Construction of the Dakota Access Pipeline

[Federal Register Volume 82, Number 18 (Monday, January 30, 2017)]

[Presidential Documents]

[Pages 8661-8662]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2017-02032]

Presidential Documents

Federal Register / Vol. 82 , No. 18 / Monday, January 30, 2017 /

Presidential Documents

[[Page 8661]]

Memorandum of January 24, 2017

Construction of the Dakota Access Pipeline

Memorandum for the Secretary of the Army

Section 1. Policy. The Dakota Access Pipeline (DAPL)

under development by Dakota Access, LLC, represents a

substantial, multi-billion-dollar private investment in

our Nation's energy infrastructure. This approximately

1,100-mile pipeline is designed to carry approximately

500,000 barrels per day of crude oil from the Bakken

and Three Forks oil production areas in North Dakota to

oil markets in the United States. At this time, the

DAPL is more than 90% complete across its entire route.

Only a limited portion remains to be constructed.

I believe that construction and operation of lawfully

permitted pipeline infrastructure serve the national

interest.

Accordingly, pursuant to the authority vested in me as

President by the Constitution and the laws of the

United States of America, I hereby direct as follows:

Sec. 2. Directives. (a) Pipeline Approval Review. The

Secretary of the Army shall instruct the Assistant

Secretary of the Army for Civil Works and the U.S. Army

Corps of Engineers (USACE), including the Commanding

General and Chief of Engineers, to take all actions

necessary and appropriate to:

s:

Sec. 2. Directives. (a) Pipeline Approval Review. The

Secretary of the Army shall instruct the Assistant

Secretary of the Army for Civil Works and the U.S. Army

Corps of Engineers (USACE), including the Commanding

General and Chief of Engineers, to take all actions

necessary and appropriate to:

(i) review and approve in an expedited manner, to the extent permitted by

law and as warranted, and with such conditions as are necessary or

appropriate, requests for approvals to construct and operate the DAPL,

including easements or rights-of-way to cross Federal areas under section

28 of the Mineral Leasing Act, as amended, 30 U.S.C. 185; permits or

approvals under section 404 of the Clean Water Act, 33 U.S.C. 1344; permits

or approvals under section 14 of the Rivers and Harbors Act, 33 U.S.C. 408;

and such other Federal approvals as may be necessary;

(ii) consider, to the extent permitted by law and as warranted, whether to

rescind or modify the memorandum by the Assistant Secretary of the Army for

Civil Works dated December 4, 2016 (Proposed Dakota Access Pipeline

Crossing at Lake Oahe, North Dakota), and whether to withdraw the Notice of

Intent to Prepare an Environmental Impact Statement in Connection with

Dakota Access, LLC's Request for an Easement to Cross Lake Oahe, North

Dakota, dated January 18, 2017, and published at 82 Fed. Reg. 5543;

(iii) consider, to the extent permitted by law and as warranted, prior

reviews and determinations, including the Environmental Assessment issued

in July of 2016 for the DAPL, as satisfying all applicable requirements of

the National Environmental Policy Act, as amended, 42 U.S.C. 4321 et seq.,

and any other provision of law that requires executive agency consultation

or review (including the consultation or review required under section 7(a)

of the Endangered Species Act of 1973, 16 U.S.C. 1536(a));

the Environmental Assessment issued

in July of 2016 for the DAPL, as satisfying all applicable requirements of

the National Environmental Policy Act, as amended, 42 U.S.C. 4321 et seq.,

and any other provision of law that requires executive agency consultation

or review (including the consultation or review required under section 7(a)

of the Endangered Species Act of 1973, 16 U.S.C. 1536(a));

(iv) review and grant, to the extent permitted by law and as warranted,

requests for waivers of notice periods arising from or related to USACE

real estate policies and regulations; and

(v) issue, to the extent permitted by law and as warranted, any approved

easements or rights-of-way immediately after notice is provided to Congress

[[Page 8662]]

pursuant to section 28(w) of the Mineral Leasing Act, as amended, 30 U.S.C.

185(w).

(b) Publication. A copy of this memorandum shall be

provided immediately to the Speaker of the House of

Representatives, the President Pro Tempore of the

Senate, the Majority Leader of the Senate, and the

Governors of each State located along the Dakota Access

Pipeline route. This memorandum shall also be published

in the Federal Register.

(c) Private Property. Nothing in this memorandum

alters any Federal, State, or local process or

condition in effect on the date of this memorandum that

is necessary to secure access from an owner of private

property to construct the pipeline and facilities

described herein. Land or an interest in land for the

pipeline and facilities described herein may only be

acquired consistently with the Constitution and

applicable State laws.

memorandum that

is necessary to secure access from an owner of private

property to construct the pipeline and facilities

described herein. Land or an interest in land for the

pipeline and facilities described herein may only be

acquired consistently with the Constitution and

applicable State laws.

Sec. 3. General Provisions. (a) Nothing in this

memorandum shall be construed to impair or otherwise

affect:

(i) the authority granted by law to an executive department or agency, or

the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget

relating to budgetary, administrative, or legislative proposals.

(b) This memorandum shall be implemented consistent

with applicable law and subject to the availability of

appropriations.

(c) This memorandum 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.

(Presidential Sig.)

THE WHITE HOUSE,

Washington, January 24, 2017

[FR Doc. 2017-02032

Filed 1-27-17; 8:45 am]

Billing code 5001-03-P