Construction of the Dakota Access Pipeline, 11129-11130 [R1-2017-02032]

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• Executive Office of the President

[Federal Register Volume 82, Number 32 (Friday, February 17, 2017)]
[Presidential Documents]
[Pages 11129-11130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: R1-2017-02032]



[[Page 11127]]

Vol. 82

Friday,

No. 32

February 17, 2017

Part III





The President





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Memorandum of January 24, 2017--Construction of the Dakota Access 
Pipeline (Republication)


                        Presidential Documents 



Federal Register / Vol. 82 , No. 32 / Friday, February 17, 2017 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 11129]]

                Memorandum of January 24, 2017

                
Construction of the Dakota Access Pipeline

                Memorandum for the Secretary of the Army

[Editorial Note: Memorandum of January 24, 2017 entitled Construction of 
the Dakota Access Pipeline, Memorandum for the Secretary of the Army, 
Document Number 2017-02032, was originally published on pages 8661 and 8662 
in the Federal Register of Monday, January 30, 2017. Due to a discrepancy 
between the document the President signed and the electronic file used for 
publication, we are republishing the signed document here, in its 
entirety.]

                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 percent 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

[[Page 11130]]

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 the 
Congress pursuant to section 28(w) of the Mineral Leasing Act, as amended, 
30 U.S.C. 185(w).

                    (b) Publication. The Secretary of the Army 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 Dakota Access Pipeline route. The Secretary of the 
                Army is authorized and directed to publish this 
                memorandum 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. R1-2017-02032
Filed 2-16-17; 11:15 am]
Billing code 3295-F7-P