ExecutiveOrdersEO
MemoMemorandumTrump 45 · R

Presidential Memorandum

Construction of the Dakota Access Pipeline

This presidential memorandum directs the Secretary of the Army to expedite review and approval of the Dakota Access Pipeline (DAPL), which was over 90% complete but stalled at the Lake Oahe crossing in North Dakota. It orders consideration of rescinding an Obama-era December 2016 memorandum and withdrawing a January 2017 Notice of Intent to prepare an Environmental Impact Statement, while treating prior environmental reviews as sufficient.

Federal Register Open PDF 82 FR 8661

Impact dates

  1. Expedited review and approval of DAPL requests

  2. Congressional notice before issuing easements/rights-of-way

Key directives

  • Secretary of Army to instruct USACE to expedite DAPL approval reviews
  • Consider rescinding December 4, 2016 Assistant Secretary memorandum on Lake Oahe crossing
  • Consider withdrawing January 18, 2017 Notice of Intent for Environmental Impact Statement
  • Treat July 2016 Environmental Assessment as satisfying NEPA and other review requirements
  • Review and grant waivers of USACE real estate notice periods
  • Issue approved easements immediately after congressional notice under 30 U.S.C. 185(w)
  • Provide copy to congressional leaders and governors; publish in Federal Register

Who is ordered

Timeline

Immediate

  • Memorandum issued to Secretary of the Army
  • Copy provided to congressional leadership and governors
  • Federal Register publication

Near term (90d)

  • Expedited review of DAPL approvals
  • Consideration of rescinding December 4, 2016 memorandum
  • Consideration of withdrawing January 18, 2017 Environmental Impact Statement Notice of Intent
  • Review of waiver requests for USACE notice periods
  • Issuance of easements/rights-of-way after congressional notice

Long term

  • Potential completion of DAPL construction
  • Precedent for expedited pipeline approvals and limiting environmental review requirements
  • Ongoing litigation and tribal consultation tensions

Risks & tensions

  • Tribal sovereignty and treaty rights conflicts with Standing Rock Sioux Tribe
  • Potential inadequacy of environmental and cultural review under NEPA and Section 106 NHPA
  • Legal vulnerability due to truncated environmental review process
  • Protest and public safety risks at construction site
  • Conflict with prior administration's decision to require full EIS
Presidential Memorandum: Construction of the Dakota Access Pipeline · Executive Orders