blm’s right-of-way program
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IRWA 2013 Federal Agency IRWA 2013 Federal Agency UpdateUpdate
Bureau of Land Management (BLM)Bureau of Land Management (BLM)U.S. Forest Service (USFS)U.S. Forest Service (USFS)
Energy Corridors & Rapid Response TeamEnergy Corridors & Rapid Response Team
BLM’s Right-of-Way ProgramBLM’s Right-of-Way ProgramAdminister over 106,000 ROWs (most in 11 western states)
FY12 collected over $50 million in rent
Title V of Federal Land Policy and Management Act (FLPMA) of 1976
– wind/solar energy development– transmission lines– roads– wireless telecommunications (broadband)– pipelines (non-oil/gas)
Section 28 of Mineral Leasing Act of 1920 (MLA)– oil pipelines– gas pipelines
Allow non-exclusive use (typical 30 year term with right to renew)
USFS’s Special Uses ProgramUSFS’s Special Uses ProgramManage over 74,000 special use authorizations
- Agency collects over $100 million in land-use fees annually
- Federal royalties from oil and gas leases on NFS lands were $136 million in calendar year 2009.
Energy ROWs- 6,600 miles of energy-related pipeline - 15,000 miles of transmission line
Allow non-exclusive use (typical 30 year term with right to renew)
FLPMA and Mineral Leasing Act also direct USFS authorizations
Energy Policy Act (EPAct) of Energy Policy Act (EPAct) of 20052005
Section 368 Energy CorridorsSection 368 Energy Corridors
EPAct Section 368 Energy EPAct Section 368 Energy CorridorsCorridors
Section 368 directs Secretaries of Interior, Agriculture, Defense, Commerce, and Energy to designate corridors in 11 western states
•2008 DOE, BLM, USFS, DOD, USFWS issue Final Programmatic EIS
•2009 BLM ROD designates 5,000 miles of corridors, amends 92 land use plans
•2009 USFS ROD designates 990 miles of corridors, amends 38 land management plans
NOTE: BLM has thousands of miles of “locally designated” corridors established under FLPMA Section 503
Environmental ReviewEnvironmental Review
Affected StatesAffected States
Section 368 Energy Corridors Section 368 Energy Corridors continuedcontinued
• Corridor Uses: oil, gas, hydrogen pipelines, electric transmission
• Identified centerline, width (typically 3,500’) and compatible uses
• Corridors preferred locations for future projects
• RODs do not mandate projects be confined to corridors
• RODs include Interagency Operating Procedures (IOPs) - mandatory requirements to expedite applications and improve consistency
Energy Corridor LitigationEnergy Corridor Litigation
July 2009 multiple NGO’s file suit (Wilderness Society, et al. v. United States Department of the Interior, et al.,)
Plaintiffs identify 45 Corridors of Concern (COC) in 11 states
Siting projects within COCs may involve:– additional litigation– increased mitigation– significant environmental impacts– consideration of alternative siting options
Plaintiffs Corridors of ConcernPlaintiffs Corridors of Concern
Energy Corridor Litigation Energy Corridor Litigation continuedcontinued
July 2012 case dismissed per Settlement Agreement
Key Actions•Oct 2012 - BLM/USFS invite Tribes, industry, environmental groups to participate in training
•Oct 2013 - July 2014 BLM/USFS/DOE provide quarterly reports to Plaintiffs
•July 2013 - BLM/USFS update corridor guidance and training materials
•July 2013 - BLM/USFS/DOE complete MOU, develop work group, develop corridor study plan
•July 2014 - BLM/USFS/DOE complete corridor study and provide recommendations to agency managers
Energy Corridor Litigation Energy Corridor Litigation continuedcontinued
Stakeholders (including the public) will be engaged in: •Corridor review process and revisions to Interagency Operating Procedures (IOPs)
•Future land use plan amendments that consider workgroup recommendations
Current Status•Workgroup established (DOE/BLM/USFS)•Developing MOU•Developing Communication Plan•Revising 3 training courses•Updating policy
MOU SummaryMOU Summary
Approved October 2009 for Coordination of Federal Permitting for Transmission Lines on Federal Lands
Purpose:•expedite siting and construction of qualified projects •improve coordination among applicants, federal agencies, states, tribes•improve uniformity, consistency, and transparency •DOE designates single lead agency, monitors schedules
Qualifying Projects: •Cross jurisdictions of two or more MOU agencies•Generally 230kV and above•Regionally/nationally significant lines
Rapid Response Team for Rapid Response Team for Transmission (RRTT) – June Transmission (RRTT) – June
20112011Improve quality and timeliness of transmission permitting, review, and consultation by the Federal government on Federal and non‐Federal lands by:•Coordinating permitting, review, and consultation schedules and processes among Federal and state agencies
•Apply uniform and consistent approach to Tribal consultations
•Resolve interagency conflicts, ensure agencies engaged and meet timelines
•October 2011 announce 7 pilot projects
RRTT Ongoing ActionsRRTT Ongoing ActionsProjects approved
– CAPX 2020 Hampton-Lacrosse– Susquehanna-Roseland
•Issue resolution for 5 western projects•Develop robust and clear application process
– Tool Kit
•Pursue dedicated, funded transmission teams•Evaluate cost recovery authorities•Best Management Practices
– Template documents– Mitigation guidance– Consistent terms and conditions– Early definition of permit/data requirements
Lucas Lucero, Branch ChiefLucas Lucero, Branch ChiefBLM - Washington OfficeBLM - Washington Office202-912-7342202-912-7342llucero@blm.govllucero@blm.gov
Electric Transmission & Corridors: Electric Transmission & Corridors: www.blm.gov/wo/st/en/prog/energy/transmission.html
Rights-of-Way:Rights-of-Way:http://www.blm.gov/wo/st/en/prog/energy/cost_recovery_regulations.html
Vaughan Marable Vaughan Marable USFS - Special Uses Manager USFS - Special Uses Manager 202-205-1162202-205-1162vdmarable@fs.fed.usvdmarable@fs.fed.us
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