Presidential Documents

11129 

Federal Register 

Vol. 82, No. 32 

Friday, February 17, 2017 

Title 3— 

The President 

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 

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11130 Federal Register / Vol. 82, No. 32 / Friday, February 17, 2017 / Presidential Documents 

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. 

THE WHITE HOUSE, 

Washington, January 24, 2017 

[FR Doc. R1–2017–02032 

Filed 2–16–17; 11:15 am] 

Billing code 3295–F7–P 


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