[Federal Register Volume 85, Number 19 (Wednesday, January 29, 2020)]
[Notices]
[Pages 5232-5233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01545]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[L51010000 ER0000 LVRWE19E0450 19X LLMTC020000]


Notice of Availability of the Record of Decision for the Keystone 
XL Pipeline, Montana

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of availability.

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SUMMARY: In accordance with the National Environmental Policy Act of 
1969 (NEPA), as amended, the Bureau of Land Management (BLM) has 
prepared a Record of Decision. This Record of Decision is for a right-
of-way for the portions of the Keystone XL Pipeline project that cross 
BLM and U.S. Army Corps of Engineers (USACE) lands in Montana. By this 
notice, the BLM is announcing the availability of the Record of 
Decision.

DATES: The Secretary of the Department of the Interior signed the 
Record of Decision on January 22, 2020.

ADDRESSES: Copies of the Record of Decision are available at the 
Montana/Dakotas State Office, 5001 Southgate Drive, Billings, MT 59101, 
or may be viewed online at: https://go.usa.gov/xdacn.

FOR FURTHER INFORMATION CONTACT: Jim Stobaugh, National Project 
Manager, BLM Nevada State Office, at telephone: (775) 861-6478, email: 
[email protected], or at the above mailing address or website. Persons 
who use a telecommunications device for the deaf (TDD) may call the 
Federal Relay Service (FRS) at 1-800-877-8339 to contact Mr. Stobaugh 
during normal business hours. The FRS is available 24 hours a day, 7 
days a week, to leave a message or question. You will receive a reply 
during normal business hours.

SUPPLEMENTARY INFORMATION: In September 2008, Keystone filed with the 
United States Department of State an initial application for a 
Presidential Permit to construct, operate, maintain, and (eventually) 
decommission the Keystone XL Pipeline to transport crude oil across the 
U.S./Canada border near Morgan, Montana, to Steele City, Nebraska, and 
then from Cushing, Oklahoma, to locations along the Texas Gulf of 
Mexico. The original application for Presidential Permit was amended 
and resubmitted on May 4, 2012 to modify the Project description to: 
(1) Avoid the Sand Hills Region in Nebraska; and (2) remove the 
southern segment of the Project from Cushing, Oklahoma, to the Gulf 
Coast area.
    In addition to its application to the Department of State, Keystone 
also filed a right-of-way application in March 2008 under Section 28 of 
the Mineral Leasing Act of 1920, as amended, with the BLM. The right-
of-way application was revised by Keystone in September 2012 and 2014 
to reflect changes in the Project description. In November 2015, the 
Presidential Permit was denied. Due to the denial, Keystone requested 
to withdraw their right-of-way application with the BLM in February 
2016.
    In January 2017, Keystone refiled their application for a 
Presidential Permit with the Department of State. In February 2018, 
Keystone filed a revised right-of-way application and updated Plan of 
Development (POD) with the BLM to reinitiate processing their right-of-
way application. In January 2020, Keystone updated the POD and 
reflected the most recent data on the project and clarifies minor route 
adjustments.
    The BLM responded to Keystone's right-of-way application on Federal 
lands administered by the BLM and USACE to construct, operate, 
maintain, and (eventually) decommission the Project in compliance with 
the Mineral Leasing Act, BLM right-of-way regulations (43 CFR 2880), 
and other applicable Federal laws, regulations, and policies. The only 
Federal lands involved in this Project are BLM and USACE administered 
lands in the State of Montana. The State Department has been the Lead 
Federal Agency for the purposes of NEPA, and BLM and the USACE have 
been Cooperating Agencies from the beginning of this project.
    On September 24, 2018, the Notice of Availability of the Draft 
Supplemental

[[Page 5233]]

Environmental Impact Statement for the Proposed Keystone XL Pipeline 
Mainline Alternative Route in Nebraska (83 FR 48358) was published in 
the Federal Register, which provided for a 45-day public comment 
period. The Notice of Availability for the Final Supplemental EIS for 
the Keystone XL Pipeline was published in the Federal Register on 
December 20, 2019 (84 FR 70187).
    The BLM adopted the Supplemental Environmental Impact Statements, 
and the Record of Decision to grant a right-of-way and temporary use 
permit for the Project pipeline and related facilities to TransCanada 
Keystone Pipeline, LP to construct, operate, maintain, and (eventually) 
decommission the Keystone XL Pipeline in Montana was signed on January 
22, 2020.

(Authority: 40 CFR 1505.2)

    Dated: January 22, 2020.
John Mehlhoff,
State Director, Montana/Dakotas BLM.
[FR Doc. 2020-01545 Filed 1-28-20; 8:45 am]
BILLING CODE 4310-DN-P