President Trump & Infrastructure 2017-10-27T14:03:07+00:00

FEATURED NEWS

The Hill » The White House has been working behind the scenes to craft a detailed, 70-page infrastructure memo. The document, which will be submitted to Congress next month, will likely serve as the building block for lawmakers to write actual legislation.

The Hill » The House Ways and Means Committee or Wednesday rejected a Democratic amendment that would have kept the deduction on tax-exempt private activity bonds, which are used by public-private partnerships to back a wide range of infrastructure projects around the country.

VISION

Trump’s Plan and Proposals

DONALD J. TRUMP’S VISION

  • Transform America’s crumbling infrastructure into a golden opportunity for accelerated economic growth and more rapid productivity gains with a deficit-neutral plan targeting substantial new infrastructure investments.
  • Pursue an “America’s Infrastructure First” policy that supports investments in transportation, clean water, a modern and reliable electricity grid, telecommunications, security infrastructure, and other pressing domestic infrastructure needs.
  • Refocus government spending on American infrastructure and away from the Obama-Clinton globalization agenda.
  • Provide maximum flexibility to the states.
  • Create thousands of new jobs in construction, steel manufacturing, and other sectors to build the transportation, water, telecommunications and energy infrastructure needed to enable new economic development in the U.S., all of which will generate new tax revenues.
  • Put American steel made by American workers into the backbone of America’s infrastructure.
  • Leverage new revenues and work with financing authorities, public-private partnerships, and other prudent funding opportunities.
  • Harness market forces to help attract new private infrastructure investments through a deficit-neutral system of infrastructure tax credits.
  • Implement a bold, visionary plan for a cost-effective system of roads, bridges, tunnels, airports, railroads, ports and waterways, and pipelines in the proud tradition of President Dwight D. Eisenhower, who championed the interstate highway system.
  • Link increases in spending to reforms that streamline permitting and approvals, improve the project delivery system, and cut wasteful spending on boondoggles.
  • Employ incentive-based contracting to ensure projects are on time and on budget.
  • Approve private sector energy infrastructure projects—including pipelines and coal export facilities—to better connect American coal and shale energy production with markets and consumers.
  • Work with Congress to modernize our airports and air traffic control systems, end long wait times, and reform the FAA and TSA, while also ensuring that American travelers are safe from terrorism and other threats.
  • Incorporate new technologies and innovations into our national transportation system such as state-of-the-art pipelines, advancements in maritime commerce, and the next generation of vehicles.
  • Make clean water a high priority. Develop a long-term water infrastructure plan with city, state and federal leaders to upgrade aging water systems. Triple funding for state revolving loan fund programs to help states and local governments upgrade critical drinking water and wastewater infrastructure.
  • Link increased investments with positive reforms to infrastructure programs that reduce waste and cut costs. Complete projects faster and at lower cost through significant regulatory reform and ending needless red-tape.

​KEY ISSUES

  • Infrastructure investment strengthens our economic platform, makes America more competitive, creates millions of jobs, increases wages for American workers, and reduces the costs of goods and services for American consumers.
  • America’s infrastructure is a linchpin of private sector growth but, today, much of our infrastructure is crumbling.
  • More than 60,000 bridges are considered “structurally deficient.” Traffic delays cost the U.S. economy more than $50 billion annually. Most major roads are rated as “less than good condition.”
  • Aninvestigation this year by USA Today “identified almost 2,000 additional water systems spanning all 50 states where testing has shown excessive levels of lead contamination over the past four years.” This included 350 systems that supplied drinking water to schools or day care facilities.
  • According to the National Association of Manufacturers (NAM), without major improvements to our transportation systems, “the United States will lose more than 2.5 million jobs by 2025” (NAM, Build To Win, 2016). NAM estimates a “ten-year funding gap” of approximately $1 trillion. The Trump Infrastructure Plan is aimed at achieving a target of investment to fill this gap. NAM also found that $8 billion in infrastructure tax credits would support $226 billion in infrastructure investment over 10 years. Innovative financing programs also provide a 10-to-1 return on investment.
  • Under the failing Obama-Clinton policies, infrastructure projects across the U.S. are routinely delayed for years and years due to endless studies, layer-upon-layer of red-tape, bureaucracy, and lawsuits—with virtually no end in sight. This increases costs on taxpayers and blocks Americans from obtaining the kind of infrastructure that is needed for them to compete economically.
  • According to the Wall Street Journal, “more than a dozen [energy infrastructure] projects, worth about $33 billion, have been either rejected by regulators or withdrawn by developers since 2012, with billions more tied up in projects still in regulatory limbo.” This includes coal and shale energy export facilities. Major pipelines are being blocked as well. As noted in the Wall Street Journal, blocking such projects “leaves some communities without access to lower-cost fuel and higher-paying jobs.”

Excerpt from Trump’s An America’s Infrastructure First Plan

– SEPTEMBER 26, 2016 –

​NEW WHITE PAPER ON DONALD J. TRUMP’S ECONOMIC PLAN

Comprehensive Plan Makes America Prosperous Again 


**Click 
HERE To Read The Full White Paper By Economist Peter Navarro And Wilbur Ross**

Donald Trump’s economic plan proposes tax cuts, reduced regulation, lower energy costs and eliminating America’s chronic trade deficit. Trump’s goal is to significantly increase America’s real GDP growth rate and thereby create millions of additional new jobs and trillions of dollars of additional income and tax revenues.

Hillary Clinton’s economic plan will inhibit growth. It proposes higher taxes, more regulation and further restrictions on fossil fuels that will significantly raise energy and electricity costs. Clinton will also perpetuate trade policies and trade deals she has helped put in place that has led to chronic trade deficits and reduced economic growth.

In considering how to score these competing plans fiscally, it is important to note that the Trump plan generates positive and substantial tax revenue offsets from its synergistic suite of trade, regulatory and energy policy reforms. Any analysis that scores the Trump tax cuts in isolation is incomplete and highly misleading.

Separately from this report, the non-partisan Tax Foundation has released its analysis of the Trump tax plan. It dynamically scores a $2.6 trillion reduction in revenues relative to the current tax policy baseline as of the end of a 10-year budgeting horizon. However, as is the typical practice within the modeling community, the Tax Foundation does not score other elements of the Trump economic plan that are growth-inducing and therefore revenue-generating.

This report fills this analytical gap. Specifically, we provide our own fully transparent scoring of the Trump economic plan in the areas of trade, regulatory and energy policy reforms based on conservative assumptions. Along with tax reform, these areas represent the four main points of the Trump policy compass. Each is integrated with and works synergistically with the others and in conjunction with proposed spending cuts.

We believe it is essential that third parties view this analysis in conjunction with the Tax Foundation report. The tax cuts of the Trump plan have been criticized for significant reductions in Federal revenues. However, the Trump economic plan is much more than just about taxes.

As this report demonstrates, the overall plan is fiscally conservative and approaches revenue neutrality in the baseline Tax Foundation scenario. The Trump plan also grows the economy much faster than Hillary Clinton’s plan to raise taxes, increase regulation, stifle our energy sector and continue the trade deficit status quo.

**Click HERE To Read The Full White Paper By Economist Peter Navarro And Wilbur Ross**

The White House
Office of the Press Secretary
For Immediate Release

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.

ACTION

Trump’s Executive Orders and Memoranda
on Infrastructure and Related Issues

EXECUTIVE ORDER

– – – – – – –

REDUCING REGULATION AND CONTROLLING REGULATORY COSTS

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Budget and Accounting Act of 1921, as amended (31 U.S.C. 1101 et seq.), section 1105 of title 31, United States Code, and section 301 of title 3, United States Code, it is hereby ordered as follows:

Section 1.  Purpose.  It is the policy of the executive branch to be prudent and financially responsible in the expenditure of funds, from both public and private sources.  In addition to the management of the direct expenditure of taxpayer dollars through the budgeting process, it is essential to manage the costs associated with the governmental imposition of private expenditures required to comply with Federal regulations.  Toward that end, it is important that for every one new regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.

Sec. 2.  Regulatory Cap for Fiscal Year 2017.  (a)  Unless prohibited by law, whenever an executive department or agency (agency) publicly proposes for notice and comment or otherwise promulgates a new regulation, it shall identify at least two existing regulations to be repealed.

(b)  For fiscal year 2017, which is in progress, the heads of all agencies are directed that the total incremental cost of all new regulations, including repealed regulations, to be finalized this year shall be no greater than zero, unless otherwise required by law or consistent with advice provided in writing by the Director of the Office of Management and Budget (Director).

(c)  In furtherance of the requirement of subsection (a) of this section, any new incremental costs associated with new regulations shall, to the extent permitted by law, be offset by the elimination of existing costs associated with at least two prior regulations.  Any agency eliminating existing costs associated with prior regulations under this subsection shall do so in accordance with the Administrative Procedure Act and other applicable law.

(d)  The Director shall provide the heads of agencies with guidance on the implementation of this section.  Such guidance shall address, among other things, processes for standardizing the measurement and estimation of regulatory costs; standards for determining what qualifies as new and offsetting regulations; standards for determining the costs of existing regulations that are considered for elimination; processes for accounting for costs in different fiscal years; methods to oversee the issuance of rules with costs offset by savings at different times or different agencies; and emergencies and other circumstances that might justify individual waivers of the requirements of this section.  The Director shall consider phasing in and updating these requirements.

Sec. 3.  Annual Regulatory Cost Submissions to the Office of Management and Budget.  (a)  Beginning with the Regulatory Plans (required under Executive Order 12866 of September 30, 1993, as amended, or any successor order) for fiscal year 2018, and for each fiscal year thereafter, the head of each agency shall identify, for each regulation that increases incremental cost, the offsetting regulations described in section 2(c) of this order, and provide the agency’s best approximation of the total costs or savings associated with each new regulation or repealed regulation.

(b)  Each regulation approved by the Director during the Presidential budget process shall be included in the Unified Regulatory Agenda required under Executive Order 12866, as amended, or any successor order.

(c)  Unless otherwise required by law, no regulation shall be issued by an agency if it was not included on the most recent version or update of the published Unified Regulatory Agenda as required under Executive Order 12866, as amended, or any successor order, unless the issuance of such regulation was approved in advance in writing by the Director.

(d)  During the Presidential budget process, the Director shall identify to agencies a total amount of incremental costs that will be allowed for each agency in issuing new regulations and repealing regulations for the next fiscal year.  No regulations exceeding the agency’s total incremental cost allowance will be permitted in that fiscal year, unless required by law or approved in writing by the Director.  The total incremental cost allowance may allow an increase or require a reduction in total regulatory cost.

(e)  The Director shall provide the heads of agencies with guidance on the implementation of the requirements in this section.

Sec. 4.  Definition.  For purposes of this order the term “regulation” or “rule” means an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or to describe the procedure or practice requirements of an agency, but does not include:

(a)  regulations issued with respect to a military, national security, or foreign affairs function of the United States;

(b)  regulations related to agency organization, management, or personnel; or

(c)  any other category of regulations exempted by the Director.

Sec. 5.  General Provisions.  (a)  Nothing in this order 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 relating to budgetary, administrative, or legislative proposals.

(b)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)  This order 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

THE WHITE HOUSE,
January 30, 2017.

MEMORANDUM FOR THE SECRETARY OF COMMERCE

SUBJECT: Construction of American Pipelines

The Secretary of Commerce, in consultation with all relevant executive departments and agencies, shall 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.

“Produced in the United States” shall mean:

(i) With regard to iron or steel products, that all manufacturing processes for such iron or steel products, from the initial melting stage through the application of coatings, occurred in the United States.

(ii) Steel or iron material or products manufactured abroad from semi-finished steel or iron from the United States are not “produced in the United States” for purposes of this memorandum.

(iii) Steel or iron material or products manufactured in the United States from semi-finished steel or iron of foreign origin are not “produced in the United States” for purposes of this memorandum.

The Secretary of Commerce is hereby authorized and directed to publish this memorandum in the Federal Register.

DONALD J. TRUMP

January 24, 2017

EXECUTIVE ORDER

– – – – – – –

EXPEDITING ENVIRONMENTAL REVIEWS AND APPROVALS
FOR HIGH PRIORITY INFRASTRUCTURE PROJECTS

By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct as follows:

Section 1. Purpose. Infrastructure investment strengthens our economic platform, makes America more competitive, creates millions of jobs, increases wages for American workers, and reduces the costs of goods and services for American families and consumers. Too often, infrastructure projects in the United States have been routinely and excessively delayed by agency processes and procedures. These delays have increased project costs and blocked the American people from the full benefits of increased infrastructure investments, which are important to allowing Americans to compete and win on the world economic stage. Federal infrastructure decisions should be accomplished with maximum efficiency and effectiveness, while also respecting property rights and protecting public safety and the environment. To that end, it is the policy of the executive branch to streamline and expedite, in a manner consistent with law, environmental reviews and approvals for all infrastructure projects, especially projects that are a high priority for the Nation, such as improving the U.S. electric grid and telecommunications systems and repairing and upgrading critical port facilities, airports, pipelines, bridges, and highways.

Sec. 2. Identification of High Priority Infrastructure Projects. With respect to infrastructure projects for which Federal reviews and approvals are required, upon request by the Governor of a State, or the head of any executive department or agency (agency), or on his or her own initiative, the Chairman of the White House Council on Environmental Quality (CEQ) shall, within 30 days after a request is made, decide whether an infrastructure project qualifies as a “high priority” infrastructure project. This determination shall be made after consideration of the project’s importance to the general welfare, value to the Nation, environmental benefits, and such other factors as the Chairman deems relevant.

Sec. 3. Deadlines. With respect to any project designated as a high priority under section 2 of this order, the Chairman of the CEQ shall coordinate with the head of the relevant agency to establish, in a manner consistent with law, expedited procedures and deadlines for completion of environmental reviews and approvals for such projects. All agencies shall give highest priority to completing such reviews and approvals by the established deadlines using all necessary and appropriate means. With respect to deadlines established consistent with this section that are not met, the head of the relevant agency shall provide a written explanation to the Chairman explaining the causes for the delay and providing concrete actions taken by the agency to complete such reviews and approvals as expeditiously as possible.

Sec. 4. General Provisions. (a) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(b) Nothing in this order 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.

(c) All actions taken pursuant to this order shall be consistent with requirements and authorities to protect intelligence and law enforcement sources and methods. Nothing in this order shall be interpreted to supersede measures established under authority of law to protect the security and integrity of specific activities and associations that are in direct support of intelligence and law enforcement operations.

(d) This order 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

THE WHITE HOUSE,
January 24, 2017.

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

January 24, 2017

MEMORANDUM FOR THE SECRETARY OF THE ARMY

SUBJECT: Construction of the Dakota Access Pipeline

Section 1. Policy. The Dakota Access Pipeline (DAPL) under development by Dakota Access, LLC, represents a substantial, multi-billion-dollar private investment in our Nation’s energy infrastructure. This approximately 1,100-mile pipeline is designed to carry approximately 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 United States. At this time, the DAPL is more than 90 percent complete across its entire route. Only a limited portion remains to be constructed.

I believe that construction and operation of lawfully permitted pipeline infrastructure 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. Directives. (a) Pipeline Approval Review. The Secretary of the Army shall instruct the Assistant Secretary of the Army for Civil Works and the U.S. Army Corps of Engineers (USACE), including the Commanding General and Chief of Engineers, to take all actions necessary and appropriate to:

(i) review and approve in an expedited manner, to the extent permitted by law and as warranted, and with such conditions as are necessary or appropriate, requests for approvals to construct and operate the DAPL, including easements or rights-of-way to cross Federal areas under section 28 of the Mineral Leasing Act, as amended, 30 U.S.C. 185; permits or approvals under section 404 of the Clean Water Act, 33 U.S.C. 1344; permits or approvals under section 14 of the Rivers and Harbors Act, 33 U.S.C. 408; and such other Federal approvals as may be necessary;

(ii) consider, to the extent permitted by law and as warranted, whether to rescind or modify the memorandum by the Assistant Secretary of the Army for Civil Works dated December 4, 2016 (Proposed Dakota Access Pipeline Crossing at Lake Oahe, North Dakota), and whether to withdraw the 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, dated January 18, 2017, and published at 82 Fed. Reg. 5543;

(iii) consider, to the extent permitted by law and as warranted, prior reviews and determinations, including the Environmental Assessment issued in July of 2016 for the DAPL, as satisfying all applicable requirements of the National Environmental Policy Act, as amended, 42 U.S.C. 4321 et seq., and any other provision of law that requires executive agency 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));

(iv) review and grant, to the extent permitted by law and as warranted, requests for waivers of notice periods arising from or related to USACE real estate policies and regulations; and

(v) issue, to the extent permitted by law and as warranted, any approved easements or rights-of-way immediately after notice is provided to the Congress pursuant to section 28(w) of the Mineral Leasing Act, as amended, 30 U.S.C. 185(w).

(b) Publication. The Secretary of the Army 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 Dakota Access Pipeline route. The Secretary of the Army is authorized and directed to publish this memorandum in the Federal Register.

(c) 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 facilities described herein. Land or an interest in land for the pipeline and facilities described herein may only be acquired consistently with the Constitution and applicable State laws.

Sec. 3. 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

January 24, 2017

January 24, 2017

MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES

SUBJECT: Streamlining Permitting and Reducing Regulatory Burdens for Domestic Manufacturing

By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct the following:

Section 1. Purpose. This memorandum directs executive departments and agencies (agencies) to support the expansion of manufacturing in the United States through expedited reviews of and approvals for proposals to construct or expand manufacturing facilities and through reductions in regulatory burdens affecting domestic manufacturing.

Sec. 2. Stakeholder Consultation on Streamlining Permitting. The Secretary of Commerce shall conduct outreach to stakeholders concerning the impact of Federal regulations on domestic manufacturing and shall solicit comments from the public for a period not to exceed 60 days concerning Federal actions to streamline permitting and reduce regulatory burdens for domestic manufacturers. As part of this process, the Secretary of Commerce shall coordinate with the Secretaries of Agriculture and Energy, the Administrator of the Environmental Protection Agency, the Director of the Office of Management and Budget, the Administrator of the Small Business Administration, and such other agency heads as may be appropriate.

Sec. 3. Permit Streamlining Action Plan. Within 60 days after completion of the process described in section 2 of this memorandum, the Secretary of Commerce shall submit a report to the President setting forth a plan 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. The report also may include recommendations for any necessary changes to existing regulations or statutes, as well as actions to change policies, practices, or procedures that can be taken immediately under existing authority.

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 laws 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.

(d) The Secretary of Commerce is hereby authorized and directed to publish this memorandum in the Federal Register.

DONALD J. TRUMP

EXECUTIVE ORDER

– – – – – – –

PROMOTING ENERGY INDEPENDENCE AND ECONOMIC GROWTH

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1.  Policy.  (a)  It is in the national interest to promote clean and safe development of our Nation’s vast energy resources, while at the same time avoiding regulatory burdens that unnecessarily encumber energy production, constrain economic growth, and prevent job creation.  Moreover, the prudent development of these natural resources is essential to ensuring the Nation’s geopolitical security.

(b)  It is further in the national interest to ensure that the Nation’s electricity is affordable, reliable, safe, secure, and clean, and that it can be produced from coal, natural gas, nuclear material, flowing water, and other domestic sources, including renewable sources.

(c)  Accordingly, it is the policy of the United States that executive departments and agencies (agencies) immediately review existing regulations that potentially burden the development or use of domestically produced energy resources and appropriately suspend, revise, or rescind those that unduly burden the development of domestic energy resources beyond the degree necessary to protect the public interest or otherwise comply with the law.

(d)  It further is the policy of the United States that, to the extent permitted by law, all agencies should take appropriate actions to promote clean air and clean water for the American people, while also respecting the proper roles of the Congress and the States concerning these matters in our constitutional republic.

(e)  It is also the policy of the United States that necessary and appropriate environmental regulations comply with the law, are of greater benefit than cost, when permissible, achieve environmental improvements for the American people, and are developed through transparent processes that employ the best available peer-reviewed science and economics.

Sec. 2.  Immediate Review of All Agency Actions that Potentially Burden the Safe, Efficient Development of Domestic Energy Resources.  (a)  The heads of agencies shall review all existing regulations, orders, guidance documents, policies, and any other similar agency actions (collectively, agency actions) that potentially burden the development or use of domestically produced energy resources, with particular attention to oil, natural gas, coal, and nuclear energy resources.  Such review shall not include agency actions that are mandated by law, necessary for the public interest, and consistent with the policy set forth in section 1 of this order.

(b)  For purposes of this order, “burden” means to unnecessarily obstruct, delay, curtail, or otherwise impose significant costs on the siting, permitting, production, utilization, transmission, or delivery of energy resources.

(c)  Within 45 days of the date of this order, the head of each agency with agency actions described in subsection (a) of this section shall develop and submit to the Director of the Office of Management and Budget (OMB Director) a plan to carry out the review required by subsection (a) of this section.  The plans shall also be sent to the Vice President, the Assistant to the President for Economic Policy, the Assistant to the President for Domestic Policy, and the Chair of the Council on Environmental Quality.  The head of any agency who determines that such agency does not have agency actions described in subsection (a) of this section shall submit to the OMB Director a written statement to that effect and, absent a determination by the OMB Director that such agency does have agency actions described in subsection (a) of this section, shall have no further responsibilities under this section.

(d)  Within 120 days of the date of this order, the head of each agency shall submit a draft final report detailing the agency actions described in subsection (a) of this section to the Vice President, the OMB Director, the Assistant to the President for Economic Policy, the Assistant to the President for Domestic Policy, and the Chair of the Council on Environmental Quality.  The report shall include specific recommendations that, to the extent permitted by law, could alleviate or eliminate aspects of agency actions that burden domestic energy production.

(e)  The report shall be finalized within 180 days of the date of this order, unless the OMB Director, in consultation with the other officials who receive the draft final reports, extends that deadline.

(f)  The OMB Director, in consultation with the Assistant to the President for Economic Policy, shall be responsible for coordinating the recommended actions included in the agency final reports within the Executive Office of the President.

(g)  With respect to any agency action for which specific recommendations are made in a final report pursuant to subsection (e) of this section, the head of the relevant agency shall, as soon as practicable, suspend, revise, or rescind, or publish for notice and comment proposed rules suspending, revising, or rescinding, those actions, as appropriate and consistent with law.  Agencies shall endeavor to coordinate such regulatory reforms with their activities undertaken in compliance with Executive Order 13771 of January 30, 2017 (Reducing Regulation and Controlling Regulatory Costs).

Sec. 3.  Rescission of Certain Energy and Climate-Related Presidential and Regulatory Actions.  (a)  The following Presidential actions are hereby revoked:

(i)    Executive Order 13653 of November 1, 2013 (Preparing the United States for the Impacts of Climate Change);

(ii)   The Presidential Memorandum of June 25, 2013 (Power Sector Carbon Pollution Standards);

(iii)  The Presidential Memorandum of November 3, 2015 (Mitigating Impacts on Natural Resources from Development and Encouraging Related Private Investment); and

(iv)   The Presidential Memorandum of September 21, 2016 (Climate Change and National Security).

(b)  The following reports shall be rescinded:

(i)   The Report of the Executive Office of the President of June 2013 (The President’s Climate Action Plan); and

(ii)  The Report of the Executive Office of the President of March 2014 (Climate Action Plan Strategy to Reduce Methane Emissions).

(c)  The Council on Environmental Quality shall rescind its final guidance entitled “Final Guidance for Federal Departments and Agencies on Consideration of Greenhouse Gas Emissions and the Effects of Climate Change in National Environmental Policy Act Reviews,” which is referred to in “Notice of Availability,” 81 Fed. Reg. 51866 (August 5, 2016).

(d)  The heads of all agencies shall identify existing agency actions related to or arising from the Presidential actions listed in subsection (a) of this section, the reports listed in subsection (b) of this section, or the final guidance listed in subsection (c) of this section.  Each agency shall, as soon as practicable, suspend, revise, or rescind, or publish for notice and comment proposed rules suspending, revising, or rescinding any such actions, as appropriate and consistent with law and with the policies set forth in section 1 of this order.

Sec. 4.  Review of the Environmental Protection Agency’s “Clean Power Plan” and Related Rules and Agency Actions.  (a)  The Administrator of the Environmental Protection Agency (Administrator) shall immediately take all steps necessary to review the final rules set forth in subsections (b)(i) and (b)(ii) of this section, and any rules and guidance issued pursuant to them, for consistency with the policy set forth in section 1 of this order and, if appropriate, shall, as soon as practicable, suspend, revise, or rescind the guidance, or publish for notice and comment proposed rules suspending, revising, or rescinding those rules.  In addition, the Administrator shall immediately take all steps necessary to review the proposed rule set forth in subsection (b)(iii) of this section, and, if appropriate, shall, as soon as practicable, determine whether to revise or withdraw the proposed rule.

(b)  This section applies to the following final or proposed rules:

(i)    The final rule entitled “Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units,” 80 Fed. Reg. 64661 (October 23, 2015) (Clean Power Plan);

(ii)   The final rule entitled “Standards of Performance for Greenhouse Gas Emissions from New, Modified, and Reconstructed Stationary Sources: Electric Utility Generating Units,” 80 Fed. Reg. 64509 (October 23, 2015); and

(iii)  The proposed rule entitled “Federal Plan Requirements for Greenhouse Gas Emissions From Electric Utility Generating Units Constructed on or Before January 8, 2014; Model Trading Rules; Amendments to Framework Regulations; Proposed Rule,” 80 Fed. Reg. 64966 (October 23, 2015).

(c)  The Administrator shall review and, if appropriate, as soon as practicable, take lawful action to suspend, revise, or rescind, as appropriate and consistent with law, the “Legal Memorandum Accompanying Clean Power Plan for Certain Issues,” which was published in conjunction with the Clean Power Plan.

(d)  The Administrator shall promptly notify the Attorney General of any actions taken by the Administrator pursuant to this order related to the rules identified in subsection (b) of this section so that the Attorney General may, as appropriate, provide notice of this order and any such action to any court with jurisdiction over pending litigation related to those rules, and may, in his discretion, request that the court stay the litigation or otherwise delay further litigation, or seek other appropriate relief consistent with this order, pending the completion of the administrative actions described in subsection (a) of this section.

Sec. 5.  Review of Estimates of the Social Cost of Carbon, Nitrous Oxide, and Methane for Regulatory Impact Analysis.  (a)  In order to ensure sound regulatory decision making, it is essential that agencies use estimates of costs and benefits in their regulatory analyses that are based on the best available science and economics.

(b)  The Interagency Working Group on Social Cost of Greenhouse Gases (IWG), which was convened by the Council of Economic Advisers and the OMB Director, shall be disbanded, and the following documents issued by the IWG shall be withdrawn as no longer representative of governmental policy:

(i)    Technical Support Document:  Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866 (February 2010);

(ii)   Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis (May 2013);

(iii)  Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis (November 2013);

(iv)   Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis (July 2015);

(v)    Addendum to the Technical Support Document for Social Cost of Carbon:  Application of the Methodology to Estimate the Social Cost of Methane and the Social Cost of Nitrous Oxide (August 2016); and

(vi)   Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis (August 2016).

(c)  Effective immediately, when monetizing the value of changes in greenhouse gas emissions resulting from regulations, including with respect to the consideration of domestic versus international impacts and the consideration of appropriate discount rates, agencies shall ensure, to the extent permitted by law, that any such estimates are consistent with the guidance contained in OMB Circular A-4 of September 17, 2003 (Regulatory Analysis), which was issued after peer review and public comment and has been widely accepted for more than a decade as embodying the best practices for conducting regulatory cost-benefit analysis.

Sec. 6.  Federal Land Coal Leasing Moratorium.  The Secretary of the Interior shall take all steps necessary and appropriate to amend or withdraw Secretary’s Order 3338 dated January 15, 2016 (Discretionary Programmatic Environmental Impact Statement (PEIS) to Modernize the Federal Coal Program), and to lift any and all moratoria on Federal land coal leasing activities related to Order 3338.  The Secretary shall commence Federal coal leasing activities consistent with all applicable laws and regulations.

Sec. 7.  Review of Regulations Related to United States Oil and Gas Development.  (a)  The Administrator shall review the final rule entitled “Oil and Natural Gas Sector:  Emission Standards for New, Reconstructed, and Modified Sources,” 81 Fed. Reg. 35824 (June 3, 2016), and any rules and guidance issued pursuant to it, for consistency with the policy set forth in section 1 of this order and, if appropriate, shall, as soon as practicable, suspend, revise, or rescind the guidance, or publish for notice and comment proposed rules suspending, revising, or rescinding those rules.

(b)  The Secretary of the Interior shall review the following final rules, and any rules and guidance issued pursuant to them, for consistency with the policy set forth in section 1 of this order and, if appropriate, shall, as soon as practicable, suspend, revise, or rescind the guidance, or publish for notice and comment proposed rules suspending, revising, or rescinding those rules:

(i)    The final rule entitled “Oil and Gas; Hydraulic Fracturing on Federal and Indian Lands,” 80 Fed. Reg. 16128 (March 26, 2015);

(ii)   The final rule entitled “General Provisions and Non-Federal Oil and Gas Rights,” 81 Fed. Reg. 77972 (November 4, 2016);

(iii)  The final rule entitled “Management of Non Federal Oil and Gas Rights,” 81 Fed. Reg. 79948 (November 14, 2016); and

(iv)   The final rule entitled “Waste Prevention, Production Subject to Royalties, and Resource Conservation,” 81 Fed. Reg. 83008 (November 18, 2016).

(c)  The Administrator or the Secretary of the Interior, as applicable, shall promptly notify the Attorney General of any actions taken by them related to the rules identified in subsections (a) and (b) of this section so that the Attorney General may, as appropriate, provide notice of this order and any such action to any court with jurisdiction over pending litigation related to those rules, and may, in his discretion, request that the court stay the litigation or otherwise delay further litigation, or seek other appropriate relief consistent with this order, until the completion of the administrative actions described in subsections (a) and (b) of this section.

Sec. 8.  General Provisions.  (a)  Nothing in this order 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 order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)  This order 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

THE WHITE HOUSE,
March 28, 2017.

The White House
Office of the Press Secretary
For Immediate Release

EXECUTIVE ORDER

– – – – – – –

IMPLEMENTING AN AMERICA-FIRST OFFSHORE ENERGY STRATEGY

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Outer Continental Shelf Lands Act, 43 U.S.C. 1331 et seq., and in order to maintain global leadership in energy innovation, exploration, and production, it is hereby ordered as follows:

Section 1.  Findings.  America must put the energy needs of American families and businesses first and continue implementing a plan that ensures energy security and economic vitality for decades to come.  The energy and minerals produced from lands and waters under Federal management are important to a vibrant economy and to our national security.  Increased domestic energy production on Federal lands and waters strengthens the Nation’s security and reduces reliance on imported energy.  Moreover, low energy prices, driven by an increased American energy supply, will benefit American families and help reinvigorate American manufacturing and job growth.  Finally, because the Department of Defense is one of the largest consumers of energy in the United States, domestic energy production also improves our Nation’s military readiness.

Sec. 2.  Policy.  It shall be the policy of the United States to encourage energy exploration and production, including on the Outer Continental Shelf, in order to maintain the Nation’s position as a global energy leader and foster energy security and resilience for the benefit of the American people, while ensuring that any such activity is safe and environmentally responsible.

Sec. 3.  Implementing an America-First Offshore Energy Strategy.  To carry out the policy set forth in section 2 of this order, the Secretary of the Interior shall:

(a)  as appropriate and consistent with applicable law, including the procedures set forth in section 1344 of title 43, United States Code, in consultation with the Secretary of Defense, give full consideration to revising the schedule of proposed oil and gas lease sales, as described in that section, so that it includes, but is not limited to, annual lease sales, to the maximum extent permitted by law, in each of the following Outer Continental Shelf Planning Areas, as designated by the Bureau of Ocean Energy Management (BOEM) (Planning Areas):  Western Gulf of Mexico, Central Gulf of Mexico, Chukchi Sea, Beaufort Sea, Cook Inlet, Mid-Atlantic, and South Atlantic;

(b)  ensure that any revisions made pursuant to subsection (a) of this section do not hinder or affect ongoing lease sales currently scheduled as part of the 2017-2022 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program, as published on November 18, 2016; and

(c)  develop and implement, in coordination with the Secretary of Commerce and to the maximum extent permitted by law, a streamlined permitting approach for privately funded seismic data research and collection aimed at expeditiously determining the offshore energy resource potential of the United States within the Planning Areas.

Sec. 4.  Responsible Planning for Future Offshore Energy Potential.  (a)  The Secretary of Commerce shall, unless expressly required otherwise, refrain from designating or expanding any National Marine Sanctuary under the National Marine Sanctuaries Act, 16 U.S.C. 1431 et seq., unless the sanctuary designation or expansion proposal includes a timely, full accounting from the Department of the Interior of any energy or mineral resource potential within the designated area    including offshore energy from wind, oil, natural gas, methane hydrates, and any other sources that the Secretary of Commerce deems appropriate    and the potential impact the proposed designation or expansion will have on the development of those resources.  The Secretary of the Interior shall provide any such accounting within 60 days of receiving a notification of intent to propose any such National Marine Sanctuary designation or expansion from the Secretary of Commerce.

(b)  The Secretary of Commerce, in consultation with the Secretary of Defense, the Secretary of the Interior, and the Secretary of Homeland Security, shall conduct a review of all designations and expansions of National Marine Sanctuaries, and of all designations and expansions of Marine National Monuments under the Antiquities Act of 1906, recently recodified at sections 320301 to 320303 of title 54, United States Code, designated or expanded within the 10-year period prior to the date of this order.

(i)   The review under this subsection shall
include:

(A)  an analysis of the acreage affected and an analysis of the budgetary impacts of the costs of managing each National Marine Sanctuary or Marine National Monument designation or expansion;

(B)  an analysis of the adequacy of any required Federal, State, and tribal consultations conducted before the designations or expansions; and

(C)  the opportunity costs associated with potential energy and mineral exploration and production from the Outer Continental Shelf, in addition to any impacts on production in the adjacent region.

(ii)  Within 180 days of the date of this order, the Secretary of Commerce, in consultation with the Secretary of Defense and the Secretary of the Interior, shall report the results of the review under this subsection to the Director of the Office of Management and Budget, the Chairman of the Council on Environmental Quality, and the Assistant to the President for Economic Policy.

(c)  To further streamline existing regulatory authorities, Executive Order 13754 of December 9, 2016 (Northern Bering Sea Climate Resilience), is hereby revoked.

Sec. 5.  Modification of the Withdrawal of Areas of the Outer Continental Shelf from Leasing Disposition.  The body text in each of the memoranda of withdrawal from disposition by leasing of the United States Outer Continental Shelf issued on December 20, 2016, January 27, 2015, and July 14, 2008, is modified to read, in its entirety, as follows:

“Under the authority vested in me as President of the United States, including section 12(a) of the Outer Continental Shelf Lands Act, 43 U.S.C. 1341(a), I hereby withdraw from disposition by leasing, for a time period without specific expiration, those areas of the Outer Continental Shelf designated as of July 14, 2008, as Marine Sanctuaries under the Marine Protection, Research, and Sanctuaries Act of 1972, 16 U.S.C. 1431-1434, 33 U.S.C. 1401 et seq.”

Nothing in the withdrawal under this section affects any rights under existing leases in the affected areas.

Sec. 6.  Reconsideration of Notice to Lessees and Financial Assurance Regulatory Review.  The Secretary of the Interior shall direct the Director of BOEM to take all necessary steps consistent with law to review BOEM’s Notice to Lessees No. 2016 N01 of September 12, 2016 (Notice to Lessees and Operators of Federal Oil and Gas, and Sulfur Leases, and Holders of Pipeline Right-of-Way and Right-of-Use and Easement Grants in the Outer Continental Shelf), and determine whether modifications are necessary, and if so, to what extent, to ensure operator compliance with lease terms while minimizing unnecessary regulatory burdens.  The Secretary of the Interior shall also review BOEM’s financial assurance regulatory policy to determine the extent to which additional regulation is necessary.

Sec. 7.  Reconsideration of Well Control Rule.  The Secretary of the Interior shall review the Final Rule of the Bureau of Safety and Environmental Enforcement (BSEE) entitled “Oil and Gas and Sulfur Operations in the Outer Continental Shelf-Blowout Preventer Systems and Well Control,” 81 Fed. Reg. 25888 (April 29, 2016), for consistency with the policy set forth in section 2 of this order, and shall publish for notice and comment a proposed rule revising that rule, if appropriate and as consistent with law.  The Secretary of the Interior shall also take all appropriate action to lawfully revise any related rules and guidance for consistency with the policy set forth in section 2 of this order.  Additionally, the Secretary of the Interior shall review BSEE’s regulatory regime for offshore operators to determine the extent to which additional regulation is necessary.

Sec. 8.  Reconsideration of Proposed Offshore Air Rule.  The Secretary of the Interior shall take all steps necessary to review BOEM’s Proposed Rule entitled “Air Quality Control, Reporting, and Compliance,” 81 Fed. Reg. 19718 (April 5, 2016), along with any related rules and guidance, and, if appropriate, shall, as soon as practicable and consistent with law, consider whether the proposed rule, and any related rules and guidance, should be revised or withdrawn.

Sec. 9.  Expedited Consideration of Incidental Harassment Authorizations, Incidental-Take, and Seismic Survey Permits.  The Secretary of the Interior and the Secretary of Commerce shall, to the maximum extent permitted by law, expedite all stages of consideration of Incidental Take Authorization requests, including Incidental Harassment Authorizations and Letters of Authorization, and Seismic Survey permit applications under the Outer Continental Shelf Lands Act, 43 U.S.C. 1331 et seq., and the Marine Mammal Protection Act, 16 U.S.C. 1361 et seq.

Sec. 10.  Review of National Oceanic and Atmospheric Administration (NOAA) Technical Memorandum NMFS-OPR-55.  The Secretary of Commerce shall review NOAA’s Technical Memorandum NMFS-OPR-55 of July 2016 (Technical Guidance for Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing) for consistency with the policy set forth in section 2 of this order and, after consultation with the appropriate Federal agencies, take all steps permitted by law to rescind or revise that guidance, if appropriate.

Sec. 11.  Review of Offshore Arctic Drilling Rule.  The Secretary of the Interior shall immediately take all steps necessary to review the Final Rule entitled “Oil and Gas and Sulfur Operations on the Outer Continental Shelf—Requirements for Exploratory Drilling on the Arctic Outer Continental Shelf,” 81 Fed. Reg. 46478 (July 15, 2016), and, if appropriate, shall, as soon as practicable and consistent with law, publish for notice and comment a proposed rule suspending, revising, or rescinding this rule.

Sec. 12.  Definition.  As used in this order, “Outer Continental Shelf Planning Areas, as designated by the Bureau of Ocean Energy Management” means those areas delineated in the diagrams on pages S-5 and S-8 of the 2017-2022 Outer Continental Shelf Oil and Gas Leasing Draft Proposed Program, as published by the BOEM in January 2015, with the exception of any buffer zones included in such planning documents.

Sec. 13.  General Provisions.  (a)  Nothing in this order 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 order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)  This order 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

THE WHITE HOUSE,
April 28, 2017.

The White House
Office of the Press Secretary
For Immediate Release

President Donald J. Trump Proclaims Friday, May 19, 2017, as National Defense Transportation Day and May 14 through May 20, 2017, as National Transportation Week

NATIONAL DEFENSE TRANSPORTATION DAY AND NATIONAL TRANSPORTATION WEEK, 2017

– – – – – – –

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

During National Defense Transportation Day and National Transportation Week, we celebrate our Nation’s land, air, and sea infrastructure systems.  These critical systems connect Americans to one another, provide vital national security capabilities, and serve as a cornerstone of our economy.  We also recognize the transportation professionals who are dedicated to keeping our Nation’s transportation networks secure, efficient, and reliable.

Quality infrastructure provides Americans with the freedom they need and deserve to move themselves and their families, and the vast array of products they want to buy and sell.  But in too many cases, our roads, waterways, bridges, airports, and mass transit systems have fallen into disrepair.  That is why my Administration is committed to rebuilding a world-class transportation infrastructure that works for all Americans.

Revitalizing our infrastructure is all the more important because American transportation enhancements have played and will continue to play a critical role in our national defense.  During World War II, our ability to refuel ships at sea was, in the words of Admiral Chester Nimitz, the “Navy’s secret weapon.”  Today, our military logistics system is essential to the defense of our homeland and our ability to project power around the world.

To remain effective, the transportation industry must constantly innovate.  That is why, in addition to rebuilding our current infrastructure, my Administration is removing regulatory hurdles that have, for too long, impeded necessary infrastructure improvements.  This will allow creative companies to transform how we use our roads, waterways, rails, and the skies, making them both safer for travelers and more effective for our national security.

To recognize the men and women who work in the transportation industry and who contribute to our Nation’s well being and defense, the Congress, by joint resolution approved May 16, 1957, as amended (36 U.S.C. 120), has designated the third Friday in May of each year as “National Defense Transportation Day,” and, by joint resolution approved May 14, 1962, as amended (36 U.S.C. 133), has declared that the week during which that Friday falls be designated as “National Transportation Week.”

NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, do hereby proclaim Friday, May 19, 2017, as National Defense Transportation Day and May 14 through May 20, 2017, as National Transportation Week.  I encourage all Americans to celebrate these observances with appropriate ceremonies and activities to learn more about how our transportation system contributes to the security of our citizens and the prosperity of our Nation.

IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day of May, in the year of our Lord two thousand seventeen, and of the Independence of the United States of America the two hundred and forty-first.

DONALD J. TRUMP

RESPONSE

Response and Proposals from Others

Statement from Acting OMB Director Mark Sandy:

Budgetary Impact Analysis for Executive Order Entitled
“Expediting Environmental Reviews and Approvals for
High Priority Infrastructure Projects”

This executive order instructs relevant Federal departments and agencies to expedite environmental reviews and approvals for infrastructure projects deemed to be a high priority. Implementing this executive order would have a de minimis impact on costs and revenues to the Federal Government. It would have a de minimis impact on mandatory and discretionary obligations and outlays, as well as on revenues to the Federal Government, in the 5-fiscal year period beginning in fiscal year 2017. The agencies anticipated to be impacted by this executive order include the Executive Office of the President and any executive department or agency responsible for environmental review or approval of infrastructure projects.

January 26, 2017

APPOINTEES

Trump’s Infrastructure and Transportation Appointees

Secretary Elaine L. Chao is the 18th U.S. Secretary of Transportation, and comes to the Department with extensive experience in the transportation sector.  Early in her career, she specialized in transportation financing in the private sector.  She began her career in public service working on transportation and trade issues at the White House, then served as Deputy Maritime Administrator, Chairman of the Federal Maritime Commission, and Deputy Secretary of the U.S. Department of Transportation.

Secretary Chao understands the critical role of the Department in ensuring the safety of our country’s transportation systems.  She is also keenly aware of the key role infrastructure plays in our nation’s economic competitiveness, and in strengthening economic growth in both the urban and rural areas of our country.

Secretary Chao has a distinguished career in the public, private, and nonprofit sectors.  An immigrant who arrived in America at the age of eight speaking no English, she received her citizenship at the age of 19.  Her experience transitioning to a new country has motivated her to devote most of her professional life to ensuring that everyone has the opportunity to build better lives for themselves and their families.

This is Secretary Chao’s second cabinet-level post.  She served as the 24th U.S. Secretary of Labor from 2001-2009, the first Asian-American woman to be appointed to a President’s Cabinet in American history.  As U.S. Secretary of Labor, she focused on increasing the competitiveness of America’s workforce in a global economy, promoted job creation, and achieved record results in workplace safety and health.

Prior to the Department of Labor, Secretary Chao was President and Chief Executive Officer of United Way of America, where she restored public trust and confidence in one of America’s premier institutions of private charitable giving, after it had been tarnished by financial mismanagement and abuse.  Secretary Chao also served as Director of the Peace Corps, where she established the first programs in the Baltic nations and the newly independent states of the former Soviet Union.

Secretary Chao earned her MBA from the Harvard Business School and an economics degree from Mount Holyoke College.  Honored for her extensive record of accomplishments and public service, she is the recipient of 36 honorary doctorate degrees.

Secretary Chao is the first of six daughters born to Dr. James S.C. Chao and the late Mrs. Ruth Mulan Chu Chao.

Official Bio from US DOT

Chao might be key to infrastructure work – Her chops to push Trump’s agenda: Experience, relationships and support from her husband, GOP Senate Majority Leader Mitch McConnell. – The Hill – January 22, 2017

Chao Wants Private Investment to Boost Transportation – During her confirmation hearing on Wednesday, incoming President Donald Trump’s Transportation Secretary-designate, Elaine Chao, advocated “innovative financing tools” to fund construction projects. – Associated Press / U.S. News – January 11, 2017

Jeffrey A. Rosen is a Senior Partner at Kirkland & Ellis LLP with whom he has been associated for nearly 30 years with the exception of two distinguished appointments.  From 2006 through 2009, Mr. Rosen was appointed as General Counsel and Senior Policy Advisor for the Office of Management and Budget and from 2003 through 2006, he served as General Counsel at the Department of Transportation. At Kirkland & Ellis, Mr. Rosen’s practice has principally involved complex business litigation and regulatory matters involving contracts, antitrust, securities, RICO, business torts, enforcement actions and product liability, including class actions. He has been engaged in litigation before federal and state courts in more than 20 states, including jury trials, bench evidentiary hearings, arbitrations and appellate arguments.

Mr. Rosen returns to the Department of Transportation with extensive experience, having previously served as the Department’s Chief Legal Officer where he oversaw the activities of more than 400 lawyers. In that role, for which he was confirmed unanimously by the Senate, Mr. Rosen had responsibility for the Department’s regulatory program, enforcement and litigation activities, legal issues relating to international activities involving transportation, coordination and clearance of legislative matters, and advised the Secretary of Transportation on a wide range of topics.

Mr. Rosen received a B.A. with highest distinction in 1979 from Northwestern University and a J.D. magna cum laude from Harvard Law School in 1982.  Mr. Rosen has also served as an adjunct professor at Georgetown University Law Center. He is a resident of the Commonwealth of Virginia.

Excerpt from March 7, 2017 Press Release from The White House:
President Donald J. Trump Announces Key Administration Posts

Rick Perry currently serves as the 14th United States Secretary of Energy. He leads an agency tasked with maintaining a safe, secure and effective nuclear deterrent and reducing the threat of nuclear proliferation, overseeing the United States’ energy supply, carrying out the environmental clean-up from the Cold War nuclear mission, and managing the 17 National Laboratories, home to the country’s best scientists and engineers.

Secretary Perry is a veteran of the United States Air Force, a former farmer and rancher, and the longest-serving governor In Texas history, having led the world’s 12th-largest economy from 2000 to 2015. He has devoted his adult life to creating prosperity and opportunity for families.

Prior to joining the Administration as Secretary of Energy, Perry served as the 47th Governor of Texas. As Governor of the Lone Star State, Perry championed conservative principles that helped Texas become America’s economic engine. Under Perry’s leadership, Texas became a national leader for job creation, innovation, and population growth.

Perry’s leadership of Texas proved that economic growth and protection of the environment can be achieved simultaneously. While adding population and more than 2.2 million jobs during his tenure, Texas also experienced major reductions in carbon dioxide, sulfur dioxide, and nitrogen oxide emissions. Despite having a rapidly growing population and one of the largest petrochemical refining industries in the world, Texas saw its air quality improve.

Perry grew up the son of tenant farmers in the tiny West Texas community of Paint Creek. The younger of Ray and Amelia Perry’s two children, he was active in scouting and earned distinction as an Eagle Scout. He was one of the first in his family to go to college, earning a degree in Animal Science from Texas A&M University, where he was also a member of the Corps of Cadets and a Yell Leader.

Between 1972 and 1977, Perry served in the U.S. Air Force flying C-130 tactical airlift aircraft in Europe and the Middle East. He is a lifetime member of both the NRA and American Legion Post #75. Prior to being elected Lieutenant Governor in 1998, he served two terms as Texas Commissioner of Agriculture and three terms in the Texas House of Representatives.

Perry married his childhood sweetheart, Anita, in 1982. They have two children and two beautiful granddaughters.

Bio from U.S. Department of Energy

Mick Mulvaney is the current director of the Office of Management and Budget (OMB). He was nominated to the post by President Donald J. Trump in December 2016 and confirmed by the Senate on February 16, 2017.

Prior to his time as the director of OMB, he served the people of the 5th District of South Carolina as their Congressman where he was first elected in 2010, he is the first Republican member to hold the seat in 128 years.

A lifelong Carolinas resident, he attended Georgetown University, graduating with honors in International Economics, Commerce, and Finance and graduated as an Honor Scholar – the highest award given to students of the Georgetown School of Foreign Service.

After college, Mick received his law degree from the University of North Carolina at Chapel Hill on a full academic scholarship. He completed his formal education at Harvard Business School’s OPM program in 2006.

In addition to practicing law and opening his own firm, he also ran the family real estate business, started a small homebuilding company, and became a minority shareholder in a local family restaurant franchise.

While in Congress, he served on the Budget Committee, Joint Economic Committee, Small Business Committee, Financial Services Committee, and the Oversight and Government Reform Committee.

He was a founding member of the Indian Land Rotary, a member of St. Philip Neri Catholic Church, and founding member of Our Lady of Grace Catholic Mission.

Mick and Pam were married in 1998, and are the proud parents of triplets: James, Caroline, and Finnegan, and two great danes: Guiness and Harper.

Bio from the Office of Management and Budget at The White House

On February 17, 2017, the United States Senate confirmed Scott Pruitt as the 14th Administrator of the U.S. Environmental Protection Agency.

Administrator Pruitt believes that promoting and protecting a strong and healthy environment is among the lifeblood priorities of the government, and that EPA is vital to that mission.

As Administrator, Mr. Pruitt’s overarching goal is to lead EPA in a way that our future generations inherit a better and healthier environment as he works with the thousands of dedicated public servants at EPA who have devoted their careers to helping realize this shared vision, while faithfully administering environmental laws.

Most recently, Pruitt served as the Attorney General for Oklahoma.  Almost immediately upon taking office, he worked with his Democratic counterpart in Arkansas to reach agreement to study the water quality of the Illinois River, which crosses the border between the two states and has been enjoyed by generations of Oklahomans. The Statement of Joint Principles provides for a best science study using EPA-approved methods, with both states agreeing, for the first time, to be bound by the outcome.

Also during his tenure as Oklahoma’s Attorney General, Pruitt led an historic water rights settlement between Oklahoma, Oklahoma City and the Choctaw and Chickasaw Tribal Nations that preserved the ecosystems of scenic lakes and rivers on native lands. The agreement, which required Congressional approval, was enacted into Section 3608 of Public Law 114-322 and signed in December 2016.  It provides a framework that fosters intergovernmental collaboration on significant water resource concerns with the settlement area, while at the same time protecting existing water rights and affirming the state’s role in water rights permitting and administration.

Water settlement cases can be lengthy, costly, divisive and disruptive; however under Pruitt’s forward-thinking leadership, the process was hailed by all parties as one of commitment, hard work, perseverance and cooperation.

Pruitt became a national leader through a career of advocating to keep power in the hands of hard-working Americans.  He has a proven track record of working with others – including industry, farmers, ranchers, landowners and small business owners – who want to do the right thing by the environment.

He has dedicated his career to creating policy that serves the people. He strongly believes that environmental law, policy and progress are all based on cooperation between the states, cooperation between the states and EPA, and cooperation between regulators and the public. As Attorney General for Oklahoma, he led the state’s legal challenges against property rights intrusion, while protecting Oklahoma’s natural resources and environment.

He is recognized as a national leader in the cause to restore the proper balance between the states and federal government, and he established Oklahoma’s first federalism unit to combat unwarranted regulation and overreach by the federal government.

Before being elected attorney general, he served eight years in the Oklahoma State Senate where he was a leading voice for fiscal responsibility.

After earning his Bachelor’s Degree from Georgetown College and graduating from the University of Tulsa College of Law, Pruitt went into private legal practice, specializing in constitutional law.

In addition to his life as a civil servant, Pruitt is a successful entrepreneur. As a co-owner and managing general partner of Oklahoma City’s Triple-A minor league baseball affiliate, the Oklahoma City Redhawks, Mr. Pruitt took over the team’s marketing operations and helped the team become one of the minor league leaders in attendance and merchandise sales.

Pruitt is, first and foremost, a family man. He and Marlyn, his wife of 27 years, proudly raised their daughter, McKenna, and son, Cade, in Tulsa. Pruitt has made it a priority to pass on to his children the same principled family values with which he was raised.

Bio from the US Environmental Protection Agency

Adam J. Sullivan of Iowa to be Assistant Secretary of Transportation, Government Affairs. Mr. Sullivan’s career in public service has spanned both chambers of Congress and the executive branch.  He is currently a Professional Staff Member at the United States Senate Appropriations Subcommittee on Labor, Health and Human Services, and Education. He has served on two separate occasions as a Chief of Staff for Members of the United States House of Representatives, and in other senior legislative roles focusing on a wide range of policy and appropriations-related issues.  He also served as Deputy Assistant Secretary of Labor for Congressional Affairs during the George W. Bush Administration and worked on national security-related programs at Harris Corporation. Mr. Sullivan holds a Master of Business Administration from George Washington University and a Bachelor of Arts from Simpson College.

Excerpt from May 8, 2017 Press Release from The White House:
President Donald J. Trump Announces Intent to Nominate Personnel to Key Administration Posts