Construction of the Dakota Access Pipeline, 8661-8662 [2017-02032]

Agencies

• Executive Office of the President

[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