OMAHA, Neb. -- The U.S. Army Corps of Engineers, Omaha District has published the Final Environmental Impact Statement (FEIS) evaluating Dakota Access, LLC’s request for an easement under the Mineral Leasing Act for the Dakota Access Pipeline. The pipeline has been in operation since 2017 and crosses beneath federally managed land at Lake Oahe, North Dakota.
Publication of the Final EIS represents the completion of the National Environmental Policy Act environmental review process and precedes USACE’s consideration of a Record of Decision. The Final EIS incorporates and considers input received from Tribes, federal and state agencies, and the public during the Draft EIS comment period.
Under Section 28 of the Mineral Leasing Act, federal agencies may grant easements for privately owned oil and gas pipelines that cross federal land. The Omaha District prepared the Final EIS to evaluate Dakota Access, LLC’s request to continue operating the existing pipeline where it crosses beneath federally managed land at Lake Oahe pursuant to this authority.
Publication of the Final EIS does not constitute a decision. Following publication of the Final EIS in the Federal Register, a 30-day waiting period is required under National Environmental Policy Act. After that period concludes on January 20, 2026, the USACE may issue a Record of Decision identifying a selected alternative for implementation and any associated commitments.
The Final Environmental Impact Statement is available online at:
https://www.nwo.usace.army.mil/Missions/Dam-and-Lake-Projects/Oil-and-Gas-Development/Dakota-Access-Pipeline/
OR
https://cdxapps.epa.gov/cdx-enepa-II/public/action/eis/details?eisId=540916
The Federal Register Notice of Availability of the Final EIS posted on December 19, 2026: https://www.federalregister.gov/documents/2025/12/19/2025-23436/environmental-impact-statements-notice-of-availability
Release no. 25-026