[Federal Register Volume 82, Number 18 (Monday, January 30, 2017)]
[Presidential Documents]
[Pages 8663-8665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02035]
Presidential Documents
Federal Register / Vol. 82 , No. 18 / Monday, January 30, 2017 /
Presidential Documents
[[Page 8663]]
Memorandum of January 24, 2017
Construction of the Keystone XL Pipeline
Memorandum for the Secretary of State[,] the Secretary
of the Army[, and] the Secretary of the Interior
Section 1. Policy. In accordance with Executive Order
11423 of August 16, 1968, as amended, and Executive
Order 13337 of April 30, 2004, the Secretary of State
has delegated authority to receive applications for
Presidential permits 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, and to issue
or deny such Presidential permits. As set forth in
those Executive Orders, the Secretary of State should
issue a Presidential permit for any cross-border
pipeline project that ``would 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. Invitation to Submit an Application. I hereby
invite TransCanada Keystone Pipeline, L.P.
(TransCanada), to promptly re-submit its application to
the Department of State for a Presidential permit for
the construction and operation of the Keystone XL
Pipeline, a major pipeline for the importation of
petroleum from Canada to the United States.
Sec. 3. Directives. (a) Department of State. The
Secretary of State shall, if the application referred
to in section 2 is submitted, receive the application
and take all actions necessary and appropriate to
facilitate its expeditious review. With respect to that
review, I hereby direct as follows:
(i) The Secretary of State shall reach a final permitting determination,
including a final decision as to any conditions on issuance of the permit
that are necessary or appropriate to serve the national interest, within 60
days of TransCanada's submission of the permit application.
(ii) To the maximum extent permitted by law, the Final Supplemental
Environmental Impact Statement issued by the Department of State in January
2014 regarding the Keystone XL Pipeline (Final Supplemental EIS) and the
environmental analysis, consultation, and review described in that document
(including appendices) shall be considered by the Secretary of State to
satisfy the following with respect to the Keystone XL Pipeline as described
in TransCanada's permit application to the Department of State of May 4,
2012:
(A) all applicable requirements of the National Environmental Policy Act
of 1969, 42 U.S.C. 4321 et seq.; and
(B) any other provision of law that requires executive department
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)).
(iii) To the maximum extent permitted by law, any Federal permit or
authorization issued before the date of this memorandum for the Keystone XL
Pipeline shall remain in effect until the completion of the project.
(iv) The agency notification and fifteen-day delay requirements of sections
1(g), 1(h), and 1(i) of Executive Order 13337 are hereby waived on the
[[Page 8664]]
basis that, under the circumstances, observance of these requirements would
be unnecessary, unwarranted, and a waste of resources.
(b) Department of the Army. The Secretary of the
Army shall, if the application referred to in section 2
is submitted and a Presidential permit issued, instruct
the Assistant Secretary of the Army for Civil Works and
the U.S. Army Corps of Engineers, including the
Commanding General and Chief of Engineers, to take all
actions necessary and appropriate to review and approve
as warranted, in an expedited manner, requests for
authorization to utilize Nationwide Permit 12 under
section 404(e) of the Clean Water Act, 33 U.S.C.
1344(e), with respect to crossings of the ``waters of
the United States'' by the Keystone XL Pipeline, to the
maximum extent permitted by law.
(c) Department of the Interior. The Secretary of
the Interior, as well as the Directors of the Bureau of
Land Management and the United States Fish and Wildlife
Service, shall, if the application referred to in
section 2 is submitted and a Presidential permit
issued, take all steps necessary and appropriate to
review and approve as warranted, in an expedited
manner, requests for approvals related to the Keystone
XL Pipeline, to the maximum extent permitted by law,
including:
(i) requests for grants of right-of-way and temporary use permits from the
Bureau of Land Management; (ii) requests under the United States Fish and
Wildlife Service's regulations implementing the Migratory Bird Treaty Act,
16 U.S.C. 703 et seq.; and (iii) requests for approvals or other relief
related to other applicable laws and regulations.
(d) Publication. The Secretary of State 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 Keystone XL Pipeline route as described in
TransCanada's application of May 4, 2012. The Secretary
of State is authorized and directed to publish this
memorandum in the Federal Register.
(e) 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 cross-border
facilities described herein. Land or an interest in
land for the pipeline and cross-border facilities
described herein may only be acquired consistently with
the Constitution and applicable State laws.
Sec. 4. 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.
[[Page 8665]]
(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. 2017-02035
Filed 1-27-17; 8:45 am]
Billing code 4710-10-P