82 FR 8663 - Construction of the Keystone XL Pipeline

Executive Office of the President

Federal Register Volume 82, Issue 18 (January 30, 2017)

[Federal Register Volume 82, Number 18 (Monday, January 30, 2017)]
[Presidential Documents]
[Pages 8663-8665]
From the Federal Register Online  [www.thefederalregister.org]
[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