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
P.O. Box 527
Riverdale, ND 58565
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