Department of Energy October 3, 2008 – Federal Register Recent Federal Regulation Documents

Section 368(b) of the Energy Policy Act of 2005 (the Act), Public Law 109-58 (August 8, 2005), directs the Secretaries of Agriculture, Commerce, Defense, Energy, and the Interior (Secretaries) to identify corridors (Section 368 corridors) on Federal lands in 39 States, other than the 11 contiguous Western States (Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming) (11 Western States) that might be used for oil, gas and hydrogen pipelines and electricity transmission and distribution facilities. Section 368 further requires the Secretaries to identify these Section 368 corridors by August 8, 2009, and schedule prompt action to designate and incorporate the Section 368 corridors into applicable land use or equivalent plans. The designation must specify the centerline, width and compatible uses of the Section 368 corridors. In proposing how and where to designate Section 368 corridors, the Secretaries must take into account the need for upgraded and new electricity transmission and distribution facilities to (1) Improve reliability; (2) relieve congestion; and (3) enhance the capability of the national grid to deliver electricity. The Section 368 corridor designations would not authorize development but would serve as a planning tool to identify the preferred locations for siting potential energy transport projects in the future. DOE, the Department of the Interior (DOI), the Department of Agriculture (USDA) and the Department of Defense (DOD) (the Agencies) intend to prepare a programmatic environmental impact statement (PEIS), entitled Designation of Energy Corridors on Federal Land in 39 States (DOE/EIS-0406), to identify any environmental impacts that may result from the proposed action of designating Section 368 corridors and incorporating them into applicable land use or equivalent plans. The Agencies also will identify the environmental impacts from the range of reasonable alternatives to the proposed action. DOE and DOI, through the Bureau of Land Management (BLM), intend to be co-lead agencies for this effort; USDA, through the United States Forest Service (FS), and DOD intend to participate as cooperating agencies. DOE is issuing this Advance Notice of Intent (ANOI), pursuant to 10 CFR 1021.311(b), in order to request early comments and suggestions from Federal and State agencies, Tribal and local governments, the public, and other interested parties. Comments and suggestions will assist the Agencies in identifying the location of potential Section 368 corridors on Federal lands in 39 States, the preliminary range of reasonable alternatives, screening criteria, and the potential environmental impacts related to the Agencies' designation of Section 368 corridors on Federal land in 39 States. The early comments on the potential location of Section 368 corridors will inform DOE's decision on where to hold scoping meetings. Because the proposed action may involve actions in a floodplain or wetland, the draft PEIS would include a floodplain and wetlands assessment, as required by 10 CFR 1022, and the final PEIS or agency records of decision would include a floodplain statement of findings. The Agencies will prepare the PEIS in accordance with the National Environmental Policy Act (NEPA); the Council on Environmental Quality's NEPA implementing regulations, 40 CFR 1500-1508; DOE's NEPA implementing regulations promulgated pursuant to NEPA, 10 CFR 1021; BLM's planning regulations, 43 CFR 1600; and applicable FS planning regulations to amend land use plans.