President Trump Takes Action to Expedite Priority Energy and Infrastructure Projects

The White House
Office of the Press Secretary
For Immediate Release
January 24, 2017

President Trump Takes Action to Expedite Priority Energy and Infrastructure Projects

WASHINGTON, DC – President Donald J. Trump today signed a series of Executive Orders and Presidential Memoranda in keeping with his promise to reduce the burden of regulations and expedite high priority energy and infrastructure projects that will create jobs and increase national security.

Presidential Memorandum Regarding Construction of the Keystone XL Pipeline

With this Presidential Memorandum, President Trump will help fulfill the campaign promise of initiating the process for approving the Keystone XL Pipeline.

The Keystone XL Pipeline is an 1,100-mile crude oil pipeline to connect oil production in Alberta, Canada to refineries in the United States.

Construction and operation of the Keystone XL Pipeline, as well as oil production and refining activities related to it, would create tens of thousands of jobs for American workers, enhance our nation’s energy security, support affordable and reliable energy for American families, and generate significant State and local tax revenues that can be invested in schools, hospitals, and infrastructure.

Presidential Memorandum Regarding Construction of the Dakota Access Pipeline

With this Presidential Memorandum, President Trump directed the relevant Federal agencies (including the Army Corps of Engineers) to expedite reviews and approvals for the remaining portions of the Dakota Access Pipeline., a $3.8 billion, 1,100-mile pipeline designed to carry around 500,000 barrels per day of crude oil from the Bakken and Three Forks oil production areas in North Dakota to oil markets in the U.S.

At this time, DAPL is more than 90% complete across its entire route.  Only a limited stretch of the project is not yet constructed. Timely review and approval of energy pipelines is critical to a strong economy, energy independence, and national security.

Presidential Memorandum Regarding Construction of American Pipelines

In keeping with his commitment to “Buy American, Hire American”, President Trump directed the Secretary of Commerce, in consultation with all relevant executive departments and agencies, to develop a plan under which all new pipelines, as well as retrofitted, repaired, or expanded pipelines, inside the borders of the United States, including portions of pipelines, use materials and equipment produced in the United States, to the maximum extent possible and to the extent permitted by law.  The Secretary shall submit the plan to the President within 180 days of the date of this memorandum.

Presidential Memorandum Streamlining Permitting and Reducing Regulatory Burdens for Domestic Manufacturing

With this Presidential Memorandum, President Trump helps fulfill the campaign promise of boosting domestic manufacturing by determining a plan of action for expediting approvals for manufacturing and reducing regulatory burdens.

Under this Presidential Memorandum, the Secretary of Commerce will conduct outreach to stakeholders and solicit comments from the public concerning Federal actions to streamline permitting and reduce regulatory burdens affecting domestic manufacturers.

The Commerce Secretary will submit a report to the President identifying recommendations to streamline Federal permitting processes for domestic manufacturing and to reduce regulatory burdens affecting domestic manufacturers. The report should identify priority actions as well as recommended deadlines for completing actions.

Executive Order Expediting Environmental Reviews and Approvals For High Priority Infrastructure Projects

With this Executive Order, President Trump will establish a framework for expediting environmental reviews for high priority infrastructure projects.

Delays and other inefficiencies in the environmental review and permitting process are severely impeding critically important projects to rebuild and modernize our nation’s infrastructure, such as highways, bridges, tunnels, the electrical grid, ports, water systems, airports, railways and pipelines.

According to one study, our antiquated power rigs wastes the equivalent of 200 coal-fired power plants, water pipes leak trillions of gallons of water, and gridlock on roads and railroads wastes hundreds of billions annually.

Presidential Memorandum Regarding Construction of the Keystone XL Pipeline

MEMORANDUM FOR THE SECRETARY OF STATE
THE SECRETARY OF THE ARMY
THE SECRETARY OF THE INTERIOR

SUBJECT: Construction of the Keystone XL Pipeline

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 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.

(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.

 

DONALD J. TRUMP