{ "id": "R44880", "type": "CRS Report", "typeId": "REPORTS", "number": "R44880", "active": true, "source": "EveryCRSReport.com", "versions": [ { "source": "EveryCRSReport.com", "id": 462299, "date": "2017-06-28", "retrieved": "2018-05-10T13:03:28.432381", "title": "Oil and Natural Gas Pipelines: Role of the U.S. Army Corps of Engineers", "summary": "Growth in North American crude oil and natural gas production has led to efforts to expand the domestic oil and natural gas pipeline network. Pipeline developers are required to obtain authorizations from the U.S. Army Corps of Engineers (Corps) before constructing certain pipeline segments. Under the agency\u2019s regulatory program, the Corps is responsible for authorizing activities that may affect federally regulated waters and wetlands. Under its civil works program, the agency is responsible for approving activities that cross or may affect Corps-managed lands and Corps water resource projects. The agency\u2019s role with respect to pipelines can be controversial and may raise policy issues for Congress. Congress has a long-standing interest in pipeline development and the regulation of pipelines because of the role of pipelines in the domestic energy markets.\nCorps Regulation of Water Crossings. The Corps has regulatory responsibilities pursuant to Section 404 of the Clean Water Act (33 U.S.C. \u00a71344), under which the Corps authorizes activities that may discharge dredge or fill material into waters of the United States, including wetlands. The agency also has regulatory responsibilities pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. \u00a7403), under which the Corps authorizes structures and work in or affecting the course, condition, or capacity of navigable waters. Because most pipelines cross or potentially affect U.S. waters and wetlands somewhere along their routes, pipeline developers routinely are required to obtain Corps authorization for some pipeline segments. The Corps authorizes most pipeline water crossings using a general permit\u2014Nationwide Permit 12\u2014for utility-line activities in waters of the United States. A nationwide permit essentially preauthorizes a group of activities similar in nature that are likely to have a minor effect on waters and wetlands both individually and cumulatively.\nApprovals Related to Corps Land and Corps Projects. A pipeline developer may need permissions from the agency\u2019s civil works program if a pipeline segment may affect or cross a Corps water resource project and Corps-managed land. That is, the Corps would need to grant (1) an easement, typically for a right-of-way, to cross federal land managed by the Corps or (2) a consent to cross non-Corps land with a Corps real estate interest (typically a federal flood easement over nonfederal land). Prior to the granting of the easement or consent, the Corps generally must provide permission for the pipeline to alter the associated Corps water resource project. The easement at a Corps project for the Dakota Access Pipeline to cross under the Missouri River in North Dakota was particularly controversial.\nCorps Actions Must Comply with Federal Statutes. In carrying out its regulatory and civil works authorities, the Corps complies with applicable federal requirements. For example, the Corps identifies and considers the environmental impacts of the agency\u2019s proposed action (e.g., Corps permit of an activity affecting a wetland) pursuant to the National Environmental Policy Act (NEPA; 42 U.S.C. \u00a7\u00a74321 et seq.) and considers impacts on historic properties pursuant to the National Historical Preservation Act (NHPA; 54 U.S.C. \u00a7306108). \nPolicy Issues. Various questions arise in policy debates on Corps\u2019 actions related to pipelines:\nHow does the Corps determine the direct, indirect, and cumulative impacts of its decisions to authorize activities in regulated waters or Corps-managed lands? \nWhen the federal role in a pipeline is limited to approving activities at discrete segments, to what extent should federal agencies influence siting and other aspects of a pipeline?\nHow does the use of Corps general permits affect the agency\u2019s review, information available to stakeholders and the public, and compliance with NHPA? \nThese questions reflect some of the basic debates and challenges that Congress and other policymakers face regarding federal approvals associated with private infrastructure.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R44880", "sha1": "45513963629e032c166fc8bce33038f76c98bab1", "filename": "files/20170628_R44880_45513963629e032c166fc8bce33038f76c98bab1.html", "images": { "/products/Getimages/?directory=R/html/R44880_files&id=/0.png": "files/20170628_R44880_images_f16128c8f25d47b6bcb801cf0f4153960016d4d3.png", "/products/Getimages/?directory=R/html/R44880_files&id=/1.png": "files/20170628_R44880_images_796c0be5445d605e32a8fdcb2addb4b052e27920.png" } }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R44880", "sha1": "1105a52fd838d2e8d342c75e49199c8bcdeb6607", "filename": "files/20170628_R44880_1105a52fd838d2e8d342c75e49199c8bcdeb6607.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4812, "name": "Fossil Energy" }, { "source": "IBCList", "id": 4814, "name": "Environmental Review & Policy" }, { "source": "IBCList", "id": 4841, "name": "Federal Land Management" }, { "source": "IBCList", "id": 4929, "name": "Water Quality" } ] } ], "topics": [ "American Law", "Energy Policy", "Environmental Policy" ] }