Notice of Availability of the Record of Decision and National Interest Determination and the Programmatic Agreement for the Proposed TransCanada Keystone Pipeline Project, 11456 [E8-4020]

Agencies

• DEPARTMENT OF STATE

[Federal Register Volume 73, Number 42 (Monday, March 3, 2008)]
[Notices]
[Page 11456]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4020]


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DEPARTMENT OF STATE

[Public Notice 6115]


Notice of Availability of the Record of Decision and National 
Interest Determination and the Programmatic Agreement for the Proposed 
TransCanada Keystone Pipeline Project

    Summary: This notice announces the availability of the Record of 
Decision and National Interest Determination and the Programmatic 
Agreement for the Proposed TransCanada Keystone Pipeline Project.
    On April 19, 2006, TransCanada Keystone Pipeline, LP (``Keystone'') 
filed an application with the Department of State for a Presidential 
permit for the construction, connection, operation, or maintenance of 
facilities at the border of the United States and Canada for the 
transport of crude oil between the United States and Canada across the 
international boundary.
    Executive Order 13337 of April 30, 2004, as amended, delegates to 
the Secretary of State the President's authority to receive 
applications for permits for the construction, connection, operation, 
or maintenance of facilities, including pipelines, for the exportation 
or importation of petroleum, petroleum products, coal, or other fuels 
at the border of the United States and to issue or deny such 
Presidential Permits upon a national interest determination. The 
Executive Order directs the Secretary of State to refer the application 
and pertinent information to, and to request the views of, the heads of 
certain agencies before issuing a Permit and authorizes the Secretary 
to consult with other interested federal and state officials, as 
appropriate. The functions assigned to the Secretary have been further 
delegated within the Department of State to, inter alia, the Deputy 
Secretary of State and the Under Secretary of State for Economic, 
Energy, and Business Affairs.
    In accordance with the National Environmental Policy Act of 1969 
(``NEPA''), 42 U.S.C. 4321-4370f, the Council of Environmental Quality 
Regulations for Implementing the Procedural Provisions of NEPA, 40 CFR 
parts 1500-1508, and the Department's regulations for the 
implementation of NEPA, 22 CFR part 161, an Environmental Impact 
Statement (EIS) for the issuance of a Presidential Permit for the 
construction, connection, operation, and maintenance of the pipeline 
was prepared by Entrix, Inc., a contractor selected by the Department 
of State.
    The Department of State published in the Federal Register a 
Notification of Receipt of the Keystone Application for a permit on 
August 8, 2006 (71 Fed. Reg. 47861). That notification solicited public 
comment on the application for a 30-day period. Thereafter, the 
Department published in the Federal Register a Notification of Intent 
to Prepare an Environmental Impact Statement on October 11, 2006 (71 FR 
59849). The Department's Notice of Availability of the Draft EIS and 
request for public comment was published in the Federal Register on 
August 9, 2007 (72 FR 44908-02), seeking comments by September 24, 
2007. The Department received public comments in response to its notice 
and has taken them into account in making its determination on the 
Keystone application.
    As required by Executive Order 13337, the Keystone pipeline 
application and a Draft Environmental Impact Statement were transmitted 
to federal agencies for their review and comment on August 6, 2007. The 
Department of State received no objections from federal agencies 
regarding the issuance of a permit. The Department published a notice 
of the availability of the Final Environmental Impact Statement in the 
Federal Register on January 11, 2008 (73 FR 2027).
    Concurrently, the Department took steps to comply with its 
obligations under Section 106 of the National Historic Preservation 
Act. On February 15, 2008, Deputy Secretary of State John D. Negroponte 
signed a Programmatic Agreement with the Advisory Council on Historic 
Preservation (ACHP), the applicant, all seven state historic 
preservation officials, and consulting federal agencies. Native 
American tribes were also invited to sign as concurring parties under 
the ACHP's guidelines. The purpose of the Programmatic Agreement is to 
take into account the effect of the proposed Keystone Pipeline Project 
on historic properties and to satisfy all responsibilities under 
Section 106 of the National Historic Preservation Act.
    Consistent with its authority under Executive Order 13337, the 
Department reviewed all of the available information and documentation, 
including comments submitted by federal and state agencies and the 
public. On February 23, 2008, the Secretary's Delegate, Under Secretary 
of State for Economic, Energy, and Business Affairs Reuben Jeffery III, 
signed the Record of Decision and National Interest Determination, 
which states that issuance of the Presidential Permit for the Keystone 
Pipeline Project would serve the national interest. Accordingly, the 
Department proposes to issue the Presidential Permit to Keystone 
subject to certain terms and conditions.
    Executive Order 13337 requires that Secretaries or Heads of certain 
agencies be notified of the Department's proposed determination 
concerning issuance of the Presidential Permit. Any agency required to 
be consulted under Section 1(g) of the Order that disagrees with the 
proposed determination may notify the Secretary of State within 15 days 
of this notice that it disagrees with the determination and request 
that the Secretary refer the application to the President. If no 
disagreement and request for referral is registered within the 
prescribed period, the Presidential Permit will be signed and issued to 
Keystone. On February 25, the Department notified all agencies of its 
intent to issue the Permit as required under Section 1(g) of the order.
    For Further Information Contact: The Record of Decision and 
National Interest Determination, the Programmatic Agreement, the 
TransCanada Keystone Pipeline application for a Presidential Permit, 
including associated maps and drawings, the Final EIS and other project 
information is available for viewing and download at the project Web 
site: https://www.keystonepipeline.state.gov. For information on the 
proposed project contact Elizabeth Orlando, OES/ENV Room 2657, U.S. 
Department of State, Washington, DC 20520, or by telephone (202) 647-
4284, or by fax at (202) 647-5947. U.S. Department of State, 
Washington, DC 20520, or by telephone (202) 647-4284, or by fax at 
(202) 647-5947.

    Issued in Washington, DC on February 25, 2008.
Stephen J. Gallogly,
Director, Office of International Energy and Commodity Policy, 
Department of State.
[FR Doc. E8-4020 Filed 2-29-08; 8:45 am]
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