Final Supplemental Environmental Impact Statement Executive Summary
Keystone XL Project
ES-26
As of December 2013, most of the proposed Project
area has been surveyed for cultural resources. The
proposed Project area of potential effects is
approximately 39,500 acres, of which approximately
1,038 acres remain unsurveyed and are the subject of
ongoing field studies. As part of this Supplemental EIS
route evaluation process, consistent with the National
Historic Preservation Act, the Programmatic Agreement
(PA) that was signed in 2011 has been amended,
finalized, and re-signed. Signatory parties to this
agreement were the Department, Advisory Council on
Historic Preservation, Bureau of Land Management,
U.S. Army Corps of Engineers, U.S. Bureau of
Reclamation, National Park Service, Western, Rural
Utilities Service, Natural Resources Conservation
Service, Farm Service Agency, Bureau of Indian
Affairs, and the State Historic Preservation Offices of
Montana, South Dakota, Nebraska, and Kansas. Invited
signatories included the Montana Department of
Natural Resources and Conservation, Montana
Department of Environmental Quality, and Keystone.
Indian tribes that participated in consultation were
asked in 2013 to sign as Concurring Parties, consistent
with 36 Code of Federal Regulations §§ 800.2(c)(2) and
800.6(c)(3).
Pursuant to the stipulations outlined in the PA,
Keystone is required to complete cultural resources
surveys on all areas that would be potentially impacted
by the proposed Project, make recommendations on
National Register of Historic Places eligibility, provide
information on potential effects of the proposed Project,
and provide adequate mitigation in consultation with
the Department, state and federal agencies, and Indian
tribes. Construction would not be allowed to commence
on any areas of the proposed Project until these
stipulations are met. The PA, therefore, would ensure
that appropriate consultation procedures are followed
and that cultural resources surveys would be completed
prior to construction. If unanticipated cultural materials
or human remains were encountered during the
construction phase of the proposed Project, Keystone
would implement Unanticipated Discovery Plans
pursuant to the PA.
ES.4.14.1 Tribal Consultation
Upon receiving a new application, the Department
reached out directly to 84 Indian tribes throughout the
United States with potential interest in the cultural
resources potentially affected by the proposed Project
(see Figure ES-13). Of the 84 Indian tribes, 67 tribes
notified the Department that they would like to consult
or were undecided as to whether they would become
consulting parties. All Indian tribes that participated in
consultation were asked in 2013 to sign the
amended PA.
The Department has conducted a broad range of tribal
consultations, ranging from group meetings involving
many Indian tribes and discussion topics to individual
discussions on specific topics via letter, phone, and
email. In addition to communication by phone, email,
and letter, high-level Department officials travelled to
areas near the proposed Project route to hold four face-
to-face consultations, to which all Indian tribes were
invited and whose participation was funded by
Keystone, and one teleconference. Tribal meetings were
held in October 2012 (three meetings), May 2013 (one
meeting), and July 2013 (teleconference). Face-to-face
meetings were held in four locations: Billings,
Montana; Pierre, South Dakota; Rapid City, South
Dakota; and Lincoln, Nebraska.
The Department engaged in discussions with the tribes
and Tribal Historic Preservation Officers on issues
relating to cultural resources. Consultations included
discussions of cultural resources, in general, as well as
cultural resources surveys, Traditional Cultural
Properties surveys, effects to cultural resources, and
mitigation. The Department has continued government-
to-government consultations to build on previous work,
to ensure that tribal issues of concern are addressed in
the consultation process, and to amend and incorporate
comments and modifications to the PA, as appropriate,
in consultation with the tribes to conclude the Section
106 consistent process for the proposed Project.
Additionally, tribes were provided proposed Project
cultural resources survey reports and opportunities to
conduct Traditional Cultural Property surveys funded
by Keystone.
ES.4.15 Cumulative Effects
The cumulative effects analysis evaluates the way that
the proposed Project’s impacts interact with the impact
of other past, present, or reasonably foreseeable future
actions or projects. The goal of the cumulative impacts
analysis is to identify situations where sets of
comparatively small individual impacts, taken together,
constitute a larger collective impact.
Cumulative impacts associated with the proposed
Project and connected actions vary among individual
environmental resources and locations. Generally,
where long-term or permanent impacts from the
proposed Project are absent, the potential for additive
cumulative effects with other past, present, and
reasonably foreseeable future projects is negligible.
Keystone’s CMRP and planned mitigation measures,
individual federal and state agency permitting
conditions, and/or existing laws and regulations would,
if permitted, work to control potential impacts and
reduce the proposed Project’s contribution to
cumulative effects.