# 82 FR 8661: Construction of the Dakota Access Pipeline > Federal · Memoranda · In force URL: https://www.frixlaw.com/law-library/statutes/EXEC_2017-02032 ## Section - **Citation:** 82 FR 8661 - **Heading:** Construction of the Dakota Access Pipeline - **Jurisdiction:** Federal - **Kind:** Memoranda - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Presidential Documents / Memorandum / 2017-02032 ## Text [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 ## Nearby sections - [80 FR 3135 Modernizing Federal Leave Policies for Childbirth, Adoption, and Foster Care To Recruit and Retain Talent and Improve Productivity](https://www.frixlaw.com/law-library/statutes/EXEC_2015-01118.md) - [80 FR 3455 Expanding Federal Support for Predevelopment Activities for Nonfederal Domestic Infrastructure Assets](https://www.frixlaw.com/law-library/statutes/EXEC_2015-01256.md) - [80 FR 9355 Promoting Economic Competitiveness While Safeguarding Privacy, Civil Rights, and Civil Liberties in Domestic Use of Unmanned Aircraft Systems](https://www.frixlaw.com/law-library/statutes/EXEC_2015-03727.md) - [80 FR 11317 Establishment of the Cyber Threat Intelligence Integration Center](https://www.frixlaw.com/law-library/statutes/EXEC_2015-04443.md) - [80 FR 12071 Delegation of Authority Under the Ukraine Freedom Support Act of 2014](https://www.frixlaw.com/law-library/statutes/EXEC_2015-05355.md) - [80 FR 13475 Student Aid Bill of Rights To Help Ensure Affordable Loan Repayment](https://www.frixlaw.com/law-library/statutes/EXEC_2015-05933.md) - [80 FR 13479 Delegation of Authority Pursuant to Section 1209(b)(2) of the National Defense Authorization Act for Fiscal Year 2015](https://www.frixlaw.com/law-library/statutes/EXEC_2015-06068.md) - [80 FR 13755 Delegation of Authority Pursuant to Section 1278(b)(1) of the National Defense Authorization Act for Fiscal Year 2015](https://www.frixlaw.com/law-library/statutes/EXEC_2015-06253.md) - [80 FR 14289 Providing an Order of Succession Within the Council on Environmental Quality](https://www.frixlaw.com/law-library/statutes/EXEC_2015-06383.md) - [80 FR 18517 Delegation of Authority Under the National Defense Authorization Act for Fiscal Year 2015](https://www.frixlaw.com/law-library/statutes/EXEC_2015-08088.md) - [80 FR 19869 Delegation of Authority To Transfer Certain Funds in Accordance With Section 610 of the Foreign Assistance Act of 1961, as Amended](https://www.frixlaw.com/law-library/statutes/EXEC_2015-08685.md) - [80 FR 22087 Delegation of Authority Pursuant to Section 1236(b)(2) of the National Defense Authorization Act for Fiscal Year 2015](https://www.frixlaw.com/law-library/statutes/EXEC_2015-09363.md) - [80 FR 25207 Delegation of Authority To Transfer Certain Funds in Accordance With Section 610 of the Foreign Assistance Act of 1961, as Amended](https://www.frixlaw.com/law-library/statutes/EXEC_2015-10501.md) - [80 FR 27555 Delegation of Authority Under Section 506(a)(1) of the Foreign Assistance Act of 1961](https://www.frixlaw.com/law-library/statutes/EXEC_2015-11761.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/EXEC_2017-02032. Check the current official text before relying on it. Not legal advice.