The proposed Hilcorp Alaska LLC Liberty Development project requires Federal Action (i.e., a permit) under three U.S. Army Corps of Engineers (USACE) regulatory authorities, in addition to Section 4(f) of OCSLA, which addresses construction of artificial islands on the seabed to the seaward limit of the outer continental shelf. USACE jurisdiction over an artificial island in OCS on “lands” under mineral lease from MMS (now BOEM) is limited to the evaluation of impacts to navigation and national security, 33 CFR 322.5 (f). 

Section 404 (b) of the Clean Water Act contains the guidelines for specification of disposal sites for dredged or fill material into waters of the United States (33 USC §§ 1344, 1362) (pipeline in territorial sea, gravel material site in wetlands, VSMs and gravel pads supporting pipeline construction in wetlands). In summary, dredge or fill material shall not be permitted if it violates any applicable State water quality standard; violates any applicable toxic effluent standard; jeopardizes the continued existence of species listed as threatened or endangered; or violates any marine sanctuary protection requirements.

Section 10 of the RHA (commonly referred to as the Rivers and Harbors Act) addresses the construction or modification of structures in navigable waters, or the accomplishment of any other work affecting the course, location, condition, or physical capacity of navigable waters (33 USC §§ 403).

Section 10 of the RHA would also apply to the construction of the pipeline in water on the OCS and in territorial seas. 

BOEM issued their final Record of Decision on October 22, 2018.  The Alaska District issued their final Record of Decision on February 8, 2019. 

 The signed permit was received on April 30, 2019 and countersigned on May 1, 2019.