[Federal Register Volume 87, Number 235 (Thursday, December 8, 2022)]
[Notices]
[Pages 75284-75287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26659]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLHQ330000.L1340000. PQ0000.234]


Notice of Intent To Prepare a Programmatic Environmental Impact 
Statement To Evaluate Utility-Scale Solar Energy Planning and Amend 
Resource Management Plans for Renewable Energy Development

AGENCY:  Bureau of Land Management, Interior.

ACTION: Notice of intent.

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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, the Bureau of Land Management (BLM) intends to 
prepare resource management plan (RMP) amendments with an associated 
programmatic environmental impact statement (EIS) for the BLM's 
utility-scale solar energy planning and by this notice is announcing 
the beginning of the scoping period to solicit public comments and 
identify issues and is providing the planning criteria for public 
review.

DATES: The BLM requests that the public submit comments concerning the 
scope of the analysis, potential alternatives, and identification of 
relevant information, and studies by February 6, 2023. To afford the 
BLM the opportunity to consider comments in the Draft programmatic EIS/
RMP amendments, please ensure your comments are received prior to the 
close of the 60-day scoping period or 15 days after the last public 
meeting, whichever is later.

ADDRESSES: You may submit comments on issues and planning criteria 
related to the programmatic EIS for renewable energy development in 
Western States RMP amendments by the following methods:
     Website: https://eplanning.blm.gov/eplanning-ui/admin/project/2022371/510. This is the preferred method of commenting.
     Email: [email protected].
     Mail: Solar Energy PEIS Scoping, 1849 C Street NW, 
Washington, DC 20006.
    The BLM will hold two virtual and 12 in-person public scoping 
meetings at the following locations:

 Phoenix, Arizona;
 Sacramento, California;
 Grand Junction, Colorado;
 Washington, DC;
 Boise, Idaho;
 Billings, Montana;
 Albuquerque, New Mexico;
 Reno, Nevada;
 Bend, Oregon;
 Salt Lake City, Utah;
 Spokane, Washington; and
 Cheyenne, Wyoming;

    The specific dates and locations of these scoping meetings will be 
announced through the local media and the project website listed above.

FOR FURTHER INFORMATION CONTACT: Jeremy Bluma, Acting Division Chief, 
National Renewable Energy Coordination Office (NRECO), BLM 
Headquarters, [email protected] or (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

[[Page 75285]]

international calls to the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION: Through this notice, the BLM announces its 
intention to initiate a programmatic EIS for renewable energy 
development in Western States and associated RMP amendments, as 
appropriate. The programmatic EIS will predominately evaluate the 
environmental effects of potential modifications to improve and expand 
the BLM's utility-scale solar energy planning and may involve land use 
allocation modifications related to other renewable energy development 
types, such as wind energy. The BLM is issuing this Notice of Intent to 
inform the public about the proposed actions; announce plans to conduct 
14 public scoping meetings; invite public participation in the scoping 
process; solicit public comments for consideration in establishing the 
scope and content of the programmatic EIS and alternatives; and 
identify potential environmental issues. The BLM will consult with 
Indian Tribal Nations on a government-to-government basis as described 
in the Additional Information section of this notice.

Background Information

    In October of 2012, the BLM signed the Western Solar Plan Record of 
Decision (Western Solar Plan) implementing solar energy policies, 
procedures, and land use plan amendments related to permitting of solar 
energy developments on public lands in six Southwestern States 
(Arizona, California, Colorado, Nevada, New Mexico, and Utah). The 
Western Solar Plan played a large part in establishing a more 
comprehensive solar energy program within the bureau through 
authorization policies, procedures, and design features applicable to 
all utility-scale solar energy development on BLM-administered lands 
across the six-state area. It identified categories of lands to be 
excluded from utility-scale solar energy development and specific 
locations well suited for utility-scale production of solar energy 
where the BLM prioritizes development (i.e., solar energy zones or 
SEZs). The Western Solar Plan also allowed for consideration of 
utility-scale solar development proposals on lands outside of SEZs in 
accordance with procedures in the variance process established by the 
plan and decisions. It also established certain programmatic design 
features for utility-scale solar energy development on BLM-administered 
lands. The Western Solar Plan amended the land use plans in the six-
state study area to reflect the identification of excluded lands and 
variance lands and the designation of SEZs. The designation of SEZs was 
based on consideration of a variety of solar generation technologies, 
including concentrated solar technology, which generally requires 
substantially flat areas with high levels of direct sunlight.

Purpose and Need for the Proposed Action

    Updating the BLM's solar energy planning would advance the goals of 
recent Executive Order 14008 and the Energy Act of 2020. In Executive 
Order 14008, Tackling the Climate Crisis at Home and Abroad, the 
President ordered the Secretary of the Interior (Secretary) to ``review 
siting and permitting processes on public lands'' with a goal of 
increasing ``renewable energy production on those lands . . . while 
ensuring robust protection for our lands, waters, and biodiversity and 
creating good jobs.'' The Energy Act of 2020 directs the Secretary to 
``seek to issue permits that, in total, authorize production of not 
less than 25 gigawatts of electricity from wind, solar, and geothermal 
energy projects by not later than 2025, through management of public 
lands and administration of Federal laws.'' 43 U.S.C. 3004(b).
    In the 10 years since the Western Solar Plan was issued, the BLM 
has recognized that updating and expanding the Solar Energy Program 
would be appropriate to advance current and future renewable energy 
goals and to support conservation and climate priorities. The 2012 
Western Solar Plan facilitated solar development applications for 
locations within the public lands where the landscape was generally 
flat, direct sunlight was ample, and high-value resources would not be 
significantly impacted. Due to technological advancements and reduced 
costs in photovoltaic systems, the BLM has received continued interest 
from photovoltaic solar developers in locations that were allocated as 
exclusion areas, under the Western Solar Plan, based on exclusion 
criteria for slope or solar insolation values. The purpose of this 
programmatic EIS and associated RMP amendments is to focus the BLM's 
utility-scale solar energy planning on resource management on BLM-
administered lands rather than specifying technology-based criteria for 
solar development on public lands; expand the Program to additional 
states; increase opportunities for responsible renewable energy 
development in priority and variance areas; and develop appropriate 
criteria to exclude high-value resource areas from renewable energy 
development. The programmatic EIS will also consider and adjust policy 
or procedural elements of how the bureau planning for utility-scale 
solar energy development on BLM-administered lands where appropriate.

Preliminary Alternatives

    The draft programmatic EIS will analyze a suite of potential 
modifications and updates to the Western Solar Plan to be fully 
developed after considering input received during the scoping period.
    The BLM will develop and analyze alternatives that will include a 
range of proposed modifications and updates to some or all of the 
aspects of the BLM's solar energy planning summarized below. The BLM 
has not yet selected a preferred alternative for any aspect of the 
programmatic EIS.
    Study Area: The Western Solar Plan was limited to six Western 
States (Arizona, California, Colorado, New Mexico, Nevada, and Utah) 
based on initial resource assessments showing those states encompassed 
the most prospective solar energy resources suitable for utility-scale 
development over the next 20 years as of 2012. Advancements in 
technology, updated resource information, and shifts in energy market 
economics have resulted in the need for an updated assessment for 
renewable energy planning. Additional Western States appear to have 
available solar energy resources on public lands that would be suitable 
for development in the coming decades. The BLM intends that at least 
one proposed alternative in the programmatic EIS would include the 11 
Western States (Arizona, California, Colorado, Idaho, Montana, Nevada, 
New Mexico, Oregon, Utah, Washington, and Wyoming), or portions 
thereof. The BLM is interested in feedback on the appropriate scope of 
the study area and may reduce the number of states included prior to 
developing the draft programmatic EIS.
    The BLM will consider the extent to which lands covered by the 
Desert Renewable Energy Conservation Plan, an interagency landscape-
scale planning effort covering 22.5 million acres in seven southern 
California counties, should be included in the study area. The BLM will 
also consider the extent to which lands in Arizona, covered by the 
Restoration Design Energy Project, should be included in the study area 
for the programmatic EIS.
    Exclusion Criteria: The Western Solar Plan required that all future 
utility-scale solar energy development projects be in conformance with 
the Plan's exclusions (Table A-2) and the associated land use

[[Page 75286]]

plan amendments (43 CFR 1601.0-5(b)). Due to the size and scale of 
utility-scale solar energy development (generally involving a single 
use of public lands), the BLM excluded a broader set of categories than 
would be identified in a land use plan for other types of rights-of way 
(ROWs). In all, 32 exclusion categories apply to some or all of the 
area covered by the Western Solar Plan.
    It may be appropriate to modify or eliminate some of these 
exclusion categories, based on new information and advances in 
technology. For example, exclusion criteria 1 (excluding development in 
locations with slopes greater than 5 percent) and 2 (excluding 
development where insolation values are below 6.5 kWh/m\2\/day) were 
based on technological constraints present at the time the 2012 
programmatic EIS was prepared which might no longer apply. The BLM 
intends that at least one proposed alternative would remove criteria 1 
and 2 from the exclusions to the Solar Energy Program.
    The remaining 30 exclusion criteria are resource-based. The BLM 
will consider changes to those exclusions, particularly with respect to 
resources in the States added to the study area. The BLM is interested 
in public comment on whether, in addition to modifying exclusion 
criteria for solar energy development, the Bureau should establish 
similar exclusion criteria for wind energy development.
    Land Use Allocations: The Western Solar Plan and associated land 
use plan amendments: (1) excluded lands from utility-scale solar energy 
development based on a variety of criteria (about 79 million acres or 
319,702 km\2\); (2) identified specific locations well suited for 
utility-scale production of solar energy (i.e., SEZs) where the BLM 
prioritizes development (about 285,000 acres or 1,553 km\2\), and (3) 
allowed for responsible utility-scale solar energy development in 
variance areas outside of SEZs and exclusion areas in accordance with 
the variance process described in the 2012 programmatic EIS (about 19 
million acres or 82,964 km\2\). The Western Solar Plan emphasized and 
incentivized development within SEZs and included a collaborative 
process to identify additional SEZs. The BLM's goal in prioritizing and 
incentivizing development in SEZs was to speed development of solar 
energy projects on BLM lands with high potential for solar energy 
generation and low potential for resource conflicts. The BLM intends 
that at least one proposed alternative would consider adjustments to 
the land use allocations of SEZs, variance areas, and exclusion areas 
as well as potential updates to the process and procedures that apply 
in each area. The BLM will consider identifying new priority areas for 
solar energy development, variance areas, and exclusion areas, 
including in any additional States (e.g., Idaho, Montana, Oregon, 
Washington, or Wyoming) that were not evaluated in the 2012 
programmatic EIS. The BLM is interested in receiving public feedback on 
these and other provisions that could be addressed under this 
programmatic EIS.
    Variance Process: The Western Solar Plan provides for utility-scale 
energy development in variance areas outside of SEZs and exclusion 
areas. Applications for solar energy developments within a variance 
area are preliminarily assessed for anticipated conflicts with 
sensitive and high-value resources to identify potential issues with 
the siting of the proposed project. Prospective applicants in variance 
areas must schedule and participate in two preliminary meetings with 
the BLM before filing a ROW application. Following completion of these 
preliminary meetings, an applicant is then required to submit a ROW 
application to the BLM along with a Plan of Development with sufficient 
detail to allow the BLM to evaluate the suitability of the site for 
utility-scale solar energy development. Applicants for ROWs in variance 
areas are required to adhere to the data collection and survey 
protocols prescribed by resource agencies. The BLM considers a variety 
of factors when evaluating ROW applications and associated data in 
variance areas (see 2012 Western Solar Plan, Appendix B, Section B.5). 
The variance process has been in place for over a decade and was 
intended to support preliminary screening of applications as a means to 
validate the technical and financial feasibility of proposed solar 
projects, gauge the potential for conflicts with key resources and 
other existing uses using available information, and help ensure that 
certain up-front coordination has commenced with appropriate State and 
local governments before committing significant agency resources for a 
project-specific NEPA analysis. The BLM will consider modifications to 
the variance process to focus the review and improve efficiency. 
Further, the BLM will consider whether the process should be included 
in the programmatic EIS or whether the variance procedures would more 
appropriately be effectuated by other means, such as through regulation 
or policy. The BLM anticipates at least one proposed alternative will 
include changes to the variance process.
    Additionally, since implementation of the Western Solar Plan, the 
majority of authorized solar developments on public land have occurred 
in variance areas, not SEZs. As such, the BLM will consider whether the 
purpose of the variance process (i.e., pre-screening potential 
projects) is being met through other mechanisms--the BLM prioritization 
of applications for solar development in areas outside of SEZ and 
exclusion areas; exercise of the BLM's existing authority to deny ROW 
applications; and site-specific NEPA evaluations--such that the 
variance process need not be continued.
    Definition of Utility-Scale: The Western Solar Plan was limited to 
utility-scale solar energy development, defined as any project capable 
of generating 20 or more megawatts (MW) of electricity that is 
delivered into the electricity transmission grid. Thus, decisions on 
projects generating less than 20 MW have not been made under the 
Western Solar Plan and continue to be made based on existing land use 
plan requirements, applicable policy, and individual site-specific NEPA 
analyses. The BLM intends to consider modifying the definition of 
utility-scale development.
    Incentivizing Development in SEZ, i.e., Priority Areas: In the 
Western Solar Plan, the BLM stated that it intended to implement 
various policies and procedures for projects in SEZs and certain other 
initiatives to incentivize future utility-scale solar energy 
development in SEZs (see Western Solar Plan, Appendix B, Section 
B.4.3). The BLM completed some of these efforts but believes additional 
incentives should be considered. The BLM is interested in receiving 
public comment on what additional incentives would facilitate faster 
and easier permitting in SEZs, improve and facilitate appropriate 
mitigation, and encourage solar energy development on suitable lands 
adjacent to SEZs. The BLM also seeks comment on the extent to which the 
current uncertainty and disruptions in global supply chains might delay 
deployment of solar and wind energy development projects on public 
lands and how the BLM could address this concern by incentivizing the 
use of American made solar system components and union labor.
    In addition to a range of alternatives that will include proposed 
modifications and updates to the Program elements noted above, the BLM 
will consider a No Action Alternative. Under the No Action Alternative, 
no changes will be made to the Solar Energy Program. Under the No 
Action Alternative, no changes would be made

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to solar energy planning in the additional five Western States (Idaho, 
Montana, Oregon, Washington, and Wyoming) not covered by the Western 
Solar Plan.
    The BLM welcomes comments on potential modifications and updates to 
the Program elements described above as well as suggestions for 
additional alternatives.

BLM Planning Criteria

    The planning criteria guide the planning effort and lay the 
groundwork for effects analysis by identifying the preliminary issues 
and their analytical frameworks. Preliminary issues for the planning 
area have been identified by BLM personnel and from early engagement 
conducted for this planning effort with Federal, State, and local 
agencies; Tribes; and other stakeholders. The BLM has identified 
several preliminary issues within the planning criteria for this 
planning effort's analysis. The planning criteria are available for 
public review and comment at the ePlanning website https://eplanning.blm.gov/eplanning-ui/admin/project/2022371/510.

Summary of Expected Impacts

    BLM personnel have identified the following potential effects to be 
examined during the planning process: effects to natural and cultural 
resources, other resource uses, and social and economic conditions from 
providing opportunities on public lands for renewable energy 
development. The BLM will also examine the potential for improved 
conservation outcomes in high-resource value areas allocated as 
exclusion areas where renewable energy development is prohibited or 
whether other comprehensive practices could be implemented for utility-
scale solar development on BLM-administered public lands to support 
improved conservation outcomes. The BLM is accepting public input on 
these issues during the scoping period, consistent with 43 CFR 1610.4-
1. The programmatic EIS will describe the environment of the planning 
area that could be affected by the alternatives under consideration and 
will evaluate reasonably foreseeable impacts.
    The public is invited to comment on information about the 
relationships among solar energy developments on public lands and the 
balance between the nation's energy needs and other public land 
resources and uses, as well as relevant social and economic factors. 
This information will inform the scope of BLM's alternatives and impact 
analysis in the programmatic EIS.

Public Scoping Process

    This notice of intent initiates the scoping period and public 
review of the planning criteria, which guide the development and 
analysis in the programmatic EIS and associated land use plan 
amendments. The BLM will be holding two virtual and 12 in-person 
scoping meetings. The specific dates and locations of these scoping 
meetings will be announced at least 15 days in advance through 
ePlanning project page and on the BLM website (see ADDRESSES section)

Interdisciplinary Team

    The BLM will use an interdisciplinary approach to develop the 
programmatic EIS and land use plan amendments in order to consider the 
variety of resource issues and concerns identified. Bureau experts 
involved in this effort will include, without limitation, the following 
disciplines: rangeland management, minerals and geology, forestry, 
outdoor recreation, archaeology, paleontology, wildlife and fisheries, 
lands and realty, hydrology, soils, sociology and economics.

Additional Information

    The BLM will identify, analyze, and consider potential mitigation 
to address the reasonably foreseeable impacts to resources from the 
proposed plan amendments and all analyzed reasonable alternatives and, 
in accordance with 40 CFR 1502.14(e), include appropriate mitigation 
measures not already included in the proposed plan amendments or 
alternatives. Mitigation may include avoidance, minimization, 
rectification, reduction or elimination over time, and compensation, 
and may be considered at multiple scales, including the landscape 
scale.
    The BLM will utilize and coordinate the NEPA and land use planning 
processes for this planning effort to help support compliance with 
applicable procedural requirements under the Endangered Species Act (16 
U.S.C. 1536) and Section 106 of the National Historic Preservation Act 
(54 U.S.C. 306108) as provided in 36 CFR 800.2(d)(3), including public 
involvement requirements of Section 106. The information about historic 
and cultural resources and threatened and endangered species within the 
area potentially affected by the proposed plan will assist the BLM in 
identifying and evaluating impacts to such resources.
    The BLM will 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. Federal, State, and local agencies, along 
with Indian Tribal Nations and other stakeholders that may be 
interested in or affected by the proposed changes to the BLM's solar 
energy planning and RMP amendments that the BLM is evaluating, are 
invited to participate in the scoping process and, if eligible, may 
request or be requested by the BLM to participate in the development of 
the environmental analysis as a cooperating agency. The BLM will engage 
in government-to-government consultation meetings. The BLM will provide 
written invitations to potentially affected Tribal Nations prior to the 
meetings. The BLM will provide additional opportunities for government-
to-government consultation throughout the NEPA process.
    Interested parties not submitting comments at this time but who 
would like to receive a copy of the draft programmatic EIS and other 
project materials should indicate their preference through the project 
website (https://eplanning.blm.gov/eplanning-ui/admin/project/2022371/510).
    Before including your address, phone 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.
    Authority: 40 CFR 1501.9 and 43 CFR 1610.2.

Tracy Stone-Manning,
Director, Bureau of Land Management, Department of the Interior.
[FR Doc. 2022-26659 Filed 12-7-22; 8:45 am]
BILLING CODE 4310-84-P