[Federal Register Volume 89, Number 169 (Friday, August 30, 2024)]
[Notices]
[Pages 70660-70662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19478]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[BLM_HQ_FRN_MO 4500181783]


Notice of Availability of the Final Programmatic Environmental 
Impact Statement for Utility-Scale Solar Energy Development and 
Proposed Resource Management Plan Amendments

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of availability.

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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) has 
prepared a Final Programmatic Environmental Impact Statement (EIS) and 
Proposed Resource Management Plan (RMP) Amendments for Utility-scale 
Solar Energy Development and by this notice is announcing the start of 
a 30-day protest period.

DATES: This notice announces the beginning of a 30-day protest period 
to the BLM on the Proposed RMP Amendments. Protests must be postmarked 
or electronically submitted on the BLM's ePlanning site within 30 days 
of the date that the Environmental Protection Agency (EPA) publishes 
its Notice of Availability (NOA) in the Federal Register. The EPA 
usually publishes its NOAs on Fridays.

ADDRESSES: The Final Programmatic EIS, Proposed RMP Amendments, and 
associated documents are available for review on the BLM ePlanning 
project website at https://eplanning.blm.gov/eplanning-ui/project/2022371/510.
    Instructions for filing a protest with the BLM can be found at: 
https://www.blm.gov/programs/planning-and-nepa/public-participation/filing-a-plan-protest and at 43 CFR 1610.5-2.
    All protests must be submitted in writing through one of the 
following two methods:
     Project website: https://eplanning.blm.gov/eplanning-ui/project/2022371/510.
     Regular Mail and Overnight Delivery: BLM Director, 
Attention: Protest Coordinator (HQ210), Denver Federal Center, Building 
40 (Door W-4), Lakewood, CO 80215.
    Emailed protests will not be accepted as valid protests unless the 
protesting party also provides the original letter by either regular 
mail or overnight delivery postmarked by the close of the protest 
period. Under these conditions, the

[[Page 70661]]

BLM will consider an emailed protest as an advance copy, and it will 
receive full consideration. If you wish to provide the BLM with such 
advance notifications, please direct emails to [email protected].

FOR FURTHER INFORMATION CONTACT: Jeremy Bluma, Senior Advisor, National 
Renewable Energy Coordination Office, BLM Headquarters, email: 
[email protected] or telephone: (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 international calls to the point of contact in 
the United States.

SUPPLEMENTARY INFORMATION: The Proposed RMP Amendments would change 
existing land use plans as described in the Final Programmatic EIS/
Proposed RMP Amendments. On January 19, 2024 (89 FR 3687), the BLM 
published a Draft Programmatic EIS for Utility-Scale Solar Energy 
Development. Public comments were accepted through April 18, 2024. The 
public and cooperating agencies provided comments that informed 
revisions to the Final Programmatic EIS/Proposed RMP Amendments. The 
Final Programmatic EIS/Proposed RMP Amendments would support an updated 
planning framework for the BLM's management of utility-scale solar 
energy development on public lands.
    The planning area is located within the States of Arizona, 
California (excluding the lands covered by the Desert Renewable Energy 
Conservation Plan in 7 southern California counties), Colorado, Idaho, 
Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming 
(hereinafter referred to as the 11 Western States) and encompasses 
approximately 162 million acres of public land.
    The BLM has assessed the potential environmental, cultural, and 
economic impacts of modifying its current management of utility-scale 
solar energy development across the 11 Western States. It is 
considering the Proposed RMP Amendments to improve its management 
consistency with respect to utility-scale solar energy development, 
address changes in solar energy technology that have occurred since the 
BLM's last solar energy planning effort in 2012 (2012 Western Solar 
Plan), support national renewable energy and climate goals, and 
incorporate updated information about important resource values. As the 
BLM seeks to advance its solar energy program, it does so while 
managing other important land uses. These include recreational use; 
agricultural use, such as grazing; other energy and mineral 
development; resource protection, including National Monuments and 
National Conservation Areas, wilderness areas and wilderness study 
areas, other specially designated areas, wildlife and big game, water 
resources, and cultural, historical, and paleontological resources; and 
the restoration of lands and resources, in all cases where appropriate 
and consistent with the principles of multiple use and sustained yield, 
as defined by FLPMA.

Purpose and Need

    The purpose of the proposed action is to improve initial siting of 
utility-scale photovoltaic (PV) solar energy development proposals by 
identifying ``solar application areas,'' which are broad areas of BLM-
administered lands where proposals for solar energy projects are 
anticipated to encounter fewer resource conflicts compared to areas 
unsuitable for solar development due to significant resource conflicts. 
There is a need to improve the solar development application process by 
providing development opportunities in specified solar application 
areas while maintaining sufficient flexibility to account for site-
specific resource considerations on a case-by-case basis during 
consideration of specific project applications and associated NEPA 
analysis.
    This programmatic effort evaluates potential updates that respond 
to key changes since the BLM issued the 2012 Western Solar Plan. First, 
there has been an increase in utility-scale solar energy development, 
both on and off public lands, driven by the urgent need to replace 
fossil fuel energy sources with renewable energy sources in order to 
reduce the impacts of climate change. Second, advancements in 
technology and economic factors have shifted the focus to the use of PV 
technology. Third, the BLM is seeing increasing interest (represented 
through applications for PV solar energy development) on public lands 
in the 5 northern states not covered by the 2012 Western Solar Plan 
(Idaho, Montana, Oregon, Washington, and Wyoming).
    In response, the BLM needs to update its planning framework for 
public lands to help guide responsible solar energy development. This 
includes amending land use plans in the 11 Western States to exclude 
solar energy development in areas that need protection. The amendments 
would also update design features and environmental evaluation 
processes and incorporate new information and analysis.

Alternatives Evaluated and the Proposed Plan

    The BLM analyzed 6 alternatives in detail, including the no action 
alternative. The BLM evaluated making varying amounts of public lands 
available for solar energy project applications. The BLM also 
considered 7 additional alternatives but did not include those 
alternatives for detailed analysis for the reasons discussed in the 
Final Programmatic EIS.
    The BLM developed the Proposed RMP based on public comment and 
cooperating agency feedback on the Draft Programmatic EIS. The Proposed 
RMP, which is a blend of elements from the range of alternatives 
analyzed in the Draft Programmatic EIS, describes the BLM's proposed 
approach for implementing utility-scale PV solar energy development on 
BLM-administered land. The Proposed RMP would exclude approximately 131 
million acres of public lands from solar applications to protect 
sensitive resources as described in the exclusion criteria in the Final 
Programmatic EIS. Approximately 31 million acres of public lands would 
be available for solar applications under the Proposed RMP. Public 
lands would be available if, after accounting for the resource-based 
exclusions and the exclusion for slopes exceeding 10 percent, they are 
within 15 miles of an existing or planned transmission line with 
capacity of at least 69 kilovolts, or they are identified as 
``previously disturbed'' based on criteria described in the Final 
Programmatic EIS. The Proposed RMP would improve the solar energy 
project application process by excluding project applications from 
areas where protection is warranted and providing development siting 
opportunities in solar application areas while maintaining sufficient 
siting flexibility to account for site-specific resource considerations 
on a case-by-case basis under subsequent project-specific decisions.

Mitigation

    Mitigation in the Final Programmatic EIS generally involves 
avoidance and minimization strategies. Avoidance is achieved by 
excluding specific public lands from solar energy development 
applications, based on the likelihood that projects in those locations 
would cause unacceptable resource impacts. Minimization is accomplished 
by requiring that various programmatic design features be incorporated 
into solar project proposals. At the project

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review stage, the BLM may determine that additional mitigation--such as 
further avoidance, minimization, and compensation--is required.

Schedule for the Decision-Making Process

    The Record of Decision and Approved RMP Amendments are anticipated 
to be finalized in December 2024.
    The BLM will continue to 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. Consultation will 
continue on an individual basis with interested Tribes.

Protest of the Proposed RMP Amendments

    BLM planning regulations state that any person who participated in 
the preparation of the RMP and has an interest that will or might be 
adversely affected by approval of the Proposed RMP Amendments may 
protest its approval to the BLM. Protest on the Proposed RMP Amendments 
constitutes the final opportunity for administrative review of the 
proposed land use planning decisions prior to the BLM approving RMP 
Amendments. Instructions for filing a protest with the BLM regarding 
the Proposed RMP Amendments may be found online (see ADDRESSES). All 
protests must be in writing and mailed to the appropriate address or 
submitted electronically through the BLM ePlanning project website (see 
ADDRESSES). Protests submitted electronically by any means other than 
the ePlanning project website will be invalid unless a hard copy of the 
protest is also submitted. The BLM will render a written decision on 
each protest. The protest decision of the BLM shall be the final 
decision of the Department of the Interior. Responses to valid protest 
issues will be compiled and documented in a Protest Resolution Report 
made available following the protest resolution online at: https://www.blm.gov/programs/planning-and-nepa/public-participation/protest-resolution-reports. Upon resolution of protests, the BLM will issue a 
Record of Decision and Approved RMP Amendments.
    Before including your address, phone number, email address, or 
other personal identifying information in your protest, you should be 
aware that your entire protest--including your personal identifying 
information--may be made publicly available at any time. While you may 
ask us in your protest 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; 40 CFR 1506.9; 43 CFR 1610.2; 43 CFR 
1610.5)

David Rosenkrance,
Assistant Director, Energy, Minerals, and Realty Management.
[FR Doc. 2024-19478 Filed 8-29-24; 8:45 am]
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