Notice of Intent To Prepare a Programmatic Environmental Impact Statement To Evaluate Utility-Scale Solar Energy Planning and Amend Resource Management Plans for Renewable Energy Development, 75284-75287 [2022-26659]
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75284
Federal Register / Vol. 87, No. 235 / Thursday, December 8, 2022 / Notices
deysenbach@blm.gov, address: Bureau
of Land Management, Arizona State
Office, 1 North Central Ave., Suite 800,
Phoenix, Arizona 85004. Individuals in
the United States who are deaf,
deafblind, hard of hearing, or have a
speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION:
Regulations found at 43 CFR 2091.3–
1(e) and 2804.25(f) allow the BLM to
temporarily segregate public lands
within a right-of-way application area
for solar energy development from the
operation of the public land laws,
including the Mining Law, by
publication of a Federal Register notice.
The BLM uses this temporary
segregation authority to preserve its
ability to approve, approve with
modifications, or deny proposed rightsof-way, and to facilitate the orderly
administration of the public lands. This
temporary segregation is subject to valid
existing rights, including existing
mining claims located before this
segregation notice. Licenses, permits,
cooperative agreements, or discretionary
land use authorizations of a temporary
nature which would not impact lands
identified in this notice may be allowed
with the approval of an authorized
officer of the BLM during the
segregation period. The lands segregated
under this notice are legally described
as follows:
Sec. 26, N1⁄2NE1⁄4NW1⁄4, NW1⁄4NW1⁄4;
Sec. 28, W1⁄2NE1⁄4, W1⁄2, W1⁄2SE1⁄4;
Sec. 29, NE1⁄4, E1⁄2NW1⁄4, E1⁄2SW1⁄4, SE1⁄4;
Sec. 33, NW1⁄4NW1⁄4NE1⁄4, N1⁄2NW1⁄4,
NW1⁄4SW1⁄4NW1⁄4.
The areas described as the Elisabeth
Solar Project aggregate 2,560 acres, more
or less, according to the official plats of
the surveys of the said lands on file with
the BLM.
As provided in the regulations, the
segregation of lands in this notice will
not exceed 2 years from the date of
publication unless extended for an
additional 2 years through publication
of a new notice in the Federal Register.
The segregation period will terminate
and the land will automatically reopen
to appropriation under the public land
laws, including the mining laws, at the
earliest of the following dates: upon
issuance of a decision by the authorized
officer granting, granting with
modifications, or denying the
application for a right-of-way; without
further administrative action at the end
of the segregation provided for in the
Federal Register notice initiating the
segregation; or upon publication of a
Federal Register notice terminating the
segregation.
Upon termination of the segregation
of these lands, all lands subject to this
segregation will automatically reopen to
appropriation under the public land
laws, including the mining laws.
(Authority: 43 CFR 2091.3–1(e) and 43 CFR
2804.25(f))
Raymond Suazo,
State Director—Arizona State Office.
[FR Doc. 2022–26660 Filed 12–7–22; 8:45 am]
BILLING CODE 4310–32–P
Pinyon Solar Project—AZA38172
Gila and Salt River Meridian, Arizona
T. 4 S., R. 1 E.,
Sec. 34, SW1⁄4SE1⁄4.
T. 5 S., R. 1 E.,
Sec. 2, SW1⁄4NW1⁄4, SW1⁄4, and SW1⁄4SE1⁄4;
Sec. 3, lots 1 thru 4, S1⁄2NE1⁄4, S1⁄2NW1⁄4,
and S1⁄2;
Sec. 10;
Sec. 11, W1⁄2.
The areas described as the Pinyon Solar
Project contain 1,879.92 acres,
according to the official plats of the
surveys of the said lands on file with the
BLM.
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Elisabeth Solar Project—AZA38371
Gila and Salt River Meridian
T. 5 S., R. 12 W.,
Sec. 15, S1⁄2NE1⁄4NE1⁄4, S1⁄2NW1⁄4NE1⁄4,
S1⁄2NE1⁄4, S1⁄2NE1⁄4NW1⁄4,
S1⁄2NW1⁄4NW1⁄4, SE1⁄4;
Sec. 17, SE1⁄4NE1⁄4, SE1⁄4;
Sec. 20, NE1⁄4, SE1⁄4NW1⁄4, E1⁄2SW1⁄4, SE1⁄4;
Sec. 22, E1⁄2NE1⁄4, E1⁄2SE1⁄4;
Sec. 23, W1⁄2;
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLHQ330000.L1340000. PQ0000.234]
Notice of Intent To Prepare a
Programmatic Environmental Impact
Statement To Evaluate Utility-Scale
Solar Energy Planning and Amend
Resource Management Plans for
Renewable Energy Development
Bureau of Land Management,
Interior.
ACTION: Notice of intent.
AGENCY:
In compliance with the
National Environmental Policy Act of
1969, as amended (NEPA), and the
Federal Land Policy and Management
Act of 1976, as amended, the Bureau of
Land Management (BLM) intends to
prepare resource management plan
(RMP) amendments with an associated
SUMMARY:
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programmatic environmental impact
statement (EIS) for the BLM’s utilityscale solar energy planning and by this
notice is announcing the beginning of
the scoping period to solicit public
comments and identify issues and is
providing the planning criteria for
public review.
DATES: The BLM requests that the public
submit comments concerning the scope
of the analysis, potential alternatives,
and identification of relevant
information, and studies by February 6,
2023. To afford the BLM the
opportunity to consider comments in
the Draft programmatic EIS/RMP
amendments, please ensure your
comments are received prior to the close
of the 60-day scoping period or 15 days
after the last public meeting, whichever
is later.
ADDRESSES: You may submit comments
on issues and planning criteria related
to the programmatic EIS for renewable
energy development in Western States
RMP amendments by the following
methods:
• Website: https://eplanning.blm.gov/
eplanning-ui/admin/project/2022371/
510. This is the preferred method of
commenting.
• Email: solar@blm.gov.
• Mail: Solar Energy PEIS Scoping,
1849 C Street NW, Washington, DC
20006.
The BLM will hold two virtual and 12
in-person public scoping meetings at the
following locations:
• Phoenix, Arizona;
• Sacramento, California;
• Grand Junction, Colorado;
• Washington, DC;
• Boise, Idaho;
• Billings, Montana;
• Albuquerque, New Mexico;
• Reno, Nevada;
• Bend, Oregon;
• Salt Lake City, Utah;
• Spokane, Washington; and
• Cheyenne, Wyoming;
The specific dates and locations of
these scoping meetings will be
announced through the local media and
the project website listed above.
FOR FURTHER INFORMATION CONTACT:
Jeremy Bluma, Acting Division Chief,
National Renewable Energy
Coordination Office (NRECO), BLM
Headquarters, jbluma@blm.gov or (208)
789–6014. Individuals in the United
States who are deaf, deafblind, hard of
hearing, or have a speech disability may
dial 711 (TTY, TDD, or TeleBraille) to
access telecommunications relay
services for contacting Mr. Bluma.
Individuals outside the United States
should use the relay services offered
within their country to make
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Federal Register / Vol. 87, No. 235 / Thursday, December 8, 2022 / Notices
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION: Through
this notice, the BLM announces its
intention to initiate a programmatic EIS
for renewable energy development in
Western States and associated RMP
amendments, as appropriate. The
programmatic EIS will predominately
evaluate the environmental effects of
potential modifications to improve and
expand the BLM’s utility-scale solar
energy planning and may involve land
use allocation modifications related to
other renewable energy development
types, such as wind energy. The BLM is
issuing this Notice of Intent to inform
the public about the proposed actions;
announce plans to conduct 14 public
scoping meetings; invite public
participation in the scoping process;
solicit public comments for
consideration in establishing the scope
and content of the programmatic EIS
and alternatives; and identify potential
environmental issues. The BLM will
consult with Indian Tribal Nations on a
government-to-government basis as
described in the Additional Information
section of this notice.
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Background Information
In October of 2012, the BLM signed
the Western Solar Plan Record of
Decision (Western Solar Plan)
implementing solar energy policies,
procedures, and land use plan
amendments related to permitting of
solar energy developments on public
lands in six Southwestern States
(Arizona, California, Colorado, Nevada,
New Mexico, and Utah). The Western
Solar Plan played a large part in
establishing a more comprehensive solar
energy program within the bureau
through authorization policies,
procedures, and design features
applicable to all utility-scale solar
energy development on BLMadministered lands across the six-state
area. It identified categories of lands to
be excluded from utility-scale solar
energy development and specific
locations well suited for utility-scale
production of solar energy where the
BLM prioritizes development (i.e., solar
energy zones or SEZs). The Western
Solar Plan also allowed for
consideration of utility-scale solar
development proposals on lands outside
of SEZs in accordance with procedures
in the variance process established by
the plan and decisions. It also
established certain programmatic design
features for utility-scale solar energy
development on BLM-administered
lands. The Western Solar Plan amended
the land use plans in the six-state study
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area to reflect the identification of
excluded lands and variance lands and
the designation of SEZs. The
designation of SEZs was based on
consideration of a variety of solar
generation technologies, including
concentrated solar technology, which
generally requires substantially flat
areas with high levels of direct sunlight.
Purpose and Need for the Proposed
Action
Updating the BLM’s solar energy
planning would advance the goals of
recent Executive Order 14008 and the
Energy Act of 2020. In Executive Order
14008, Tackling the Climate Crisis at
Home and Abroad, the President
ordered the Secretary of the Interior
(Secretary) to ‘‘review siting and
permitting processes on public lands’’
with a goal of increasing ‘‘renewable
energy production on those lands . . .
while ensuring robust protection for our
lands, waters, and biodiversity and
creating good jobs.’’ The Energy Act of
2020 directs the Secretary to ‘‘seek to
issue permits that, in total, authorize
production of not less than 25 gigawatts
of electricity from wind, solar, and
geothermal energy projects by not later
than 2025, through management of
public lands and administration of
Federal laws.’’ 43 U.S.C. 3004(b).
In the 10 years since the Western
Solar Plan was issued, the BLM has
recognized that updating and expanding
the Solar Energy Program would be
appropriate to advance current and
future renewable energy goals and to
support conservation and climate
priorities. The 2012 Western Solar Plan
facilitated solar development
applications for locations within the
public lands where the landscape was
generally flat, direct sunlight was
ample, and high-value resources would
not be significantly impacted. Due to
technological advancements and
reduced costs in photovoltaic systems,
the BLM has received continued interest
from photovoltaic solar developers in
locations that were allocated as
exclusion areas, under the Western
Solar Plan, based on exclusion criteria
for slope or solar insolation values. The
purpose of this programmatic EIS and
associated RMP amendments is to focus
the BLM’s utility-scale solar energy
planning on resource management on
BLM-administered lands rather than
specifying technology-based criteria for
solar development on public lands;
expand the Program to additional states;
increase opportunities for responsible
renewable energy development in
priority and variance areas; and develop
appropriate criteria to exclude highvalue resource areas from renewable
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energy development. The programmatic
EIS will also consider and adjust policy
or procedural elements of how the
bureau planning for utility-scale solar
energy development on BLMadministered lands where appropriate.
Preliminary Alternatives
The draft programmatic EIS will
analyze a suite of potential
modifications and updates to the
Western Solar Plan to be fully
developed after considering input
received during the scoping period.
The BLM will develop and analyze
alternatives that will include a range of
proposed modifications and updates to
some or all of the aspects of the BLM’s
solar energy planning summarized
below. The BLM has not yet selected a
preferred alternative for any aspect of
the programmatic EIS.
Study Area: The Western Solar Plan
was limited to six Western States
(Arizona, California, Colorado, New
Mexico, Nevada, and Utah) based on
initial resource assessments showing
those states encompassed the most
prospective solar energy resources
suitable for utility-scale development
over the next 20 years as of 2012.
Advancements in technology, updated
resource information, and shifts in
energy market economics have resulted
in the need for an updated assessment
for renewable energy planning.
Additional Western States appear to
have available solar energy resources on
public lands that would be suitable for
development in the coming decades.
The BLM intends that at least one
proposed alternative in the
programmatic EIS would include the 11
Western States (Arizona, California,
Colorado, Idaho, Montana, Nevada, New
Mexico, Oregon, Utah, Washington, and
Wyoming), or portions thereof. The
BLM is interested in feedback on the
appropriate scope of the study area and
may reduce the number of states
included prior to developing the draft
programmatic EIS.
The BLM will consider the extent to
which lands covered by the Desert
Renewable Energy Conservation Plan,
an interagency landscape-scale planning
effort covering 22.5 million acres in
seven southern California counties,
should be included in the study area.
The BLM will also consider the extent
to which lands in Arizona, covered by
the Restoration Design Energy Project,
should be included in the study area for
the programmatic EIS.
Exclusion Criteria: The Western Solar
Plan required that all future utility-scale
solar energy development projects be in
conformance with the Plan’s exclusions
(Table A–2) and the associated land use
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plan amendments (43 CFR 1601.0–5(b)).
Due to the size and scale of utility-scale
solar energy development (generally
involving a single use of public lands),
the BLM excluded a broader set of
categories than would be identified in a
land use plan for other types of rightsof way (ROWs). In all, 32 exclusion
categories apply to some or all of the
area covered by the Western Solar Plan.
It may be appropriate to modify or
eliminate some of these exclusion
categories, based on new information
and advances in technology. For
example, exclusion criteria 1 (excluding
development in locations with slopes
greater than 5 percent) and 2 (excluding
development where insolation values
are below 6.5 kWh/m2/day) were based
on technological constraints present at
the time the 2012 programmatic EIS was
prepared which might no longer apply.
The BLM intends that at least one
proposed alternative would remove
criteria 1 and 2 from the exclusions to
the Solar Energy Program.
The remaining 30 exclusion criteria
are resource-based. The BLM will
consider changes to those exclusions,
particularly with respect to resources in
the States added to the study area. The
BLM is interested in public comment on
whether, in addition to modifying
exclusion criteria for solar energy
development, the Bureau should
establish similar exclusion criteria for
wind energy development.
Land Use Allocations: The Western
Solar Plan and associated land use plan
amendments: (1) excluded lands from
utility-scale solar energy development
based on a variety of criteria (about 79
million acres or 319,702 km2); (2)
identified specific locations well suited
for utility-scale production of solar
energy (i.e., SEZs) where the BLM
prioritizes development (about 285,000
acres or 1,553 km2), and (3) allowed for
responsible utility-scale solar energy
development in variance areas outside
of SEZs and exclusion areas in
accordance with the variance process
described in the 2012 programmatic EIS
(about 19 million acres or 82,964 km2).
The Western Solar Plan emphasized and
incentivized development within SEZs
and included a collaborative process to
identify additional SEZs. The BLM’s
goal in prioritizing and incentivizing
development in SEZs was to speed
development of solar energy projects on
BLM lands with high potential for solar
energy generation and low potential for
resource conflicts. The BLM intends
that at least one proposed alternative
would consider adjustments to the land
use allocations of SEZs, variance areas,
and exclusion areas as well as potential
updates to the process and procedures
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that apply in each area. The BLM will
consider identifying new priority areas
for solar energy development, variance
areas, and exclusion areas, including in
any additional States (e.g., Idaho,
Montana, Oregon, Washington, or
Wyoming) that were not evaluated in
the 2012 programmatic EIS. The BLM is
interested in receiving public feedback
on these and other provisions that could
be addressed under this programmatic
EIS.
Variance Process: The Western Solar
Plan provides for utility-scale energy
development in variance areas outside
of SEZs and exclusion areas.
Applications for solar energy
developments within a variance area are
preliminarily assessed for anticipated
conflicts with sensitive and high-value
resources to identify potential issues
with the siting of the proposed project.
Prospective applicants in variance areas
must schedule and participate in two
preliminary meetings with the BLM
before filing a ROW application.
Following completion of these
preliminary meetings, an applicant is
then required to submit a ROW
application to the BLM along with a
Plan of Development with sufficient
detail to allow the BLM to evaluate the
suitability of the site for utility-scale
solar energy development. Applicants
for ROWs in variance areas are required
to adhere to the data collection and
survey protocols prescribed by resource
agencies. The BLM considers a variety
of factors when evaluating ROW
applications and associated data in
variance areas (see 2012 Western Solar
Plan, Appendix B, Section B.5). The
variance process has been in place for
over a decade and was intended to
support preliminary screening of
applications as a means to validate the
technical and financial feasibility of
proposed solar projects, gauge the
potential for conflicts with key
resources and other existing uses using
available information, and help ensure
that certain up-front coordination has
commenced with appropriate State and
local governments before committing
significant agency resources for a
project-specific NEPA analysis. The
BLM will consider modifications to the
variance process to focus the review and
improve efficiency. Further, the BLM
will consider whether the process
should be included in the programmatic
EIS or whether the variance procedures
would more appropriately be
effectuated by other means, such as
through regulation or policy. The BLM
anticipates at least one proposed
alternative will include changes to the
variance process.
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Additionally, since implementation of
the Western Solar Plan, the majority of
authorized solar developments on
public land have occurred in variance
areas, not SEZs. As such, the BLM will
consider whether the purpose of the
variance process (i.e., pre-screening
potential projects) is being met through
other mechanisms—the BLM
prioritization of applications for solar
development in areas outside of SEZ
and exclusion areas; exercise of the
BLM’s existing authority to deny ROW
applications; and site-specific NEPA
evaluations—such that the variance
process need not be continued.
Definition of Utility-Scale: The
Western Solar Plan was limited to
utility-scale solar energy development,
defined as any project capable of
generating 20 or more megawatts (MW)
of electricity that is delivered into the
electricity transmission grid. Thus,
decisions on projects generating less
than 20 MW have not been made under
the Western Solar Plan and continue to
be made based on existing land use plan
requirements, applicable policy, and
individual site-specific NEPA analyses.
The BLM intends to consider modifying
the definition of utility-scale
development.
Incentivizing Development in SEZ,
i.e., Priority Areas: In the Western Solar
Plan, the BLM stated that it intended to
implement various policies and
procedures for projects in SEZs and
certain other initiatives to incentivize
future utility-scale solar energy
development in SEZs (see Western Solar
Plan, Appendix B, Section B.4.3). The
BLM completed some of these efforts
but believes additional incentives
should be considered. The BLM is
interested in receiving public comment
on what additional incentives would
facilitate faster and easier permitting in
SEZs, improve and facilitate appropriate
mitigation, and encourage solar energy
development on suitable lands adjacent
to SEZs. The BLM also seeks comment
on the extent to which the current
uncertainty and disruptions in global
supply chains might delay deployment
of solar and wind energy development
projects on public lands and how the
BLM could address this concern by
incentivizing the use of American made
solar system components and union
labor.
In addition to a range of alternatives
that will include proposed
modifications and updates to the
Program elements noted above, the BLM
will consider a No Action Alternative.
Under the No Action Alternative, no
changes will be made to the Solar
Energy Program. Under the No Action
Alternative, no changes would be made
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Federal Register / Vol. 87, No. 235 / Thursday, December 8, 2022 / Notices
to solar energy planning in the
additional five Western States (Idaho,
Montana, Oregon, Washington, and
Wyoming) not covered by the Western
Solar Plan.
The BLM welcomes comments on
potential modifications and updates to
the Program elements described above
as well as suggestions for additional
alternatives.
BLM Planning Criteria
The planning criteria guide the
planning effort and lay the groundwork
for effects analysis by identifying the
preliminary issues and their analytical
frameworks. Preliminary issues for the
planning area have been identified by
BLM personnel and from early
engagement conducted for this planning
effort with Federal, State, and local
agencies; Tribes; and other stakeholders.
The BLM has identified several
preliminary issues within the planning
criteria for this planning effort’s
analysis. The planning criteria are
available for public review and
comment at the ePlanning website
https://eplanning.blm.gov/eplanning-ui/
admin/project/2022371/510.
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Summary of Expected Impacts
BLM personnel have identified the
following potential effects to be
examined during the planning process:
effects to natural and cultural resources,
other resource uses, and social and
economic conditions from providing
opportunities on public lands for
renewable energy development. The
BLM will also examine the potential for
improved conservation outcomes in
high-resource value areas allocated as
exclusion areas where renewable energy
development is prohibited or whether
other comprehensive practices could be
implemented for utility-scale solar
development on BLM-administered
public lands to support improved
conservation outcomes. The BLM is
accepting public input on these issues
during the scoping period, consistent
with 43 CFR 1610.4–1. The
programmatic EIS will describe the
environment of the planning area that
could be affected by the alternatives
under consideration and will evaluate
reasonably foreseeable impacts.
The public is invited to comment on
information about the relationships
among solar energy developments on
public lands and the balance between
the nation’s energy needs and other
public land resources and uses, as well
as relevant social and economic factors.
This information will inform the scope
of BLM’s alternatives and impact
analysis in the programmatic EIS.
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Public Scoping Process
This notice of intent initiates the
scoping period and public review of the
planning criteria, which guide the
development and analysis in the
programmatic EIS and associated land
use plan amendments. The BLM will be
holding two virtual and 12 in-person
scoping meetings. The specific dates
and locations of these scoping meetings
will be announced at least 15 days in
advance through ePlanning project page
and on the BLM website (see ADDRESSES
section)
Interdisciplinary Team
The BLM will use an interdisciplinary
approach to develop the programmatic
EIS and land use plan amendments in
order to consider the variety of resource
issues and concerns identified. Bureau
experts involved in this effort will
include, without limitation, the
following disciplines: rangeland
management, minerals and geology,
forestry, outdoor recreation,
archaeology, paleontology, wildlife and
fisheries, lands and realty, hydrology,
soils, sociology and economics.
Additional Information
The BLM will identify, analyze, and
consider potential mitigation to address
the reasonably foreseeable impacts to
resources from the proposed plan
amendments and all analyzed
reasonable alternatives and, in
accordance with 40 CFR 1502.14(e),
include appropriate mitigation measures
not already included in the proposed
plan amendments or alternatives.
Mitigation may include avoidance,
minimization, rectification, reduction or
elimination over time, and
compensation, and may be considered
at multiple scales, including the
landscape scale.
The BLM will utilize and coordinate
the NEPA and land use planning
processes for this planning effort to help
support compliance with applicable
procedural requirements under the
Endangered Species Act (16 U.S.C.
1536) and Section 106 of the National
Historic Preservation Act (54 U.S.C.
306108) as provided in 36 CFR
800.2(d)(3), including public
involvement requirements of Section
106. The information about historic and
cultural resources and threatened and
endangered species within the area
potentially affected by the proposed
plan will assist the BLM in identifying
and evaluating impacts to such
resources.
The BLM will consult with Indian
Tribal Nations on a government-togovernment basis in accordance with
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75287
Executive Order 13175, BLM MS 1780,
and other Departmental policies. Tribal
concerns, including impacts on Indian
trust assets and potential impacts to
cultural resources, will be given due
consideration. Federal, State, and local
agencies, along with Indian Tribal
Nations and other stakeholders that may
be interested in or affected by the
proposed changes to the BLM’s solar
energy planning and RMP amendments
that the BLM is evaluating, are invited
to participate in the scoping process
and, if eligible, may request or be
requested by the BLM to participate in
the development of the environmental
analysis as a cooperating agency. The
BLM will engage in government-togovernment consultation meetings. The
BLM will provide written invitations to
potentially affected Tribal Nations prior
to the meetings. The BLM will provide
additional opportunities for
government-to-government consultation
throughout the NEPA process.
Interested parties not submitting
comments at this time but who would
like to receive a copy of the draft
programmatic EIS and other project
materials should indicate their
preference through the project website
(https://eplanning.blm.gov/eplanningui/admin/project/2022371/510).
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Authority: 40 CFR 1501.9 and 43 CFR
1610.2.
Tracy Stone-Manning,
Director, Bureau of Land Management,
Department of the Interior.
[FR Doc. 2022–26659 Filed 12–7–22; 8:45 am]
BILLING CODE 4310–84–P
DEPARTMENT OF THE INTERIOR
National Park Service
[NPS–WASO–NRNHL–DTS#–34925;
PPWOCRADI0, PCU00RP14.R50000]
National Register of Historic Places;
Notification of Pending Nominations
and Related Actions
National Park Service, Interior.
Notice.
AGENCY:
ACTION:
The National Park Service is
soliciting electronic comments on the
SUMMARY:
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]]>Agencies
[Federal Register Volume 87, Number 235 (Thursday, December 8, 2022)]
[Notices]
[Pages 75284-75287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26659]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLHQ330000.L1340000. PQ0000.234]
Notice of Intent To Prepare a Programmatic Environmental Impact
Statement To Evaluate Utility-Scale Solar Energy Planning and Amend
Resource Management Plans for Renewable Energy Development
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of intent.
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SUMMARY: In compliance with the National Environmental Policy Act of
1969, as amended (NEPA), and the Federal Land Policy and Management Act
of 1976, as amended, the Bureau of Land Management (BLM) intends to
prepare resource management plan (RMP) amendments with an associated
programmatic environmental impact statement (EIS) for the BLM's
utility-scale solar energy planning and by this notice is announcing
the beginning of the scoping period to solicit public comments and
identify issues and is providing the planning criteria for public
review.
DATES: The BLM requests that the public submit comments concerning the
scope of the analysis, potential alternatives, and identification of
relevant information, and studies by February 6, 2023. To afford the
BLM the opportunity to consider comments in the Draft programmatic EIS/
RMP amendments, please ensure your comments are received prior to the
close of the 60-day scoping period or 15 days after the last public
meeting, whichever is later.
ADDRESSES: You may submit comments on issues and planning criteria
related to the programmatic EIS for renewable energy development in
Western States RMP amendments by the following methods:
Website: https://eplanning.blm.gov/eplanning-ui/admin/project/2022371/510. This is the preferred method of commenting.
Email: [email protected].
Mail: Solar Energy PEIS Scoping, 1849 C Street NW,
Washington, DC 20006.
The BLM will hold two virtual and 12 in-person public scoping
meetings at the following locations:
Phoenix, Arizona;
Sacramento, California;
Grand Junction, Colorado;
Washington, DC;
Boise, Idaho;
Billings, Montana;
Albuquerque, New Mexico;
Reno, Nevada;
Bend, Oregon;
Salt Lake City, Utah;
Spokane, Washington; and
Cheyenne, Wyoming;
The specific dates and locations of these scoping meetings will be
announced through the local media and the project website listed above.
FOR FURTHER INFORMATION CONTACT: Jeremy Bluma, Acting Division Chief,
National Renewable Energy Coordination Office (NRECO), BLM
Headquarters, [email protected] or (208) 789-6014. Individuals in the
United States who are deaf, deafblind, hard of hearing, or have a
speech disability may dial 711 (TTY, TDD, or TeleBraille) to access
telecommunications relay services for contacting Mr. Bluma. Individuals
outside the United States should use the relay services offered within
their country to make
[[Page 75285]]
international calls to the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION: Through this notice, the BLM announces its
intention to initiate a programmatic EIS for renewable energy
development in Western States and associated RMP amendments, as
appropriate. The programmatic EIS will predominately evaluate the
environmental effects of potential modifications to improve and expand
the BLM's utility-scale solar energy planning and may involve land use
allocation modifications related to other renewable energy development
types, such as wind energy. The BLM is issuing this Notice of Intent to
inform the public about the proposed actions; announce plans to conduct
14 public scoping meetings; invite public participation in the scoping
process; solicit public comments for consideration in establishing the
scope and content of the programmatic EIS and alternatives; and
identify potential environmental issues. The BLM will consult with
Indian Tribal Nations on a government-to-government basis as described
in the Additional Information section of this notice.
Background Information
In October of 2012, the BLM signed the Western Solar Plan Record of
Decision (Western Solar Plan) implementing solar energy policies,
procedures, and land use plan amendments related to permitting of solar
energy developments on public lands in six Southwestern States
(Arizona, California, Colorado, Nevada, New Mexico, and Utah). The
Western Solar Plan played a large part in establishing a more
comprehensive solar energy program within the bureau through
authorization policies, procedures, and design features applicable to
all utility-scale solar energy development on BLM-administered lands
across the six-state area. It identified categories of lands to be
excluded from utility-scale solar energy development and specific
locations well suited for utility-scale production of solar energy
where the BLM prioritizes development (i.e., solar energy zones or
SEZs). The Western Solar Plan also allowed for consideration of
utility-scale solar development proposals on lands outside of SEZs in
accordance with procedures in the variance process established by the
plan and decisions. It also established certain programmatic design
features for utility-scale solar energy development on BLM-administered
lands. The Western Solar Plan amended the land use plans in the six-
state study area to reflect the identification of excluded lands and
variance lands and the designation of SEZs. The designation of SEZs was
based on consideration of a variety of solar generation technologies,
including concentrated solar technology, which generally requires
substantially flat areas with high levels of direct sunlight.
Purpose and Need for the Proposed Action
Updating the BLM's solar energy planning would advance the goals of
recent Executive Order 14008 and the Energy Act of 2020. In Executive
Order 14008, Tackling the Climate Crisis at Home and Abroad, the
President ordered the Secretary of the Interior (Secretary) to ``review
siting and permitting processes on public lands'' with a goal of
increasing ``renewable energy production on those lands . . . while
ensuring robust protection for our lands, waters, and biodiversity and
creating good jobs.'' The Energy Act of 2020 directs the Secretary to
``seek to issue permits that, in total, authorize production of not
less than 25 gigawatts of electricity from wind, solar, and geothermal
energy projects by not later than 2025, through management of public
lands and administration of Federal laws.'' 43 U.S.C. 3004(b).
In the 10 years since the Western Solar Plan was issued, the BLM
has recognized that updating and expanding the Solar Energy Program
would be appropriate to advance current and future renewable energy
goals and to support conservation and climate priorities. The 2012
Western Solar Plan facilitated solar development applications for
locations within the public lands where the landscape was generally
flat, direct sunlight was ample, and high-value resources would not be
significantly impacted. Due to technological advancements and reduced
costs in photovoltaic systems, the BLM has received continued interest
from photovoltaic solar developers in locations that were allocated as
exclusion areas, under the Western Solar Plan, based on exclusion
criteria for slope or solar insolation values. The purpose of this
programmatic EIS and associated RMP amendments is to focus the BLM's
utility-scale solar energy planning on resource management on BLM-
administered lands rather than specifying technology-based criteria for
solar development on public lands; expand the Program to additional
states; increase opportunities for responsible renewable energy
development in priority and variance areas; and develop appropriate
criteria to exclude high-value resource areas from renewable energy
development. The programmatic EIS will also consider and adjust policy
or procedural elements of how the bureau planning for utility-scale
solar energy development on BLM-administered lands where appropriate.
Preliminary Alternatives
The draft programmatic EIS will analyze a suite of potential
modifications and updates to the Western Solar Plan to be fully
developed after considering input received during the scoping period.
The BLM will develop and analyze alternatives that will include a
range of proposed modifications and updates to some or all of the
aspects of the BLM's solar energy planning summarized below. The BLM
has not yet selected a preferred alternative for any aspect of the
programmatic EIS.
Study Area: The Western Solar Plan was limited to six Western
States (Arizona, California, Colorado, New Mexico, Nevada, and Utah)
based on initial resource assessments showing those states encompassed
the most prospective solar energy resources suitable for utility-scale
development over the next 20 years as of 2012. Advancements in
technology, updated resource information, and shifts in energy market
economics have resulted in the need for an updated assessment for
renewable energy planning. Additional Western States appear to have
available solar energy resources on public lands that would be suitable
for development in the coming decades. The BLM intends that at least
one proposed alternative in the programmatic EIS would include the 11
Western States (Arizona, California, Colorado, Idaho, Montana, Nevada,
New Mexico, Oregon, Utah, Washington, and Wyoming), or portions
thereof. The BLM is interested in feedback on the appropriate scope of
the study area and may reduce the number of states included prior to
developing the draft programmatic EIS.
The BLM will consider the extent to which lands covered by the
Desert Renewable Energy Conservation Plan, an interagency landscape-
scale planning effort covering 22.5 million acres in seven southern
California counties, should be included in the study area. The BLM will
also consider the extent to which lands in Arizona, covered by the
Restoration Design Energy Project, should be included in the study area
for the programmatic EIS.
Exclusion Criteria: The Western Solar Plan required that all future
utility-scale solar energy development projects be in conformance with
the Plan's exclusions (Table A-2) and the associated land use
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plan amendments (43 CFR 1601.0-5(b)). Due to the size and scale of
utility-scale solar energy development (generally involving a single
use of public lands), the BLM excluded a broader set of categories than
would be identified in a land use plan for other types of rights-of way
(ROWs). In all, 32 exclusion categories apply to some or all of the
area covered by the Western Solar Plan.
It may be appropriate to modify or eliminate some of these
exclusion categories, based on new information and advances in
technology. For example, exclusion criteria 1 (excluding development in
locations with slopes greater than 5 percent) and 2 (excluding
development where insolation values are below 6.5 kWh/m\2\/day) were
based on technological constraints present at the time the 2012
programmatic EIS was prepared which might no longer apply. The BLM
intends that at least one proposed alternative would remove criteria 1
and 2 from the exclusions to the Solar Energy Program.
The remaining 30 exclusion criteria are resource-based. The BLM
will consider changes to those exclusions, particularly with respect to
resources in the States added to the study area. The BLM is interested
in public comment on whether, in addition to modifying exclusion
criteria for solar energy development, the Bureau should establish
similar exclusion criteria for wind energy development.
Land Use Allocations: The Western Solar Plan and associated land
use plan amendments: (1) excluded lands from utility-scale solar energy
development based on a variety of criteria (about 79 million acres or
319,702 km\2\); (2) identified specific locations well suited for
utility-scale production of solar energy (i.e., SEZs) where the BLM
prioritizes development (about 285,000 acres or 1,553 km\2\), and (3)
allowed for responsible utility-scale solar energy development in
variance areas outside of SEZs and exclusion areas in accordance with
the variance process described in the 2012 programmatic EIS (about 19
million acres or 82,964 km\2\). The Western Solar Plan emphasized and
incentivized development within SEZs and included a collaborative
process to identify additional SEZs. The BLM's goal in prioritizing and
incentivizing development in SEZs was to speed development of solar
energy projects on BLM lands with high potential for solar energy
generation and low potential for resource conflicts. The BLM intends
that at least one proposed alternative would consider adjustments to
the land use allocations of SEZs, variance areas, and exclusion areas
as well as potential updates to the process and procedures that apply
in each area. The BLM will consider identifying new priority areas for
solar energy development, variance areas, and exclusion areas,
including in any additional States (e.g., Idaho, Montana, Oregon,
Washington, or Wyoming) that were not evaluated in the 2012
programmatic EIS. The BLM is interested in receiving public feedback on
these and other provisions that could be addressed under this
programmatic EIS.
Variance Process: The Western Solar Plan provides for utility-scale
energy development in variance areas outside of SEZs and exclusion
areas. Applications for solar energy developments within a variance
area are preliminarily assessed for anticipated conflicts with
sensitive and high-value resources to identify potential issues with
the siting of the proposed project. Prospective applicants in variance
areas must schedule and participate in two preliminary meetings with
the BLM before filing a ROW application. Following completion of these
preliminary meetings, an applicant is then required to submit a ROW
application to the BLM along with a Plan of Development with sufficient
detail to allow the BLM to evaluate the suitability of the site for
utility-scale solar energy development. Applicants for ROWs in variance
areas are required to adhere to the data collection and survey
protocols prescribed by resource agencies. The BLM considers a variety
of factors when evaluating ROW applications and associated data in
variance areas (see 2012 Western Solar Plan, Appendix B, Section B.5).
The variance process has been in place for over a decade and was
intended to support preliminary screening of applications as a means to
validate the technical and financial feasibility of proposed solar
projects, gauge the potential for conflicts with key resources and
other existing uses using available information, and help ensure that
certain up-front coordination has commenced with appropriate State and
local governments before committing significant agency resources for a
project-specific NEPA analysis. The BLM will consider modifications to
the variance process to focus the review and improve efficiency.
Further, the BLM will consider whether the process should be included
in the programmatic EIS or whether the variance procedures would more
appropriately be effectuated by other means, such as through regulation
or policy. The BLM anticipates at least one proposed alternative will
include changes to the variance process.
Additionally, since implementation of the Western Solar Plan, the
majority of authorized solar developments on public land have occurred
in variance areas, not SEZs. As such, the BLM will consider whether the
purpose of the variance process (i.e., pre-screening potential
projects) is being met through other mechanisms--the BLM prioritization
of applications for solar development in areas outside of SEZ and
exclusion areas; exercise of the BLM's existing authority to deny ROW
applications; and site-specific NEPA evaluations--such that the
variance process need not be continued.
Definition of Utility-Scale: The Western Solar Plan was limited to
utility-scale solar energy development, defined as any project capable
of generating 20 or more megawatts (MW) of electricity that is
delivered into the electricity transmission grid. Thus, decisions on
projects generating less than 20 MW have not been made under the
Western Solar Plan and continue to be made based on existing land use
plan requirements, applicable policy, and individual site-specific NEPA
analyses. The BLM intends to consider modifying the definition of
utility-scale development.
Incentivizing Development in SEZ, i.e., Priority Areas: In the
Western Solar Plan, the BLM stated that it intended to implement
various policies and procedures for projects in SEZs and certain other
initiatives to incentivize future utility-scale solar energy
development in SEZs (see Western Solar Plan, Appendix B, Section
B.4.3). The BLM completed some of these efforts but believes additional
incentives should be considered. The BLM is interested in receiving
public comment on what additional incentives would facilitate faster
and easier permitting in SEZs, improve and facilitate appropriate
mitigation, and encourage solar energy development on suitable lands
adjacent to SEZs. The BLM also seeks comment on the extent to which the
current uncertainty and disruptions in global supply chains might delay
deployment of solar and wind energy development projects on public
lands and how the BLM could address this concern by incentivizing the
use of American made solar system components and union labor.
In addition to a range of alternatives that will include proposed
modifications and updates to the Program elements noted above, the BLM
will consider a No Action Alternative. Under the No Action Alternative,
no changes will be made to the Solar Energy Program. Under the No
Action Alternative, no changes would be made
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to solar energy planning in the additional five Western States (Idaho,
Montana, Oregon, Washington, and Wyoming) not covered by the Western
Solar Plan.
The BLM welcomes comments on potential modifications and updates to
the Program elements described above as well as suggestions for
additional alternatives.
BLM Planning Criteria
The planning criteria guide the planning effort and lay the
groundwork for effects analysis by identifying the preliminary issues
and their analytical frameworks. Preliminary issues for the planning
area have been identified by BLM personnel and from early engagement
conducted for this planning effort with Federal, State, and local
agencies; Tribes; and other stakeholders. The BLM has identified
several preliminary issues within the planning criteria for this
planning effort's analysis. The planning criteria are available for
public review and comment at the ePlanning website https://eplanning.blm.gov/eplanning-ui/admin/project/2022371/510.
Summary of Expected Impacts
BLM personnel have identified the following potential effects to be
examined during the planning process: effects to natural and cultural
resources, other resource uses, and social and economic conditions from
providing opportunities on public lands for renewable energy
development. The BLM will also examine the potential for improved
conservation outcomes in high-resource value areas allocated as
exclusion areas where renewable energy development is prohibited or
whether other comprehensive practices could be implemented for utility-
scale solar development on BLM-administered public lands to support
improved conservation outcomes. The BLM is accepting public input on
these issues during the scoping period, consistent with 43 CFR 1610.4-
1. The programmatic EIS will describe the environment of the planning
area that could be affected by the alternatives under consideration and
will evaluate reasonably foreseeable impacts.
The public is invited to comment on information about the
relationships among solar energy developments on public lands and the
balance between the nation's energy needs and other public land
resources and uses, as well as relevant social and economic factors.
This information will inform the scope of BLM's alternatives and impact
analysis in the programmatic EIS.
Public Scoping Process
This notice of intent initiates the scoping period and public
review of the planning criteria, which guide the development and
analysis in the programmatic EIS and associated land use plan
amendments. The BLM will be holding two virtual and 12 in-person
scoping meetings. The specific dates and locations of these scoping
meetings will be announced at least 15 days in advance through
ePlanning project page and on the BLM website (see ADDRESSES section)
Interdisciplinary Team
The BLM will use an interdisciplinary approach to develop the
programmatic EIS and land use plan amendments in order to consider the
variety of resource issues and concerns identified. Bureau experts
involved in this effort will include, without limitation, the following
disciplines: rangeland management, minerals and geology, forestry,
outdoor recreation, archaeology, paleontology, wildlife and fisheries,
lands and realty, hydrology, soils, sociology and economics.
Additional Information
The BLM will identify, analyze, and consider potential mitigation
to address the reasonably foreseeable impacts to resources from the
proposed plan amendments and all analyzed reasonable alternatives and,
in accordance with 40 CFR 1502.14(e), include appropriate mitigation
measures not already included in the proposed plan amendments or
alternatives. Mitigation may include avoidance, minimization,
rectification, reduction or elimination over time, and compensation,
and may be considered at multiple scales, including the landscape
scale.
The BLM will utilize and coordinate the NEPA and land use planning
processes for this planning effort to help support compliance with
applicable procedural requirements under the Endangered Species Act (16
U.S.C. 1536) and Section 106 of the National Historic Preservation Act
(54 U.S.C. 306108) as provided in 36 CFR 800.2(d)(3), including public
involvement requirements of Section 106. The information about historic
and cultural resources and threatened and endangered species within the
area potentially affected by the proposed plan will assist the BLM in
identifying and evaluating impacts to such resources.
The BLM will consult with Indian Tribal Nations on a government-to-
government basis in accordance with Executive Order 13175, BLM MS 1780,
and other Departmental policies. Tribal concerns, including impacts on
Indian trust assets and potential impacts to cultural resources, will
be given due consideration. Federal, State, and local agencies, along
with Indian Tribal Nations and other stakeholders that may be
interested in or affected by the proposed changes to the BLM's solar
energy planning and RMP amendments that the BLM is evaluating, are
invited to participate in the scoping process and, if eligible, may
request or be requested by the BLM to participate in the development of
the environmental analysis as a cooperating agency. The BLM will engage
in government-to-government consultation meetings. The BLM will provide
written invitations to potentially affected Tribal Nations prior to the
meetings. The BLM will provide additional opportunities for government-
to-government consultation throughout the NEPA process.
Interested parties not submitting comments at this time but who
would like to receive a copy of the draft programmatic EIS and other
project materials should indicate their preference through the project
website (https://eplanning.blm.gov/eplanning-ui/admin/project/2022371/510).
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Authority: 40 CFR 1501.9 and 43 CFR 1610.2.
Tracy Stone-Manning,
Director, Bureau of Land Management, Department of the Interior.
[FR Doc. 2022-26659 Filed 12-7-22; 8:45 am]
BILLING CODE 4310-84-P
