[Federal Register Volume 88, Number 78 (Monday, April 24, 2023)]
[Notices]
[Pages 24827-24830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08560]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[BLM_NV_FRN_MO 4500169399]


Notice of Intent To Prepare an Environmental Impact Statement and 
Notice of Segregation for the Proposed Libra Solar Project in Mineral 
and Lyon Counties, Nevada

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of intent and segregation.

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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) Carson 
City District Office intends to prepare an Environmental Impact 
Statement (EIS) to consider the effects of the proposed Libra Solar 
Project 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. Through this notice the BLM is 
also announcing the segregation of public lands included in the right-
of-way application for the Libra Solar Project from appropriation under 
the public land laws, including the Mining Law, but not the Mineral 
Leasing or Material Sales Acts, for a period of two (2) years from the 
date of publication of this notice, subject to valid existing rights. 
This segregation is to facilitate the orderly administration of the 
public lands while the BLM considers potential solar development on the 
described parcel.

DATES: This notice initiates the public-scoping process for the EIS. 
The BLM requests the public submit comments concerning the scope of the 
analysis, potential alternatives, and identification of relevant 
information, and studies by May 24, 2023. To afford the BLM the 
opportunity to consider issues raised by commenters in the Draft EIS, 
please ensure your comments are received prior to the close of the 30-
day scoping period or 15 days after the public

[[Page 24828]]

meeting, whichever is later. The BLM will conduct a public scoping 
meeting (virtually) which will be held on May 8, 2023, from 6:00 p.m. 
to 8:00 p.m. PT. Additional information on the meeting, including how 
to register, can be found on the project ePlanning website at: https://eplanning.blm.gov/eplanning-ui/project/2022592/510.
    The segregation for the public lands identified in this notice 
takes effect on April 24, 2023.

ADDRESSES: You may submit comments by any of the following methods:

* Email: [email protected]
* Online via ePlanning: https://eplanning.blm.gov/eplanning-ui/project/2022592/510
* Mail: BLM, Carson City District Office, Attn: Libra Solar Project, 
5665 Morgan Mill Road, Carson City, NV 89701

    Documents pertinent to this proposal may be examined online at the 
project ePlanning page: https://eplanning.blm.gov/eplanning-ui/project/2022592/510 and at the Carson City District Office.

FOR FURTHER INFORMATION CONTACT: Melanie Hornsby, Project Manager, 
telephone 775-885-6024; address 5665 Morgan Mill Road, Carson City, 
Nevada 89701; email [email protected]. Contact Melanie 
Hornsby to have your name added to our mailing list. 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 Melanie Hornsby. 
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: On September 16, 2020, Libra Solar LLC 
(Applicant) filed a right-of-way (ROW) application with the BLM Carson 
City District Office for the Libra Solar Project (Project), requesting 
authorization to construct, operate, maintain, and eventually 
decommission a 700-megawatt photovoltaic solar electric generating 
facility, battery storage facility, associated generation tie-line, and 
access road facilities.
    The proposed project requests use of approximately 5,500 acres of 
Federal lands administered by the BLM. The proposed project is in 
Mineral and Lyon Counties, approximately 55 miles southeast of the Reno 
metropolitan area, and 11 miles southeast of the town of Yerington. 
U.S. Route 95 is 7 miles east of the site and State Route 208 is 8 
miles west. The electricity generated would be collected at the onsite 
substation and conveyed to the NV Energy Fort Churchill Substation 
located northwest of the project site via a generation (gen-tie) 
transmission line. If approved, the duration for potential construction 
of the facilities is estimated to be approximately 12 to 18 months.

Segregation of Land

    Regulations found at 43 CFR 2091.3-1(e) and 43 CFR 2804.25(f) allow 
the BLM to temporarily segregate public lands within a solar or wind 
application area from the operation of the public land laws, including 
the Mining Law, by publication of a Federal Register notice. The BLM 
uses this temporary segregation authority to preserve its ability to 
approve, approve with modifications, or deny proposed ROWs, and to 
facilitate the orderly administration of the public lands. This 
temporary segregation is subject to valid existing rights, including 
existing mining claims located before this segregation notice. 
Licenses, permits, cooperative agreements, or discretionary land use 
authorizations of a temporary nature which would not impact lands 
identified in this notice may be allowed with the approval of an 
authorized officer of the BLM during the segregation period. The lands 
segregated under this notice are legally described as follows:

Mount Diablo Meridian, Mineral County, Nevada

Mount Diablo Meridian, Nevada

    T. 12N., R. 27E.,
    sec. 15 SW\1/4\, SW\1/4\SE\1/4\, SW\1/4\NW\1/4\;
    sec. 16 S\1/2\, NE\1/4\;
    sec. 17 S\1/2\;
    sec. 20;
    sec. 21;
    sec. 22 S\1/2\, NW\1/4\, W\1/2\NE\1/4\;
    sec. 23 SW\1/4\SW\1/4\;
    sec. 25 SW\1/4\SW\1/4\;
    sec. 26 S\1/2\, NW\1/4\, SW\1/4\NE\1/4\;
    sec. 27 N\1/2\, N\1/2\SW\1/4\, N\1/2\SE\1/4\, SW\1/4\SW\1/4\, 
SE\1/4\SE\1/4\, SE\1/4\SW\1/4\;
    sec. 28;
    sec. 29 E\1/2\, E\1/2\NW\1/4\, E\1/2\SW\1/4\;
    sec. 32 NE\1/4\, N\1/2\SW\1/4\;
    sec. 33 NW\1/4\, N\1/2\SW\1/4\, NW\1/4\SE\1/4\, SW\1/4\NE\1/4\, 
NE\1/4\NE\1/4\;
    sec. 35 E\1/2\, E\1/2\NW\1/4\, NW\1/4\NW\1/4\;
    sec. 36 W1/2.

    The area described contain 5,500 acres, according to the official 
plats of the surveys and protraction diagrams of the said lands on file 
with the BLM.
    As provided in the regulations, the segregation of lands in this 
notice will not exceed 2 years from the date of publication unless 
extended for up to 2 additional years through publication of a new 
notice in the Federal Register. Termination of the segregation occurs 
on the earliest of the following dates: upon issuance of a decision by 
the authorized officer granting, granting with modifications, or 
denying the application for a ROW; automatically at the end of the 
segregation; or upon publication of a Federal Register notice of 
termination of the segregation.
    Upon termination of the segregation of these lands, all lands 
subject to this segregation would automatically reopen to appropriation 
under the public land laws, including the mining laws.

Purpose and Need for the Proposed Action

    The BLM's preliminary purpose and need for this Federal action is 
to respond to Libra Solar LLC's ROW application under title V of FLPMA 
(43 U.S.C. 1761) to construct, operate, maintain, and decommission a 
solar generation power plant and ancillary facilities on approximately 
5,500 acres of BLM land in Mineral and Lyon Counties, Nevada. Pursuant 
to section 501(a)(4) of FLPMA, the BLM is authorized to grant ROWs on 
public lands for systems of generation, transmission, and distribution 
of electrical energy.

Preliminary Proposed Action and Alternatives

    The proposed action is to approve a ROW to Libra Solar LLC to 
construct, operate, and eventually decommission the proposed solar 
photovoltaic project and associated facilities, including battery 
storage and a gen-tie transmission-line on approximately 5,500 acres of 
BLM administered lands. The project may have a generating capacity of 
up to 700 megawatts of alternating current energy.
    Under the No Action Alternative, BLM would deny the ROW application 
for the solar project and associated facilities. The proposed project 
would not be constructed, and existing land uses in the project area 
would continue. Additional action alternatives have not been identified 
but may be developed through consideration of public comments and input 
received during the application evaluation determination process and 
scoping. The BLM welcomes comments on all preliminary alternatives as 
well as suggestions for additional alternatives.

Summary of Expected Impacts

    The analysis in the EIS will be focused on the proposed solar 
project and associated facilities, including battery storage and gen-
tie transmission line construction. The BLM decided to continue 
processing the proposed project application and complete

[[Page 24829]]

appropriate NEPA compliance per 43 CFR 2800 based on information 
provided by the Applicant and input from other parties. Through this 
process, the BLM conducted preliminary public outreach and coordination 
with agencies and Tribal Nations specific to the proposed project. From 
the input received, the expected impacts from construction, operation, 
and eventual decommissioning of the solar project and associated 
facilities could include:
    * Potential effects to cultural resources in the project area from 
construction activities;
    * Potential effects to basin groundwater resources from the 
proposed construction water needs for the project;
    * Potential socioeconomic impacts from the proposed project to 
local communities;
    * Potential air quality impacts from proposed construction 
activities;
    * Potential impacts to vegetation and native plant communities from 
construction, operations, and decommissioning of the project and 
associated facilities;
    * Potential impacts to rangeland resources from the construction 
and operation of the facility;
    * Potential effects to recreational opportunities and public use of 
the proposed project area due to construction and operations of the 
solar facility; and
    * Potential cumulative effects with other reasonably foreseeable 
actions in the area.
    Preliminary issues for the project have been identified by the BLM, 
other Federal agencies, the State, local agencies, Tribes, and the 
public during the application evaluation process. The following issues 
may be impacted by the proposed project and will be considered for 
detailed analysis in the EIS: biological resources, vegetation 
resources, visual resources, cultural resources, Native American 
religious concerns, rangeland resources, air quality, climate change, 
noise, transportation, geology, mineral resources, hazards and 
hazardous materials, military and civilian aviation, recreation, 
environmental justice, socioeconomics, water resources, and cumulative 
effects from reasonably foreseeable actions in the area.

Anticipated Permits and Authorizations

    Along with the requested ROW grant from the BLM, Libra Solar LLC 
anticipates needing the following authorizations and permits for the 
proposed project: consultation under Section 106 of the National 
Historic Preservation Act with the Advisory Council on Historic 
Preservation and Nevada State Historic Preservation Office; Section 404 
Permit for Jurisdictional Waters Determination from the U.S. Army Corps 
of Engineers; Wildlife Special Purpose permit from the Nevada 
Department of Wildlife; Nevada Division of Environmental Protection 
Major Source Permit from the Prevention of Significant Deterioration 
Program, Stormwater and Groundwater Discharge permits and Temporary in 
Waterways Work permit; Obstruction Evaluation with Federal Aviation 
Administration in coordination with the U.S. Air Force; Nevada Division 
of Forestry Native Cacti and Yucca Commercial Salvaging and 
Transportation Permit; State List Endangered Species Take Permit; 
Nevada Public Utilities Commission Environmental Protection Act Permit; 
Nevada Division of Water Resources Groundwater Well Permit; Nevada 
State Fire Marshall Hazardous Materials Storage permit; Nevada 
Department of Transportation ROW Occupancy Permit; Mineral County 
Special Use Permit; and other County permits, as necessary. Further 
details on these permitting requirements may be found in the Plan of 
Development for the Libra Solar Project.

Schedule for the Decision-Making Process

    The BLM will provide additional opportunities for public 
participation consistent with the NEPA and land use planning processes, 
including a 45-day comment period on the Draft EIS. The Draft EIS is 
anticipated to be available for public review December 2023 and the 
Final EIS is anticipated to be released in June 2024 with a Record of 
Decision expected in August 2024.

Public Scoping Process

    This notice of intent initiates the scoping period, which will 
guide the development and analysis of the Draft EIS.
    The BLM will be holding one virtual scoping meeting as specified in 
the Date section of this notice.
    The purpose of the public scoping process is to determine relevant 
issues that will influence the scope of the environmental analysis, 
including alternatives and mitigation measures, and to guide the 
process for developing the EIS. Federal, State, and local agencies, 
along with other stakeholders that may be interested or affected by the 
BLM's decision on this project, are invited to participate in the 
scoping process and, if eligible, may request or be requested by the 
BLM to participate as a cooperating agency. The BLM encourages comments 
concerning the proposed Libra Solar Project, possible measures to 
minimize and/or avoid adverse environmental impacts, and any other 
information relevant to the proposed action.
    The BLM also requests assistance with identifying potential 
alternatives to the proposed action. As alternatives should resolve an 
issue with the proposed action, please indicate the purpose of the 
suggested alternative. In addition, the BLM requests the identification 
of potential issues that should be analyzed. Issues should be a result 
of the proposed action or alternatives; therefore, please identify the 
activity along with the potential issues.

Lead and Cooperating Agencies

    The BLM Carson City District Office is the lead agency for this 
EIS. The BLM has initially invited 24 agencies and eight Tribal Nations 
to be cooperating agencies to participate in the environmental analysis 
of the project.
    Of those invited to date, four agencies have agreed to participate 
as cooperating agencies: Mineral County, Lyon County, Department of 
Defense Hawthorne Army Depot, and the Nevada Department of Wildlife. 
Additional agencies and organizations may be identified as potential 
cooperating agencies to participate in the environmental analysis of 
the project.

Responsible Official

    The Carson City District Manager is the deciding official for this 
proposed action.

Nature of Decision To Be Made

    In accordance with the BLM's multiple use and sustained yield 
mandates, the District Manager will decide whether to approve, approve 
with modification(s), or deny issuance of a ROW grant to the Applicant 
for the proposed project. Pursuant to 43 CFR 2805.10, if the BLM issues 
ROW grant(s), the BLM decision maker may include terms, conditions, and 
stipulations determined to be in the public interest.

Interdisciplinary Team

    The BLM will use an interdisciplinary approach to develop the EIS 
and consider the variety of resource issues and concerns identified. 
Specialists with expertise in the following disciplines will be 
involved in this process: air quality, archaeology, botany, climate 
change (greenhouse gases), environmental justice, fire and

[[Page 24830]]

fuels, geology/mineral resources and soils, hazardous materials, 
hydrology, groundwater, invasive/non-native species, jurisdictional 
delineations, lands and realty, rangelands, public health and safety, 
recreation/transportation, socioeconomics, soils, visual resources, and 
wildlife.

Additional Information

    The BLM will identify, analyze, and consider mitigation to address 
the reasonably foreseeable impacts to resources from the proposed 
action 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 amendment or alternatives. Mitigation may 
include avoidance, minimization, rectification, reduction, elimination 
over time, and compensation, and may be considered at multiple scales, 
including the landscape scale.
    The BLM will continue to consult with Tribal Nations on a 
government-to-government basis in accordance with Executive Order 
13175, BLM Manual 1780, and other 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 Tribal Nations and stakeholders that may be 
interested in or affected by the BLM's proposed action 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 EIS as a 
cooperating agency. The BLM intends to hold a series of government-to-
government consultation meetings. The BLM will send invitations to 
potentially affected Tribal Nations prior to the meetings. The BLM will 
provide additional opportunities for government-to-government 
consultation during the NEPA process.
    The BLM will also utilize and coordinate the NEPA process to help 
support compliance with applicable procedural requirements under 
Section 106 of the National Historic Preservation Act (54 U.S.C. 
306108) as provided in 36 CFR 800.8(c). The identification of historic 
properties and the assessment of effects of the undertaking on these 
properties will be carried out in a manner consistent with the 
standards and criteria outlined in 36 CFR 800.4 through 800.5. BLM will 
consult on the effects of the undertaking on historic properties with 
the Nevada State Historic Preservation Office, Indian Tribes that might 
attach religious and cultural significance to affected historic 
properties, other consulting parties, and the Advisory Council on 
Historic Preservation. BLM will develop, in consultation with 
identified consulting parties, alternatives and proposed measures that 
might avoid, minimize, or mitigate any adverse effects of the 
undertaking on historic properties and describe them in the Draft EIS. 
The agency official will provide the Draft EIS to the Nevada State 
Historic Preservation Office, Tribal Nations that might attach 
religious and cultural significance to affected historic properties, 
the Advisory Council on Historic Preservation, and other consulting 
parties in accordance with 36 CFR 800.8(c) and the BLM's established 
NEPA Procedures.
    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: 43 CFR 1610.2, 2800, 43 CFR 2091.3-1(e).)

Kimberly D. Dow,
Carson City District Manager.
[FR Doc. 2023-08560 Filed 4-21-23; 8:45 am]
BILLING CODE 4331-21-P