[Federal Register Volume 88, Number 129 (Friday, July 7, 2023)]
[Notices]
[Pages 43380-43383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14411]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[BLM_AZ_FRN_MO4500172014]


Notice of Intent To Prepare an Environmental Impact Statement and 
To Amend the Resource Management Plan for the Lower Sonoran Field 
Office, and Notice of Segregation for the Proposed Vulcan Solar 
Project, Arizona

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of intent and segregation.

-----------------------------------------------------------------------

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) 
Arizona State Director intends to prepare an Environmental Impact 
Statement (EIS) and associated Resource Management Plan (RMP) amendment 
to consider the effects of the Vulcan Solar Project (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

[[Page 43381]]

public review. The BLM also announces the segregation of 8,911 acres of 
public lands from appropriation under the public land laws, including 
the Mining Law, but not the Mineral Leasing or Materials Acts, for a 
period of two years from the date of publication of this notice, 
subject to valid existing rights. This segregation will facilitate the 
orderly administration of the public lands while the BLM considers 
potential solar development on the described parcels.

DATES: The BLM requests the public submit comments concerning the scope 
of the analysis, potential alternatives, and identification of relevant 
information and studies by August 7, 2023. To afford the BLM the 
opportunity to consider issues raised by commenters in the Draft EIS 
and RMP amendment, please ensure your comments are received prior to 
the close of the 30-day scoping period or 15 days after the last public 
meeting, whichever is later. A virtual public scoping meeting will be 
held 2-3 weeks after publication of this notice; the meeting date will 
be announced on the Project ePlanning website at least 15 days prior to 
the meeting. The segregation for the public lands identified in this 
notice is effective on July 7, 2023.

ADDRESSES: You may submit comments on issues and planning criteria 
related to the Project by any of the following methods:

 Website: https://eplanning.blm.gov/eplanning-ui/project/2024466/510
 Email: [email protected]
 Mail: BLM, Lower Sonoran Field Office, Attention: Vulcan Solar 
Project, 2020 East Bell Road, Phoenix, AZ 85022

    Documents pertinent to this proposal may be examined online at the 
Project's ePlanning website: https://eplanning.blm.gov/eplanning-ui/project/2024466/510 and at the Lower Sonoran Field Office.

FOR FURTHER INFORMATION CONTACT: Matt Drahnak, Project Manager, at 
[email protected], the mailing address above, or by phone at (602) 919-
1702. Contact Mr. Drahnak 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 
Mr. Drahnak. 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: This document provides notice that the BLM 
Arizona State Director intends to prepare an EIS and RMP amendment, 
announces the beginning of the scoping process, and seeks public input 
on issues and planning criteria. The BLM is evaluating permitting solar 
energy facilities--including photovoltaic panels, batteries, and other 
solar array infrastructure--within a designated utility corridor, which 
would require amending the existing Lower Sonoran RMP to remove the 
utility corridor designation from 921 acres of designated utility 
corridors in order to allow for the placement of photovoltaic panels 
and other project infrastructure.
    The planning area is located in Maricopa County, Arizona, and 
encompasses approximately 7,374 acres of public land.
    The scope of this land use planning process does not include 
addressing the evaluation or designation of areas of critical 
environmental concern (ACEC), and the BLM is not considering ACEC 
nominations as part of this process.

Purpose and Need

    The purpose and need for action is to respond to Vulcan Solar's 
application for a right-of-way (ROW) to construct, operate, maintain, 
and decommission a solar photovoltaic project and associated facilities 
on public land administered by the BLM, consistent with Title V of 
FLPMA, regulations at 43 CFR part 2800, and other applicable laws and 
regulations. In making its decision to issue a ROW grant, the BLM must 
first consider conformance with existing RMPs (43 CFR 1610.5-3). 
Because a portion of the proposed project would be in a designated 
utility corridor that precludes this type of development, this EIS will 
include analysis of an amendment to the Lower Sonoran RMP to remove the 
utility corridor designation.

Preliminary Alternatives

    The BLM has identified three preliminary alternatives, including 
the No Action Alternative. The Proposed Action would authorize 
development of a solar photovoltaic facility and battery storage system 
on up to 7,374 acres of BLM-administered land in Maricopa County, 
Arizona. The Project proposal includes photovoltaic modules, battery 
energy storage facilities, substations, electrical collector and 
connection lines, switch yards, monitoring and maintenance facilities, 
access roads, and temporary use areas. The Project has a proposed 
generating capacity of up to 1,050 megawatt alternating current net 
capacity and would connect to the regional electrical grid via a 
proposed nine-mile transmission line to the existing Hassayampa 
Switchyard. As part of the Proposed Action, the BLM will consider an 
amendment to the Lower Sonoran RMP to remove approximately 921 acres 
from designated utility corridors, which would allow for placement of 
photovoltaic arrays and other Project infrastructure. A second action 
alternative called the Corridor Exclusion Alternative would authorize 
the Project as proposed, minus the 921 acres within the designated 
utility corridors, so no RMP amendment would be required. The No Action 
Alternative would deny the ROW application; no RMP amendment would be 
required. The BLM welcomes comments on all preliminary alternatives as 
well as suggestions for additional alternatives.

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 interested stakeholders. The BLM has identified 
one preliminary issue for this planning effort's analysis of the RMP 
amendment. The planning criteria are available for public review and 
comment at the ePlanning website (see ADDRESSES).

Summary of Expected Impacts

    Anticipated impacts on BLM-managed lands from the proposed Project 
and RMP amendment include up to 7,374 acres of ground disturbance for 
the solar facility, battery storage systems, transmission lines, 
operation and maintenance buildings, construction laydown areas, and 
access roads. Potential impacts may include reduction in authorized 
grazing; vegetation removal; recreation, access, and land use changes; 
wildlife and migratory bird impacts including habitat loss and 
potential direct mortalities during construction and operation; visual 
impacts including glint and glare and an increase in nighttime 
brightness; potential impacts to cultural resources and Native American 
concerns; and socioeconomic impacts. Known resources to be addressed in 
the analysis include, but are not limited to, air quality, visual 
resources, environmental justice, social and economic values, mining 
and minerals, land uses, Native American religious concerns, 
recreation, grazing/range, cultural resources,

[[Page 43382]]

wildlife, migratory birds, threatened, endangered and sensitive 
species, soils, water resources, invasive species and paleontology. 
Impact analysis will also consider the cumulative impacts to natural 
and cultural resources from reasonably foreseeable projects in the 
area. Modifications to the designated utility corridor would likely 
reduce future siting flexibility for linear utilities, including sub-
surface pipelines and overhead powerlines in the vicinity of the 
corridor that would be undesignated.

Anticipated Permits and Authorizations

    In addition to the requested ROW grant, other Federal, State, and 
local authorizations would be required for the Project. These may 
include authorizations determined through consultation under the 
Endangered Species Act (ESA) (16 U.S.C. 1536 et seq.), Clean Water Act 
(CWA) (33 U.S.C. 1251 et seq.), and other laws and regulations 
determined to be applicable to the 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 90-day comment period on the Draft RMP Amendment/EIS and a 
concurrent 30-day public protest period and 60-day Governor's 
consistency review on the Proposed RMP Amendment. The Draft RMP 
Amendment/EIS is anticipated to be available for public review in 
Spring 2024, and the Proposed RMP Amendment is anticipated to be 
available for public protest in Fall 2024, with a Record of Decision 
and (if approved) Approved RMP Amendment expected in late 2024 or early 
2025.

Public Scoping Process

    This notice of intent initiates the scoping period and public 
review of the planning criteria, which guide the development and 
analysis of the Draft EIS and RMP amendment. The BLM will hold one 
virtual public scoping meeting (see DATES and ADDRESSES section 
earlier). The meeting date, time, and information on how to attend will 
be announced at least 15 days in advance on the Project ePlanning 
website at https://eplanning.blm.gov/eplanning-ui/project/2024466/510 
and via news release. Project information and documents will also be 
posted on that website. Persons needing assistance (assistive 
technology, translators, or other assistance) should contact Matt 
Drahnak, Project Manager (see contact information above).

Segregation

    Regulations found at 43 CFR 2804.25(f) allow the BLM to segregate 
public lands included in an application for a ROW for solar energy 
development from the operation of the public land laws, including the 
Mining Law, by publication of a Federal Register notice. The BLM uses 
this authority to preserve its ability to approve, approve with 
modifications, or deny a proposed ROW, and to facilitate the orderly 
administration of the public lands. This 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 that would 
not impact lands identified in this notice may be allowed with the 
approval of a BLM authorized officer during the segregation period. As 
provided in the regulations, the segregation of lands in this notice 
will not exceed two years from the date of publication unless extended 
for up to an additional two years through publication of a new notice 
in the Federal Register. The segregation period will terminate and the 
land will automatically reopen to appropriation under the public land 
laws, including the Mining Law, at 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; 
without further administrative action at the end of the segregation 
provided for in the Federal Register notice initiating the segregation; 
or upon publication of a Federal Register notice terminating the 
segregation.
    The lands segregated under this notice are legally described as 
follows:

Gila and Salt River Meridian, Arizona

T. 2 S., R. 6 W.,
    Sec. 1, lots 4, 6, and 7, SW\1/4\NE\1/4\, S\1/2\NW\1/4\, SW\1/
4\, and W\1/2\SE\1/4\;
    Sec. 2, lots 1 thru 3, S\1/2\NE\1/4\, SE\1/4\NW\1/4\, E\1/
2\SW\1/4\, and SE\1/4\;
    Sec. 3, partly unsurveyed;
    Sec. 4, NE\1/4\, NE\1/4\NW\1/4\, N\1/2\NW\1/4\NW\1/4\, N\1/
2\SE\1/4\NW\1/4\, and SE\1/4\, partly unsurveyed;
    Sec. 5, S\1/2\NW\1/4\SW\1/4\, SW\1/4\SW\1/4\, and S\1/2\SE\1/
4\SW\1/4\, partly unsurveyed;
    Sec. 6, S\1/2\NW\1/4\NE\1/4\, SW\1/4\NE\1/4\, S\1/2\SE\1/4\NE\1/
4\, NW\1/4\, and, S\1/2\, partly unsurveyed;
    Sec. 7, N\1/2\, NE\1/4\SW\1/4\, N\1/2\SE\1/4\, and SE\1/4\SE\1/
4\, partly unsurveyed;
    Sec. 8, NW\1/4\NE\1/4\, S\1/2\NE\1/4\, NW\1/4\, and S\1/2\, 
unsurveyed;
    Sec. 9, SW\1/4\ and SW\1/4\SE\1/4\, unsurveyed;
    Sec. 10, NE\1/4\, N\1/2\NW\1/4\, and N\1/2\NE\1/4\SE\1/4\, 
partly unsurveyed;
    Sec. 11, E\1/2\, E\1/2\NW\1/4\, and E\1/2\SW\1/4\, partly 
unsurveyed;
    Sec. 12, partly unsurveyed;
    Sec. 13, N\1/2\, N\1/2\NE\1/4\SW\1/4\, and N\1/2\SE\1/4\, partly 
unsurveyed;
    Sec. 14, NE\1/4\NE\1/4\, N\1/2\NW\1/4\NE\1/4\, and N\1/2\SE\1/
4\NE\1/4\, unsurveyed;
    Sec. 15, W\1/2\SW\1/4\, unsurveyed;
    Sec. 16, W\1/2\NE\1/4\NE\1/4\, W\1/2\NE\1/4\, SE\1/4\NE\1/4\, 
NW\1/4\, and N\1/2\NE\1/4\SE\1/4\, unsurveyed;
    Sec. 17, N\1/2\NE\1/4\, N\1/2\SE\1/4\NE\1/4\, NE\1/4\NW\1/4\, 
and N\1/2\NW\1/4\NW\1/4\, unsurveyed.
T. 1 S., R. 7 W.,
    Sec. 26, SW\1/4\ and S\1/2\SE\1/4\;
    Sec. 27, S\1/2\NE\1/4\, NW\1/4\, and S\1/2\;
    Sec. 28, E\1/2\SE\1/4\;
    Sec. 33, NE\1/4\NE\1/4\, S\1/2\NE\1/4\, and NW\1/4\SE\1/4\;
    Sec. 34, N\1/2\ and SE\1/4\;
    Sec. 35, N\1/2\, SW\1/4\, N\1/2\SE\1/4\, and SW\1/4\SE\1/4\.
T. 2 S., R. 7 W.,
    Sec. 1, S\1/2\NE\1/4\, E\1/2\SW\1/4\, S\1/2\NW\1/4\SW\1/4\, and 
SE\1/4\;
    Sec. 2, lot 4;
    Sec. 3, lot 1;
    Sec. 12, N\1/2\NE\1/4\, SE\1/4\NE\1/4\, and NE\1/4\NW\1/4\.

    The areas described contain 8,911 acres, according to the 
official plats of the surveys and protraction diagrams of the said 
lands, on file with the BLM.

Cooperating Agencies

    These Federal agencies have agreed to participate as Cooperating 
Agencies under a Memorandum of Understanding to Improve Public Land 
Renewable Energy Project Permit Coordination: the U.S. Fish and 
Wildlife Service, Bureau of Reclamation, Department of Defense, 
Department of Energy, and Environmental Protection Agency. Local, 
State, and Tribal agencies wishing to be considered as a Cooperating 
Agency on this effort, either on the basis of their jurisdiction by law 
or special expertise, are invited to express their interest to Matt 
Drahnak, Project Manager (see contact information above).

Responsible Official

    The BLM Arizona State Director is the deciding official for this 
planning effort and notice of segregation. The Authorized Officer and 
Decision Maker for the Project is the BLM Lower Sonoran Field Office 
Manager.

Nature of Decision To Be Made

    The BLM will decide whether to approve, approve with 
modification(s), or deny the implementation-level decision for the 
issuance of a ROW grant to the applicant for the proposed Project. The 
nature of the planning decision to be made will be the State Director's 
selection of land use planning decisions pursuant to this RMP amendment 
for managing BLM-administered lands under the principles

[[Page 43383]]

of multiple use and sustained yield in a manner that best addresses the 
purpose and need.

Interdisciplinary Team

    The BLM will use an interdisciplinary approach to develop the plan 
amendment in order to consider the variety of resource issues and 
concerns identified. Specialists with expertise in the following 
disciplines will be involved in this planning effort: lands and realty, 
wildlife, botany, archaeology, air quality, hydrology, socioeconomics, 
outdoor recreation, rangeland management, soils, and visual resources.

Additional Information

    The BLM will identify, analyze, and consider mitigation to address 
the reasonably foreseeable impacts to resources from the Project and 
proposed RMP amendment and all analyzed reasonable alternatives and, in 
accordance with 40 CFR 1502.14(e), include appropriate mitigation 
measures not already included in the Proposed Action including the 
proposed RMP amendment or alternatives. Mitigation may include 
avoidance, minimization, rectification, reduction or elimination over 
time, and compensation; mitigation 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. Information about historic and 
cultural resources and threatened and endangered species within the 
area potentially affected by the Project and proposed RMP amendment 
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.
    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 1501.7, 43 CFR 1610.2, 43 CFR 2091, 43 CFR 2800.)

Raymond Suazo,
State Director.
[FR Doc. 2023-14411 Filed 7-6-23; 8:45 am]
BILLING CODE 4331-12-P