Oil and Gas Development

The Federal Government has a responsibility to evaluate all requests for the use of government property and determine if it is an acceptable use of Federal property, if there are any potential impacts and mitigation of those impacts prior to issuing a real estate outgrant (lease, easement, license, etc) for access and use of Federal property. Outlined below is the process for submitting a request to the U.S. Army Corps of Engineers, Omaha District, Garrison Project Office, for use of government property for the development of oil and natural gas resources. 

As stewards of the public land and water at the Garrison Project, which includes Garrison Dam and Lake Sakakawea in Riverdale, N.D., the Omaha District must carefully consider the impacts and implications of any request to use the land or water in the development of oil and natural gas resources. Each request is reviewed for compliance with multiple Federal laws during this process. Two worth noting are 33 USC 408 (Section 408) and the National Environmental Policy Act (NEPA).

Section 408 requires the Corps to review activities that may alter, or temporarily, or permanently occupy an authorized civil works project to ensure that such activity will not be injurious to the public interest and will not impair the usefulness of the project. In order to provide Section 408 permission, the Corps must conclude that the alteration will not be injurious to the public interest or affect the project's ability to meet its authorized purpose. NEPA requires the Corps to consider any impacts that developing oil and natural gas resources could have on the public and the environment. Adverse impacts to the public, the environment, and the congressionally-authorized purposes of the Garrison Project must be avoided.

All requests to use Government property (also known as a real estate outgrant) at the Garrison Project must be submitted in writing to:  

Supervisory Resource Manager
Garrison Project
P.O. Box 527
Riverdale, ND 58565
(701) 654-7756

When submitting a request, please be aware of the time necessary for review. Review times listed are estimates, actual times may vary. Applicants are responsible for payment of administrative costs and consideration when requesting use of Government property. Consideration is normally the fair market value of the lands requested while administrative costs are those incurred by the Government for evaluation of the request and issuance of real estate documents. Depending on the nature and complexity of the request, the Government may request that the applicant pay the administrative cost prior to the start of the review. Applicants should contact Garrison Project staff at (701) 654-7756 prior to submitting any written requests. It is also helpful to review the U.S. Army Corps of Engineer’s Non-Recreation Outgrant Policy (ER 1130-02-550).

The steps for submitting a request are described below in the "Request Submittal Process" Section.

Outgrant Application Resources

Policy and Guidance Resources

Request Submittal Process

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 Step 1. Initial Request

The initial written request should include the following preliminary information:

a) Name, address, and phone number of applicant. Note: The initial request letter must be submitted by the entity to whom the outgrant will be assigned. If the request letter is being submitted by a representative of the applicant, please identify that in the letter.
b) Point of contact for processing (i.e., City Manager, Mayor, County Commissioner, etc).
c) Describe the structure or facility. If it is known at this time, specifications and dimensions of the proposed structures and facilities should be included.
d) Identify the purpose, need and objectives (benefits, enhancements, statutory requirements) for the structure or facility.
e) Justify placement of the structure or facility on government property. Justification should include a description of all alternative locations and routes that were investigated, including routes and locations not on project lands. The description should also include rationale for why other alternatives were not selected. Cost factors alone will not affect the determination of viability.
f) State the duration for which the proposed outgrant is requested.
g) Specifically describe the location and dimensions of the requested outgrant area to include a preliminary site plan. Provide a legal description for the requested area.
h) Provide basic construction methods and timeline.
i) Anticipated impacts (environmental, cultural resource, social, etc.) 

For more information, review Enclosure 1 of the Corps’ Non-Recreation Outgrant Policy (ER 1130-02-550).

 Step 2. Review of Initial Request
The Garrison Project Office will review the preliminary information provided in the initial request and determine if the proposal is appropriate for location on Government property. Depending on work load review of the initial request may take 30-90 days, and the applicant will be notified in writing when a determination is made. Please note this estimated review time starts once a complete application is received.
 Step 3. Coordination Activities

If the Garrison Project Office determines that the requested activity may be feasible and will receive further consideration, additional detailed information must be submitted to the Garrison Project office for evaluation.

The application for the outgrant should include the following detailed information:

a) Detailed description of the proposal including preliminary design plans and specifications, maps, and project plans (i.e., surface use, erosion control, emergency response, spill prevention, operation and maintenance, facility response, horizontal directional drilling, reclamation and monitoring, etc).
b) A shape file with a metes and bounds survey.
c) Contact the project office to start NEPA coordination. See Enclosure 2 of the Corps’ Non-Recreation Outgrant Policy (ER 1130-02-550) for detailed information.
d) Mitigation information. See Enclosure 3 of the Corps’ Non-Recreation Outgrant Policy (ER 1130-02-550) for additional mitigation guidance.
e) Regulatory Section 10/404 Permit (http://www.nwo.usace.army.mil/Missions/RegulatoryProgram/PermittingProgram.aspx).
f) Storm Water Requirement information including proof of storm water permit pursuance and storm water pollution prevention plan if applicable. See Enclosure 4 of the Corps’ Non-Recreation Outgrant Policy (ER 1130-02-550) for additional information.
g) Calculation of impacts to flood storage capacity (if applicable). See Enclosure 4 of the Corps’ Non-Recreation Outgrant Policy (ER 1130-02-550).
h) Landscaping and revegetation plan. See Enclosure 1 of the Corps’ Non-Recreation Outgrant Policy (ER 1130-02-550) for detailed information.

*Note coordination requirements typically take 6 months – 1 year.

 Step 4. Final Coordination
Once all coordination is complete and all requirements are adequately addressed, the Omaha District Real Estate Office will issue the appropriate Real Estate instrument.

DAPL Administrative Records

The public comment period on DAPL Draft Environmental Impact Statement (DEIS) is closed​

Pursuant to Section 28 of the Mineral Leasing Act, federal agencies have the authority to grant an easement for private oil and gas pipelines when the pipeline crosses federal land. The U.S. Army Corps of Engineers, Omaha District is developing the Environmental Impact Statement to evaluate the Dakota Access Pipeline easement request to cross federally managed land at Lake Oahe under this Mineral Leasing Act authority.