Notice2026-08235
National Environmental Policy Act Implementing Procedures for the Bureau of Land Management
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Published
April 28, 2026
Effective
April 28, 2026
Issuing agencies
Interior Department
Abstract
This notice announces a revision to the National Environmental Policy Act (NEPA) implementing procedures for the Bureau of Land Management (BLM) at DOI Handbook of NEPA Implementing Procedures (DOI NEPA Handbook) that supplements Chapter 1 of Part 516 of the Department of the Interior's (Department or DOI) Departmental Manual (516 DM 1). The revision adds a new categorical exclusion (CE) for geothermal resource exploration operations to the DOI Handbook of NEPA Implementing Procedures, Appendix 2: Bureau Categorical Exclusions.
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<title>Federal Register, Volume 91 Issue 81 (Tuesday, April 28, 2026)</title>
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[Federal Register Volume 91, Number 81 (Tuesday, April 28, 2026)]
[Notices]
[Pages 22848-22852]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08235]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
[A2407-014-004-065516; #O2412-014-004-047181.1; LLHQ330000]
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 a revision to the National Environmental
Policy Act (NEPA) implementing procedures for the Bureau of Land
Management (BLM) at DOI Handbook of NEPA Implementing Procedures (DOI
NEPA Handbook) that supplements Chapter 1 of Part 516 of the Department
of the Interior's (Department or DOI) Departmental Manual (516 DM 1).
The revision adds a new categorical exclusion (CE) for geothermal
resource exploration operations to the DOI Handbook of NEPA
Implementing Procedures, Appendix 2: Bureau Categorical Exclusions.
DATES: The CE is effective April 28, 2026.
ADDRESSES: The new CE will be found at the web address for the DOI NEPA
Handbook: <a href="http://www.doi.gov/elips/">http://www.doi.gov/elips/</a>. The ``Substantiation of Proposed
National Environmental Policy Act Categorical Exclusion for Geothermal
[[Page 22849]]
Resource Exploration Operations'' (Substantiation Report) for the CE is
available at the BLM's ePlanning site: <a href="http://eplanning.blm.gov/eplanning-ui/project/2034945/510">http://eplanning.blm.gov/eplanning-ui/project/2034945/510</a>.
FOR FURTHER INFORMATION CONTACT: Amelia Savage, Senior Planning and
Environmental Specialist Decision Support, Planning, and NEPA, at (303)
239-3635, or <a href="/cdn-cgi/l/email-protection#1e7f726d7f687f797b5e7c727330797168"><span class="__cf_email__" data-cfemail="7d1c110e1c0b1c1a183d1f1110531a120b">[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. 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:
I. Background
The Department published the proposed CE and Substantiation Report
for geothermal resource exploration operations on January 17, 2025, for
a 30-day public comment period. Refer to the Federal Register notice
(90 FR 5981) proposing the CE for more information regarding the
background and rationale for establishment of the CE. This notice
notifies the public of the Department's establishment of the Geothermal
Exploration Operations (GEO) CE and includes the BLM's responses to
comments from the public on the proposed CE. The BLM has made editorial
edits to the CE text as explained in this notice. These edits do not
change the scope of the CE as proposed.
Geothermal energy offers baseload energy as 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. Additionally, geothermal energy is a steady source of
electricity, generating energy 24 hours a day, regardless of changing
weather patterns, as opposed to intermittent sources of power.
Geothermal power plants also have one of the smallest amounts of
surface disturbance relative to electricity produced, with a
generation-weighted average of 0.34 acre/Gigawatt hour (GWh).
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 to the efforts of the administration and various western
states to advance the nation's energy portfolio.
Further, this CE advances President Trump's Executive Order 14154,
Unleashing American Energy, and Executive Order 14156, Declaring a
National Energy Emergency, and Secretary Burgum's ensuing Secretary's
Order 3417, Addressing the National Energy Emergency, and Secretary's
Order 3418, Unleashing American Energy.
The Department proposed the CE for use by the BLM to support
approval of a notice of intent to conduct geothermal resource
exploration operations (NOI) to streamline project authorization at the
exploration operations phase (see definition at 43 CFR 3200.1) to
simplify and focus the NEPA process. This increased efficiency will
serve to expedite authorization of geothermal exploration activities
that could be vital to the expansion of geothermal development on BLM
managed lands.
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. To
comply with NEPA, agencies determine the appropriate level of review of
any major Federal action--an environmental impact statement (EIS),
environmental assessment (EA), or a categorical exclusion (CE). See
generally, 42 U.S.C. 4336 (b); 43 CFR part 46; DOI NEPA Handbook
section 1.2 (2025). Where it is reasonably foreseeable that significant
environmental effects are likely, the agency must prepare an EIS and
document its decision. See generally, 42 U.S.C. 4336 (b)(1); DOI NEPA
Handbook section 1.2(a)(5)(ii). Where appropriate, an agency may
prepare an environmental assessment, and if it reaches a finding of no
significant impact (FONSI), it need not prepare an EIS. See generally,
42 U.S.C. 4336(b)(2); DOI NEPA Handbook section 1.6; section 1.2(a)(4).
Under NEPA, the Department recently revised its 43 CFR part 46
regulations and its procedural and interpretive guidance (see 90 FR
29498, July 3, 2025) (explaining the Department's decision to move most
of its NEPA procedures to the DOI NEPA Handbook). Before publishing
these procedures, the Department and the BLM consulted with CEQ to
ensure the procedures conform to NEPA and applicable regulations.
Consistent with those revisions, the Department may establish CEs--
categories of actions that the agency has determined normally do not
have a significant effect on the human environment--in its NEPA
procedures. See 42 U.S.C. 4336(a)(2); 43 CFR 46.205. If the BLM
determines that a CE covers a proposed action, it then evaluates the
proposed action for extraordinary circumstances, which are factors or
circumstances that indicate a normally categorically excluded action
may have a significant effect. 43 CFR 46.205, 46.215. If the BLM cannot
categorically exclude the proposed action following review for
extraordinary circumstances, it will prepare an EA or EIS, as
appropriate, before issuing any decision to authorize the action. 43
CFR 46.205(c); 42 U.S.C. 4336(b). For establishing a CE, the BLM
developed a written record containing information sufficient to
substantiate its determination that the category of actions does not
have a significant effect on the human environment. This substantiation
and the establishment of the CE is made publicly available by
publishing this notice in the Federal Register. See 43 CFR 46.205(h).
In developing the GEO CE, the Department and BLM consulted with the
Council on Environmental Quality (CEQ) in accordance with 42 U.S.C.
4332(2)(B) and its past guidance to agencies. The BLM also provided an
opportunity for public review of the proposed CE and the Substantiation
Report (See 90 FR 5981, January 17, 2025).
II. Categorical Exclusion as Proposed
The text of the proposed CE, as provided in the January 17, 2025,
Federal Register notice, was as follows:
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
[[Page 22850]]
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).
III. Comments on the Proposed CE
The BLM received 10 comment letters during the 30-day public
comment period on the proposed CE. Comments were submitted by State
agencies, interest groups, non-profit organizations, and private
citizens. The BLM received comments both in support of and in
opposition to the proposed CE. Some comments were beyond the scope of
the proposed CE, such as a recommendation for the BLM to update the
2008 ``Programmatic Environmental Impact Statement for Geothermal
Leasing in the Western United States.''
The BLM considered all comments to date and responds in this notice
to all four substantive issues raised in the public comments. The BLM
appreciates the interest and participation of all respondents. The BLM,
where appropriate, grouped together similar or related comments, and
responds to the comments as follows:
Comment 1--Support for the GEO CE: At least nine commenters
expressed support for establishing the CE, stating that it would
substantially reduce permitting timelines for geothermal energy
authorizations and advance the responsible development of clean and
reliable energy on public lands while keeping in place strong
commitments to environmental stewardship. In addition, commenters noted
that the availability of the CE for the BLM's use could help the BLM to
expedite approval of new geothermal projects and promote the
realization of their associated economic benefits while allowing the
BLM's staff to focus on other proposals that may have a significant
environmental effect.
Response 1: The BLM will continue to conduct the appropriate level
of NEPA review for proposed Federal actions, including, where
appropriate, reliance on available CEs, and public engagement, as
necessary, and consider potential adverse effects of proposed
activities through the NEPA process.
Comment 2--Suggested revisions to the scope of covered activities:
At least one commenter expressed concern that the scope of covered
exploration activities under the proposed CE is too broad and suggested
that the BLM restrict use of the proposed CE to existing types of
geothermal resource exploration activities and not allow reliance on
the CE for novel or experimental geothermal resource exploration
methods yet to be developed.
Response 2: Within the Substantiation Report, the BLM reviewed
different types of exploration project requirements, including well
pads, well diameter, and access road requirements for geothermal
resource exploration projects. For example, as described within the
Substantiation Report, the 10 acres of disturbance provides flexibility
to address the various types of exploration project requirements
considered within the 28 projects analyzed in the EAs reviewed, such
as, construction of temporary roads for site access, construction of
well pads, and drilling of temperature gradient wells or core holes.
The commenter did not identify any specific kind of ``novel or
experimental'' geothermal resource exploration activity that the BLM
did not adequately consider in developing this CE.
Moreover, before relying on the CE to approve any proposed action,
the BLM must consider extraordinary circumstances (43 CFR 46.215)
including whether a project would have highly uncertain and potentially
significant environmental effects or involve unique or unknown
environmental risks. This review would be documented and included in
the information posted on the BLM's NEPA register. If the responsible
official cannot rely on the CE because of extraordinary circumstances,
the responsible official will prepare an EA or EIS, consistent with 43
CFR 46.205(c).
Comment 3--Potential effects to wildlife resources: At least one
commenter expressed concern that geothermal resource exploration can
affect wildlife and recommended that the BLM incorporate protections
for species into the CE text.
Response 3: The BLM's NOI review process includes several layers of
protection, which ensure that exploration projects will not
significantly impact wildlife, regardless of the level of NEPA review.
Actions that are proposed to take place on BLM-managed lands must be
reviewed for conformance with the applicable BLM resource management
plan (RMP) as part of the BLM's compliance with the Federal Land Policy
and Management Act, as amended, 43 U.S.C. 1701 et seq., and its
implementing regulations (43 CFR 1610.5-3). The BLM ensures that design
elements are included in NOI approvals for conformance with the
applicable RMP, lease terms (as applicable), and other relevant
requirements. BLM professionals review each proposed action for
potential resource conflicts and incorporate appropriate design
elements into any approval.
BLM's Substantiation Report and project EA summaries illustrate
these considerations. Geothermal resource exploration projects may
impact wildlife resources (e.g., migratory birds, bald and golden
eagles, raptors, wild horses and burros, mule deer, small mammals and
reptiles). Due to the non-contiguous nature of disturbed acreage, one
common environmental impact consideration is the potential for species
displacement due to habitat fragmentation, including edge effects
associated with dispersed surface disturbance. Other common effects are
loss of habitat from vegetation removal, and mortality of small, less
mobile mammals and reptiles due to increased vehicle traffic (Levine et
al. 2018; Substantiation Report, appendix A). However, in the 28 EAs/
FONSIs analyzed, BLM made findings that population-level effects to
species were not expected to occur; effects of habitat fragmentation
due to removal of vegetation and construction of drill sites and new
roads in areas used by wildlife were short-term and negligible because
the project size was small in comparison to the amount of surrounding
lands with suitable habitat. Moreover, common design elements ensured
restoration of disturbed habitat.
The BLM reviewed published reports from the National Renewable
Energy Laboratory and other reliable sources analyzing potential
environmental effects and associated project design elements
implemented for protection of wildlife and resources in geothermal
resource exploration projects as a comparison to the effects analyzed
within the EAs selected for analysis.
Further, before relying on the CE to approve any proposed action,
the BLM must consider extraordinary circumstances (43 CFR 46.215),
which include consideration of effects on, among others: natural
resources; park, recreation, or refuge lands; wilderness areas; wild or
scenic rivers; wetlands; floodplains; national monuments; migratory
birds; other ecologically significant or critical areas; listed or
proposed species or critical habitat; and contribution to the
introduction, continued existence, or spread of invasive plants or non-
native invasive species. This review would be documented and included
in the information posted on the BLM's NEPA register.
[[Page 22851]]
BLM contacted the field offices and relevant staff that had
prepared each of the 48 EAs and requested information as to (1) whether
the projects had been completed or at least substantially implemented,
(2) whether project activities had resulted in any unanticipated
effects (e.g., effects not contemplated, discussed), and (3) if
unanticipated effects had occurred, what they were. For each of the 48
EAs included for analysis, BLM staff positively confirmed that no
unanticipated effects occurred for any of the studied projects.
If the responsible official cannot rely on the CE to support a
decision on a particular proposed action due to extraordinary
circumstances, the responsible official will prepare an EA or EIS,
consistent with 43 CFR 46.205(c) and 42 U.S.C. 4336(b). Finally,
reliance on a CE constitutes compliance only with NEPA; the BLM must
separately comply with requirements under any other applicable law,
such as the Endangered Species Act.
Comment 4--Suggested revisions to allowable disturbed acreage: At
least one commenter suggested that the BLM expand the acreage amount of
allowable surface disturbance.
Response 4: To support the development of the CE, in its
Substantiation Report, the BLM examined the range of surface
disturbance types and extent in 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 the Department's
regulations at 43 CFR part 3200, subpart 3250. As discussed in the
Substantiation Report, the BLM reviewed these EAs and associated FONSIs
to determine the scope of environmental effects anticipated to result
from the exploration operations and compared the various disturbed
acreage statistics. The size and scale of geothermal resource
exploration projects evaluated in those documents were the basis of the
surface disturbance limitations chosen for the CE. This analysis
together with BLM's consultations with CEQ and the Department's Office
of Environmental Policy and Compliance support the 10-acre surface
disturbance limitation. Therefore, the BLM declines to modify the
allowable disturbed acreage.
IV. Additional Clarifying Changes
While considering the comments and recommendations the BLM received
during the public comment period on the proposed CE revisions, the BLM
incorporated three changes to the CE text proposed in January 2025.
These changes include updating the format from a bulletized list to an
alphabetized list; to add ``or resource production'' to better track
the definition of geothermal exploration operations (43 CFR 3200.1);
and to add ``, pursuant to 43 CFR part 3200 subpart 3250,'' before
``that'' in the main CE text to qualify the regulations and define the
scope of activities to which the CE pertains.
Categorical Exclusion Justification
The BLM finds that the category of actions described in the CE
(below) does not normally have a significant effect on the human
environment. This finding is based on the analysis of the proposal to
establish the CE in the BLM's Substantiation Report and supporting
record documents. The Substantiation Report explains that the
restrictions on the proposed CE limit surface disturbance and access
road construction and the required design elements incorporated into
the NOI approvals and enforced by conditions of approval, as needed,
are effective to address environmental effects. Consequently, the BLM
concludes that the category of actions included in this CE does not
normally result in significant environmental effects.
The Substantiation Report summarizes the review of 28 geothermal
EAs that supported FONSIs, 20 similar oil and gas drilling project EAs
that also supported FONSIs, as well as benchmarking similar CEs
supporting geophysical investigations that are in use by other agencies
by analyzing 6 U.S. Forest Service and 1 Department of the Navy project
to demonstrate the finding that actions under the revised CE would not
normally result in significant effects to the human environment. The
Substantiation Report includes evaluation of the BLM NEPA analyses and
available scientific research on the effects of actions similar to
those included in the new CE over time and over different geographic
areas and following consideration of comments from the public.
The Department and the BLM consulted with CEQ on the proposed and
final CE. CEQ found the CE to comply with NEPA and agreed that the CE
is appropriate to establish. Therefore, the Department adds this CE to
the DOI NEPA Handbook, Appendix 2.
When applying this CE, responsible officials within the BLM will
evaluate proposed actions covered by the CE to determine whether any
extraordinary circumstances are present in accordance with the
requirements in the Department's NEPA implementing procedures at 43 CFR
46.205 and 46.215. This review would be documented and included in the
information posted on the BLM's NEPA register. If the responsible
official cannot rely on this CE to support a decision to authorize
geothermal resource exploration operation activities due to
extraordinary circumstances, the responsible official will prepare an
EA or EIS before doing so, consistent with 43 CFR 46.205(c) and 42
U.S.C. 4336(b). When applying this CE, the BLM will document its
reliance on the CE and publish the documentation on the BLM NEPA
website.
V. Text Added to the U.S. Department of the Interior Handbook of NEPA
Implementing Procedures, Appendix 2: Bureau Categorical Exclusions
The DOI Handbook of NEPA Implementing Procedures, Appendix 2:
Bureau Categorical Exclusions includes the following language:
* * * * *
Bureau of Land Management
11.9 Actions Eligible for a Categorical Exclusion (CE)
* * * * *
B. Oil, Gas, and Geothermal Energy
* * * * *
(8) Approval of a notice of intent to conduct geothermal
resource exploration operations, pursuant to 43 CFR part 3200
subpart 3250, that:
(a) Does not include the direct testing of geothermal resources
or resource production or utilization;
(b) Does not exceed 10 acres of total (contiguous or
noncontiguous) surface disturbance;
(c) Requires reclamation of surface disturbances when their
intended purpose has been fulfilled;
(d) 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.
(e) Does not make a temporary route available for public use
unless the temporary route is specifically intended to accommodate
public use;
(f) 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,
(g) Includes design elements to protect resources and resource
uses consistent with the applicable resource management plan,
[[Page 22852]]
laws, regulations, and any lease terms (as applicable).
* * * * *
(Authority: NEPA, as amended (42 U.S.C. 4321 et seq.))
Stephen G. Tryon,
Director, Director, Office of Environmental Policy and Compliance.
[FR Doc. 2026-08235 Filed 4-27-26; 8:45 am]
BILLING CODE 4331-29-P
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