Construction of the Keystone XL Pipeline

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

[Presidential Documents]

[Pages 8663-8665]

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

[FR Doc No: 2017-02035]

Presidential Documents

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

Presidential Documents

[[Page 8663]]

Memorandum of January 24, 2017

Construction of the Keystone XL Pipeline

Memorandum for the Secretary of State[,] the Secretary

of the Army[, and] the Secretary of the Interior

Section 1. Policy. In accordance with Executive Order

11423 of August 16, 1968, as amended, and Executive

Order 13337 of April 30, 2004, the Secretary of State

has delegated authority to receive applications for

Presidential permits 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, and to issue

or deny such Presidential permits. As set forth in

those Executive Orders, the Secretary of State should

issue a Presidential permit for any cross-border

pipeline project that ``would 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:

the Secretary of State should

issue a Presidential permit for any cross-border

pipeline project that ``would 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. Invitation to Submit an Application. I hereby

invite TransCanada Keystone Pipeline, L.P.

(TransCanada), to promptly re-submit its application to

the Department of State for a Presidential permit for

the construction and operation of the Keystone XL

Pipeline, a major pipeline for the importation of

petroleum from Canada to the United States.

Sec. 3. Directives. (a) Department of State. The

Secretary of State shall, if the application referred

to in section 2 is submitted, receive the application

and take all actions necessary and appropriate to

facilitate its expeditious review. With respect to that

review, I hereby direct as follows:

(i) The Secretary of State shall reach a final permitting determination,

including a final decision as to any conditions on issuance of the permit

that are necessary or appropriate to serve the national interest, within 60

days of TransCanada's submission of the permit application.

facilitate its expeditious review. With respect to that

review, I hereby direct as follows:

(i) The Secretary of State shall reach a final permitting determination,

including a final decision as to any conditions on issuance of the permit

that are necessary or appropriate to serve the national interest, within 60

days of TransCanada's submission of the permit application.

(ii) To the maximum extent permitted by law, the Final Supplemental

Environmental Impact Statement issued by the Department of State in January

2014 regarding the Keystone XL Pipeline (Final Supplemental EIS) and the

environmental analysis, consultation, and review described in that document

(including appendices) shall be considered by the Secretary of State to

satisfy the following with respect to the Keystone XL Pipeline as described

in TransCanada's permit application to the Department of State of May 4,

2012:

(A) all applicable requirements of the National Environmental Policy Act

of 1969, 42 U.S.C. 4321 et seq.; and

(B) any other provision of law that requires executive department

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)).

(iii) To the maximum extent permitted by law, any Federal permit or

authorization issued before the date of this memorandum for the Keystone XL

Pipeline shall remain in effect until the completion of the project.

(iv) The agency notification and fifteen-day delay requirements of sections

1(g), 1(h), and 1(i) of Executive Order 13337 are hereby waived on the

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basis that, under the circumstances, observance of these requirements would

be unnecessary, unwarranted, and a waste of resources.

is memorandum for the Keystone XL

Pipeline shall remain in effect until the completion of the project.

(iv) The agency notification and fifteen-day delay requirements of sections

1(g), 1(h), and 1(i) of Executive Order 13337 are hereby waived on the

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basis that, under the circumstances, observance of these requirements would

be unnecessary, unwarranted, and a waste of resources.

(b) Department of the Army. The Secretary of the

Army shall, if the application referred to in section 2

is submitted and a Presidential permit issued, instruct

the Assistant Secretary of the Army for Civil Works and

the U.S. Army Corps of Engineers, including the

Commanding General and Chief of Engineers, to take all

actions necessary and appropriate to review and approve

as warranted, in an expedited manner, requests for

authorization to utilize Nationwide Permit 12 under

section 404(e) of the Clean Water Act, 33 U.S.C.

1344(e), with respect to crossings of the ``waters of

the United States'' by the Keystone XL Pipeline, to the

maximum extent permitted by law.

(c) Department of the Interior. The Secretary of

the Interior, as well as the Directors of the Bureau of

Land Management and the United States Fish and Wildlife

Service, shall, if the application referred to in

section 2 is submitted and a Presidential permit

issued, take all steps necessary and appropriate to

review and approve as warranted, in an expedited

manner, requests for approvals related to the Keystone

XL Pipeline, to the maximum extent permitted by law,

including:

he application referred to in

section 2 is submitted and a Presidential permit

issued, take all steps necessary and appropriate to

review and approve as warranted, in an expedited

manner, requests for approvals related to the Keystone

XL Pipeline, to the maximum extent permitted by law,

including:

(i) requests for grants of right-of-way and temporary use permits from the

Bureau of Land Management; (ii) requests under the United States Fish and

Wildlife Service's regulations implementing the Migratory Bird Treaty Act,

16 U.S.C. 703 et seq.; and (iii) requests for approvals or other relief

related to other applicable laws and regulations.

(d) Publication. The Secretary of State shall

promptly provide a copy of this memorandum 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 Keystone XL Pipeline route as described in

TransCanada's application of May 4, 2012. The Secretary

of State is authorized and directed to publish this

memorandum in the Federal Register.

(e) 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 cross-border

facilities described herein. Land or an interest in

land for the pipeline and cross-border facilities

described herein may only be acquired consistently with

the Constitution and applicable State laws.

is necessary to secure access from an owner of private

property to construct the pipeline and cross-border

facilities described herein. Land or an interest in

land for the pipeline and cross-border facilities

described herein may only be acquired consistently with

the Constitution and applicable State laws.

Sec. 4. 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.

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(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. 2017-02035

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

Billing code 4710-10-P