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)

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, 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]
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