[Federal Register Volume 88, Number 107 (Monday, June 5, 2023)]
[Notices]
[Pages 36612-36615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11872]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[BLM_NV_FRN_MO#4500170433]


Notice of Intent To Prepare an Environmental Impact Statement and 
Potential Resource Management Plan Amendment for the Bonanza Solar 
Project in Clark and Nye Counties, Nevada

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of intent.

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SUMMARY: The Bureau of Land Management (BLM) Nevada State Office 
intends to prepare an Environmental Impact Statement (EIS) and 
potential associated amendments to the 1998 Las Vegas Resource 
Management Plan (RMP) for the proposed solar development referred to as 
the Bonanza Solar Project. EDF Renewables Development Inc. is proposing 
to build the Bonanza Solar Project in Clark and Nye counties, Nevada. 
Publication of this notice initiates the scoping process and a 45-day 
public comment period to solicit public comments on the scope of the 
analysis, including issues and alternatives, and to solicit public 
comments on the planning criteria.

DATES: The BLM requests the public submit comments concerning the scope 
of the analysis, potential alternatives, and identification of relevant 
information, and studies by July 20, 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 45-
day scoping period or 15 days after the last public meeting, whichever 
is later.
    The BLM expects to hold a combination of virtual and in-person 
scoping meetings during the 45-day scoping period. The BLM will provide 
the public at least 15-days' notice prior to the workshops.

ADDRESSES: You may submit comments on issues related to the Bonanza 
Solar Project by any of the following methods:
     Website: https://eplanning.blm.gov/eplanning-ui/project/2020905/510.
     Email: [email protected].
     Mail: BLM, Nevada State Office, Attn: Renewable Energy 
Coordination

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Office, 1340 Financial Boulevard, Reno, Nevada 89502.
    The website also contains available documents relevant to the 
planning process for the Bonanza Solar Project.

FOR FURTHER INFORMATION CONTACT: Brian Buttazoni, Planning & 
Environmental Specialist, telephone (775) 861-6491; address 1340 
Financial Boulevard, Reno, NV 89502; email [email protected]. 
Contact us at this email address 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. 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

    On December 1, 2020, EDF Renewables Development Inc. filed an 
Application for Transportation, Utility Systems, Telecommunications, 
and Facilities on Federal Lands and Property (Standard Form 299) and a 
preliminary Plan of Development (POD) with the BLM for a Federal Land 
Policy and Management Act of 1976 (FLPMA) right-of-way (ROW) 
authorization for the Bonanza Solar Project (NVN-100224). The requested 
ROW would be for the construction, operation and maintenance, and 
eventual decommissioning of a 300 megawatt (MW) alternating current 
solar photovoltaic power generating facility with a 300 MW battery 
energy storage system on approximately half of the 5,133-acre 
application area located approximately five miles west of Indian 
Springs in Clark and Nye counties, Nevada. Additionally, the 
application includes an approximately five and one-half mile gen-tie 
line that would tie into the existing GridLiance Innovation Substation. 
The proposed facilities would be located entirely on lands administered 
by the BLM.
    The 5,133-acre application area is on lands identified as variance 
areas in the 2012 Western Solar Plan. The BLM has satisfied the 
requirements of the Western Solar Plan for evaluating this application 
through the variance process, including preliminary meetings and public 
outreach. On August 22, 2022, the BLM initiated a 30-day public input 
period for the variance process, which ended on September 22, 2022. 
During that period, the BLM hosted three virtual input sessions, one 
for agencies and Tribal Nations on September 1, 2022, and two for the 
public on September 7 and 8, 2023. The BLM received approximately 35 
comments during the public input period. The BLM Director signed a 
variance concurrence memo in April 2023, which allowed the project to 
move forward with the environmental analysis.
    On December 12, 2022, the BLM published a Notice of Land 
Segregation in the Federal Register, which segregated the lands within 
the application area from appropriation under the public land laws, 
including the Mining Law, but not the Mineral Leasing or Material Sales 
Acts, for a period of 2 years, subject to valid existing rights (87 FR 
76081).

Purpose and Need for the Proposed Action

    In compliance with the National Environmental Policy Act of 1969, 
as amended (NEPA), and FLPMA, the BLM intends to complete an EIS for 
this project. The BLM has also determined that it will be necessary to 
evaluate the need for Resource Management Plan Amendments (RMPA) for 
this project, and as a result the document will be a combined EIS/RMPA 
following the requirements of the BLM's land use planning regulations. 
The EIS/RMPA will consider amending the 1998 Las Vegas Resource 
Management Plan to evaluate whether the re-classification of visual 
resources management class iii to class iv is warranted, and whether 
the re-alignment of existing RMP corridors is warranted.
    The BLM's preliminary purpose and need for this Federal action is 
to respond to a right-of-way application submitted by EDF Renewables 
Development Inc. under title V of FLPMA (43 U.S.C. 1761) to construct, 
operate, maintain, and eventually decommission a 300 MW alternating 
current solar photovoltaic power generating facility; a 300 MW battery 
energy storage system on approximately half of the 5,133-acre 
application area; and a five and one-half mile gen-tie line located 
approximately five miles west of Indian Springs in Clark and Nye 
Counties, Nevada, in compliance with FLPMA, the BLM right-of-way 
regulations, U.S. Department of the Interior NEPA regulations, and 
other applicable Federal and State laws and policies. In accordance 
with FLPMA, public lands are to be managed for multiple uses and 
sustained yield that consider the long-term needs of future generations 
for renewable and non-renewable resources. The BLM is authorized to 
grant ROWs on public lands for systems of generation, transmission, and 
distribution of electrical energy (section 501(a)(4)).
    Planning criteria are the standards, rules, and other factors 
developed by managers and interdisciplinary team members for use in 
forming judgements about decision making, analysis, and data collection 
during the planning process. The BLM has identified some preliminary 
planning criteria to guide development of the RMP amendments, to avoid 
unnecessary data collection and analysis, and to ensure the RMP 
amendments are tailored to the issues. These criteria may be modified 
and/or other criteria may be identified during the public scoping 
process. The following preliminary specific planning criteria will help 
guide the planning process:
    Criteria 1: The BLM will use a systematic interdisciplinary 
approach to integrate physical, biological, economic, and other 
sciences.
    Criteria 2: The BLM will use the best available data regarding 
natural resources.
    Criteria 3: The BLM will consider the present and potential uses of 
public lands, and where existing RMP decisions are valid, those 
decisions will remain unchanged.
    Criteria 4: The BLM will consider the relative scarcity of values 
and availability of alternative means and sites for recognizing those 
values.
    Criteria 5: Any plan amendments will be completed in compliance 
with FLPMA, NEPA, and all other relevant Federal laws, executive 
orders, and BLM polices.
    Criteria 6: The BLM will seek coordination and consistency with 
other government programs including Tribal plans and policies.
    Criteria 7: Existing land use planning decisions will not change 
unless specifically amended.
    Criteria 8: Any RMP amendments will recognize valid existing 
rights.

Preliminary Proposed Action and Alternatives

    The Proposed Action is to authorize a ROW to EDF Renewables 
Development Inc. to construct, operate, and eventually decommission the 
proposed solar project, including associated facilities, with the 
potential to generate 300 MW of alternating current energy on public 
lands.
    Additional action alternatives have not been identified to date but 
would be developed by taking into consideration comments and input 
submitted during the public outreach process and public scoping.

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    Under the No Action Alternative, the BLM would not issue a ROW for 
the proposed solar project and associated facilities. The proposed 
project would not be constructed, and existing land uses in the 
application area would continue. Additionally, the BLM would not 
undertake a RMPA to evaluate the re-classification of visual resources 
management designations and re-alignment of RMP utility corridors.
    The BLM welcomes comments on all preliminary alternatives as well 
as suggestions for additional reasonable 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 
transmission line construction. The BLM evaluated the proposed project 
application per the 43 CFR part 2800 application evaluation 
determination process. Through this process, the BLM gathered input 
from an interdisciplinary team of resource specialists pursuant to the 
requirements of the Western Solar Plan and completed public, agency, 
and tribal outreach during a 32-day input period. From the input 
received, the expected impacts from construction, operation, 
maintenance, and eventual decommissioning of the solar project, and 
associated facilities and the RMPA could include:
     Vegetation and soils.
     Threatened & endangered species, and Bureau sensitive 
species.
     Air quality and climate.
     Cultural and historical resources.
     Water resources.
     Access to public lands.
     Socioeconomics.
     Public health and safety.

Anticipated Permits and Authorizations

    Along with a BLM ROW, as required under 43 CFR 2801.9, EDF 
Renewables Development Inc. anticipates needing the following 
authorizations and permits for the proposed project: Biological Opinion 
and Incidental Take Permit from the U.S. Fish and Wildlife Service; 
Section 404 Permit from U.S. Army Corps of Engineers; Wildlife Special 
Purpose permit from the Nevada Department of Wildlife; Temporary 
Discharge Permits and Working in Waterways Temporary Permit from the 
Nevada Division of Environmental Protection; Permit to Construct from 
the Nevada Public Utilities Commission; water rights modification 
permits from the Nevada Division of Water Resources; Hazardous 
Materials Storage permit from the Nevada State Fire Marshal; and Clark 
and Nye county permits, as necessary. Further details on these 
permitting requirements may be found in the POD which is available on 
the project website at: https://eplanning.blm.gov/eplanning-ui/project/2020905/510.

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 90-day comment period on the Draft EIS/RMPA and concurrent 
30-day public protest period and 60-day Governor's consistency review 
on the Final EIS and Proposed RMPA. The Draft EIS/RMPA is anticipated 
to be available for public review in winter 2023, and the Final EIS and 
Proposed RMPA is anticipated to be available for public protest in 
spring 2024 with an Approved RMPA and Record of Decision (ROD) in the 
summer of 2024.

Public Scoping Process

    This Notice of Intent initiates the scoping period, which guides 
the development and analysis of the Draft EIS/RMPA.
    The BLM expects to hold two in-person scoping meetings and one 
virtual meeting. The specific date(s) and location(s) of any additional 
scoping meetings will be announced at least 15 days in advance through 
the project https://eplanning.blm.gov/eplanning-ui/project/2020905/510.
    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 Bonanza Solar Project and potential RMPA, 
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 Nevada State Office is the lead agency for this EIS and 
RMPA. The BLM has initially identified the following agencies and 
organizations as potential Cooperating Agencies to participate in the 
environmental analysis of the Project: Bureau of Indian Affairs, 
Department of the Air Force, Department of Defense, U.S. Environmental 
Protection Agency Region 9, U.S. Fish and Wildlife Service, Nevada 
Department of Transportation, Big Pine Paiute Tribe of Owens Valley, 
Bishop Paiute Tribe, Chemehuevi Indian Tribe, Colorado River Indian 
Tribes, Fort Independence Indian Community of Paiute Indians, Fort 
Mojave Indian Tribe, Kaibab Band of Paiute Indians, Las Vegas Paiute 
Tribe, Lone Pine Paiute-Shoshone Tribe, Moapa Band of Paiutes, Paiute 
Indian Tribe of Utah, San Juan Southern Paiute Tribe, Timbisha Shoshone 
Tribe, Twenty-Nine Palms Band of Mission Indians, Utu Utu Gwaitu Paiute 
Tribe, Nevada Department of Wildlife, Nevada Division of Environmental 
Protection, Nevada Division of Minerals, Nevada Division of State 
Lands, Clark County, and Nye County. Additional agencies and 
organizations may be identified as potential Cooperating Agencies to 
participate in the environmental analysis of the Project.

Responsible Official

    The Nevada State Director is the deciding official for the proposed 
Bonanza Solar Project.

Interdisciplinary Team

    The BLM will use an interdisciplinary approach to develop the EIS 
to 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, geology/mineral 
resources, hydrology, invasive/non-native species, lands and realty, 
public health and safety, recreation, 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 all analyzed 
reasonable alternatives and, in accordance with 40 CFR 1502.14(e), 
include appropriate

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mitigation measures not already included in the proposed 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 the NEPA process 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 
project 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 Manual 
Section 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 Indian Tribal Nations, and other stakeholders that may be 
interested in or affected by the proposed action 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 intends to hold government-to-government consultation meetings. The 
BLM will send invitations to potentially affected Indian Tribal Nations 
prior to the meetings. The BLM will provide additional opportunities 
for government-to-government consultation during the NEPA process.

Nature of Decision To Be Made

    The BLM will decide whether to grant, grant with conditions, or 
deny the ROW application. Pursuant to 43 CFR 2805.10, if the BLM issues 
a ROW, the BLM decision maker may include terms, conditions, and 
stipulations determined to be in the public interest. The BLM will make 
the decision as to whether or not to approve any RMP amendments, in 
accordance with BLM policy about delegation of authorities. In the ROD, 
the BLM will clearly distinguish the RMPA decision from the selected 
alternative for the proposed solar development project.

Personal Identifying Information

    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. Comments submitted anonymously will be accepted and 
considered.
    It is important that reviewers provide their comments at such times 
and in such manner that they are useful to the agency's preparation of 
the EIS. Therefore, comments should be provided prior to the close of 
the public scoping period and should clearly articulate the reviewer's 
concerns.

(Authority: 40 CFR 1501.7 and 43 CFR part 2800.)

Christopher Bush,
Acting Nevada State Director.
[FR Doc. 2023-11872 Filed 6-2-23; 8:45 am]
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