Department of State September 6, 2011 – Federal Register Recent Federal Regulation Documents

Following the release of the final Environmental Impact Statement for the proposed Keystone XL pipeline, Executive Order 13337 calls on the Secretary of State, or her designee, to determine if issuance of a Presidential Permit to the applicant would serve the national interest. This decision on the application will take into account a wide range of factors, including environmental, economic, energy security, foreign policy, and pipeline safety concerns. No decision will be made until the completion of this thorough review process. The Department expects to make a decision on whether to grant or deny the Permit before the end of the year. As part of the review and analysis of the national interest, on August 26, 2011 the U.S. Department of State announced public meetings to be held along the proposed pipeline route in the Federal Register on pages 53525 and 53526 (volume 76, number 166). These meetings will provide opportunities for the public to comment on the project and the comments will be considered in the final decision. In addition to these meetings along the pipeline route, a final meeting will be held in Washington, DC.

Consistent with the National Environmental Policy Act (NEPA) of 1969, as amended, the staff of the U.S. Department of State (DOS) prepared a final environmental impact statement (final EIS) for the proposed Keystone XL Project (Project). On September 19, 2008, the applicant, TransCanada Keystone Pipeline, LP (TransCanada) filed an application for a Presidential Permit for the construction, operation, and maintenance of pipeline facilities at the border of the U.S. and Canada for the transport of crude oil across the U.S./Canada international boundary. TransCanada has requested authorization to construct and operate border crossing facilities at the U.S./Canadian border in Phillips County, near Morgan, Montana, in connection with the proposed Project that is designed to transport crude oil produced from oil sands in the Western Canadian Sedimentary Basin (WCSB) and other sources to a proposed oil storage facility in Cushing, Oklahoma, and to a delivery points near Nederland and Moore Junction, Texas. The Secretary of State is designated and empowered to receive all applications for Presidential permits, as referred to in Executive Order 13337, as amended, 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. As a part of the review of the application for Presidential Permits, the Secretary of State must determinate whether or not the projects would be in the national interest. The determination of national interest involves consideration of many factors, including energy security; environmental, cultural, and economic impacts. Before making a decision on the proposed Project, DOS will consult with the eight federal agencies identified in Executive Order 13337: The Departments of Energy, Defense, Transportation, Homeland Security, Justice, Interior, and Commerce, and the Environmental Protection Agency. DOS will also solicit public input on the national interest determination by accepting written comments and holding comment meetings in the six states traversed by the proposed route and a final meeting in Washington, DC.