Notice2025-01084
National Environmental Policy Act Implementing Procedures for the Bureau of Land Management (516 DM 11)
Primary source
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Published
January 17, 2025
Issuing agencies
Interior Department
Abstract
This notice announces the Department of the Interior's (Department) proposal to revise the National Environmental Policy Act (NEPA) 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 (CX) for geothermal resource exploration operations.
Full Text
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<title>Federal Register, Volume 90 Issue 11 (Friday, January 17, 2025)</title>
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[Federal Register Volume 90, Number 11 (Friday, January 17, 2025)]
[Notices]
[Pages 5981-5984]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-01084]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
[MO4500181943]
National Environmental Policy Act Implementing Procedures for the
Bureau of Land Management (516 DM 11)
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
(NEPA) 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 (CX) for geothermal resource exploration
operations.
DATES: Comments must be postmarked (for mailed comments), delivered
(for personal or messenger delivery comments), or filed (for electronic
comments) no later than February 18, 2025.
ADDRESSES: The public can review the substantiation report for the new
proposed CX online at: <a href="http://eplanning.blm.gov/eplanning-ui/project/2034945/510">http://eplanning.blm.gov/eplanning-ui/project/2034945/510</a>. Comments can be submitted using:
BLM National NEPA Register: <a href="http://eplanning.blm.gov/eplanning-ui/project/2034945/510">http://eplanning.blm.gov/eplanning-ui/project/2034945/510</a>. Follow the instructions at this website.
Mail: U.S. Department of the Interior, Bureau of Land Management,
Attention: BLM HQ330 Geothermal Exploration Operations Categorical
Exclusion, 1849 C Street NW, Washington, DC 20240.
Personal or messenger delivery: U.S. Department of the Interior, Bureau
of Land Management, Attention: BLM HQ330 Geothermal Exploration
Operations 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
<a href="/cdn-cgi/l/email-protection#254d4740574b4c4057654749480b424a53"><span class="__cf_email__" data-cfemail="630b0106110d0a061123010f0e4d040c15">[email protected]</span></a>. 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 Ms. Bernier. 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
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 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 to 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 CX. 40 CFR 1501.3(c). If a
proposed action is likely to have significant
[[Page 5982]]
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 where 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 Council on Environmental Quality's (CEQ's)
implementing regulations, a Federal 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. The 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. November 23, 2010, at 2-3. <a href="https://ceq.doe.gov/docs/ceq-regulations-and-guidance/NEPA_CX_Guidance_Nov232010.pdf">https://ceq.doe.gov/docs/ceq-regulations-and-guidance/NEPA_CX_Guidance_Nov232010.pdf</a>.
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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 this
DM part 516. Chapter 11 of 516 DM covers the BLM's procedures. The
BLM's current procedures can be found at: <a href="https://www.doi.gov/sites/doi.gov/files/elips/documents/516-dm-11_0.pdf">https://www.doi.gov/sites/doi.gov/files/elips/documents/516-dm-11_0.pdf</a>. 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 establishment of this new Geothermal Exploration Operations
(GEO) CX is intended to facilitate the approval of notices of intent
(NOIs) to conduct geothermal resource exploration operations that do
not have the potential to result in significant environmental effects
and to expedite renewable energy development on public lands. BLM
currently prepares an EA to comply with NEPA for approval of an NOI to
permit any pre-leasing geothermal resource exploration operation that
includes construction of roads and/or well pads. 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 effects towards
those actions that may result in significant effects. BLM has long
experience with approval of NOIs for exploration activities and is
familiar with the environmental effects of this activity, none of which
are normally significant.
To substantiate a determination that the proposed new GEO 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 similar previously
implemented actions by evaluating 57 BLM EAs that supported 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 (``Substantiation of Proposed National
Environmental Policy Act Categorical Exclusion for Geothermal Resource
Exploration Operations,'' dated October 15, 2024), which is
incorporated by reference here and summarized in ``Justification for
Change'' section below. Based upon this information, the BLM has found
that the establishment of a CX is appropriate because of the evidence
that no significant effects normally result from geothermal exploration
operations conducted within the proposed parameters. Establishing the
new CX as proposed would ensure a timely process towards implementing
geothermal exploration projects that do not have significant effects.
Description of Change
The Department proposes to add one CX to the BLM chapter of the
Departmental Manual 516 DM 11 at paragraph 11.9.B, ``Oil, Gas and
Geothermal Energy.'' The language of the proposed new CX citation at
516 DM 11.9.B(8) is:
Approval of a Notice of Intent to Conduct Geothermal Resource
Exploration Operations that:
<bullet> Does not include the direct testing of geothermal
resources or resource utilization;
<bullet> Does not exceed 10 acres of total (contiguous or
noncontiguous) surface disturbance;
<bullet> Requires reclamation of surface disturbances when their
intended purpose has been fulfilled;
<bullet> Requires 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 the route as part of its transportation
system;
<bullet> Does not make a temporary route available for public use
unless the temporary route is specifically intended to accommodate
public use;
<bullet> Requires temporary routes to be constructed or used so as
to allow for the reclamation, by artificial or natural means, of
vegetative cover on 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 most within 10 years after approved
reclamation commences; and,
<bullet> Includes design elements to protect resources and resource
uses consistent with the applicable Resource Management Plan, laws,
regulations, and any lease terms (as applicable).
The BLM's intent in establishing this CX is to improve the
efficiency of routine environmental review processes for pre-leasing
geothermal resource exploration operations. The scope of geothermal
resource exploration operations allowed under an NOI is defined at 43
CFR 3200.1.
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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.
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 newly proposed 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 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.
Justification for Change
The BLM proposes the GEO 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 its substantiation
report, which is 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 and managing geothermal resource
development, in part by processing permit applications for exploration,
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 subsurface mineral estate.
Geothermal energy offers the nation a clean, domestic, and abundant
renewable energy 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
70 percent of geothermal installed capacity includes Federal resources
(Richter 2019). For these reasons, the BLM's geothermal energy program
is a critical component to the efforts of the administration and
various western states to advance and diversify the nation's energy
portfolio.
A CX to support streamlined project authorization at the
exploration operations phase would simplify and focus the NEPA process.
Establishment of a CX that could support more efficient authorization
of geothermal exploration could be vital to the expansion of the
geothermal industry.
To support the development of the CX, the BLM examined 28
geothermal projects analyzed in EAs that all supported FONSIs, and that
were completed between 2003 and 2019, to identify potential effects
resulting from the kinds of activities normally included in NOIs, as
outlined in 43 CFR 3200.1 and the 43 CFR part 3200, subpart 3250
regulations. As explained in the accompanying substantiation report,
these 28 geothermal projects represent the majority of geothermal
resource exploration projects that have been approved by BLM and
implemented in full over the last 21 years, and the entire universe of
projects that are suitable for comparison to the actions covered by the
proposed CX. A team, which included geothermal and planning and
environmental subject matter experts from the BLM, the Department's
Office of the Solicitor, and the National Renewable Energy Laboratory,
reviewed the NEPA documents to determine the scope of environmental
consequences anticipated to result from the proposed actions. The team
evaluated the actions' scope (e.g., construction of temporary routes
for site access, drilling of TGWs or shallow wells, construction of
well pads) and potential effects (e.g., no long-term effects to natural
resources) in the geothermal EAs to inform the types of projects that
may be approved pursuant to the proposed GEO CX. As discussed in the
``Methods'' section of the substantiation report, the BLM currently
authorizes NOI permit projects that include construction of roads and/
or well pads supported by EAs. In the EAs reviewed, no significant
individual or cumulative effects were predicted to result from the
kinds of activities included in the proposed CX for geothermal
exploration operations, nor were any unanticipated effects observed
after projects were implemented. Actual effects were the same as
predicted effects in all cases.
The projects evaluated for establishment of this proposed CX
include ``design elements'' to minimize any effects to other resources.
As part of the Resource Management Plan (RMP) conformance process and
application of relevant Federal laws, the BLM employs design elements
specified in the RMP to minimize effects as it considers proposals that
fit its category of excluded actions, and often coordinates with
applicants to revise their proposals to minimize effects prior to or
during the review process. ``Design elements'' refers to mitigation
measures that are outlined in RMPs, as well as geothermal lease
stipulations that are attached to individual lease parcels and
applicable laws. The design elements are applicable to all NOIs, and
the BLM will impose them, to the extent applicable, as conditions of
approval (COAs) if not already included in the proposal. The
regulations at 43 CFR 3251.12 provide authority for BLM to require COAs
on permit authorizations to provide protections for resource values.
There were no instances where any of the projects evaluated in EAs
would have required completion of an EIS had these measures not been
applied as design elements of the proposed action or alternatives. In
all instances projects were designed such that the proposed action or
alternatives minimized
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adverse effects. Each project proposed in reliance on the new CX would
be evaluated to determine if extraordinary circumstances apply. If the
BLM's review determines that extraordinary circumstances exist for an
action that might otherwise be categorically excluded, or where the
level of effects cannot be ascertained, the BLM would either require
modification of the proposed action or would prepare an EA or EIS to
support its decision making. Departmental and BLM regulations, manuals,
handbooks, policies, and applicable land use plans provide direction
and requirements regarding project design.
As described in the substantiation report, the BLM has experience
analyzing and authorizing geothermal exploration projects in an
environmentally sustainable manner and considers the activities
described in this proposal to be routine and their effects to be non-
significant. Expediting permit approvals for geothermal exploration
projects is essential to respond to the need to combat climate change
using renewable resources managed on BLM-administered lands.
Establishment of this proposed new CX would also facilitate
implementation of BLM priorities for identifying steps to establish and
implement a program to improve Federal permit coordination with respect
to eligible projects, with the goal of accelerating responsible
development of renewable energy (i.e., geothermal) on public lands. See
43 U.S.C. 3002.
Authorities: NEPA (42 U.S.C. 4321 et seq.); Executive Order (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. 2025-01084 Filed 1-16-25; 8:45 am]
BILLING CODE 4331-84-P
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