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UNITED STATES DEPARTMENT OF THE
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BUREAU OF LAND
MANAGEMENT |
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In Reply Refer
To: |
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1601/2800/2880 (WO 350)
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Ref. IM
2006-067 |
Instruction Memorandum No.
2006-216
Expires: 09/30/07
To:
All
Field Officials
From:
Director
Subject:
Wind Energy Development Policy
Program Area: Right-of-Way Management,
Purpose: This Instruction Memorandum (IM) provides guidance on
implementing the Record of Decision for the Programmatic Environmental Impact
Statement on Wind Energy Development and guidance on processing right-of-way
applications for wind energy projects on public lands administered by the Bureau
of Land Management (BLM).
Policy/Action: The BLM initiated the preparation of a Programmatic
Environmental Impact Statement (EIS) in October 2003 to address the impacts of
the future development of wind energy resources on public lands. The Programmatic EIS also addressed the
establishment of policies and best management practices (BMPs) as mitigation
measures for potential environmental impacts and addressed the amendment of
individual BLM land use plans. The
Final Programmatic Environmental Impact
Statement on Wind Energy Development on BLM-Administered Lands in the Western
United States was released on
Information on the Programmatic
EIS, the Biological Opinion, and the ROD are posted on the web at http://www.windeis.anl.gov/. A copy of the ROD is attached to this IM
as Attachment 1.
This IM replaces the Interim
Wind Energy Development Policy (IM 2003-020), issued October 16, 2002, and
implements the ROD signed on December 15, 2005. Issuance of the IM ensures consistency
in the processing of right-of-way applications and the management of
authorizations for wind energy development on public land. The IM addresses the amendment of land
use plans to address wind energy development and the potential to tier future
site-specific National Environmental Policy Act (NEPA) analyses to the
Programmatic EIS.
Policies included in the ROD identify specific lands on
which wind energy development would not be allowed; establish requirements for
public involvement, consultation with other Federal and state agencies, and
government‑to‑government consultation; define the need for project-level
environmental review; establish requirements for the scope and content of the
project-level Plan of Development (POD); and incorporate adaptive management
strategies. The BMPs establish
environmentally sound and economically feasible mechanisms to protect and
enhance natural and cultural resources.
They identify the issues and concerns that must be addressed by
project-specific plans, during each phase of project development. Mitigation measures protecting these
resources would be required to be incorporated into project-level PODs. These mitigation measures would include
the programmatic BMPs, as well as the incorporation of additional mitigation
measures contained in other existing and relevant BLM guidance, or developed to
address site-specific or species‑specific concerns.
Inventory and Planning:
It is the BLM general policy, consistent
with the National Energy Policy of 2001 and the Energy Policy Act of 2005, to
encourage development of wind energy in acceptable areas. Wind energy site testing and monitoring
activities are usually in conformance with and can be accommodated by existing
land use plans without a need for a land use plan amendment. Existing land use plans identify
wilderness and wilderness study areas, Areas of Critical Environmental Concern
(ACEC), visual resource management areas, national scenic or historic trails,
National Landscape Conservation System units, critical habitat areas, and other
special management areas where land use restrictions apply to a variety of uses,
including wind energy site testing and monitoring. Commercial wind energy development
activities in some cases, however, may not be in conformance with existing land
use plans and it may be appropriate to amend the land use plan as a concurrent
action with the same analysis for the wind energy development proposal. Right‑of‑way applications for wind
energy site testing and monitoring or for wind energy development projects will,
however, be processed in a timely manner.
The BLM Land Use Planning
Handbook (H-1601-1) requires that existing and potential development areas for
renewable energy projects (including wind energy) be addressed in land use
planning efforts (see Appendix C, Section E, Lands and Realty, of the
Handbook). The Record of Decision
(ROD) amended 52 BLM land use plans in
1)
Add a copy of the
Programmatic EIS and the ROD to the official Field Office records. These
documents are the supporting documents for the land use plan
amendment.
2)
Announce the plan
amendment through a periodic planning publication (Annual Program Summary,
Planning Update, or Quarterly Planning Newsletter) or other appropriate public
outreach materials. This
announcement is a courtesy announcement only. The decision to amend the plan was made
by the ROD. No protest or appeal is
offered because there is no new decision.
Field Offices with existing
land use plans that were not amended by the ROD, may amend their plans at
anytime by following the requirements under 43 CFR 1610.5-5. Field Offices may tier to, or
incorporate analysis from, the Programmatic EIS as appropriate under Chapter III
of the BLM NEPA Handbook (H-1790-1) when considering a proposed plan amendment
and prepare a separate decision document amending the existing plan. In most cases, this type of proposed
action would be considered using an Environmental Assessment level plan
amendment process to adopt the policies and BMPs of the Programmatic EIS and
ROD. This is a new decision and is
subject to protest. In other areas
where land use plans will be revised in the future, the land use planning effort
should address wind resource potential, public concerns, and opportunities for
wind energy development within the land use planning area consistent with the
BLM Land Use Planning Handbook (Appendix C). Field Offices are encouraged to
incorporate wind energy resource development potential in these planning efforts
to facilitate the processing of future wind energy applications. The land use plan revision process would
address the environmental and local community issues associated with commercial
wind energy. This would provide an
opportunity to potentially reduce the amount of additional environmental review
and documentation required to process a specific application in the future.
The Department of Energy’s
National Renewable Energy Laboratory (NREL) assisted the BLM in the preparation
of the Programmatic EIS and provided an inventory assessment of wind energy
resources on public lands in the Western States. The objective of this collaborative
effort was to support the BLM land use planning efforts. Appendix B of the Programmatic EIS
includes a set of wind resource potential maps for each BLM Field Office in each
of the Western States. In addition,
Applications:
All wind energy and wind energy related
facilities will be applied for under Title V of the Federal Land Policy and
Management Act (FLPMA) and Title 43, Part 2800 of the Code of Federal
Regulations (CFR). The regulations
cited in this IM refer to the recent right-of-way regulations which were
published in the Federal Register on April 22, 2005, and became effective on
June 21, 2005.
Wind energy site testing and
monitoring will not be authorized by a land use permit under the 43 CFR 2920
regulations. Existing 2920 permits
that may have previously been issued will, however, be recognized for the term
of the existing permit.
Applications for a wind energy
right-of-way grant may be submitted for one of the following three (3) types of
wind energy projects:
1) a
site-specific wind energy site testing and monitoring right-of-way grant for
individual meteorological towers and instrumentation facilities with a term that
is limited to 3 years;
2) a
wind energy site testing and monitoring right-of-way grant for a larger site
testing and monitoring project area, with a term of 3 years that may be renewed
consistent with 43 CFR 2807.22 and the provisions of this IM beyond the initial
term of the grant; and
3) a
long-term commercial wind energy development right-of-way grant with a term that
is not limited by the regulations, but usually in the range of 30 to 35
years.
Applications for any of the
above types of projects will be submitted using Standard Form 299 (SF-299),
Application for Transportation and Utility Systems and Facilities on Federal
Land, consistent with the requirements of 43 CFR 2804.12. The BLM Authorized Officer should
encourage wind energy applicants to schedule preapplication meetings (43 CFR
2804.10) with the BLM to assist in the preparation and processing of
applications, identify potential issues and conflict areas, identify any
environmental or cultural resource studies that may be needed, assess public
interest and concerns, identify other authorized uses, identify other general
recreation and public uses in the area, discuss potential alternative site
locations, and discuss potential financial obligations that the applicant must
be willing to assume. Early public
notification and involvement of local communities and other interests is also
important in increasing public acceptance and avoiding potential conflicts,
especially in areas where other uses exist on the public lands.
All wind energy right-of-way
applications and authorizations are subject to appropriate cost recovery fees
(processing and monitoring) and rental fees as required by 43 CFR 2804.14, 43
CFR 2805.16, and 43 CFR 2806.10.
The policy guidance on rental fees contained in this IM is based on
comparable payment practices for existing wind energy right-of-way
authorizations on Federal and non-Federal lands and was developed in
consultation with BLM staff and others with appraisal expertise. Wind energy right-of-way authorizations
are considered non-linear right-of-way grants and, therefore, are not subject to
the requirements of 43 CFR 2806.23 regarding multi-year rental payments. However, by policy, the holder of a wind
energy site testing and monitoring right-of-way grant may pay in advance the
required rental fee for the entire term of the grant.
Right-of-way applications for
wind energy site testing and monitoring or for wind energy development projects
should be identified as a priority Field Office workload and will be processed
in as timely a manner as possible.
The processing timeframes for right-of-way applications as required by 43
Site testing and monitoring
right-of-way applications will usually be minor cost recovery category actions
and should be processed within a 60-day timeframe, consistent with the
requirements of 43
A bond will be required, by
policy established in the ROD, for all commercial wind energy development
projects to ensure compliance with the terms and conditions of the right-of-way
authorization and the requirements of applicable regulatory requirements. The amount of the bond will consider
potential reclamation and administrative costs to the BLM. Bonds in the amount of $2,500 per wind
turbine, considering salvage values of turbines and towers, have generally been
required for wind energy development projects on public lands. However, the amount of the required bond
will be determined during the right-of-way authorization process on the basis of
site-specific and project-specific factors. A bond for site testing and monitoring
authorizations will continue to be discretionary by the Authorized Officer (43
CFR 2805.12(g)).
Authorizations:
1) Right-of-Way Grant for Site-Specific Wind Energy
Testing and Monitoring Facilities: A
site-specific right-of-way grant (Form 2800-14) will be used to authorize
individual meteorological towers and instrumentation facilities. The area authorized for these facilities
shall be the minimum necessary for construction and maintenance of the temporary
facility. The term of a
site-specific right-of-way grant will be limited to 3 years, plus the additional
time that will allow the grant to expire on December 31 of the final year of the
authorization, consistent with the provisions of 43
A site-specific
Rental: The
rental fee for a site-specific right-of-way grant for wind energy site testing
and monitoring will be a minimum of $50 per year for each meteorological tower
or instrumentation facility location and includes no additional rental fee for
the acreage of each site location.
Some BLM Field Offices have existing site-location rental fees for
temporary facilities on the public lands that can be used for wind energy site
testing and monitoring facilities.
In some cases these
2) Right-of-Way Grant for a Wind Energy Site Testing and
Monitoring Project Area: A right-of-way grant (Form 2800-14) that
includes provisions for renewal beyond the 3-year term (43 CFR 2807.22) will be
used to authorize wind energy site testing and monitoring facilities for a
project area. The holder of the
site testing and monitoring right-of-way grant retains an interest in the site
testing and monitoring project area, but will be required to submit a separate
right-of-way application (43 CFR 2807.20) and POD to the BLM for review,
analysis, and separate approval for any future wind energy development. The interest retained by the holder of
the site testing and monitoring right-of-way grant is only an interest to
preclude other wind energy right-of-way applications during the 3-year term of
the grant. The lands within the
grant area will not be available for other wind energy right-of-way
applications. The holder of the
site testing and monitoring right-of-way grant for a project area establishes no
right to development and is required to submit a separate right-of-way
application for wind energy development to the BLM for analysis, review, and
decision. The BLM retains the right
to authorize other compatible uses of the public lands. The lands involved in the site testing
and monitoring right-of-way grant for a project area will be defined by aliquot
land descriptions and be configured to involve a reasonable amount of land that
may support a possible right-of-way application for a wind energy development
project in the future.
The site testing and monitoring
right-of-way grant for the site testing and monitoring project area is issued
for an initial term of 3 years, plus the additional time that will allow the
grant to expire on December 31 of the final year of the authorization,
consistent with the provisions of 43 CFR 2805.11(b)(2). This term can be extended or renewed (43
CFR 2807.22) for a term not to exceed an additional 3 years to allow for
continued site testing and monitoring, only if a separate right‑of‑way
application and POD is submitted for a wind energy development project prior to
the end of the initial term of the grant.
The requirement for submittal of a POD with the right-of-way application
for the wind energy development project is consistent with the provisions of 43
CFR 2804.25. The holder of the site
testing and monitoring right-of-way grant is required to submit, prior to the
end of the initial term of the grant, a separate right-of-way application for
development to retain the interest in the site testing and monitoring project
area. (See the Due Diligence
section of this IM regarding additional provisions for a site testing and
monitoring right-of-way grant).
Site testing and monitoring
facilities (meteorological towers) are not required to be placed on every parcel
of public land involved in a project area to be able to assess the wind resource
development potential of a project area.
In some cases, an applicant may propose to place meteorological towers on
adjacent private, state, or other land ownership with no meteorological towers
on public land. The BLM has limited
experience in evaluating the number and location of meteorological towers that
may be needed to adequately assess the wind resources of a project area on
public lands. The Department of
Energy’s NREL office in
resources on public land can be
sufficiently evaluated for future wind energy development. In order for NREL to evaluate the
proposal, the Field Office will need to submit the following information: a
topographic map of the area showing the boundary of the proposed project area,
land ownership, proposed location and height of the meteorological towers, and
access roads. The BLM Division of
Lands, Realty and Cadastral Survey (WO-350) can provide the point of contact at
NREL for these evaluations if requested.
If the evaluation determines
that the meteorological tower placement on adjacent non-Federal land is capable
of characterizing the wind patterns on public lands, then a NEPA document will
need to be prepared describing the Federal action as the issuance of a
right-of-way grant with limited activities on the public land. If the evaluation concludes that the
proposal cannot adequately assess the wind patterns on public lands or the
project area proposed is not consistent with good wind testing techniques, then
the applicant should be notified of this finding and given the opportunity to
amend the proposal. If the
proponent does not amend the application to meet the recommendations provided by
NREL, the BLM Authorized Officer can reject the
application.
In cases where a right-of-way
grant is issued for a site testing and monitoring project area and no
meteorological towers are installed on public lands, the Due Diligence section
of this IM will still require the proponent to install the meteorological towers
on the non-Federal land within 12 months from the effective date of
authorization. The holder shall
provide the BLM with good cause as to the nature of any delay. The purpose of the Due Diligence
provisions of the IM are to preclude land speculators from obtaining a
right-of-way grant for a project area with valuable wind energy resources, with
the potential to negatively impact the development of wind energy on public
lands.
Rental: The
rental fee for a site testing and monitoring right-of-way grant for a site
testing and monitoring project area will be based on the total public land
acreage of the project area included in the right-of-way grant. The rental fee for the total public land
acreage of the grant will be $1,000 per year or $1 per acre per year, whichever
is the greater. This rental fee is
based on comparable fees on non-Federal lands. There is no additional fee for the
installation of each meteorological tower or instrumentation facility located
within the site testing and monitoring project area. This rental fee is based on the value of
the use of the area for site testing and monitoring and the value of the option
held by the holder that precludes other wind energy right-of-way applications
during the 3-year term of the grant, comparable to similar option payments on
private lands. The rental fee for a
site testing and monitoring right-of-way grant is paid annually, in advance, on
a calendar year basis consistent with the regulations (43 CFR 2806.12). However, by policy, the holder of a site
testing and monitoring right-of-way grant may pay in advance the required rental
fee for the entire term of the grant.
Each site testing and monitoring authorization will
contain appropriate BMPs and may contain appropriate site specific stipulations,
including but not limited to road construction and maintenance, vegetation
removal, and number and location of wind monitoring sites. A bond is discretionary by the
Authorized Officer, but will usually not be required for a site testing and
monitoring authorization. If a bond
is required, the amount of the reclamation bond will consider potential
reclamation and administrative costs to the BLM.
The wind inventory data
collected and held by the right-of-way grant holder is proprietary information
and will be protected by the Privacy Act and may be withheld under the Freedom
of Information Act to the extent allowed by Federal law. However, sufficient detailed wind data
will be required to be provided to the BLM, at the time a separate right-of-way
application for development is submitted, to support the environmental analysis
and review of the proposed development.
This data becomes public information to the extent allowed by Federal law
and will be used for analysis and decision making purposes related to the
processing of the right-of-way application for a wind energy development
project. Biological and cultural
resource studies and data collected by the right-of-way grant holder will also
be required to be provided to the BLM and becomes public information to the
extent allowed by Federal law.
Site testing and monitoring
authorizations may be assigned consistent with the provisions of the regulations
(43
3) Right-of-Way Grant for Commercial Wind Energy
Development Facilities: A right-of-way grant (Form 2800-14) will
be used to authorize all facilities, held by the holder of the grant, on the
public lands related to a commercial wind energy development project. This authorization will include the wind
turbine facilities, as well as the on-site access roads, electrical and
distribution facilities, and other support facilities authorized by the wind
energy development right-of-way grant.
Other off-site facilities, such as electrical transmission and additional
access roads may require a separate linear right-of-way authorization. The lands involved in the wind energy
development right-of-way grant will be defined by aliquot legal land
descriptions and be configured to minimize the amount of land involved, while
still allowing an adequate distance between turbine positions and reasonable
right-of-way boundaries. In the
absence of any specific local zoning and management issues, no turbine shall be
positioned closer than five (5) rotor-diameters from the center of the wind
turbine to the right-of-way boundary in the dominant upwind or downwind
direction to avoid potential wind turbulence interference issues with adjacent
wind energy facilities, unless it can be demonstrated that site conditions, such
as topography, natural features, or other conditions such as offsets of turbine
locations, warrant a lesser distance.
Further, for safety reasons, no turbine shall be positioned closer than
1.5 times the total height of the wind turbine to the right-of-way
boundary. In cases where the
applicant holds a long-term lease right on adjacent Federal or non-Federal lands
for wind energy development or the adjacent non-Federal landowner provides a
setback waiver, these minimum setbacks may be eliminated, allowing turbines to
be placed closer to the right-of-way boundary.
The right-of-way holder should
also be encouraged, through terms and conditions of the right-of-way
authorization, to work with the BLM to increase the public acceptance and
awareness of the benefits of wind energy development by providing information
and public points of access near the development where safe and
appropriate. These measures could
include on-site interpretive resources, and photo locations. The BLM and right-of-way holder can
provide a positive
The term of the grant is not
limited by the regulations, but the terms of most existing grants for major wind
energy development projects recognize the overall costs and useful life of wind
energy facilities and are generally in the range of 30 to 35 years. The grant may be renewed for additional
terms, consistent with the provisions of the regulations (43 CFR 2807.22). The BLM also retains the right to
authorize other compatible uses of the public lands within the right-of-way
grant during the term of the grant.
Rental: The
rental fee for a commercial wind energy development right-of-way grant on public
land is established at $2,365 per megawatt of the total anticipated installed
capacity of the wind energy project on public land based on the approved POD, a
capacity factor of 30 percent, a royalty of 3 percent, and an average purchase
price of $0.03 per kilowatt hour. The rental fee is a fixed annual
Bureauwide rent based on the following formula:
Annual rent = (Anticipated total installed capacity in
kilowatts as identified in the approved POD) x (8760 hours per year) x (30
percent capacity factor) x (3 percent royalty) x ($0.03 average price per
kilowatt hour)
Example for one megawatt (1,000
kW) of anticipated total installed capacity on public
land:
Annual rent = (1,000 kW) x (8760 hours) x (0.30
capacity) x (0.03 royalty) x ($0.03 per kWh) or $2,365 per megawatt of
anticipated total installed capacity on public land.
The
annual rental fee will be phased in as follows:
First
year - 25 percent of the total rental fee or $591 per
megawatt;
Second
year - 50 percent of the total rental fee or $1,182 per megawatt;
Third
year -100 percent of the total rental fee or $2,365 per
megawatt.
The full annual rental fee will
apply at any time prior to 3 years, upon the start of commercial operations of
the project. The rental fee is paid
annually, in advance, on a calendar year basis consistent with the regulations
(43 CFR 2806.12). The BLM will
discourage the use of a separate turbine installation fee (an additional one
time payment for each turbine installation), a production rental fee, or other
fees, as part of the wind energy rental fee. Any separate linear right-of-way
authorizations issued for off-site facilities to support the wind energy
project, such as electrical transmission lines, will be subject to the linear
right-of-way rental provisions of 43 CFR 2806.20.
All wind energy right-of-way
holders are subject to rent in accordance with this IM, unless they are
specifically exempt from rent by statute or regulation. Some holders or facilities may be exempt
from rent pursuant to the Rural Electrification Act of 1936, as amended (43
The right-of-way grant may be
assigned consistent with the provisions of the regulations (43 CFR
2807.21). However, all assignments
are subject to approval by the BLM Authorized Officer and the qualifications of
all assignees must comply with the Due Diligence section of this IM, and the
requirements of the regulations (43 CFR 2804.12(a)(5) and 43 CFR
2804.26(a)(5)). A partial
assignment of the grant shall not be approved if such action would hinder the
BLM management of the grant or the associated public
lands.
All final decisions issued by
the Authorized Officer in connection with the authorization of any of the above
described wind energy projects are appealable under 43 CFR part 4 (43 CFR
2801.10). It should also be noted
that right-of-way grants are issued as full force and effect decisions (43 CFR
2801.10(b)) and will remain effective during any appeal period, unless stayed by
the Interior Board of Land Appeals.
Competitive Interest: The right-of-way regulations (43 CFR 2804.23(c)) provide
authority for identifying public lands under competitive bidding procedures for
wind energy right-of-way authorizations.
However, the BLM will only initiate a competitive process if a land use
planning decision has specifically identified an area for competitive wind
energy leasing. The Programmatic
EIS and associated ROD did not identify any competitive wind energy leasing
areas for any BLM land use plans; therefore, any competitive leasing areas would
need to be identified through a separate local land use planning process. Site testing and monitoring or wind
energy development right-of-way applications will, therefore, be processed on a
first come basis. The BLM will
encourage applicants who may have an interest in a common area to establish a
partnership or cooperative agreement, if possible, which establishes compatible
use of the site between the applicants.
If the applicants choose not to form a partnership or cooperative
agreement, the BLM will generally proceed ahead with the applicant who has
submitted the first complete application and provided the processing cost
recovery fees required by 43 CFR 2804.14.
Due Diligence: There are some concerns regarding the potential for land
speculators to obtain right-of-way grants and control valuable wind energy
resource areas, with the potential to negatively impact development of wind
energy on public lands. These
concerns can be mitigated by applying the applicant qualification requirements
of the regulations (43
The regulations clearly provide
authority to require the application to include information on the applicant’s
technical capability to construct, operate, and maintain the wind energy
facilities (43 CFR 2804.12(a)(5)).
This technical capability can be demonstrated by international or
domestic experience with wind energy projects or other types of electric energy
related projects on either Federal or non-Federal lands. The applicant should provide information
on the availability of
Due diligence is encouraged by
the limited 3-year term of the site testing and monitoring right-of-way
authorization. The site testing and
monitoring right-of-way grant for a site testing and monitoring project area can
only be extended or renewed if a separate right-of-way application and POD is
submitted for a wind energy development project prior to the end of the initial
term of the grant. In addition, the
site testing and monitoring authorization and the wind energy development
authorization shall include a due diligence requirement for installation of
facilities consistent with an approved POD. The following due diligence requirements
will need to be included in the terms and conditions of either the site testing
and monitoring authorization or the wind energy development authorization. If monitoring facilities, under a site
testing and monitoring right-of-way authorization, have not been installed
within 12 months after the effective date of the authorization or consistent
with the timeframe of the approved POD, the holder shall provide the BLM good
cause as to the nature of any delay, the anticipated date of installation of
facilities, and evidence of progress toward site monitoring activities. If construction of wind energy
facilities, under a wind energy development authorization, has not commenced
within 2 years after the effective date of the grant or consistent with the
timeframe of the approved POD, the right-of-way holder shall provide the BLM
good cause as to the nature of any delay, the anticipated date of construction,
and evidence of progress toward commencement of construction. Failure of the holder to comply with the
due diligence terms and conditions of either the site testing and monitoring
authorization or the wind energy development authorization provides the
Authorized Officer the authority to terminate the authorization (43
Environmental Review: The Programmatic EIS
addressed a range of alternatives, including the proposed action which would
implement a wind energy development program with establishment of a set of
policies and BMPs for wind energy development on the public lands. The proposed action was selected as the
“environmentally preferable” alternative and was carried forward into the
ROD. The policies and BMPs are
included in Attachment A of the ROD and are applicable to all wind energy
activities on BLM-administered public lands. The BMPs establish environmentally sound
and economically feasible mechanisms to protect and enhance natural and cultural
resources. They identify the issues
and concerns that need to be addressed by project-specific plans. Mitigation measures protecting these
resources will be required to be incorporated into the project POD. These mitigation measures will include
the specific programmatic BMPs, as well as additional mitigation measures
contained in other existing and relevant BLM guidance or stipulations developed
to address site-specific or species-specific concerns through project-level
analysis.
To the extent that the
Programmatic EIS addresses anticipated issues and concerns associated with an
individual wind energy project, including potential cumulative impacts, the BLM
will by policy tier off of the analysis in the Programmatic EIS and limit the
scope of additional project-specific NEPA analyses. The site-specific NEPA analyses will
include analysis of project site configuration and micrositing considerations,
monitoring program requirements, and appropriate
1) Site Testing and Monitoring Applications:
The scope of the environmental analysis
required for either a site-specific wind energy site testing and monitoring
right-of-way application or a project area site testing and monitoring
application includes direct, indirect, and cumulative effects of the proposed
site testing and monitoring related facilities. The site testing and monitoring
right-of-way authorization is for a limited term (3 years) and usually includes
only a few wind monitoring towers with instruments attached to measure various
meteorological parameters, such as wind speed, wind direction, and temperature
at various heights above the ground.
The footprint for each monitoring tower is small and the need for site
clearances should be limited to the areas of proposed surface disturbance and
associated areas of potential effect.
The environmental review should
not address wind energy development facilities, as the installation of wind
turbines are not proposed during site testing and monitoring. The reasonably foreseeable development
discussions in the environmental analysis for a site testing and monitoring
right-of-way application should focus on anticipated installation of additional
wind monitoring facilities during the term of the right-of-way grant. Typically only a small number of wind
energy site testing and monitoring authorizations ever lead to actual wind
energy development projects.
Therefore, the reasonably foreseeable development discussion should not
focus on uncertain future development scenarios. However, the cumulative impacts of other
wind energy site testing activities and any other reasonably foreseeable
activities that potentially impact the same environmental resources in the area
are required to be addressed in the environmental
analysis.
The use of a Categorical Exclusion (CX) for the issuance
of short-term right-of-way authorizations may be applicable to some site testing
and monitoring locations. The
relevant CX, established for the BLM in Departmental Manual 516, Chapter 11,
Sec. 11.5, E(19) (DOI 2004), encompasses “issuance of short-term (3 years or
less) rights-of-way or land use authorizations for such uses as storage sites,
apiary sites, and construction sites where the proposal includes rehabilitation
to restore the land to its natural or original condition.”
The holder of a site
testing and monitoring right-of-way grant for a site testing and monitoring
project area is limited in term to 3 years and the holder is required to submit
a separate right‑of‑way application for any wind energy development
project. The right-of-way
regulations (43
2) Commercial Wind Energy Development Application:
The scope of the NEPA analysis and the
compliance requirements with the Endangered Species Act, the National Historic
Preservation Act, and other laws for a wind energy development right-of-way
application will be broader than a site testing and monitoring application, as
the installation of wind turbines, access roads, and electrical transmission
facilities will be addressed in the analysis. However, the footprint of wind energy
facilities are typically smaller than other types of energy production
facilities. The level of site
clearances should be limited to the areas of proposed surface disturbances and
associated areas of potential effect, including the access roads to wind turbine
locations and the electrical transmission and other support facilities. The wind energy development facilities,
however, may extend over a large geographic area and have a broad area of
influence. The potential impact
from these facilities may, therefore, extend beyond the small footprint of the
individual wind turbine locations and it may be necessary to provide setbacks
from important natural resource areas.
The reasonably foreseeable
development discussion in the environmental analysis for a wind energy
development project should focus on the potential for installation of additional
wind turbines and increased production and electrical transmission from the
project area. In addition, the
cumulative impacts of other wind energy projects and any other reasonably
foreseeable projects that potentially impact the same environmental resources in
the area are required to be addressed in the environmental analysis. Project-specific environmental analyses
for wind energy development tiered to the analyses conducted in the Programmatic
EIS allow the project-specific analyses to focus just on the critical,
site-specific issues of concern. An
Environmental Assessment (EA) will usually be sufficient, but an EIS may be
required if significant public controversy or a determination of significant
adverse impacts is made. It may
also be possible to combine the required environmental review process for a wind
energy development project with applicable State or local environmental
procedures for energy facility siting.
This would both streamline the process and be consistent with
Departmental policy on intergovernmental cooperation.
LR 2000 Data Entry: Commodity code (974) was established to identify wind energy related right-of-way authorizations and to track these uses within LR 2000.
Timeframe: Effective immediately upon
receipt. This policy does not apply
to wind energy site testing and monitoring authorizations or wind energy
development projects authorized prior to the effective date of this IM. Pending applications, however, will be
processed consistent with the provisions of this IM. Existing wind energy right-of-way
authorizations may be amended at the request of the holder to include the
provisions of this IM. This
includes the opportunity for
Background: As part of an overall strategy to develop a diverse
portfolio of domestic energy supplies for our future, the National Energy Policy of 2001 and
the Energy Policy Act of 2005 (Public Law 109-58, August 8, 2005) encourage the
development of renewable energy resources, including wind energy.
The
Budget Impact: The application of this policy will have some impact on
budget. However, wind energy
right-of-way applications are subject to the cost recovery provisions of the
regulations and most applications for a long-term commercial wind energy
development right-of-way will probably meet the criteria for full reasonable
costs (43 CFR 2804.14(b)). In
addition, the BLM monitoring activities are also subject to the cost recovery
provisions of the regulations. Workload impacts should be clarified through the
streamlined procedures identified by this IM and by the priority established for
processing wind energy right-of-way applications. There is also a positive impact
through the implementation of consistent procedures in the processing of wind
energy right‑of‑way applications.
Manual/Handbook Sections
Affected: This Instruction Memorandum and policy affect BLM
Right-of-Way Management Manual 2801 and Handbook H-2801-1, and BLM Land Use
Planning Handbook H-1601-1.
Coordination:
This IM incorporates the
policies and BMPs established by the Programmatic EIS and associated ROD. Preparation of the Programmatic EIS
provided an opportunity for public comment and input on the proposed BLM wind
energy program, policies and BMPs, and land use plan amendments. The land use plan amendment process also
included a 60-day Governor’s consistency review as required by the BLM land use
planning regulations and completion of the Section 7 consultation process with
the FWS. The ROD signed on
Contacts:
Any questions concerning the
content of this IM should be directed to the BLM Division of Lands, Realty and
Cadastral Survey (WO-350). Points
of contact for wind energy right-of-way questions include Rick Stamm at
202-452-5185 or Scott Powers at 406-896-5319.
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Signed
by: |
Authenticated
by: |
|
|
Robert M.
Williams |
|
Acting,
Director |
Division of
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1
Attachment
1 – Record of
Decision (42 pp)