Notice2024-19478
Notice of Availability of the Final Programmatic Environmental Impact Statement for Utility-Scale Solar Energy Development and Proposed Resource Management Plan Amendments
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 30, 2024
Issuing agencies
Interior DepartmentLand Management Bureau
Abstract
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 (FLPMA), the Bureau of Land Management (BLM) has prepared a Final Programmatic Environmental Impact Statement (EIS) and Proposed Resource Management Plan (RMP) Amendments for Utility-scale Solar Energy Development and by this notice is announcing the start of a 30-day protest period.
Full Text
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<title>Federal Register, Volume 89 Issue 169 (Friday, August 30, 2024)</title>
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[Federal Register Volume 89, Number 169 (Friday, August 30, 2024)]
[Notices]
[Pages 70660-70662]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-19478]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[BLM_HQ_FRN_MO 4500181783]
Notice of Availability of the Final Programmatic Environmental
Impact Statement for Utility-Scale Solar Energy Development and
Proposed Resource Management Plan Amendments
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of availability.
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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 (FLPMA), the Bureau of Land Management (BLM) has
prepared a Final Programmatic Environmental Impact Statement (EIS) and
Proposed Resource Management Plan (RMP) Amendments for Utility-scale
Solar Energy Development and by this notice is announcing the start of
a 30-day protest period.
DATES: This notice announces the beginning of a 30-day protest period
to the BLM on the Proposed RMP Amendments. Protests must be postmarked
or electronically submitted on the BLM's ePlanning site within 30 days
of the date that the Environmental Protection Agency (EPA) publishes
its Notice of Availability (NOA) in the Federal Register. The EPA
usually publishes its NOAs on Fridays.
ADDRESSES: The Final Programmatic EIS, Proposed RMP Amendments, and
associated documents are available for review on the BLM ePlanning
project website at <a href="https://eplanning.blm.gov/eplanning-ui/project/2022371/510">https://eplanning.blm.gov/eplanning-ui/project/2022371/510</a>.
Instructions for filing a protest with the BLM can be found at:
<a href="https://www.blm.gov/programs/planning-and-nepa/public-participation/filing-a-plan-protest">https://www.blm.gov/programs/planning-and-nepa/public-participation/filing-a-plan-protest</a> and at 43 CFR 1610.5-2.
All protests must be submitted in writing through one of the
following two methods:
<bullet> Project website: <a href="https://eplanning.blm.gov/eplanning-ui/project/2022371/510">https://eplanning.blm.gov/eplanning-ui/project/2022371/510</a>.
<bullet> Regular Mail and Overnight Delivery: BLM Director,
Attention: Protest Coordinator (HQ210), Denver Federal Center, Building
40 (Door W-4), Lakewood, CO 80215.
Emailed protests will not be accepted as valid protests unless the
protesting party also provides the original letter by either regular
mail or overnight delivery postmarked by the close of the protest
period. Under these conditions, the
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BLM will consider an emailed protest as an advance copy, and it will
receive full consideration. If you wish to provide the BLM with such
advance notifications, please direct emails to <a href="/cdn-cgi/l/email-protection#1c6c6e7368796f685c7e7071327b736a"><span class="__cf_email__" data-cfemail="a4d4d6cbd0c1d7d0e4c6c8c98ac3cbd2">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Jeremy Bluma, Senior Advisor, National
Renewable Energy Coordination Office, BLM Headquarters, email:
<a href="/cdn-cgi/l/email-protection#addec2c1ccdfedcfc1c083cac2db"><span class="__cf_email__" data-cfemail="4635292a273406242a2b68212930">[email protected]</span></a> or telephone: (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 international calls to the point of contact in
the United States.
SUPPLEMENTARY INFORMATION: The Proposed RMP Amendments would change
existing land use plans as described in the Final Programmatic EIS/
Proposed RMP Amendments. On January 19, 2024 (89 FR 3687), the BLM
published a Draft Programmatic EIS for Utility-Scale Solar Energy
Development. Public comments were accepted through April 18, 2024. The
public and cooperating agencies provided comments that informed
revisions to the Final Programmatic EIS/Proposed RMP Amendments. The
Final Programmatic EIS/Proposed RMP Amendments would support an updated
planning framework for the BLM's management of utility-scale solar
energy development on public lands.
The planning area is located within the States of Arizona,
California (excluding the lands covered by the Desert Renewable Energy
Conservation Plan in 7 southern California counties), Colorado, Idaho,
Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming
(hereinafter referred to as the 11 Western States) and encompasses
approximately 162 million acres of public land.
The BLM has assessed the potential environmental, cultural, and
economic impacts of modifying its current management of utility-scale
solar energy development across the 11 Western States. It is
considering the Proposed RMP Amendments to improve its management
consistency with respect to utility-scale solar energy development,
address changes in solar energy technology that have occurred since the
BLM's last solar energy planning effort in 2012 (2012 Western Solar
Plan), support national renewable energy and climate goals, and
incorporate updated information about important resource values. As the
BLM seeks to advance its solar energy program, it does so while
managing other important land uses. These include recreational use;
agricultural use, such as grazing; other energy and mineral
development; resource protection, including National Monuments and
National Conservation Areas, wilderness areas and wilderness study
areas, other specially designated areas, wildlife and big game, water
resources, and cultural, historical, and paleontological resources; and
the restoration of lands and resources, in all cases where appropriate
and consistent with the principles of multiple use and sustained yield,
as defined by FLPMA.
Purpose and Need
The purpose of the proposed action is to improve initial siting of
utility-scale photovoltaic (PV) solar energy development proposals by
identifying ``solar application areas,'' which are broad areas of BLM-
administered lands where proposals for solar energy projects are
anticipated to encounter fewer resource conflicts compared to areas
unsuitable for solar development due to significant resource conflicts.
There is a need to improve the solar development application process by
providing development opportunities in specified solar application
areas while maintaining sufficient flexibility to account for site-
specific resource considerations on a case-by-case basis during
consideration of specific project applications and associated NEPA
analysis.
This programmatic effort evaluates potential updates that respond
to key changes since the BLM issued the 2012 Western Solar Plan. First,
there has been an increase in utility-scale solar energy development,
both on and off public lands, driven by the urgent need to replace
fossil fuel energy sources with renewable energy sources in order to
reduce the impacts of climate change. Second, advancements in
technology and economic factors have shifted the focus to the use of PV
technology. Third, the BLM is seeing increasing interest (represented
through applications for PV solar energy development) on public lands
in the 5 northern states not covered by the 2012 Western Solar Plan
(Idaho, Montana, Oregon, Washington, and Wyoming).
In response, the BLM needs to update its planning framework for
public lands to help guide responsible solar energy development. This
includes amending land use plans in the 11 Western States to exclude
solar energy development in areas that need protection. The amendments
would also update design features and environmental evaluation
processes and incorporate new information and analysis.
Alternatives Evaluated and the Proposed Plan
The BLM analyzed 6 alternatives in detail, including the no action
alternative. The BLM evaluated making varying amounts of public lands
available for solar energy project applications. The BLM also
considered 7 additional alternatives but did not include those
alternatives for detailed analysis for the reasons discussed in the
Final Programmatic EIS.
The BLM developed the Proposed RMP based on public comment and
cooperating agency feedback on the Draft Programmatic EIS. The Proposed
RMP, which is a blend of elements from the range of alternatives
analyzed in the Draft Programmatic EIS, describes the BLM's proposed
approach for implementing utility-scale PV solar energy development on
BLM-administered land. The Proposed RMP would exclude approximately 131
million acres of public lands from solar applications to protect
sensitive resources as described in the exclusion criteria in the Final
Programmatic EIS. Approximately 31 million acres of public lands would
be available for solar applications under the Proposed RMP. Public
lands would be available if, after accounting for the resource-based
exclusions and the exclusion for slopes exceeding 10 percent, they are
within 15 miles of an existing or planned transmission line with
capacity of at least 69 kilovolts, or they are identified as
``previously disturbed'' based on criteria described in the Final
Programmatic EIS. The Proposed RMP would improve the solar energy
project application process by excluding project applications from
areas where protection is warranted and providing development siting
opportunities in solar application areas while maintaining sufficient
siting flexibility to account for site-specific resource considerations
on a case-by-case basis under subsequent project-specific decisions.
Mitigation
Mitigation in the Final Programmatic EIS generally involves
avoidance and minimization strategies. Avoidance is achieved by
excluding specific public lands from solar energy development
applications, based on the likelihood that projects in those locations
would cause unacceptable resource impacts. Minimization is accomplished
by requiring that various programmatic design features be incorporated
into solar project proposals. At the project
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review stage, the BLM may determine that additional mitigation--such as
further avoidance, minimization, and compensation--is required.
Schedule for the Decision-Making Process
The Record of Decision and Approved RMP Amendments are anticipated
to be finalized in December 2024.
The BLM will continue to 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. Consultation will
continue on an individual basis with interested Tribes.
Protest of the Proposed RMP Amendments
BLM planning regulations state that any person who participated in
the preparation of the RMP and has an interest that will or might be
adversely affected by approval of the Proposed RMP Amendments may
protest its approval to the BLM. Protest on the Proposed RMP Amendments
constitutes the final opportunity for administrative review of the
proposed land use planning decisions prior to the BLM approving RMP
Amendments. Instructions for filing a protest with the BLM regarding
the Proposed RMP Amendments may be found online (see ADDRESSES). All
protests must be in writing and mailed to the appropriate address or
submitted electronically through the BLM ePlanning project website (see
ADDRESSES). Protests submitted electronically by any means other than
the ePlanning project website will be invalid unless a hard copy of the
protest is also submitted. The BLM will render a written decision on
each protest. The protest decision of the BLM shall be the final
decision of the Department of the Interior. Responses to valid protest
issues will be compiled and documented in a Protest Resolution Report
made available following the protest resolution online at: <a href="https://www.blm.gov/programs/planning-and-nepa/public-participation/protest-resolution-reports">https://www.blm.gov/programs/planning-and-nepa/public-participation/protest-resolution-reports</a>. Upon resolution of protests, the BLM will issue a
Record of Decision and Approved RMP Amendments.
Before including your address, phone number, email address, or
other personal identifying information in your protest, you should be
aware that your entire protest--including your personal identifying
information--may be made publicly available at any time. While you may
ask us in your protest 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; 40 CFR 1506.9; 43 CFR 1610.2; 43 CFR
1610.5)
David Rosenkrance,
Assistant Director, Energy, Minerals, and Realty Management.
[FR Doc. 2024-19478 Filed 8-29-24; 8:45 am]
BILLING CODE 4331-29-P
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