and
staff support to the Working Group. With
[[Page 25297]]
the consent of the Department of Education, other
participating agencies may provide administrative
support to the Working Group, to the extent permitted
by law and consistent with their statutory authority.
Sec. 7. Termination. The Working Group established
under section 2 of this order shall terminate not later
than 5 years from the date of this order, unless
extended by the President.
Sec. 8. Consultation. The Secretary of Education and
Secretary of the Interior shall consult the Attorney
General as appropriate on the implementation of this
order, to ensure that such implementation affords the
equal protection of the laws required by the due
process clause of the Fifth Amendment to the
Constitution.
Sec. 9. General Provisions.
(a) This order is intended only to improve the
internal management of the executive branch and is not
intended to, and does not, create any right, benefit,
or trust responsibility, substantive or procedural,
enforceable at law or equity, by a party against the
United States, its agencies or instrumentalities, its
officers or employees, or any other person.
(b) Executive Order 13096 of August 6, 1998, is
revoked.
(Presidential Sig.)B
THE WHITE HOUSE,
April 30, 2004.
[FR Doc. 04-10377
Filed 5-4-04; 8:45 am]
Billing code 3195-01-P
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