[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:
(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));
(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.
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