National Environmental Policy Act Implementing Procedures for the Bureau of Land Management, 84380-84383 [2024-24358]

Agencies

• DEPARTMENT OF THE INTERIOR
• Office of the Secretary

[Federal Register Volume 89, Number 204 (Tuesday, October 22, 2024)]
[Notices]
[Pages 84380-84383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24358]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary

[BLM_HQ_FRN_MO4500181945]


National Environmental Policy Act Implementing Procedures for the 
Bureau of Land Management

AGENCY: Office of the Secretary, Interior.

ACTION: Notice.

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SUMMARY: This notice announces the Department of the Interior's 
(Department) proposal to revise the National Environmental Policy Act 
implementing procedures for the Bureau of Land Management (BLM) at 
Chapter 11 of Part 516 of the Departmental Manual (DM) to add a new 
categorical exclusion for geothermal resource confirmation activities 
on Federal geothermal resource leases.

DATES: Comments must be postmarked (for mailed comments), delivered 
(for personal or messenger delivery comments), or filed (for electronic 
comments) no later than November 21, 2024.

ADDRESSES: The public can review the Substantiation Report for the 
proposed new CX online at: https://eplanning.blm.gov/eplanning-ui/project/2034686/510. Comments can be submitted using:

--BLM National NEPA Register: https://eplanning.blm.gov/eplanning-ui/project/2034686/510. Follow the instruction at this website.
--Mail, personal or messenger delivery: U.S. Department of the 
Interior, Bureau of Land Management, Attention: HQ330 Geothermal 
Resource Confirmation Categorical Exclusion, 1849 C Street NW, 
Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT: Heather Bernier, Division Chief, 
Decision Support, Planning, and NEPA, at (303) 239-3635, or 
[email protected]. 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-
of-contact in the United States.

SUPPLEMENTARY INFORMATION:

Background

    The National Environmental Policy Act (NEPA), 42 U.S.C. 4321 et 
seq., requires Federal agencies to consider the environmental effects 
of their proposed actions in their decision-making processes and to 
inform and engage the public in that process. Section 101(a) of NEPA 
sets forth a national policy to use all practicable means and measures, 
including financial and technical assistance, in a manner calculated to 
foster and promote the general welfare, to create and maintain 
conditions under which humans and nature can exist in productive 
harmony, and fulfill the social, economic, and other requirements of 
present and future generations of Americans. 42 U.S.C. 4331(a). Section 
102 of NEPA directs agencies to interpret and administer Federal 
policies, regulations, and laws consistent with NEPA's policies. 42 
U.S.C. 4332.
    To comply with NEPA, agencies determine the appropriate level of 
review for a proposed action: an environmental impact statement (EIS), 
an environmental assessment (EA), or a categorical exclusion (CX). 40 
CFR 1501.3(c). If a proposed action is likely to have significant 
environmental effects, the agency will prepare an EIS and document its 
decision in a record of decision. 40 CFR part 1502, 1505.2. If the 
proposed action is not likely to have significant environmental effects 
or the level of significance is unknown, the agency will prepare an EA, 
which involves a more concise analysis and process than an EIS. 40 CFR 
1501.5. Following preparation of an EA, the agency may reach a finding 
of no significant impact (FONSI) if the analysis shows that the action 
will have no significant effects. 40 CFR 1501.6. If, following 
preparation of an EA, the agency finds that the proposed action will 
have significant effects, it will prepare an EIS before authorizing the 
action. 40 CFR 1501.6(a)(3).
    Under NEPA and the Council on Environmental Quality's (CEQ's) 
implementing regulations, a Federal

[[Page 84381]]

agency must establish CXs--categories of actions that the agency has 
determined normally do not significantly affect the quality of the 
human environment, individually or in the aggregate--in its agency NEPA 
procedures. 42 U.S.C. 4336(e)(1); 40 CFR 1501.4, 1507.3(c)(8), 
1508.1(e). If an agency determines that a CX covers a proposed action, 
the agency then evaluates the proposed action for any extraordinary 
circumstances in which a normally excluded action may have a 
significant effect. 40 CFR 1501.4(b), 1508.1(o). Responsible Officials 
in the Department's bureaus evaluate proposed actions for the existence 
of extraordinary circumstances in accordance with the Department's NEPA 
implementing regulations at 43 CFR 46.205 and 46.215; see also 40 CFR 
1501.4(b), (b)(1)-(2).
    Under NEPA, a CX is defined as ``a category of actions that a 
Federal agency has determined normally does not significantly affect 
the quality of the human environment.'' 42 U.S.C. 4336e. CEQ recognizes 
that CXs increase efficiency by reducing the resources spent analyzing 
proposals that normally do not have potentially significant 
environmental effects, thereby allowing those resources to be focused 
on proposals that are more likely to have significant environmental 
effects.\1\ The appropriate use of CXs allows NEPA compliance, in the 
absence of extraordinary circumstances that merit further 
consideration, to be concluded without preparing either an EA or an 
EIS.
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    \1\ Council on Environmental Quality (CEQ), Establishing, 
Applying, and Revising Categorical Exclusions under the 
Environmental Policy Act, at 2-3. November 23, 2010. https://ceq.doe.gov/docs/ceq-regulations-and-guidance/NEPA_CE_Guidance_Nov232010.pdf.
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    The Department's revised NEPA procedures were published in the 
Federal Register on October 15, 2008 (73 FR 61292), and are codified at 
43 CFR part 46. Additional Department-wide NEPA policy may be found in 
the DM, in chapters 1 through 4 of part 516. The NEPA procedures for 
the Department's bureaus are published as additional chapters of DM 
part 516. Chapter 11 of 516 DM covers the BLM's procedures. The BLM's 
current procedures can be found at: https://www.doi.gov/sites/doi.gov/files/elips/documents/516-dm-11_0.pdf. These procedures address policy 
as well as procedure to assure compliance with the spirit and intent of 
NEPA.

Rationale for the Proposed New CX

    The Department proposes to establish this new Geothermal Resource 
Confirmation (GRC) CX to facilitate the permitting of operations plans 
(OPs) for lessees to drill and test resource wells and expedite 
renewable energy development on public lands. Geothermal resource 
confirmation drilling usually includes at least three wells drilled 
into the resource to evaluate commercial viability of the resource, and 
to determine the extent of the resource by demonstrating communication 
between wells. Authorizing any OPs for post-leasing drilling operations 
(to directly test for and confirm the existence of a geothermal 
resource) currently requires the BLM to prepare an EA to comply with 
NEPA. The BLM's goal is to shift its analytical resources away from 
preparing EAs for actions that have been demonstrated to result in no 
significant impacts towards those that may. BLM has long experience 
with approval of OPs for geothermal resource confirmation operations 
and is familiar with the environmental effects of these activities, 
none of which normally result in significant or unanticipated effects 
to other resource values or uses.
    To substantiate its determination that the proposed new GRC CX 
describes a category of actions that does not normally have a 
significant effect on the environment, individually or in the 
aggregate, BLM assessed the environmental effects of previously 
implemented geothermal resource confirmation projects by evaluating 26 
BLM EAs that concluded with FONSIs and validating these environmental 
reviews by conducting post-implementation evaluations that confirmed 
the findings.
    A record of the BLM's review can be found in the Substantiation 
Report for the proposed new CX (GRC CX Substantiation Report), which is 
available at https://eplanning.blm.gov/eplanning-ui/project/2034686/510, incorporated by reference here, and summarized in the 
Justification for Change section below. Based upon this information, 
the BLM has found that the establishment of a CX is appropriate because 
no significant effects normally result from GRC operations conducted 
within the proposed parameters. Establishing the proposed new CX would 
ensure a timely process for review and processing of operations plan 
applications for geothermal resource confirmation drilling and testing 
projects that normally do not have significant effects.

Description of Change

    The Department proposes to add one CX to 516 DM 11.9 at Section B. 
Oil, Gas and Geothermal Energy. The language of the proposed new CX at 
516 DM 11.9 B (7) is:

    Approval of an operations plan for geothermal resource 
confirmation wells (e.g., core drilling, temperature gradient wells, 
and/or resource wells), including, but not limited to, construction 
of temporary routes for access, reclamation of all surface 
disturbance, and direct testing (e.g., flow tests) to confirm the 
existence of a geothermal resource, to improve injection support, or 
to demonstrate communication between wells that:
     Does not include resource utilization;
     Does not exceed 20 acres of total (contiguous or 
noncontiguous) surface disturbance;
     Includes reclamation of temporary routes when their 
intended purpose(s) has been fulfilled, unless through a separate 
review and decision-making process the BLM incorporates and 
appropriately designates a route as part of its transportation 
system. Unless a temporary route is specifically intended to 
accommodate public use, use of the temporary route is limited to 
project specific geothermal resource confirmation purposes;
     Requires temporary routes to be constructed and used to 
allow for the reclamation, by artificial or natural means, of the 
temporary route and areas where the vegetative cover was disturbed 
by the construction or use of the route, and requires such treatment 
to be designed to reestablish vegetative cover as soon as possible, 
but at least within 10 years after approved reclamation commences; 
and
     Includes design elements to protect resources and 
resource uses consistent with the applicable Resource Management 
Plan, laws, regulations, and lease terms.

    The BLM's intent in establishing this CX is to improve the 
efficiency of routine environmental review processes for geothermal 
resource confirmation. When applying this CX, Responsible Officials at 
the BLM will evaluate the proposed actions to determine whether there 
are any extraordinary circumstances. The Department's extraordinary 
circumstances are listed at 43 CFR 46.215 and include, in part, 
consideration of impacts on public health and safety; natural resources 
and unique geographic characteristics as historic or cultural 
resources; park, recreation, or refuge lands; wilderness areas; wild or 
scenic rivers; national natural landmarks, sole or principal drinking 
water aquifers; prime farmlands; wetlands; floodplains; national 
monuments; migratory birds; and other ecologically significant or 
critical areas; unresolved conflicts concerning alternative uses of 
available resources; unique or unknown environmental risks; precedent 
for future decision-making; historic properties; listed species or 
critical habitat; low income or minority populations; access by Indian 
religious

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practitioners to, and for ceremonial use of, Indian sacred sites and 
the physical integrity of those sites; and contribution to the 
introduction, continued existence, or spread of invasive weeds or non-
native invasive species. Responsible Officials in the BLM are required 
to review any proposed action for which they intend to rely on a CX, as 
provided at 43 CFR 46.205, by comparing it with the list at 43 CFR 
46.215, and to document that review in accordance with any applicable 
BLM NEPA or program guidance. The Responsible Official will assess 
whether an extraordinary circumstance exists. If the Responsible 
Official cannot rely on a CX to support a decision on a particular 
proposed action due to extraordinary circumstances, the Responsible 
Official will prepare an EA or EIS, consistent with 40 CFR 1501.4(b)(2) 
and 43 CFR 46.205(c).
    The public is asked to review and comment on the proposed new CX. 
To be considered, any comments on this proposed addition to the list of 
CXs in the DM must be received by the date listed in the DATES section 
of this notice at the location listed in the ADDRESSES section. 
Comments received after that date will be considered only to the extent 
practicable. Comments, including names and addresses of respondents, 
will be part of the public record and available for public review at 
the BLM address shown in the ADDRESSES section, during business hours, 
8 a.m. to 4:30 p.m., Monday through Friday, except holidays. Before 
including your address, telephone number, email address, or other 
personal identifying information in your comment, you should be aware 
that your entire comment--including your personally 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.

Justification for Change

    The BLM proposes this GRC CX after reviewing existing BLM NEPA 
analyses and available scientific research on the effects of routine 
actions that would be included in the proposed new CX over time and 
over different geographic areas. The BLM has documented in detail the 
justification for establishing this new CX in the Substantiation 
Report, which is incorporated by reference here and available to review 
in full at the websites shown in ADDRESSES.
    Pursuant to the Geothermal Steam Act of 1970, the BLM is 
responsible for issuing leases for geothermal resource development and 
managing resource development, in part by processing permit 
applications for drilling, production, and utilization (electrical 
generation) on the Federal mineral estate. This authority encompasses 
approximately 700 million acres of Federal minerals, including BLM-
managed public lands, National Forest System lands, other Federal 
lands, as well as split estate (e.g., non-Federal surface) lands where 
the Federal Government has retained the mineral estate.
    Geothermal energy offers the Nation a clean, domestic, and abundant 
renewable resource. Conventional (hydrothermal) geothermal power plants 
use heat energy found in rock formations containing hot water or steam 
below the Earth's surface to turn a turbine and generate electrical 
power. Geothermal energy is a baseload source of electricity, 
generating energy 24 hours a day, regardless of changing weather 
patterns; as such, geothermal energy can help bridge the gap created by 
the intermittent generation of power from other renewable energy 
sources like solar and wind. Among renewable energy sources, geothermal 
power plants also have the smallest amount of surface disturbance 
relative to electricity produced, with a generation-weighted average of 
0.34 acre/Gigawatt hour. Currently, approximately seventy (~70) percent 
(%) of geothermal installed capacity in the United States includes 
Federal resources. For these reasons, the BLM's Geothermal Energy 
Program is a critical component of efforts to advance and diversify the 
Nation's energy portfolio.
    The proposed new CX would support streamlined project authorization 
at the resource confirmation drilling phase and simplify the NEPA 
process. Establishment of the CX could support more efficient 
authorization of resource confirmation and testing, which could remove 
unnecessary barriers to the development of geothermal energy.
    To support the development of the CX, the BLM examined 26 
geothermal projects analyzed in EAs that all supported FONSIs, and that 
were completed between 2005-2019, to identify potential impacts 
resulting from the kinds of activities normally included in GRC 
operations plans, as outlined in the 43 CFR Subpart 3260 regulations. 
The NEPA documents were reviewed to determine the scope of 
environmental consequences anticipated to result from the proposed 
actions. The size and scale of GRC projects reviewed in those documents 
were the basis of the surface disturbance limitations chosen for the 
proposed CX; specifically, the BLM determined that a limit of 20 acres 
will exclude the largest GRC operations, which are likeliest to result 
in significant effects. The BLM was careful to develop the scope of the 
proposed GRC CX so as to include only projects that involve drilling 
and direct testing of a resource. Therefore, the BLM, in its analysis, 
excluded projects that included actual production of geothermal 
resources, which requires construction and operation of utilization 
facilities (e.g., power plants and transmission facilities). Such 
activities would be included and analyzed in the next phase of 
geothermal resource development, Utilization Operations, as outlined in 
the 43 CFR Subpart 3270 regulations, and are therefore beyond the scope 
of the intended category of activities BLM intends to exclude from 
further NEPA analysis with this GRC CX. BLM also reviewed 20 
representative oil and gas drilling projects on Federal lands, because 
the activities, equipment, and surface impacts between these two types 
of fluid minerals are largely similar at the drilling stage.
    As discussed in the Methods section of the Substantiation Report, 
the BLM currently relies on EAs to review GRC projects. In the EAs 
reviewed, no significant individual or cumulative impacts were 
predicted to result from the kinds of activities included in the 
proposed GRC CX, nor were any unanticipated impacts observed after 
projects were implemented. Actual impacts were the same as predicted 
impacts in all cases. In all instances, project design elements 
required by BLM regulations, resource management plans, and leases were 
adequate to minimize or avoid adverse impacts. None of the evaluated 
projects would have resulted in a need to complete an EIS for the 
actions proposed in this CX, had these measures not been applied as a 
feature of the proposed action or alternatives.
    As described in the Substantiation Report, the BLM has experience 
analyzing and implementing GRC projects in an environmentally 
sustainable manner and considers the activities described in this 
proposal to be routine and the environmental effects of those 
activities to be non-significant. Expediting consideration of GRC 
projects is essential to improve management of geothermal resources on 
BLM-administered lands. Establishment of this proposed new CX would 
facilitate implementation of BLM priorities for identifying steps to 
establish and implement a program to improve Federal permit 
coordination

[[Page 84383]]

with respect to eligible renewable energy projects on covered land, 
with the goal of accelerating responsible development of renewable 
energy (i.e., geothermal) on public lands.
    Authorities: NEPA, the National Environmental Policy Act of 1969, 
as amended (42 U.S.C. 4321 et seq.); E.O. 11514, March 5, 1970, as 
amended by E.O. 11991, May 24, 1977; and CEQ regulations (40 CFR 
1507.3).

Stephen G. Tryon,
Director, Office of Environmental Policy and Compliance.
[FR Doc. 2024-24358 Filed 10-21-24; 8:45 am]
BILLING CODE 4331-84-P