82 FR 5543 - 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

DEPARTMENT OF THE ARMY

Federal Register Volume 82, Issue 11 (January 18, 2017)

Page Range		5543-5544
FR Document		2017-00937

This notice advises the public that the Department of the Army (Army), as lead agency, is gathering information necessary to prepare an environmental impact statement (EIS) in connection with Dakota Access, LLC's request to grant an easement to cross Lake Oahe, which is on the Missouri River and owned by the US Army Corps of Engineers (Corps). This notice opens the public scoping phase and invites interested parties to identify potential issues, concerns, and reasonable alternatives that should be considered in an EIS.

Federal Register, Volume 82 Issue 11 (Wednesday, January 18, 2017)

[Federal Register Volume 82, Number 11 (Wednesday, January 18, 2017)]
[Notices]
[Pages 5543-5544]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00937]


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DEPARTMENT OF THE ARMY


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

AGENCY: Department of the Army, DoD.

ACTION: Notice.

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SUMMARY: This notice advises the public that the Department of the Army 
(Army), as lead agency, is gathering information necessary to prepare 
an environmental impact statement (EIS) in connection with Dakota 
Access, LLC's request to grant an easement to cross Lake Oahe, which is 
on the Missouri River and owned by the US Army Corps of Engineers 
(Corps). This notice opens the public scoping phase and invites 
interested parties to identify potential issues, concerns, and 
reasonable alternatives that should be considered in an EIS.

DATES: To ensure consideration during the development of an EIS, 
written comments on the scope of an EIS should be sent no later than 
February 20, 2017. The date of all public scoping meetings will be 
announced at least 15 days in advance through a notice to be published 
in the local North Dakota newspaper (The Bismarck Tribune) and online 
at https://www.army.mil/asacw.

ADDRESSES: You may mail or hand deliver written comments to Mr. Gib 
Owen, Office of the Assistant Secretary of the Army for Civil Works, 
108 Army Pentagon, Washington, DC 20310-0108. Advance arrangements will 
need to be made to hand deliver comments. Please include your name, 
return address, and ``NOI Comments, Dakota Access Pipeline Crossing'' 
on the first page of your written comments. Comments may also be 
submitted via email to Mr. Gib Owen, at [email protected]. If

[[Page 5544]]

emailing comments, please use ``NOI Comments, Dakota Access Pipeline 
Crossing'' as the subject of your email.
    The location of all public scoping meetings will be announced at 
least 15 days in advance through a notice to be published in the local 
North Dakota newspaper (The Bismarck Tribune) and online at https://www.army.mil/asacw.

FOR FURTHER INFORMATION CONTACT: Mr. Gib Owen, Water Resources Policy 
and Legislation, Office of the Assistant Secretary of the Army for 
Civil Works, Washington, DC 20310-0108; telephone: (703) 695-6791; 
email: [email protected].

SUPPLEMENTARY INFORMATION: The proposed crossing of Lake Oahe by Dakota 
Access, LLC is approximately 0.5 miles upstream of the northern 
boundary of the Standing Rock Sioux Tribe's reservation. The Tribe 
protests the crossing primarily because it relies on Lake Oahe for 
water for a variety of purposes, the Tribe's reservation boundaries 
encompass portions of Lake Oahe downstream from the proposed crossing, 
and the Tribe retains water, treaty fishing, and hunting rights in the 
Lake.
    The proposed crossing of Corps property requires the granting of a 
right-of-way (easement) under the Mineral Leasing Act (MLA), 30 U.S.C. 
185. To date, the Army has not made a final decision on whether to 
grant the easement pursuant to the MLA. The Army intends to prepare an 
EIS to consider any potential impacts to the human environment that the 
grant of an easement may cause.
    Specifically, input is desired on the following three scoping 
concerns:
    (1) Alternative locations for the pipeline crossing the Missouri 
River;
    (2) Potential risks and impacts of an oil spill, and potential 
impacts to Lake Oahe, the Standing Rock Sioux Tribe's water intakes, 
and the Tribe's water, treaty fishing, and hunting rights; and
    (3) Information on the extent and location of the Tribe's treaty 
rights in Lake Oahe.
    On July 25, 2016, the Corps granted permission to applicant Dakota 
Access, LLC, under Section 14 of the Rivers and Harbors Act of 1899, 33 
U.S.C. 408 (408 permission), for a proposed pipeline crossing of Lake 
Oahe. Lake Oahe is on the Missouri River and owned by the Corps. The 
approximate 1,172-mile pipeline connects the Bakken and Three Forks oil 
production areas in North Dakota to an existing crude oil market near 
Patoka, Illinois. The pipeline is 30 inches in diameter and is 
projected to transport approximately 570,000 barrels per day.
    The 408 permission was accompanied by a Finding of No Significant 
Impact based on an Environmental Assessment (EA), as contemplated under 
the National Environmental Policy Act (NEPA). The EA included a brief 
description and characterization of factors used in evaluating a 
potential alternative crossing location that was considered and 
eliminated during the analysis phase. The alternative route, which was 
eliminated, would cross the Missouri River approximately 10 miles north 
of Bismarck, ND.
    On December 4, 2016, the Army determined that a decision on whether 
to authorize the pipeline to cross Lake Oahe at the proposed location 
merits additional analysis, more rigorous exploration and evaluation of 
reasonable siting alternatives, and greater public and tribal 
participation and comments as contemplated in the Council on 
Environmental Quality's (CEQ's) NEPA implementing regulations, 40 CFR 
1502.14 and 1503.1. Currently, the Corps is developing a plan to 
implement the Army's December 4, 2016 direction. This notice of public 
scoping should be integrated into the Corps' plan of action.
    Consistent with CEQ's NEPA implementing regulations, an EIS will 
analyze, at a minimum:
    (1) Alternative locations for the pipeline crossing the Missouri 
River;
    (2) Potential risks and impacts of an oil spill, and potential 
impacts to Lake Oahe, the Standing Rock Sioux Tribe's water intakes, 
and the Tribe's water, treaty fishing, and hunting rights; and
    (3) Information on the extent and location of the Tribe's treaty 
rights in Lake Oahe.
    The range of issues, alternatives, and potential impacts may be 
expanded based on comments received in response to this notice and at 
public scoping meetings.
    Public Comment Availability: Before including your address, 
telephone number, email address, or other personal identifying 
information in your comment, you should be aware that your entire 
comment--including your personal identifying information--may be made 
publicly available at any time. While you can ask in your comment that 
your personal identifying information be withheld from public review, 
the Army cannot guarantee that this will occur.
    Authority: This notice is published in accordance with sections 
1503.1 and 1506.6 of the CEQ's Regulations (40 CFR parts 1500-1508) 
implementing the procedural requirements of NEPA, as amended (42 U.S.C. 
4321 et seq.), and the Army and Corps' NEPA implementation policies (32 
CFR part 651 and 33 CFR part 230), and exercises the authority 
delegated to the Assistant Secretary of the Army (Civil Works) by 
General Orders No. 2017-1, January 5, 2017.

Brenda S. Bowen,
Army Federal Register Liaison Officer.
[FR Doc. 2017-00937 Filed 1-17-17; 8:45 am]
 BILLING CODE 5001-03-P

Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Notices 5543

Æ Mechanisms to identify potential appropriate in light of failed sales or regulatory flexibility analysis. 5 U.S.C.
conflicts of interest posed for heightened levels of customer 603(a), 604(a). The Bureau has
supervisory personnel who are covered dissatisfaction; determined that this Compliance
by incentives but also are responsible Æ All corrective actions should Bulletin does not impose any new or
for monitoring the quality of customer ensure that the root causes of revise any existing recordkeeping,
treatment and customer satisfaction; and deficiencies are identified and resolved; reporting, or disclosure requirements on
Æ Fair and independent processes for and covered entities or members of the
investigating reported issues of Æ Findings should be escalated to public that would be collections of
suspected improper behavior. management and the board, particularly information requiring OMB approval
• Training: Implementing where they appear to pose significant under the Paperwork Reduction Act, 44
comprehensive training that addresses: risks to consumers. U.S.C. 3501, et seq.
Æ Expectations for incentives, • Consumer complaint management
program: Collecting and analyzing Dated: January 5, 2017.
including standards of ethical behavior;
consumer complaints for indications Richard Cordray,
Æ Common risky behaviors for
employees and service providers to that incentives are leading to violations Director, Bureau of Consumer Financial
of law or harm to consumers in order to Protection.
foster greater awareness of primary risk
areas; identify and resolve the root causes of [FR Doc. 2017–01021 Filed 1–17–17; 8:45 am]
Æ Terms and conditions of the any such issues; and BILLING CODE 4810–AM–P
institution’s products and services so • Independent compliance audit:
that they can be effectively described to Scheduling audits to address incentives
consumers; and and consumer outcomes across all DEPARTMENT OF THE ARMY
Æ Regulatory and business products or services to which they
requirements for obtaining and apply, ensuring audits are conducted Notice of Intent To Prepare an
maintaining evidence of consumer independently of both the compliance Environmental Impact Statement in
consent. program and the business functions, and Connection With Dakota Access, LLC’s
• Monitoring: Designing overall ensuring that all necessary corrective Request for an Easement To Cross
compliance monitoring programs that actions are promptly implemented. Lake Oahe, North Dakota
track key metrics—and outliers—that For more information pertaining to
the oversight of incentive programs, AGENCY: Department of the Army, DoD.
may indicate incentives are leading to
please review the CFPB’s Supervision ACTION: Notice.
improper behavior by employees or
service providers. Examples of possible and Examination Manual.4 Specific
SUMMARY: This notice advises the public
monitoring metrics include, but are not modules referencing these programs
that the Department of the Army
limited to: include: Compliance Management
Review, Unfair, Deceptive, and Abusive (Army), as lead agency, is gathering
Æ Overall product penetration rates information necessary to prepare an
by consumer and household; Acts or Practices, Debt Collection,
Credit Card Account Management, environmental impact statement (EIS) in
Æ Specific penetration rates for connection with Dakota Access, LLC’s
products and services (such as Consumer Reporting, Mortgage
Origination, Short-Term Small Dollar request to grant an easement to cross
overdraft, add-on products, and online Lake Oahe, which is on the Missouri
banking), as well as penetration rates by Lending, and the Equal Credit
Opportunity Act. Other relevant Bureau River and owned by the US Army Corps
consumer segment; of Engineers (Corps). This notice opens
Æ Employee turnover and employee guidance includes: CFPB Bulletin 2012–
06 (Marketing of Credit Card Add-on the public scoping phase and invites
satisfaction or complaint rates; interested parties to identify potential
Æ Spikes and trends in sales (both Products),5 and CFPB Bulletin 2016–02
(Service Providers, amending and issues, concerns, and reasonable
completed and failed sales) by specific alternatives that should be considered
individuals and by units; reissuing CFPB Bulletin 2012–03).6
in an EIS.
Æ Financial incentive payouts; and 2. Regulatory Requirements
Æ Account opening/product DATES: To ensure consideration during
enrollment and account closure/product This Compliance Bulletin is a non- the development of an EIS, written
cancellation statistics, including by binding general statement of policy comments on the scope of an EIS should
specific individuals and by units, taking articulating considerations relevant to be sent no later than February 20, 2017.
into account the terms of the incentive the Bureau’s exercise of its supervisory The date of all public scoping meetings
programs (i.e., requirements that and enforcement authority. It is will be announced at least 15 days in
accounts be open for a period of time or therefore exempt from notice and advance through a notice to be
funded in order for employees to obtain comment rulemaking requirements published in the local North Dakota
credit under the program). under the Administrative Procedure Act newspaper (The Bismarck Tribune) and
• Corrective Action: Promptly pursuant to 5 U.S.C. 553(b). Because no online at https://www.army.mil/asacw.
implementing corrective actions to notice of proposed rulemaking is ADDRESSES: You may mail or hand
address any incentive issues identified required, the Regulatory Flexibility Act deliver written comments to Mr. Gib
by monitoring reviews as areas of does not require an initial or final Owen, Office of the Assistant Secretary
weakness: of the Army for Civil Works, 108 Army
4 CFPB Supervision and Examination Manual,
Æ Corrective actions should include Pentagon, Washington, DC 20310–0108.
available at http://files.consumerfinance.gov/f/
the termination of employees, service Advance arrangements will need to be
mstockstill on DSK3G9T082PROD with NOTICES

201210_cfpb_supervision-and-examination-
providers, and managers, as necessary, manual-v2.pdf. made to hand deliver comments. Please
and these termination statistics should 5 CFPB Bulletin 2012–06, available at http://files. include your name, return address, and
be analyzed for trends and root cause(s); consumerfinance.gov/f/201207_cfpb_marketing_of_ ‘‘NOI Comments, Dakota Access
Æ Corrective actions should include credit_card_addon_products.pdf. Pipeline Crossing’’ on the first page of
6 CFPB Bulletin 2016–02, available at http://
changes to the structure of incentives, www.consumerfinance.gov/documents/1385/
your written comments. Comments may
training on these programs, and return 102016_cfpb_OfficialGuidanceServiceProvider also be submitted via email to Mr. Gib
of funds to all affected consumers as Bulletin.pdf. Owen, at gib.a.owen.civ@mail.mil. If

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5544 Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Notices

emailing comments, please use ‘‘NOI The 408 permission was accompanied implementation policies (32 CFR part
Comments, Dakota Access Pipeline by a Finding of No Significant Impact 651 and 33 CFR part 230), and exercises
Crossing’’ as the subject of your email. based on an Environmental Assessment the authority delegated to the Assistant
The location of all public scoping (EA), as contemplated under the Secretary of the Army (Civil Works) by
meetings will be announced at least 15 National Environmental Policy Act General Orders No. 2017–1, January 5,
days in advance through a notice to be (NEPA). The EA included a brief 2017.
published in the local North Dakota description and characterization of
Brenda S. Bowen,
newspaper (The Bismarck Tribune) and factors used in evaluating a potential
online at https://www.army.mil/asacw. alternative crossing location that was Army Federal Register Liaison Officer.
considered and eliminated during the [FR Doc. 2017–00937 Filed 1–17–17; 8:45 am]
FOR FURTHER INFORMATION CONTACT: Mr.
Gib Owen, Water Resources Policy and analysis phase. The alternative route, BILLING CODE 5001–03–P

Legislation, Office of the Assistant which was eliminated, would cross the
Secretary of the Army for Civil Works, Missouri River approximately 10 miles
north of Bismarck, ND. DEPARTMENT OF DEFENSE
Washington, DC 20310–0108; telephone:
(703) 695–6791; email: gib.a.owen.civ@ On December 4, 2016, the Army
determined that a decision on whether Office of the Secretary
mail.mil.
to authorize the pipeline to cross Lake
SUPPLEMENTARY INFORMATION: The Defense Science Board; Notice of
Oahe at the proposed location merits
proposed crossing of Lake Oahe by Federal Advisory Committee Meetings
additional analysis, more rigorous
Dakota Access, LLC is approximately exploration and evaluation of AGENCY:Department of Defense.
0.5 miles upstream of the northern reasonable siting alternatives, and Notice of Federal Advisory
ACTION:
boundary of the Standing Rock Sioux greater public and tribal participation Committee Meetings.
Tribe’s reservation. The Tribe protests and comments as contemplated in the
the crossing primarily because it relies Council on Environmental Quality’s SUMMARY: The 2017 Defense Science
on Lake Oahe for water for a variety of (CEQ’s) NEPA implementing Board (DSB) Summer Study Task Force
purposes, the Tribe’s reservation regulations, 40 CFR 1502.14 and 1503.1. on Nuclear Deterrence in the 21st
boundaries encompass portions of Lake Currently, the Corps is developing a Century’s Multi-Polar, Multi-Threat
Oahe downstream from the proposed plan to implement the Army’s December Strategic Environment (‘‘the Nuclear
crossing, and the Tribe retains water, 4, 2016 direction. This notice of public Deterrence Summer Study Task Force’’)
treaty fishing, and hunting rights in the scoping should be integrated into the will meet in closed session on Tuesday,
Lake. Corps’ plan of action. January 24, 2017, from 8:15 a.m. to
The proposed crossing of Corps Consistent with CEQ’s NEPA 12:00 p.m. and 12:30 p.m. to 6:00 p.m.
property requires the granting of a right- implementing regulations, an EIS will at the Virginia Tech Advanced Research
of-way (easement) under the Mineral analyze, at a minimum: Center, 900 Glebe Road, 7th Floor,
Leasing Act (MLA), 30 U.S.C. 185. To (1) Alternative locations for the Arlington, VA and Wednesday, January
date, the Army has not made a final pipeline crossing the Missouri River; 25, 2017, from 8:00 a.m. to 3:00 p.m. at
decision on whether to grant the (2) Potential risks and impacts of an the Executive Conference Center, 4075
easement pursuant to the MLA. The oil spill, and potential impacts to Lake Wilson Blvd., Suite 350, Arlington, VA.
Army intends to prepare an EIS to Oahe, the Standing Rock Sioux Tribe’s DATES: Tuesday, January 24, 2017, from
consider any potential impacts to the water intakes, and the Tribe’s water, 8:15 a.m. to 6:00 p.m.; and Wednesday,
human environment that the grant of an treaty fishing, and hunting rights; and January 25, 2017, from 8:00 a.m. to 3:00
easement may cause. (3) Information on the extent and p.m.
Specifically, input is desired on the location of the Tribe’s treaty rights in
ADDRESSES: Virginia Tech Advanced
following three scoping concerns: Lake Oahe.
(1) Alternative locations for the Research Center, 900 Glebe Road, 7th
The range of issues, alternatives, and
pipeline crossing the Missouri River; Floor, Arlington, VA (January 24, 2017);
potential impacts may be expanded
(2) Potential risks and impacts of an and Executive Conference Center, 4075
based on comments received in
oil spill, and potential impacts to Lake Wilson Blvd., Suite 350, Arlington, VA
response to this notice and at public
Oahe, the Standing Rock Sioux Tribe’s (January 25, 2017).
scoping meetings.
water intakes, and the Tribe’s water, Public Comment Availability: Before FOR FURTHER INFORMATION CONTACT: Ms.
treaty fishing, and hunting rights; and including your address, telephone Debra Rose, Executive Officer, Defense
(3) Information on the extent and number, email address, or other Science Board, 3140 Defense Pentagon,
location of the Tribe’s treaty rights in personal identifying information in your Room 3B888A, Washington, DC 20301–
Lake Oahe. comment, you should be aware that 3140, via email at debra.a.rose20.civ@
On July 25, 2016, the Corps granted your entire comment—including your mail.mil, or via phone at (703) 571–0084
permission to applicant Dakota Access, personal identifying information—may or the Defense Science Board
LLC, under Section 14 of the Rivers and be made publicly available at any time. Designated Federal Officer (DFO) Ms.
Harbors Act of 1899, 33 U.S.C. 408 (408 While you can ask in your comment that Karen D.H. Saunders, Executive
permission), for a proposed pipeline your personal identifying information Director, Defense Science Board, 3140
crossing of Lake Oahe. Lake Oahe is on be withheld from public review, the Defense Pentagon, Room 3B888A,
the Missouri River and owned by the Army cannot guarantee that this will Washington, DC 20301, via email at
Corps. The approximate 1,172-mile occur. karen.d.saunders.civ@mail.mil or via
mstockstill on DSK3G9T082PROD with NOTICES

pipeline connects the Bakken and Three Authority: This notice is published in phone at (703) 571–0079.
Forks oil production areas in North accordance with sections 1503.1 and SUPPLEMENTARY INFORMATION: Due to
Dakota to an existing crude oil market 1506.6 of the CEQ’s Regulations (40 CFR circumstances beyond the control of the
near Patoka, Illinois. The pipeline is 30 parts 1500–1508) implementing the Designated Federal Officer and the
inches in diameter and is projected to procedural requirements of NEPA, as Department of Defense, the 2017
transport approximately 570,000 barrels amended (42 U.S.C. 4321 et seq.), and Defense Science Board Summer Study
per day. the Army and Corps’ NEPA Task Force on Nuclear Deterrence in the

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Document Created: 2018-02-01 15:19:49
Document Modified: 2018-02-01 15:19:49

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		To ensure consideration during the development of an EIS, written comments on the scope of an EIS should be sent no later than February 20, 2017. The date of all public scoping meetings will be announced at least 15 days in advance through a notice to be published in the local North Dakota newspaper (The Bismarck Tribune) and online at https://www.army.mil/asacw.
Contact		Mr. Gib Owen, Water Resources Policy and Legislation, Office of the Assistant Secretary of the Army for Civil Works, Washington, DC 20310-0108; telephone: (703) 695-6791; email: [email protected]
FR Citation		82 FR 5543