[Federal Register Volume 82, Number 27 (Friday, February 10, 2017)]
[Notices]
[Pages 10429-10430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02740]


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DEPARTMENT OF STATE

[Public Notice: 9881]


Notice of Receipt of TransCanada Keystone Pipeline, L.P.'s Re-
Application for a Presidential Permit To Construct, Connect, Operate, 
and Maintain Pipeline Facilities on the Border of the United States and 
Canada

AGENCY: Department of State.

ACTION: Notice.

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SUMMARY: TransCanada Keystone Pipeline, L.P. (``TransCanada'') applied 
on May 4, 2012 to the U.S. Department of State (``Department'') for a 
Presidential Permit that would authorize the construction, connection, 
operation, and maintenance of pipeline facilities on the U.S./Canadian 
border in Phillips County, Montana for the importation of crude oil. 
The border facilities would be part of a proposed 875-mile pipeline and 
related facilities (the Keystone XL project) that is designed to 
transport up to 830,000 barrels per day of crude oil from Alberta, 
Canada and the Bakken shale formation in North Dakota and Montana. The 
pipeline would cross the U.S. border near Morgan, Montana and continue 
through Montana, North Dakota, South Dakota, and Nebraska, where it 
would connect to existing pipeline facilities near Steele City, 
Nebraska for onward delivery to Cushing, Oklahoma and the U.S. Gulf 
Coast Region.
    On November 6, 2015, the Department announced the Secretary of 
State's determination under Executive Order 13337 that issuing a 
Presidential Permit to TransCanada for the proposed Keystone XL 
pipeline's border facilities would not serve the national interest, and 
denied the Permit application. On January 24, 2017, President Donald J. 
Trump issued a Presidential Memorandum (the ``Presidential 
Memorandum'') on the Construction of the Keystone XL Pipeline which, 
inter alia, invited TransCanada ``to re-submit its application to the 
Department of State for a Presidential permit for the construction and 
operation of the Keystone XL Pipeline. . . .'' The Presidential 
Memorandum is reproduced in its entirety at the end of this notice.
    The Department has received a re-submitted application from 
TransCanada and will conduct a review of the application in accordance 
with the Presidential Memorandum and any other applicable requirements.
    On February 5, 2014, the Department invited members of the public 
to comment on any factor they deem relevant to the national interest 
determination that will be made for the Keystone XL project application 
(79 FR 6984) and it is not inviting further public comment at this 
time.
    Background information related to the application, including a copy 
of TransCanada's re-submitted application may be found at http://www.keystonepipeline-xl.state.gov.

FOR FURTHER INFORMATION CONTACT: Director, Energy Resources Bureau, 
Energy Governance and Access, Policy Analysis and Public Diplomacy 
(ENR/EGA/PAPD), United States Department

[[Page 10430]]

of State, 2201 C St. NW., Suite 4422, Washington, DC 20520.

Richard W. Westerdale II,
Director, Energy Resources Bureau, Energy Governance and Access, Policy 
Analysis and Public Diplomacy (ENR/EGA/PAPD), Bureau of Energy 
Resources, Department of State.

Presidential Memorandum Regarding Construction of the Keystone XL 
Pipeline

MEMORANDUM FOR THE SECRETARY OF STATE, THE SECRETARY OF THE ARMY, THE 
SECRETARY OF THE INTERIOR

SUBJECT: Construction of the Keystone XL Pipeline

    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 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.
    (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.
Donald J. Trump

[FR Doc. 2017-02740 Filed 2-9-17; 8:45 am]
 BILLING CODE 4710-AE-P