The U.S. Army Corps of Engineers signed the Record of Decision (ROD) Thursday (May 21, 2026) for the Dakota Access Pipeline Final Environmental Impact Statement (FEIS), selecting Alternative 4, which grants an easement with additional conditions to Dakota Access, LLC, to allow for the pipeline’s crossing beneath Lake Oahe in North Dakota.
“This Record of Decision, fought for by President Trump and the U.S. Army Corps of Engineers, is a major win for American energy security and the rule of law,” said National Energy Dominance Council Chairman and Interior Secretary Doug Burgum. “After years of delays and political obstruction from the Biden administration, the Dakota Access Pipeline can finally move forward with certainty. The U.S. Army Corps of Engineers deserves recognition for their diligent work in completing this process. This decision supports American jobs, strengthens energy independence, and reaffirms this administration’s commitment to building the infrastructure our country depends on.”
In the Final Environmental Impact Statement, the U.S. Army Corps of Engineers evaluated five alternatives related to the pipeline’s crossing at Lake Oahe. These included:
- removal of the pipeline;
- draining, cleaning, capping and abandoning it in place;
- issuing an easement with previous conditions;
- issuing an easement with new conditions; and
- rerouting a portion to avoid crossing under the lake.
For each alternative, the agency analyzed potential impacts to water resources, cultural resources, wildlife, land use, and public health and safety.
Using a deliberative process, USACE identified Alternative 4 as the preferred action because it best balances public safety, protection of environmental resources, and leak detection and response considerations while meeting the project’s purpose and need.
Under Alternative 4, USACE will grant the requested easement with additional conditions designed to further reduce risk to Lake Oahe and the Missouri River, as well as surrounding communities including Tribal communities. These conditions include enhanced leak detection and monitoring systems, expanded groundwater and surface water monitoring, water supply contingency planning, subsistence studies coordinated with affected Tribes, and independent expert review of pipeline leak and detection safety systems.
“With the completion of this Environmental Impact Statement and this Record of Decision, we are decisively putting years of delays to rest and moving out to safely execute this crossing beneath Lake Oahe,” said Adam Telle, Assistant Secretary of the Army for Civil Works. “The U.S. Army Corps of Engineers are delivering the clear, consistent regulatory decisions required to provide certainty to the American economy and advance President Trump’s American energy dominance agenda, while protecting our natural resources.”
Lake Oahe is a federally managed reservoir operated by USACE as part of the Missouri River Mainstem Reservoir System. USACE’s authority to grant an easement for the pipeline crossing is provided under Section 28 of the Mineral Leasing Act.
Implementation of the decision will include ongoing coordination with federal and state agencies, Tribes, and other stakeholders to ensure compliance with all applicable laws, regulations, and permit conditions. USACE will continue oversight of easement conditions and monitoring requirements throughout the life of the project.
The Record of Decision does not authorize construction of new pipeline segments beyond the existing crossing and does not alter the authorized purposes of the Missouri River Mainstem system.
“The U.S. Army Corps of Engineers is committed to ensuring protection of the Missouri River and Lake Oahe while carrying out its responsibilities under federal law,” said U.S. Army Col. Robert Newbauer, Omaha District commander. “This decision reflects a comprehensive analysis of environmental impacts, reliability, and safety, informed by public input and government-to-government consultation with Tribes.”
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