Record of Decision and

Resource Management Plan Amendments for 

Geothermal Leasing 

in the Western United States

December 2008
Mission Statement 

It is the mission of the Bureau of Land Management (BLM), an agency of the 

Department of the Interior, to manage BLM-administered lands and resources in 

a manner that best serves the needs of the American people. Management is 

based upon the principles of multiple use and sustained yield, taking into account 

the long-term needs of future generations for renewable and nonrenewable 

resources. 

BLM-WO-GI-09-003-1800 

FES – 08-44 

Record of Decision for Geothermal Leasing in the Western US 

December 2008 
ABSTRACT 

This Record of Decision (ROD) approves the US Department of the Interior, Bureau of 

Land Management’s (BLM’s) decision to facilitate geothermal leasing of the federal 

mineral estate in the 12 western states of Alaska, Arizona, California, Colorado, Idaho, 

Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming. This 

decision (1) allocates BLM lands as open to be considered for geothermal leasing or 

closed for geothermal leasing, and identifies those National Forest System lands that are 

legally open or closed to leasing; (2) develops a reasonably foreseeable development 

scenario that indicates a potential for 12,210 megawatts of electrical generating capacity 

from 244 power plants by 2025, plus additional direct uses of geothermal resources; and 

(3) adopts stipulations, best management practices, and procedures for geothermal 

leasing and development. These actions will be implemented as BLM resource 

management plan amendments (Plan Amendments) for 114 land use plans; the decision 

does not amend any US Forest Service land use plans. The proposed action and Plan 

Amendments were evaluated through the preparation of the Final Programmatic 

Environmental Impact Statement for Geothermal Leasing in the Western United States, which 

was prepared jointly by the BLM and US Forest Service in accordance with the National 

Environmental Policy Act (NEPA) of 1969, the Federal Land Policy and Management Act 

of 1976, and the National Forest Management Act of 1976. This ROD does not 

authorize any ground-disturbing activities or waive the environmental review and NEPA 

compliance requirements for subsequent geothermal exploration, drilling, utilization, and 

reclamation permits. 

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Record of Decision for Geothermal Leasing in the Western US 

December 2008 
TABLE OF CONTENTS

Chapter Page 

 

BLM DIRECTOR RECOMMENDATION

ASSISTANT SECRETARY APPROVAL

FOREST SERVICE LETTER OF SUPPORT

1. Record of Decision ........................................................................................................................................ 1-1

1.1 Introduction ...................................................................................................................................... 1-1

1.1.1 Purpose and Need of the Federal Action.................................................................... 1-4

1.1.2 Federal Actions Covered by this ROD ........................................................................ 1-5

1.2 Scope of Analysis and Decisions .................................................................................................. 1-5

1.2.1 Programmatic ROD.......................................................................................................... 1-6

1.2.2 Pending Lease Applications RODs ................................................................................ 1-6

1.3 Overview of the Alternatives ....................................................................................................... 1-7

1.3.1 Alternative A – No Action: Continuation of Current Management...................... 1-7

1.3.2 Alternative B – Proposed Action and Amendments................................................. 1-8

1.3.3 Alternative C – Leasing Lands near Transmission Lines .......................................... 1-9

1.4 The Decision................................................................................................................................... 1-11

1.5 What the Decision to Amend the RMPs Provides................................................................1-12

1.6 Geothermal Leasing Decisions................................................................................................... 1-12

1.7 What the Decision to Amend the RMPs Does not Provide...............................................1-13

1.8 Notice of Modifications Made to the Preferred Alternative...............................................1-14

1.9 Management Considerations in Selecting the Preferred Alternative................................1-15

1.9.1 Policy and Directive........................................................................................................1-15

1.9.2 Balanced Use and Environmental Protection...........................................................1-16

1.9.3 Comments and Recommendations ............................................................................1-17

Record of Decision for Geothermal Leasing in the Western US i 

December 2008 
Table of Contents

 Page

1.10 Consistency and Consultation Review .....................................................................................1-17

1.10.1 Governor’s Consistency Review .................................................................................1-17

1.10.2 Agency Coordination.....................................................................................................1-18

1.10.3 Government-to-Government Consultation.............................................................1-19

1.10.4 National Historic Preservation Act — Section 106 Consultation ......................1-20

1.10.5 Endangered Species Act — Section 7 Compliance.................................................1-20

1.11 Mitigation Measures ......................................................................................................................1-26

1.12 Monitoring .......................................................................................................................................1-26

1.13 Public Involvement.........................................................................................................................1-27

1.13.1 Scoping ..............................................................................................................................1-27

1.13.2 Public Comments on the Draft PEIS..........................................................................1-28

1.13.3 Release of the PEIS.........................................................................................................1-28

1.13.4 Comments on the Final PEIS and Proposed Plan Amendments...........................1-28

1.13.5 Availability of the Record of Decision .......................................................................1-29

2. Resource Management Plan Amendments ............................................................................................... 2-1

2.1 Introduction ...................................................................................................................................... 2-1

2.2 Land Use Allocations ...................................................................................................................... 2-2

2.2.1 Closed Lands...................................................................................................................... 2-2

2.3 Stipulations and BMPs..................................................................................................................... 2-4

2.3.1 Lease Stipulations.............................................................................................................. 2-4

2.3.2 No Surface Occupancy Lease Stipulations.................................................................. 2-5

2.3.3 Timing Limitations and Controlled Surface Use Lease Stipulations ..................... 2-6

2.3.4 Other Lease Stipulations................................................................................................. 2-7

2.4 Management Procedures for Geothermal Leasing .................................................................. 2-9

2.5 Consideration of Other BLM Plans and Policies....................................................................2-12

2.6 Plan Implementation......................................................................................................................2-12

3. References........................................................................................................................................................ 3-1

ii Record of Decision for Geothermal Leasing in the Western US 

December 2008 
Table of Contents

LIST OF TABLES

Table A-1. Resource Management Plan Amendments................................................................................A-1 

LIST OF FIGURES 

Figure 1. BLM Field Office Boundaries within the Planning Area of the 11 Western States..........1-2 

Figure 2. BLM Administrative Boundaries in the Planning Area of Alaska...........................................1-3 

 

LIST OF APPENDICES

Appendix A – Resource Management Plan Amendments for Geothermal Leasing 

Appendix B – Best Management Practices – Mitigation Measures 

Appendix C – Form 3200-24: Offer to Lease and Lease for Geothermal Resources and Form 3203-1: 

Nomination of Lands for Competitive Geothermal Leasing

Record of Decision for Geothermal Leasing in the Western US iii 

December 2008 
LIST OF ACRONYMS 

ACHP – Advisory Council on Historic Preservation 

BLM - United States Department of the Interior, Bureau of Land Management 

BMPs - Best Management Practices 

CFR - Code of Federal Regulations 

CRMP – Cultural Resource Management Plan 

DNA - Documentation of Land Use Plan Conformance and National Environmental Policy Act (NEPA) 

Adequacy 

DOI - Department of the Interior 

EPA – Environmental Protection Agency 

ESA – Endangered Species Act 

FLPMA - Federal Land Policy and Management Act of 1976 (43 United States Code 1701 et seq.) 

FS - United States Department of Agriculture, Forest Service 

GIS - Geographic Information System 

MFP - Management Framework Plan 

NDAA – National Defense Authorization Act 

NEPA - National Environmental Policy Act of 1969 

NFMA - National Forest Management Act of 1976 

NFS - National Forest System 

NHPA - National Historic Preservation Act 

NMFS - National Marine Fisheries Service 

NRHP - National Register of Historic Places 

iv Record of Decision for Geothermal Leasing in the Western US 

December 2008 
List of Acronyms

NSO - No Surface Occupancy 

OSHA - Occupational Safety and Health Administration 

PEIS - Programmatic Environmental Impact Statement 

RMP - Resource Management Plan 

ROD - Record of Decision (for an EIS) 

SHPO – State Historic Preservation Officer 

US - United States 

USC - United States Code 

USFWS - United States Department of Interior, Fish and Wildlife Service 

Record of Decision for Geothermal Leasing in the Western US v 

December 2008 
List of Acronyms

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vi Record of Decision for Geothermal Leasing in the Western US 

December 2008 
CHAPTER 1 

RECORD OF DECISION

1.1 INTRODUCTION

This Record of Decision (ROD) describes the United States (US) Department of 

the Interior (DOI), Bureau of Land Management’s (BLM’s) decision to allocate 

lands as open or closed to geothermal leasing and to adopt stipulations, best 

management practices (BMPs), and procedures for leasing by amending 114 land 

use plans in the 11 western states and Alaska (Appendix A). Figures 1 and 2 

show the BLM field office boundaries of the 11 western states in the planning 

area and Alaska, respectively. The BLM is responsible for leasing geothermal 

resources on the federal mineral estate, including National Forest System (NFS) 

lands. A geothermal lease is for the earth’s heat resource where there is federal 

mineral estate. The BLM currently administers approximately 480 geothermal 

leases that cover over 700,000 acres of the federal mineral estate (fiscal year 

2007 data). Of those, 57 are producing geothermal energy—54 for electrical 

generation (termed indirect use), and 3 for direct use (such as for heating 

buildings, spas, and greenhouses). 

As discussed above, the BLM is proposing to facilitate geothermal leasing of the 

federal mineral estate by allocating lands as open or closed to leasing, developing 

a reasonably foreseeable development scenario, and adopting stipulations, BMPs, 

and procedures for leasing. These actions are implemented as resource 

management plan (RMP) amendments (Plan Amendments). The proposed action 

and Plan Amendments were evaluated through the preparation of the Final 

Programmatic Environmental Impact Statement for Geothermal Leasing in the Western 

United States (BLM 2008a). This Programmatic Environmental Impact Statement 

(PEIS) was prepared jointly by the BLM and United States Forest Service (FS) in 

accordance with the National Environmental Policy Act of 1969 (NEPA), the 

Federal Land Policy and Management Act of 1976 (FLPMA), and the National 

Record of Decision for Geothermal Leasing in the Western US 1-1 

December 2008 
1-2 

C://EMPSi/GeothermalPEIS/Figures 

NO WARRANTY IS MADE BY THE BLM OR FS FOR USE OF THIS DATA FOR PURPOSES NOT INTENDED BY THE BLM OR FS 

BLM Field Office Boundaries 

within the Planning Area of the 

11 Western States 

 Figure 1

About 137 million acres 

of public land are within 

the geothermal potential 

area in the 11 western 

states and are administered by 97 field offices. 

SOURCE: BLM 2008 

LEGEND: 

Record of Decision for Geothermal Leasing in the Western US 

December 2008 
BLM Administrative Bo

Planning 

Almost six million acres of public land in Alaska have geothermal potential. 

C://EMPSi/GeothermalPEIS/Figures NO WARRANTY IS MADE BY THE BLM OR FS FOR USE OF THE DATA FOR PUR

LEGEND: 

Record of Decision for Geothermal Leasing in the Western US 

December 2008 
1. Record of Decision

Forest Management Act (NFMA) of 1976. The BLM has the delegated authority 

to issue geothermal leases on the federal mineral estate, including that 

underlying lands administered by the FS. 

1.1.1 Purpose and Need of the Federal Action 

As identified in the Final PEIS, the purpose of the Federal action is threefold: 

1. To complete the processing of active pending geothermal lease 

applications and nominations by deciding whether, and under what 

stipulations, to issue geothermal leases on NFS and public lands. 

2. To amend BLM land use plans to allocate BLM-administered lands 

with geothermal resource potential as closed, open, or open with 

major or moderate constraints to geothermal leasing. This includes 

establishing a projected new level of potential geothermal 

development with existing planning level decisions (termed 

reasonably foreseeable development scenario), and identifying 

appropriate stipulations, best management practices, and 

procedures to protect other resource values and uses while 

providing sufficient pre-leasing analysis to enable the BLM to make 

future competitive geothermal leasing availability decisions. 

3. To provide suitable information to the FS to facilitate its subsequent 

consent decision to the BLM for leasing on NFS lands, and to 

provide environmental analysis to assist future National Forest 

System land use decisions by providing possible land use allocations 

and stipulations for geothermal leasing. 

As identified in the Final PEIS, the need for the Federal action is also threefold: 

1. To issue decisions on pending lease applications in accordance with 

the Energy Policy Act of 2005. Specifically, Section 225 requires that 

the Secretary of the Interior and Secretary of Agriculture establish a 

program for reducing by 90 percent the backlog of geothermal lease 

applications that were pending as of January 1, 2005. The Energy 

Policy Act of 2005 mandates that action be taken by August 8, 2010. 

2. To address other provisions of the Energy Policy Act of 2005 

(Sections 211 and 222[d][1]); respond to other policy directives 

calling for clean and renewable energy (see Section 1.8 of the PEIS, 

Renewable Energy Policies); and to meet the increasing energy 

demands of the nation while reducing reliance on foreign energy 

imports, reducing greenhouse gas emissions, and improving national 

security. 

3. To facilitate geothermal resource leasing in an environmentally 

responsible manner to help meet the increasing interest in 

1-4 Record of Decision for Geothermal Leasing in the Western US 

December 2008 
1. Record of Decision

geothermal energy development on public and NFS lands in the 

western US (Energy Policy Act Section 211). 

Based on the stated purpose of and need for action, two scopes of analysis were 

addressed in the PEIS: the programmatic analysis to facilitate leasing (Purpose 

and Need statements (2) and (3), which are covered by this ROD); and the sitespecific analysis of the backlogged lease application areas (Purpose and Need 

statements (1), which are not covered by this ROD). See Section 1.2, Scope of 

Analysis and Decisions, for more information. 

1.1.2 Federal Actions Covered by this ROD 

This ROD incorporates the programmatic analysis of the PEIS and provides the 

decision to amend 114 BLM land use plans to take the following actions: 

• Identify public lands that are administratively and legally closed or open 

to leasing, and under what conditions. 

• Develop a comprehensive list of stipulations, BMPs, and procedures to 

serve as consistent guidance for future geothermal leasing and 

development on public and NFS lands. 

• Provide a reasonably foreseeable development scenario for geothermal 

development on Federal lands. 

• Amend BLM land use plans to adopt the resource allocations, reasonably 

foreseeable development scenario, stipulations, BMPs, and procedures. 

Additionally, the ROD identifies public and NFS lands with geothermal potential 

as being legally open or closed to leasing (see Figures 2-5 and 2-6 in Chapter 2 

of the Final PEIS). The decision does not amend any FS land use plans. 

1.2 SCOPE OF ANALYSIS AND DECISIONS

Section 225 of the Energy Policy Act of 2005 requires that the US Department 

of the Interior and the FS reduce the backlog of geothermal lease applications 

pending as of January 1, 2005, by 90 percent (by August 8, 2010). Section 222(d) 

dictates that it be a priority for the BLM and the FS to ensure timely completion 

of actions such as amendments to land use plans necessary to process lease 

applications pending on August 8, 2005, and that all future forest plans and 

RMPs in areas of geothermal resource potential consider geothermal leasing and 

development. To respond to these directives and the stated need for action, the 

PEIS incorporated two different scopes for analysis. The first scope covered the 

programmatic analysis to allocate lands as open or closed for leasing and 

development of geothermal resources and to apply stipulations (Volume I of the 

PEIS). The second scope covered the site-specific analysis of 19 backlogged lease 

applications that are grouped and analyzed in seven distinct geographic areas 

Record of Decision for Geothermal Leasing in the Western US 1-5 

December 2008 
1. Record of Decision

(Volume II of the PEIS). Separate decisions will be issued for each scope, as 

discussed below. 

1.2.1 Programmatic ROD 

This ROD incorporates the programmatic analysis of the PEIS and amends BLM 

land use plans. As such, it allows the BLM to make future decisions on whether 

or not to issue geothermal leases in conformance with the amended land use 

plan on the basis of the analysis in the PEIS. It is the intent of the BLM that, upon 

receipt of future nominations or applications for leases, affected BLM offices 

would be able to conduct a Documentation of Land Use Plan Conformance and 

National NEPA Adequacy (DNA) evaluation to make lease sale decisions 

without further plan amendments or NEPA analysis, unless new information or 

special circumstances require additional environmental evaluation. Prior to 

issuing leases, the BLM and FS would conduct additional environmental reviews, 

as appropriate, to comply with other laws, including but not limited to the 

Endangered Species Act (ESA) and the National Historic Preservation Act 

(NHPA). In addition, prior to making a leasing decision on lands in proximity to 

a National Park System unit, the BLM or other surface management agency must 

determine if there would be any impacts to thermal or hydrological features 

within the unit, in accordance with the Geothermal Steam Act Amendments (30 

USC Section 1026). 

The FS is not proposing to amend its land use plans or allocate any lands as 

administratively closed; therefore, the FS does not have a decision to issue on 

the programmatic analysis. 

1.2.2 Pending Lease Applications RODs 

As of January 1, 2005, there were 194 pending lease applications; 130 on BLM 

public lands and 64 on NFS lands. Since January 1, 2005 the BLM and FS have 

processed or resolved many of the lease applications. In June 2007 there were 

55 remaining pending leases. This list was vetted as part of the PEIS process 

which identified 34 leases as still pending. Of those, 15 are being actively being 

addressed (see Table 10-2, Volume II of the Final PEIS). The remaining 19 lease 

applications, grouped together in seven geographic areas, were evaluated in 

Volume II of the PEIS. The BLM and FS will issue separate decisions for each of 

the seven areas associated with the pending lease applications. This requires 

execution of RODs separate from the programmatic action. The decision maker 

for the pending application areas will be the field office manager or forest 

supervisor. In some cases, one ROD will cover multiple lease applications (e.g., 

one decision for each of the seven geographical clusters with leasing 

applications). The decisions will be issued independently as issues are addressed 

and other compliance actions are completed (e.g., tribal consultation). 

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1. Record of Decision

1.3 OVERVIEW OF THE ALTERNATIVES

The project area is defined as the 12 western states of Alaska, Arizona,

California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, 

Washington, and Wyoming. The planning area is defined as the 530 million acres 

within the 12 western states that have the potential for geothermal resources. 

The planning area includes BLM- and FS-administered surface lands with 

minerals under federal ownership that have geothermal potential and the 

subsurface federal geothermal mineral estate on other lands (termed splitestate). The BLM administers about 143 million surface acres of public land, and 

the FS administers about 104 million acres of NFS lands. Surface lands 

administered by other federal agencies, such as the National Park Service and 

US DOI, Fish and Wildlife Service (USFWS), and by state agencies are not 

assessed in this document unless their administrative boundaries overlap with 

BLM- or FS-administered lands. If these lands have subsurface federal 

geothermal mineral estate, the BLM would apply the management direction 

provided in the PEIS, with the surface management agency’s consent, for lease 

nominations or applications. Lands that are not administered by the BLM or FS, 

or that are closed to geothermal leasing by statute, are not part of the analysis, 

including National Park System lands. 

Leasing geothermal resources by the BLM vests with the lessee a nonexclusive 

right to future exploration and an exclusive right to produce and use the 

geothermal resources within the lease area subject to existing laws, regulations, 

formal orders, and the terms, conditions, and stipulations in or attached to the 

lease form or included as conditions of approval in permits. Lease issuance alone 

does not authorize any ground-disturbing activities to explore for or develop 

geothermal resources without site-specific approval for the intended operation. 

Such approval could include additional environmental reviews and permits, as 

appropriate. 

1.3.1 Alternative A – No Action: Continuation of Current Management 

Under this alternative, no BLM land use plans would be amended and the 

existing plan decisions, stipulations, and allocations would not change. Therefore, 

any plans that do not address geothermal leasing would not be amended, and the 

public and NFS lands would not be allocated as open or closed to geothermal 

leasing. 

Processing of pending geothermal lease applications would continue; however, 

they would be evaluated on a case-by-case basis using analysis in the existing 

land use plans. Likewise, future lands nominated for leasing would be evaluated 

using analysis in existing land use plans. This could require additional NEPA 

analysis and possibly amendments to the plans. 

Record of Decision for Geothermal Leasing in the Western US 1-7 

December 2008 
1. Record of Decision

Rationale for Non-Selection: Taking no action would not facilitate the leasing 

process and does not meet the stated purpose and need. 

1.3.2 Alternative B – Proposed Action and Amendments 

Alternative B was identified as the Proposed Action in the Draft PEIS. As a result 

of public comment, internal review, and agency coordination, Alternative B was 

clarified and slightly modified to become the preferred alternative and proposed 

plan amendments in the Final PEIS. With the minor adjustments and clarifications 

described in Section 1.8 of this ROD, Alternative B has been selected as the 

approved plan amendments (see Chapter 2 and Appendix A of the ROD). 

Under Alternative B, 122 land use plans were originally proposed to be amended 

to allocate approximately 118 million acres of BLM public land as open to 

geothermal leasing, subject to existing laws, regulations, formal orders, 

stipulations attached to the lease form, and the terms and conditions of the 

standard lease form. Based on public comment and internal review of the Final 

PEIS, the proposal in Alternative B has been slightly modified. Under this ROD 

approving the Plan Amendments, 114 land use plans are amended to designate 

about 111 million acres of BLM public land as available for nominations and 

applications for geothermal leasing, and to adopt stipulations, BMPs, and 

procedures to serve as consistent guidance for future geothermal leasing and 

development (see Section 1.8, Notice of Modifications Made to the Preferred 

Alternative). Split-estate lands under the amended plans would also be available 

for leasing. In addition, about 79 million acres of NFS lands would remain legally 

open for leasing. 

While these lands are allocated as open, compliance with laws and regulations 

could nevertheless prohibit some lands from leasing. For example, if the BLM or 

FS determines that subsequent exploration, development, or utilization of 

nominated lands would likely result in a significant adverse effect on a significant 

thermal feature within a unit of the National Park System, the lease would not 

be issued pursuant to the Geothermal Steam Act Amendments of 1988 (30 USC 

Section 1026[c]). 

The closed BLM lands include those that are legally closed (e.g., nondiscretionary closures) and those that are administratively unavailable to leasing 

(e.g., discretionary decision by the BLM). A comprehensive list of closed lands is 

provided in Chapter 2. 

On the open lands, the authorized BLM officer retains the discretion as to 

whether a lease should be issued and may issue stipulations that impose 

moderate to major constraints on use of surface of any leases in order to 

mitigate the impacts to other land uses or resources objectives as defined in the 

guiding resource management plan. The specific stipulations are included in 

Section 2.3, Stipulations and BMPs. 

1-8 Record of Decision for Geothermal Leasing in the Western US 

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1. Record of Decision

Reasonably Foreseeable Development Scenario 

Projected Power Plant Development (Indirect Use)

It is estimated that the 12 states in the project area have 5,540 MW of 

geothermal potential considered viable for commercial development by 2015, 

with a further 6,660 to 6,670 MW being forecast by 2025. This capacity is 

expected to be realized through approximately 111 additional power plants by 

2015, and a further 133 power plants by 2025. Using these values, it is estimated 

that the average viable capacity at any particular site is 50 MW by 2025 

(Western Governors’ Association 2006). This projection is in addition to 

existing and plan capacity for the given locations. 

Direct Use

Direct uses include agricultural uses (controlling environmental conditions for 

growing crops, flowers, or trees), aquacultural uses (controlling environmental 

conditions for raising fish or other animals), direct heating and cooling systems, 

public safety uses (eliminating ice and snow on sidewalks), food processing 

(dehydration, washing, and processing), and recreational uses (hot tubs, steam 

baths, and mud baths). Direct use applications are distributed across the project 

area, with the greatest number being in California, Idaho, Oregon, and Colorado. 

Quantitative estimates of the thermal energy of likely-to-be-developed direct 

use applications over the 2015 to 2025 timeframe are not available for the 

western US in the way that they are for indirect uses; however, for the US as a 

whole, the DOE National Renewable Energy Laboratory has developed 

estimates of thermal megawatts that are developable. It is estimated that by 

2015, direct use applications could be developed in the amount of 1,600 thermal 

megawatts, and by 2025, this number is estimated to be 4,200 thermal 

megawatts (NREL 2006). 

Rationale for Selection: Alternative B was selected as the proposed plan 

amendment based on: (1) its consistency with the requirements of the Energy 

Policy Act of 2005, (2) its balanced use and protection of resources, (3) the Final 

PEIS’s analysis of potential environmental impacts, and (4) the comments and 

recommendations from agencies, states, stakeholders, and the public. Alternative 

B is structured to be consistent with the congressional mandate of the Energy 

Policy Act to facilitate geothermal leasing by amending land use plans to allocate 

geothermal resources and adopt stipulations and procedures for leasing. 

1.3.3 Alternative C – Leasing Lands near Transmission Lines 

Under Alternative C, the BLM and FS would only consider geothermal leasing of 

lands for commercial electrical generation if they are within a 20-mile corridor 

(10-mile from centerline) from existing transmission lines and lines currently 

under development at 60kV to 500kV. All lands within this corridor would be 

designated as closed or open with moderate to major constraints to leasing 

using the criteria outlined for Alternative B - Proposed Action. Under this 

Record of Decision for Geothermal Leasing in the Western US 1-9 

December 2008 
1. Record of Decision

alternative, Island Park Geothermal Area would also be closed (as with 

Alternative B); however, the area would be expanded to include no leasing within 

15 miles from the boundary of Yellowstone National Park. Given the limited 

transmission line grid and demand for localized power sources for remote 

communities, the lands available for geothermal leasing in Alaska would be the 

same as for Alternative B - Proposed Action. Leases for direct use would be 

considered for the entire planning area and would not be constrained by the 

location of transmission lines. Therefore, direct-use leasing would be the same as 

Alternative B. 

Under this alternative, approximately 61 million acres of BLM-administered 

public land and 31 million acres of NFS lands would be open for geothermal 

leasing for commercial electrical generation. 

Due to the limited locations of transmission lines, this alternative would increase 

the amount of land that would be unavailable for geothermal leasing within the 

planning area; specifically, about 80 million acres of public land and 75 million 

acres of NFS lands would be closed. Other lands outside the corridor would not 

be allocated by this action as either open or closed to leasing. Any geothermal 

lease applications or nominations would have to be evaluated on a case-by-case 

basis as described under the No Action Alternative and would be subject to the 

limitations of existing land use plans. This alternative was developed in response 

to written and verbal recommendations during public scoping. 

Rationale for Non-Selection: Alternative C was not selected for the following 

reasons: (1) Alternative C would allocate about 61 million acres of BLMadministered lands as open to leasing, which is about 57 million acres less than 

Alternative B. While it is not possible to quantify the precise corresponding 

reduction in producible megawatts of electrical power generation due to 

subsurface considerations in the location of geothermal resources, limiting 

development to narrow corridors of available lands would significantly reduce 

the ability of the BLM to meet the stated purpose and need for facilitating 

geothermal leasing and alternative energy development on public lands; and (2) 

it was determined that the proposed 15-mile buffer around Yellowstone 

National Park would not be the most effective or necessary means (as a matter 

of science and engineering) to protect the subsurface hydrogeology of the 

region. The BLM worked closely with the National Park Service between the 

Draft and Final PEIS to clarify and expand the discussion of procedures to jointly 

ensure the continued protection of significant thermal features on National Park 

System lands. 

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1.4 THE DECISION

Preparation of the Plan Amendments was done under the authority of the 

FLPMA and in accordance with BLM planning regulations (43 CFR Part 1600). 

The Plan Amendments are consistent with the requirements of the Geothermal 

Steam Act and the Energy Policy Act of 2005 and provide a balanced use and 

protection of resources. A PEIS was prepared to analyze and provide support for 

the approval of these Plan Amendments in compliance with NEPA. 

The Plan Amendments in this ROD are identical to the Proposed Plan 

Amendments presented in the PEIS with the following three exceptions: 

1. Removal of the East San Diego County RMP from the list of plans for 

amendment. On October 2008, a ROD was signed revising this plan. The 

revision provided allocations and management direction for geothermal 

leasing and therefore does not require amendment. 

2. Addition of BMPs to address groundwater quality in response to the 

Environmental Protection Agency’s (EPA’s) comments on the Final PEIS (see 

ROD Appendix B). 

3. The BLM is deferring the decision to amend seven land use plans in 

accordance with the provisions of the National Defense Authorization Act 

(NDAA § 2815 [a and d], 113 Stat. 512, 852 [1999]). These plans are the Box 

Elder RMP, House Range Resource Area RMP, Iso-tract Management 

Framework Plan (MFP), Park City RMP, Pony Express RMP, Randolph RMP, 

and Warm Springs Resource Area RMP. The NDAA provided in § 2815(d) 

that the Secretary of the Interior may not proceed with any amendment of 

any individual resource management plan adjacent to or near the Utah Test 

and Training Range and Dugway Proving Grounds or beneath Military 

Operating Areas, Restricted Areas, and airspace that make up the Utah Test 

and Training Range until the Secretary of Defense submits a study to 

Congress evaluating the impact of any proposed changes to land 

management plans upon military training, testing, and operational readiness. 

As of the date of this ROD, the Secretary of Defense has not submitted the 

required study; therefore, the plans are not available for amendment. Once 

the report is submitted, the BLM will reevaluate the decision to amend 

these plans. 

Based on these changes, the decision is to amend 114 BLM land use plans to 

adopt the allocations, reasonably foreseeable development scenario, stipulations, 

BMPs, and leasing procedures provided in Appendix B – Proposed Action in the 

PEIS and as attached in Chapter 2 and Appendix A of this ROD. 

Record of Decision for Geothermal Leasing in the Western US 1-11 

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1.5 WHAT THE DECISION TO AMEND THE RMPS PROVIDES

The decision serves as the first step in the process to develop geothermal 

resources to meet the intent of the Energy Policy Act of 2005. The Plan 

Amendments allocate BLM-administered lands with geothermal resource 

potential as closed or open to geothermal leasing, establish a projected new 

level of potential geothermal development (termed reasonably foreseeable 

development scenario), and identify appropriate stipulations, best management 

practices, and procedures to protect other resource values and uses while 

providing sufficient pre-leasing analysis to enable the BLM to make future 

competitive geothermal leasing availability decisions. 

Based on the Plan Amendments, the BLM can make decisions whether or not to 

issue geothermal leases in conformance with the amended land use plan on the 

basis of this PEIS. Following this amendment process, it is the intent of the BLM 

that, upon receipt of future nominations or applications for direct use, affected 

BLM offices would be able to conduct a DNA evaluation (Documentation of 

Land Use Plan Conformance and National NEPA Adequacy) to make lease sale 

decisions without further plan amendments or NEPA analysis, unless new 

information or special circumstances require additional environmental 

evaluation. Prior to issuing leases, the BLM and FS would conduct additional 

environmental reviews, as appropriate, to comply with other laws, including but 

not limited to the Endangered Species Act and National Historic Preservation 

Act. 

Although the BLM expects to be able to rely upon the analysis in the PEIS, 

combined with DNA evaluations to document NEPA adequacy, to make lease 

issuance decisions in the near term, the issuance of a lease does not give the 

lessee the right to proceed with exploration or development (i.e., any surfacedisturbing activities beyond casual use) in the absence of further site-specific 

permits and associated environmental review. This document does predict a 

general level of anticipated future geothermal development in BLM areas that 

have geothermal potential, but it is not intended to provide full analysis of all 

phases of development. There are several stages of decision making necessary to 

approve geothermal resource development, each with its own environmental 

compliance requirements, and this document covers only the land use planning 

and lease issuance stages. 

1.6 GEOTHERMAL LEASING DECISIONS

The decision incorporates the following actions and is subject to existing 

Federal, State, and local laws and regulations, as well as established BLM policies. 

These actions are detailed in Chapter 2. 

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• Identifies about 143 million acres of BLM-administered public lands as 

having geothermal resources with potential for indirect or direct 

applications. 

• Designates about 111 million acres BLM-administered public lands with 

geothermal potential as open to geothermal leasing subject to existing 

laws, regulations, formal orders, stipulations attached to the lease form, 

and the terms and conditions of the standard lease form. While these 

lands are allocated as open, compliance with laws and regulations or the 

exercise of BLM discretion in response to site-specific considerations 

could nevertheless prevent some lands from being leased. 

• Establishes a reasonably foreseeable development scenario for 

geothermal development based on BLM planning areas. 

• Adopts a comprehensive list of stipulations and procedures to serve as 

consistent guidance for future geothermal leasing on BLM-administered 

public lands, NFS lands, and other lands within the federal mineral estate. 

• Provides a list of recommended BMPs that may be applied for 

subsequent exploration, drilling, development, and reclamation activities. 

Specifically, the BMPs can be incorporated, as appropriate, into the 

permit application by the lessee or can be included in the approved use 

authorization by the BLM as conditions of approval. 

• Recognizes that prior to making a leasing decision on lands in proximity 

to a National Park System unit, the BLM or other surface management 

agency must determine if there would be any impacts to thermal or 

hydrological features within the unit, in accordance with the 

Geothermal Steam Act Amendments (30 USC Section 1026). 

1.7 WHAT THE DECISION TO AMEND THE RMPS DOES NOT PROVIDE

• The Plan Amendments do not authorize the leasing of any of the 19 

pending lease applications evaluated as part of the PEIS (see Volume II of 

the Final PEIS). Separate RODs will be issued for these lease applications. 

• The Plan Amendments do not authorize any ground-disturbing activities 

or waive the environmental review and NEPA compliance requirements 

for subsequent geothermal lease issuance or exploration, drilling, 

utilization, and reclamation permits. 

• The Plan Amendments do not contain decisions for minerals other than 

geothermal resources for the 114 plans indentified in Appendix A. 

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• The Plan Amendments do not authorize leasing on federal lands that are 

legally closed to geothermal leasing, including lands managed as part of 

the National Wildlife Refuge System (16 USC 668 [dd]) and lands within 

units of the National Park System. 

• The Plan Amendments do not amend the plans of the FS or any other 

agency. 

• The Plan Amendments do not affect valid existing rights. 

• The decisions contained herein also will not: 

o Change the BLM’s responsibility to comply with applicable laws, 

rules, and regulations. 

o Change BLM’s obligation to conform to current or future 

National policy, as established by BLM itself, the Department, the 

President, or Congress. 

o Affect funding levels and budget allocations, which are 

determined annually at the national level and are beyond the 

control of the field office. 

1.8 NOTICE OF MODIFICATIONS MADE TO THE PREFERRED ALTERNATIVE

After careful review of the information provided during the Governor’s 

Consistency Review, continued internal review, and comments from the EPA, the 

BLM has incorporated the following modifications and clarifications to the BLM’s 

preferred alternative: 

Modification: Remove the Eastern San Diego County RMP from the listed plans 

for amendment. Rationale: The BLM issued a ROD for the Eastern San Diego 

RMP on October 2008. This ROD revised the previous plan that was proposed 

for amendment in the PEIS. The revised plan provides detailed allocations and 

management actions for geothermal resources; therefore, the plan does not 

require amendment. 

Modification: Defer amending the following plans: Box Elder RMP, House Range 

Resource Area RMP, Iso-tract MFP, Park City RMP, Pony Express RMP, Randolph 

RMP, and Warm Springs Resource Area RMP. Rationale: On October 5, 1999, 

Congress enacted Section 2815 of the NDAA, which affected Utah’s public lands 

“adjacent or near to the Utah Test and Training Range and Dugway Proving 

Grounds or beneath Military Operating Areas, Restricted Areas, and airspace 

that make up the Utah Test and Training Range.” NDAA § 2815(a), 113 Stat. 512, 

852 (1999). The NDAA provided in § 2815(d) that “the Secretary of Interior may 

not proceed with any amendment of any individual resource management plan” 

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until the Secretary of Defense submits a study to Congress evaluating the impact 

of any proposed changes to land management plans upon military training, 

testing, and operational readiness (NDAA § 2815[d], 113 Stat. 512, 852 [1999]). 

As of the date of this ROD, the Secretary of Defense has not submitted the 

required study; therefore, the plans are not available for amendment. Once the 

report is submitted, the BLM will reevaluate the decision to amend these plans. 

Modification: Add additional BMPs that may be applied to subsequent permits 

for all phases of geophysical exploration and development in order to protect 

surface and groundwater. Rationale: While the PEIS only evaluates the action of 

leasing lands, it is presumed that development could occur in the future. A 

comprehensive list of BMPs will facilitate future development and ensure a 

consistency in resource protection. 

Clarification: Add Valles Caldera National Preserve to the list of areas legally 

closed to geothermal development. Rationale: By statute, the FS is required to 

acquire outstanding mineral rights within the Preserve and withdraw them from 

mineral entry. The Preserve was noted as being closed in the Final PEIS, but the 

Preserve is added to the list of closed areas in the ROD to address comments 

from the State of New Mexico. 

1.9 MANAGEMENT CONSIDERATIONS IN SELECTING THE PREFERRED ALTERNATIVE

The preferred alternative has been selected on the basis of the following factors: 

consistency with federal legal requirements, policy, and directive, the stated 

purpose and need (see Chapter 1 of the PEIS), a balanced use and protection of 

resources based on the analysis of potential environmental impacts as presented 

in the Final PEIS, and consideration of formal comments and recommendations 

from agencies and the public. 

1.9.1 Policy and Directive 

On May 18, 2001, the President signed Executive Order 13212, Actions to 

Expedite Energy-Related Projects, which states that, “the increased production and 

transmission of energy in a safe and environmentally sound manner is essential.” 

Executive departments and agencies are directed to “take appropriate actions, to 

the extent consistent with applicable law, to expedite projects that will increase 

the production, transmission, or conservation of energy.” Executive Order 13212 

further states that, “For energy-related projects, agencies shall expedite their 

review of permits or take other actions as necessary to accelerate the 

completion of such projects, while maintaining safety, public health, and 

environmental protections. The agencies shall take such actions to the extent 

permitted by law and regulation and where appropriate.” The BLM recognizes 

the importance of energy development as directed in the above Executive 

Order, as well as stewardship and proper management of all of the Nation’s 

resources as a matter of positive domestic policy and national security. 

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The Energy Policy Act of 2005 amended the Geothermal Steam Act to 

encourage the leasing and development of geothermal resources on Federal 

lands. Specifically, Section 211 of the Energy Policy Act of 2005 provides a tenyear goal for the Secretary of the Interior to seek approval of non-hydropower 

renewable energy projects located on the public lands with a generation capacity 

of at least 10,000 megawatts of electricity, including electricity from geothermal 

resources. Section 223 gives the Secretary of the Interior authority to identify 

areas that could be leased exclusively for direct use of geothermal resources. 

Section 222(d)(1) of the Energy Policy Act of 2005 states that, “It shall be a 

priority for the Secretary to ensure timely completion of administrative actions, 

including amendments to applicable forest plans and RMPs, necessary to process 

applications for geothermal leasing pending on the date of enactment of this 

subsection.” This section also contains the requirement that, “All future forest 

plans and RMPs for areas with high geothermal resource potential shall consider 

geothermal leasing and development.” 

The Geothermal PEIS and the amendment of multiple land use plans to adopt 

the leasing program will effectively support the directives of Executive Order 

13212 and congressional policy provided in the Energy Policy Act of 2005 

regarding geothermal energy development on public lands. 

In accordance with the Energy Policy Act, the BLM and FS will make geothermal 

leasing decisions on pending lease applications submitted prior to January 1, 

2005; however, decisions to approve pending lease applications are identified 

under separate RODs. 

1.9.2 Balanced Use and Environmental Protection 

The BLM considered whether the Plan Amendment would improve and sustain 

properly functioning resource conditions, while considering the need and 

demand for existing or potential geothermal resources for direct and indirect 

use. Consideration was given to whether there was an appropriate balance of 

resource use to meet resource, social, and economic concerns in the planning 

area. The proposed leasing process and stipulations are designed to protect 

sensitive resources and resource uses. The amendment of the land use plans 

does not authorize any ground-disturbing activities, and there are no direct 

irreversible or irretrievable commitments of resources. Permits are required for 

any drilling or utilization of geothermal resources, subsequent to leasing. During 

the permitting process, site-specific environmental review will be carried out and 

the environmental consequences to specific resource values and uses within the 

areas and any alternative actions will be analyzed. 

The BLM has considered the wealth of information on the full range of 

consequences resulting from geothermal leasing and potential subsequent 

development activities. The BLM used comparable data and the BLM’s 

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professional experience managing development of geothermal resources to 

determine that the BLM had sufficient information on the nature of the effects 

for an allocation decision to be made. The analysis of potential impacts 

associated with geothermal development is described in Chapters 4 and 5 of the 

PEIS. 

1.9.3 Comments and Recommendations 

The BLM received approximately 500 discrete comments on the Draft PEIS. 

Most comments favored geothermal energy development if carried out in an 

environmentally responsible manner. The BLM considered the concerns 

expressed by the states, tribal and local governments, industry, special interest 

groups, and the public throughout the process. Consideration was given as to 

whether the BLM action would jeopardize other resources found on public 

lands. During this process, the BLM coordinated closely with federal agencies, 

including the US Geological Survey, Department of Energy, National Park 

Service, and EPA, in addition to tribes, the states, and others with special 

expertise. 

In addition, all comments received during the comment period on the Draft PEIS 

were reviewed and considered. Modifications to the Draft PEIS were made, as 

appropriate, to form the Final PEIS and Plan Amendments. 

Future site-specific geothermal development activities in the planning area are 

implementation-level decisions. Upon receipt of an application for these types of 

projects, the BLM would require a site-specific environmental analysis before 

ground-disturbing actions could be approved. Specific impacts of such actions 

would be analyzed at that time, along with the identification of possible 

mitigation measures. Site-specific environmental analysis would include the 

opportunity for additional public participation and coordination with county and 

state land and resource managers. Proposed site-specific activities would also be 

required to comply with other laws and regulations, including but not limited to 

the ESA and the NHPA. 

1.10 CONSISTENCY AND CONSULTATION REVIEW

1.10.1 Governor’s Consistency Review 

On October 14, 2008, the BLM initiated the 60-day Governor’s Consistency 

Review of the PEIS in accordance with FLPMA (43 USC §1712(c)(9)), which 

states that the Secretary of the Interior shall “coordinate the land-use inventory, 

planning, and management activities of or for such lands with the land-use 

planning and management programs of other Federal departments and agencies 

and of the States and local governments within which the lands are located.” It 

further states that “the Secretary shall assure that consideration is given to 

those State, local and tribal plans that are germane in the development of landRecord of Decision for Geothermal Leasing in the Western US 1-17 

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use plans for public lands [and] assist in resolving, to the extent practical, 

inconsistencies between Federal and non-federal government plans....” Thus, 

FLPMA does not require the BLM to adhere to or adopt the plans of other 

agencies or jurisdictional entities, but rather to give consideration to this plan 

and make an effort to resolve inconsistencies to the extent practical. In the 

event that State plans conflict with Federal law, however, there may be an 

inconsistency that cannot be resolved or reconciled. While State and Federal 

planning processes are required to be as integrated and consistent as practical, 

the Federal agency planning process is not bound by or subject to State plans, 

planning processes, or planning stipulations. 

The State of Alaska provided a letter finding that the preferred alternative and 

plan amendments are consistent with state interests, plans, policies, and 

programs. The States of New Mexico and Utah provided comments and 

recommended changes to the preferred alternative and plan amendments. The 

BLM responded to and resolved these questions and has incorporated relevant 

and appropriate comments to improve the proposed plan amendments (see 

Section 1.8 Notice of Modifications Made to the Preferred Alternative). Based on 

the BLM’s review, no inconsistencies concerning other State or local plans, 

policies, and programs have been identified. 

1.10.2 Agency Coordination 

The PEIS was prepared in close coordination with several federal agencies 

regarding the purpose and need for the proposed action and the scope of the 

analysis. The US Department of Agriculture, Forest Service served as a joint-lead 

federal agency to help address geothermal leasing on NFS lands. The US 

Department of Energy participated on the project core team and provided 

technical expertise on geothermal development and potential. The US Geological 

Survey worked closely with the core team to provide technical guidance in 

defining areas of geothermal development potential for electrical generation. The 

BLM coordinated closely with the EPA regarding air quality, noise, cultural 

resources, wetlands, water resources, and other natural resources (see Section 

1.12 of this ROD for more information on EPA comments on the PEIS). The 

BLM worked closely with the National Park Service to protect resources in and 

around National Park System lands. Prior to making a leasing decision on lands 

in proximity to a National Park System unit, the BLM or other surface 

management agency must determine if there would be any impacts to thermal 

or hydrological features within the unit, in accordance with the Geothermal 

Steam Act Amendments (30 USC Section 1026) 

The BLM solicited input from the State Historic Preservation Offices (SHPOs) 

and the Advisory Council on Historic Preservation (ACHP) in accordance with 

the NHPA. The PEIS indentifies a phased consultation process related to historic, 

traditional, and cultural resources. 

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Dialogues were initiated with key state agencies involved in the promotion, 

analysis, and permitting of geothermal development projects, including state 

geological surveys, state energy offices, and state energy regulatory bodies. The 

BLM will continue to cooperate with State, local, and tribal governments to 

promote consistency with their land use plans. 

1.10.3 Government-to-Government Consultation 

The BLM worked directly with tribal governments on a government-togovernment basis. The Federal/tribal government-to-government relationship 

was reaffirmed by the Federal government on May 14,1998, with Executive 

Order 13084, and strengthened on November 6, 2000, with Executive Order 

13175 (US President 1998, 2000). 

The BLM coordinates and consults with tribal governments, Native communities, 

and individual members of tribes whose interests might be directly and 

substantially affected by activities on public lands. It strives to provide the tribal 

entities sufficient opportunities for productive participation in BLM planning and 

resource management decision making. In addition, Section 106 of the NHPA 

requires Federal agencies to consult with Indian tribes for undertakings on tribal 

lands and for historic properties of significance to the tribes that may be affected 

by an undertaking (36 CFR 800.2 (c)(2)). BLM Manual 8120 (BLM 2004a) and 

Handbook H-8120-1 (BLM 2004b) provide guidance for Native American 

consultations. 

The BLM developed a process to offer specific consultation opportunities to 

“directly and substantially affected” tribal governments, as required under the 

provisions of Executive Order 13175, and to Indian tribes as defined under 

36 CFR 800.2(c)(2). Letters were mailed in September 2007 to each tribal 

executive official of over 400 tribes and pueblos in the western US and Alaska 

from the Deputy Director of the BLM and Deputy Chief of National Forest 

Systems of the FS (see Table 6-1 in the Final PEIS). The letters documented the 

PEIS process and detailed the pending lease applications that are being assessed 

in the PEIS, and invited tribal governments to participate in the consultation 

process. Seven tribes provided a response letter. One letter noted that no lease 

applications were in their area of interest, four letters requested consultation if 

any lease applications would fall in their areas of interest, and two letters 

requested consultation and to help participate in the PEIS process. 

The Draft PEIS was sent to over 400 tribes and pueblos in the western US and 

Alaska. Follow-up contacts were made with the two tribes that had requested 

consultation on the PEIS. Of these, one tribe was not interested in direct 

government-to-government consultation at this time; one tribe is still 

considering requesting a meeting but has not provided any comments on the 

PEIS or plan amendments. 

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1.10.4 National Historic Preservation Act — Section 106 Consultation 

As stated under agency coordination above, the BLM solicited input from the 

SHPOs and the ACHP in accordance with the NHPA. The PEIS identifies a 

phased consultation process related to historic, traditional, and cultural 

resources. 

The BLM and FS will continue to work with the ACHP and the SHPOs in all 12 

western states to address future development that may affect historic properties 

on public lands. Each phase of leasing and development will require an 

appropriate level of Section 106 analysis. Under the PEIS, the BLM is analyzing an 

allocation decision, the amendment of land use plans to designate certain public 

lands as open for application for future geothermal leasing. Geothermal 

development on these lands would require subsequent 106 consultation and 

analysis of historic resources. 

1.10.5 Endangered Species Act — Section 7 Compliance 

Section 7 of the ESA directs each Federal agency, in consultation with the 

Secretary of the Interior and the Secretary of Commerce, as appropriate, to 

ensure that any action authorized, funded, or carried out by the agency is not 

likely to jeopardize the continued existence of any listed threatened or 

endangered species or result in the destruction or adverse modification of 

critical habitat1. 

Under Section 7 of the ESA, those agencies that authorize, fund, or carry out a 

Federal action are commonly known as “action agencies.” If an action agency 

determines that its Federal action “may affect” listed species or critical habitat, it 

must consult with the USFWS of the DOI or the National Marine Fisheries 

Service (NMFS) of the Department of Commerce (collectively known as the 

“Services”) or both, whichever has jurisdiction over the species or habitat that 

may be affected2. 

If an action agency determines that the Federal action will not cause any effects 

on listed species or critical habitat, the action agency does not initiate 

consultation with the Services, and its obligations under Section 7 are complete. 

In order to make this determination, an action agency must consider the effects 

of the action at issue. Regulations implementing NEPA and the ESA each use the 

terms “direct effect,” “indirect effect,” and “cumulative effect,” but the definitions 

of these terms are not identical under the statutes. Regulations at 40 CFR 

1508.8 and 50 CFR 402.02 highlight these differences. Under NEPA, and as 

 

1

 See ESA § 7; 16 USC 1536. The standard for determining when Federal agencies must consult under the ESA is different 

from the standard for determining when Federal agencies must prepare an environmental impact statement under NEPA. 

2

 See 50 CFR 402.02, 402.13-14. 

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demonstrated in the PEIS, an agency will examine the direct, indirect, and 

cumulative impacts of a proposed action. Indirect effects are those caused by the 

action, later in time, and reasonably foreseeable. Under the ESA, however, the 

effects of an action are evaluated by a stricter standard. Regulations 

implementing the ESA define the term “effects of an action” at 50 CFR 402.02 to 

include direct and indirect effects (and the effects of interrelated or 

interdependent activities), but limit indirect effects to those that are caused by 

the action, later in time, and reasonably certain to occur. In addition, ESA 

regulations limit the term “cumulative effects” to those effects of future state or 

private activities; NEPA regulations are not so limited. 

The “reasonably certain to occur” standard used in the ESA regulations is more 

demanding than the “reasonably foreseeable” standard used in the NEPA 

regulations (see 40 CFR 1508.8). Thus, it is possible that a proposed action may 

have “no effect” under the ESA standard but will have multiple effects under 

NEPA. The Endangered Species Act standard has been part of interagency 

regulations at 50 CFR Part 402 since 1986 and is the subject of proposed rules 

recently promulgated by USFWS and NMFS3. 

Agency Status under ESA Section 7 

The DOI (BLM) has concluded that it is the action agency for Endangered 

Species Act purposes because the BLM manages Federal land where leasing and 

development of geothermal resources may take place. In particular, the BLM is an 

action agency for purposes of the land use plan amendments to allocate land as 

available for leasing, as analyzed in the PEIS and future lease applications that may 

be submitted. A separate document will contain decisions pertaining to the 

pending lease applications. 

“No Effect” Determination under Section 7 

In complying with its duties under Section 7 of the ESA, the action agency has 

examined the effects on listed species and critical habitat both from allocating 

land as available for leasing of geothermal resources through land use plan 

amendments and from issuing leases. As a result of this examination, the action 

agency has determined that amending land use plans would not cause any effect 

on a listed species or on critical habitat. This determination is based on the 

following. 

1. Allocation Decisions Do Not Cause Effects on Species or Habitats 

The first proposed action, allocation of BLM-administered lands with 

geothermal resource potential as closed, open, or open with major or 

moderate constraints to geothermal leasing through amendment of land 

 

3

 Interagency Cooperation Under the Endangered Species Act, 73 Fed. Reg. 47868 (Aug. 15, 2008) (to be codified at 50 CFR 

pt. 402).

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use plans, fulfills BLM’s obligations under FLPMA and would not cause 

any impact, direct or indirect, as cognizable under the ESA, to listed 

species or critical habitat. The land use plan amendments identify and 

allocate such areas, adopt reasonable foreseeable development 

scenarios, and adopt a list of stipulations, best management practices, 

and procedures to be applied for the protection of resources. 

This proposed action does not establish a precedent or create any legal 

right that would allow ground-disturbing activities within any of the 

areas allocated for geothermal leasing. Following lease issuance, when an 

application to conduct activities involving surface disturbance is 

submitted that could affect a listed species or critical habitat at a 

particular location within one of these areas, it would be subject to full 

policy and legal review at the time it is filed. This includes review and 

coordination under the ESA and other applicable statutes of the 

applicability of the stipulations, best management practices, and 

procedures for the protection of other resources. 

Similarly, providing suitability information to facilitate the FS’s subsequent 

consent decision to the BLM for leasing on NFS lands, to the extent this 

providing of information could be construed to be an action under the 

Endangered Species Act, is an administrative task that would not cause 

any impact, direct or indirect, as cognizable under the Endangered 

Species Act, to listed species or critical habitat. 

2. Lease Issuance Does Not Cause Effects on Species or Habitats 

The decision to issue a lease is a separate and discretionary decision 

from the allocation decision made through land use plan amendment. 

With respect to the pending lease applications analyzed in Volume II, 

BLM has determined that the issuing of a geothermal lease similarly does 

not cause any effect on listed species or critical habitat under the ESA. 

Moreover, there is no guarantee that any particular authorization or 

lease will be granted, or, even if granted, as explained below, that any 

development will ever take place on such lease. 

This second proposed action, therefore, to complete processing of 

active pending lease applications and nominations by deciding whether, 

and under what stipulations, to issue geothermal leases on NFS and 

public lands, is an action that, in itself, and on the condition that the 

stipulation addressing ESA matters is incorporated in any lease issued, 

would not cause any impact, direct or indirect, as cognizable under the 

ESA, to listed species or critical habitat. Lease rights are always limited 

by the requirements of other laws, as illustrated in the geothermal 

regulations at 43 CFR 3200.4. 

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As explained in Section 2.2.2 of the PEIS, in accordance with BLM 

Instruction Memorandum No. 2002-174, the BLM will apply the 

following ESA-related stipulation on any leases where threatened, 

endangered, or other special status species or critical habitat is known 

or strongly suspected: 

“The lease area may now or hereafter contain plants, animals, or their 

habitats determined to be threatened, endangered, or other special 

status species. BLM may recommend modifications to exploration and 

development proposals to further its conservation and management 

objective to avoid BLM-approved activity that will contribute to a 

need to list such a species or their habitat. BLM may require 

modifications to the lease terms or disapprove proposed activity that 

is likely to result in jeopardy to the continued existence of a 

proposed or listed threatened or endangered species or result in the 

destruction or adverse modification of a designated or proposed 

critical habitat. BLM will not approve any ground-disturbing activity 

that may affect any such species or critical habitat until it completes 

its obligations under applicable requirements of the ESA as amended, 

16 USC 1531 et seq., including completion of any required procedure 

for conference or consultation.” 

Additionally, the BLM will provide a separate notification through a lease 

notice to prospective lessees identifying the particular special status species 

that are present on the lease parcel offered. For agency-designated sensitive 

species (e.g., sage grouse), a lease stipulation would be imposed for those 

portions of high value/key/crucial species habitat where other existing 

measures are inadequate to meet agency management objectives. 

Moreover, even without the ESA-related stipulation, lease issuance, by itself, 

does not afford lessees the right to engage in any ground-disturbing activity. 

Under the regulations applicable to geothermal development, permits, with 

associated environmental reviews and coordination, are required at every 

stage of exploration, drilling, and utilization before the applicant may 

proceed. Even before lease issuance, pre-leasing exploration cannot take 

place without approval, which may include protective “Conditions of 

Approval” (43 CFR 3251.10). The geothermal regulations include 

prohibitions such as “Do not start activities that will result in surface 

disturbance until we approve your drilling permit and Sundry Notice” (43 

CFR 3261.14). Similar language appears in relation to the regulations that 

correspond to each stage of geothermal development, including the sections 

related to drilling (43 CFR 3261.11(b)), utilization, and site licenses: “Do not 

begin site investigations...” (43 CFR 3271.12(b)); “Do not start construction 

of pipelines...” (43 CFR 3271.13); “Do not start delivery of geothermal 

resources to a facility...” (43 CFR 3271.14(b)); “Do not start building or 

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testing your facility...” Each of these stages provides the BLM with 

opportunities to decide whether the next stage should be approved, denied, 

or approved with conditions such as protective measures. See, for example, 

43 CFR 3273.12 (e). Each subpart also contains general standards and 

environmental requirements. See, for example, 43 CFR 3260.11 and 3272.12. 

Moreover, the agencies must verify that leasing on the applicant’s parcel has 

been adequately addressed in a NEPA document. 

Using the ESA stipulation above, as well as the many distinct decision points 

described in the geothermal development regulations, the agencies have 

retained the authority post-lease issuance to condition, and even to deny, the 

use of the leased property if required by the Endangered Species Act. 

Therefore, even the decision to lease does not result in any effect on listed 

species or critical habitat. For this reason, the agencies have made a “no 

effect” determination for the proposed allocation decisions in the land use 

plan amendments, as well as for the decision to issue leases. 

It is important to note that the effects of any future development-stage activities 

that might occur subsequent to the issuance of a lease would be allowed only 

following additional site-specific compliance with the ESA and other applicable 

laws and are not included in the scope of this action. Thus, the effects of 

development-stage activities are not to be considered effects, direct or indirect, 

caused by the proposed action (lease issuance) at issue here. The regulations 

governing geothermal leasing and development provide for several decision 

stages prior to any ground-disturbing activities taking place and contemplate 

further compliance with applicable authorities during these decision stages. 

Therefore, both under the regulatory scheme, and as a practical matter, until 

BLM receives an application for a permit to drill, or other authorization, that 

includes specific information about particular projects (i.e., location, scale, 

technology, etc.), and adjudicates it, it is impossible to determine what effects on 

listed species or critical habitat might be “reasonably certain to occur” (see 50 

CFR Part 402). It is at that time that consultation under Section 7 with NMFS or 

the USFWS may be appropriate and useful. 

For the above reasons, the action agency has determined that amending land use 

plans to allocate areas as available for geothermal leasing, providing information 

for later FS decision making, and issuing geothermal leases would have no effect 

on listed threatened or endangered species or critical habitat. 

The action agency reached their “no effect” determination not because listed 

species and critical habitat are unlikely to be present. To the contrary, Appendix 

H of the PEIS identifies numerous listed species that occur in the 12 western 

states where land use plans will be amended and leases may be issued. Areas that 

may eventually be leased would likely include areas occupied by listed species or 

within critical habitat. 

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1. Record of Decision

The action agency considered preparing a biological assessment and initiating 

consultation with USFWS and NMFS under Section 7(a)(2). After discussing 

various approaches, the action agency determined that the administrative actions 

of allocating lands as available for leasing of geothermal resources and issuing 

leases for these resources would have no effect on listed species or critical 

habitat. Preparing a biological assessment before a site-specific application for 

permit to drill has been filed with BLM would be based largely on conjecture 

and speculation. There would be no way to know before such a site-specific 

proposal is made whether the impacts to be assessed would be from one or 

another specific type of geothermal plant or facility, or associated transmission 

line, etc., or some combination of uses. Further, without knowing the specifics of 

when and where a project would occur, it would be impossible to know what 

species, if any, would be affected by these future projects. The agency considered 

whether it made sense to make assumptions for the purposes of a biological 

assessment, but were left with no credible basis on which to make such 

assumptions. The agency determined that such assumptions would be speculative 

and not linked to the Federal action of allocating lands as available for 

geothermal leasing through land use plan amendments, or even issuing such 

leases. Any biological assessment would be a speculative assessment of effects 

from future site-specific projects, not of the proposed actions addressed in this 

PEIS as a whole. 

This is not to say that there would be no Section 7 consultations (including 

preparation of biological assessments or biological opinions where appropriate) 

on future actions that may affect listed species or critical habitat. On the 

contrary, as explained above, the action agency fully expects that Section 7 

compliance, including consultations if necessary, will be appropriate as 

applications for permits to drill on particular leaseholds are submitted for 

decision making by the BLM, with FS concurrence, as necessary. That is, if an 

application for a permit or other authorization is received by an action agency 

for lands allocated as open for leasing, further compliance with Section 7 of the 

Endangered Species Act would be initiated at that time.4 This may take the form 

of a biological assessment by the action agency and issuance of a biological 

opinion by USFWS and/or NMFS; a “may affect, not likely to adversely affect” 

determination by the action agency with Service concurrence; or a “no effect” 

determination by the action agency. At such time, any biological assessment, 

biological opinion, concurrence, or “no effect” determination would be based on 

a detailed application describing the project, site, and method of construction – 

all features lacking at the present time. 

 

4

 Further, if a future, site-specific proposal may adversely affect essential fish habitat, the action agencies would consult with 

NMFS, as required by the Magnuson Stevens Fishery Conservation and Management Act, 16 USC l855(b)(2), prior to 

approval.

Record of Decision for Geothermal Leasing in the Western US 1-25 

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1. Record of Decision

In reaching their “no effect” determination, the action agency found no causal 

connection, whether direct or indirect, between the mere allocation of areas as 

available for geothermal leasing (through land use plan amendment), or issuance 

of such leases, and any effect on a listed species or critical habitat. Allocation of 

areas as available for leasing of geothermal resources neither guarantees that a 

lease within such an area will be granted, nor, even if a lease is granted (assuming 

that the ESA stipulation is incorporated in such lease), that an application for a 

permit to drill will be granted. Any effects to a listed species or critical habitat 

that might occur in any of the areas allocated through this planning action or 

lease issuance in the future are simply unknown at this time and, in any event, 

would be caused by the grant of a permit, or other site-specific authorization, 

following full policy and legal review, including compliance (and consultation if 

appropriate) under Section 7 of the ESA. 

1.11 MITIGATION MEASURES

A primary purpose of the PEIS for Geothermal Leasing is the establishment of 

stipulations and BMPs to ensure that potential adverse impacts associated with 

the development of geothermal resources on BLM-administered public lands are 

minimized to the greatest extent possible. Geothermal resource leases are 

subject to the standard stipulations and lease terms. The current lease terms, 

which are subject to change, are found on Form 3200-24 (Appendix C). The 

right to explore, develop, and utilize leased geothermal resources is inherent in 

the lease, subject to stipulations, legal requirements, and terms and conditions on 

permits. Specific conditions of approval and other mitigation measures would be 

required during subsequent authorizations. These include timing and location of 

activities during the development phases (see Section 2.5 of the PEIS, Reasonably 

Foreseeable Development Scenario). In addition, BLM and other governmental 

agencies may require specific permits. 

To minimize adverse impacts on resources and uses in the proposed action area, 

appropriate BMPs and mitigation measures would be applied to future sitespecific Plans of Operation, which are required for surface-disturbing activities. 

The BMPs provide guidance for lessees on how to meet Section 6 of the 

standard lease terms. Depending on site-specific conditions and individual 

development plans, the BMPs provided in Appendix B and other mitigation 

measures may be required. Additional BMPs and mitigation measures could be 

identified during site-specific analyses. 

1.12 MONITORING

Mitigation measures, including lease stipulations and conditions of approval as 

well as the general operation of geothermal developments, would be monitored 

by the lessee or the appropriate Federal agency to ensure their continued 

effectiveness through all phases of development. Using adaptive management 

strategies, where mitigation measures are determined to be ineffective at 

1-26 Record of Decision for Geothermal Leasing in the Western US 

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1. Record of Decision

meeting the desired resource conditions, the BLM and FS would take steps to 

determine the cause and require the operator to take corrective action. This 

information would also be used to inform future geothermal leasing and 

development.

1.13 PUBLIC INVOLVEMENT

One of the BLM’s primary objectives during development of the PEIS was to 

understand the concerns and issues of various members of the public by 

providing opportunities for meaningful participation in the resource management 

planning process. The PEIS is the result of an extensive and collaborative process 

with tribal governments, federal agencies, states, stakeholders, and the public. 

1.13.1 Scoping 

To achieve this, the BLM published the Notice of Intent to prepare a PEIS to 

evaluate geothermal leasing in the 12 western states, including Alaska, on lands 

administered by the BLM and the FS in the Federal Register (72 FR 113) on June 

13, 2007. The Notice of Intent initiated the public scoping process and invited 

public comments on the content and issues that should be addressed in the PEIS. 

The BLM and the FS conducted scoping from June 13, 2007 through August 13, 

2007. During that period, the BLM and the FS invited the public and interested 

groups to provide information and guidance, suggest issues that should be 

examined, and express their concerns and opinions on geothermal leasing in 

eleven western states and Alaska on public lands administered by the BLM and 

the FS. Public meetings were held in ten cities in July 2007: Anchorage, Alaska; 

Boise, Idaho; Denver, Colorado; Missoula, Montana; Phoenix, Arizona; Portland, 

Oregon; Reno, Nevada; Sacramento, California; Salt Lake City, Utah; and Santa Fe, 

New Mexico. 

Approximately 175 people attended the scoping meetings, and 101 verbal 

comments were identified and cataloged from these meetings. A total of 79 

written comments were received in the form of comment cards submitted at 

the public meetings (2); letters by US Mail or by hand delivery (16); and by 

electronic mail (63). 

The BLM and FS published a scoping report on the project Web site that 

summarized and categorized the major themes, issues, concerns, and comments 

expressed by private citizens, government agencies, private firms, and 

nongovernmental organizations. The BLM and FS considered the comments in 

developing the alternatives and analytical issues that are contained in the PEIS. 

Summaries of the individual letters, facsimiles, and electronic comments received 

during scoping are available within the scoping report 

(www.blm.gov/geothermal_eis). 

Record of Decision for Geothermal Leasing in the Western US 1-27 

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1. Record of Decision

1.13.2 Public Comments on the Draft PEIS 

The EPA published a Notice of Availability of the Draft PEIS in the Federal 

Register on June 13, 2008 (73 FR 115). The Notice of Availability initiated the 90-

day public comment period provided for planning actions. 

The BLM Project Web site contained the Draft PEIS in its entirety for download. 

Copies of the document were sent to a mailing list of over 1,000 recipients. In 

addition, over 100 copies of the CD-ROM or hardcopies of the document were 

mailed in response to document requests. In preparing the Final PEIS, the BLM 

and FS considered all comments received or postmarked during the public 

comment period. 

During the 90-day public comment period, the BLM and FS held 13 public 

meetings in the 12-western-state-project area in July 2008. Meeting locations 

included Albuquerque, New Mexico; Anchorage, Alaska; Boise, Idaho; Denver, 

Colorado; Fairbanks, Alaska; Helena, Montana; Portland, Oregon; Reno, Nevada; 

Sacramento, California; Salt Lake City, Utah; Seattle, Washington; and Tucson, 

Arizona. Over 200 people attended the public meetings. 

1.13.3 Release of the PEIS 

The EPA published the Notice of Availability of the Final PEIS in the Federal 

Register on October 24, 2008 (73 FR 207). As BLM continues to implement its 

geothermal program, it will continue to actively seek the views of the public 

using outreach techniques such as news releases and Web site information to 

offer opportunities for public participation and to inform the public of new and 

ongoing project proposals, site-specific planning, and opportunities and 

timeframes for comment. The BLM will also continue to coordinate, both 

formally and informally, with the numerous State, Federal, tribal, and local 

agencies and officials interested and involved in the management of geothermal 

resources on public lands within the 12-state planning area. 

1.13.4 Comments on the Final PEIS and Proposed Plan Amendments 

The BLM received one comment letter on the Final PEIS from the EPA. The 

letter noted that the BLM had adequately addressed the EPA’s comments on the 

Draft PEIS but expressed concern related to groundwater quantity and quality, 

especially where there are sole-source aquifers and protected geothermal 

resources. In particular, EPA felt there is a potential for the mixing of geothermal 

fluids from reinjection with surface or groundwater by connections through an 

existing underground fault system, and requested that the BLM include a process 

to incorporate the results from any existing groundwater flow analyses into the 

decision-making process before leasing potential geothermal resource areas and 

to complete groundwater flow analysis for site-specific projects before drilling. In 

addition, EPA requested that the ROD include mitigation measures to protect 

sole-source aquifers. 

1-28 Record of Decision for Geothermal Leasing in the Western US 

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1. Record of Decision

In response to EPA’s concern, the ROD clarifies that drilling of temperature 

gradient wells and the subsequent slim-hole or full-diameter wells will be 

conducted to protect surface- and groundwater from contamination by drilling 

fluids and geothermal fluids. This is accomplished by requiring all well bores to 

be cased and cemented from the top of the production liner to the surface to 

prevent cross contamination and mixing between aquifers. Site-specific impacts 

on water resources, including groundwater and water quality, would be 

addressed as part of the environmental analysis for the permitting process. 

These evaluations will result in site-specific stipulations that will condition the 

lease for possible future permitting activities to assess and develop the 

geothermal resource. Subsequent periodic mechanical integrity testing of the 

wells, monitoring of groundwater resources, and other appropriate 

environmental monitoring will assure the maximum protection to water 

resources. Appendix B of the ROD provides BMPs to address methods to 

minimize water contamination. An additional clarifying BMP was added to this 

ROD in Appendix B, Section B.1.3 to further address EPA’s concerns. 

Additionally, Federal, State, and local regulations ensure that operators will 

conduct drilling in a prudent manner. 

Comments on the Final PEIS were also received from New Mexico, and inquiries 

were made by Utah as part of the Governor’s Consistency Review process. In 

both cases, conversations between the BLM and the States were held and 

resolutions with the states were reached. These comments were discussed in 

Section 1.10.1 of this ROD. 

1.13.5 Availability of the Record of Decision 

Paper and electronic copies of the ROD with the Plan Amendments are available 

for review at any BLM State Office or Field Office. Copies are also available by 

request to geothermal_eis@blm.gov or by writing to Idaho State Office, 1387 

South Vinnell Way, Boise, Idaho 83709, Attention: Jack Peterson. 

Interested persons may also review the ROD and the Final PEIS on the Internet 

at www.blm.gov/geothermal_eis. 

Record of Decision for Geothermal Leasing in the Western US 1-29 

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This Page Intentionally Left Blank 

1-30 Record of Decision for Geothermal Leasing in the Western US 

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CHAPTER 2 

RESOURCE MANAGEMENT PLAN AMENDMENTS

2.1 INTRODUCTION

The US Department of the Interior, Bureau of Land Management, develops land 

use plans to guide activities, establish management goals and approaches, and 

establish land use allocations within a planning area. Current land use plans are 

called resource management plans; in the past, such plans were called 

management framework plans, and some of these MFPs are still in use. Analyses 

conducted for Alternative B, Proposed Action in the PEIS support the 

amendment of specific land use plans in those field offices where geothermal 

resources are located. 

The Plan Amendments amend 114 plans (See Appendix A) to do the following: 

• Identify public lands that are administratively and legally closed or open 

to leasing, and under what conditions. 

• Develop a comprehensive list of stipulations, BMPs, and procedures to 

serve as consistent guidance for future geothermal leasing and 

development on public and NFS lands. 

• Provide a reasonably foreseeable development scenario for geothermal 

development on Federal lands (see Section 1.3.2 of this ROD for a 

description of the reasonably foreseeable development scenario). 

The amendments only affect allocations and management of geothermal 

resources. These plans continue to outline the decisions or protocols for the 

management of the other resource uses or values within the appropriate 

planning areas. 

Record of Decision for Geothermal Leasing in the Western US 2-1 

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2. Resource Management Plan Amendments 

2.2 LAND USE ALLOCATIONS

The allocations by land use plan and field office are provided in Table A-1 (see 

ROD Appendix A). In total, approximately 111 million acres5 of BLM public land 

are allocated as open to geothermal leasing subject to existing laws, regulations, 

formal orders, stipulations attached to the lease form, and the terms and 

conditions of the standard lease form (see ROD Appendix C). In addition, about 

79 million acres of FS lands are legally open (see Figures 2-5 and 2-6 in the Final 

PEIS). While these lands are allocated as open, compliance with laws and 

regulations could nevertheless prohibit some lands from leasing. For example, if 

it is determined that subsequent exploration, development, or utilization of 

nominated lands would likely result in a significant adverse effect on a significant 

thermal feature within a unit of the National Park System, the lease would not 

be issued pursuant to the Geothermal Steam Act Amendments of 1988 (30 USC 

Section 1026[c]). 

2.2.1 Closed Lands 

Areas identified as closed to leasing included non-discretionary closures based 

on existing laws, regulations (see 43 CFR 3201.11), and Executive Orders, and 

discretionary closures. Non-discretionary closures include the following lands 

administered by the BLM and FS: 

• National Monuments. 

• National Conservation Areas and similar designations with the 

exception of King Range National Conservation Area and Steese 

National Conservation Area. 

• Wilderness Areas and National Wilderness Areas. 

• Wilderness Study Areas. 

• Lands within areas allocated for wilderness or further planning in 

Executive Communication 1504, Ninety-Sixth Congress (House 

Document 96-119), unless such lands are allocated to uses other 

than wilderness by a land and resource management plan or are 

released to uses other than wilderness by an act of Congress. 

• National Recreation Areas. 

• Designated Wild Rivers under the Wild and Scenic River Act. 

• The Island Park Geothermal Area (includes NFS lands in Idaho and 

Montana). 

 

5

 The Final PEIS identified about 118 million acres of BLM public land as being open for geothermal leasing. The 

ROD removed or deferred making an amendment decision on eight plans, which contained about seven million 

acres classified as open for leasing. (see ROD section Notice of Modifications Made to the Plan Amendments). 

2-2 Record of Decision for Geothermal Leasing in the Western US 

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2. Resource Management Plan Amendments 

• Withdrawn lands under Section 17(d)(1) of the Alaska Native 

Claims Settlement Act.6 

• Valles Caldera National Preserve, New Mexico. 

In addition, there are other lands administered by other Federal agencies that 

are legally closed to leasing, including lands managed as part of the National 

Wildlife Refuge System (16 USC 668 [dd]) and lands within units of the National 

Park System. Prior to making a leasing decision on lands in proximity to a 

National Park System unit, the BLM or FS must determine if there would be any 

impacts to thermal or hydrological features within the unit, in accordance with 

the Geothermal Steam Act Amendments (30 USC Section 1026). 

In addition to non-discretionary closures, the BLM has administratively 

designated the following areas as unavailable for leasing: 

• The California Desert Conservation Area7. 

• Areas of Critical Environmental Concern where the BLM 

determines that geothermal leasing and development would be 

incompatible with the purposes for which the Area of Critical 

Environmental Concern was designated, or those whose 

management plans expressly preclude new leasing or development 

for oil and gas or geothermal resources. A list of Areas of Critical 

Environmental Concern that are currently open and closed to fluid 

mineral leasing is provided in Appendix C of the PEIS.8 No new 

closures are proposed. 

• Other lands within BLM’s National Landscape Conservation System, 

such as National Historic and Scenic Trails. 

• National Landmarks and Research Natural Areas. 

• Military reservations encompassing public lands are open for 

development except in instances where geothermal development 

 

6

 Section 17(d)(1) of the Alaska Native Claims Settlement Act of 1971 authorized the Secretary of the Interior to withdraw 

and reserve lands for study and classification. These withdrawals closed the lands to disposal and appropriation under public 

land laws, including mining and mineral leasing laws. The withdrawals remain in effect on about 50 million acres 

of public land in Alaska. The BLM makes recommendations for revocation of the withdrawals through the planning process, 

and the Secretary makes the final determination. The PEIS recognized that most land administered by the BLM in Alaska is 

withdrawn from geothermal leasing; however, these lands were included for analysis because the Secretary could revoke 

lands from withdrawal in the future. The PEIS did not make any recommendations on what lands are recommended for 

revocation from withdrawal; such determinations will be made in the appropriate BLM land use plans. 

7 Geothermal leasing and development is allowed in designated portions of the California Desert Conservation Area in 

accordance with the California Desert Conservation Area Plan, 1980, as amended (BLM 1999). 

8

 Information regarding the terms of allowable uses was not available for every ACEC in the project area. For purposes of 

analysis in this document, where information was unavailable it was presumed the areas were closed to geothermal leasing; 

however, this information is available from individual Field Offices.

Record of Decision for Geothermal Leasing in the Western US 2-3 

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2. Resource Management Plan Amendments 

conflicts directly with the terms of the reservation or the mission as 

identified by the military. 

• Areas previously closed to fluid minerals development in approved 

land use plans. 

2.3 STIPULATIONS AND BMPS

The Plan Amendments adopt stipulations for geothermal leasing and BMPs that 

could be applied to subsequent applications for geothermal exploration, drilling, 

utilization, and reclamation. Lease stipulations are provided below, and BMPs 

are listed in the ROD Appendix B. 

2.3.1 Lease Stipulations 

This section provides the list of constraints that would be applied as appropriate 

by the authorized officer to any new leases for lands that are available for 

geothermal leasing. Lease stipulations are major or moderate constraints applied 

to a new geothermal lease. A lease stipulation is a condition of lease issuance 

that provides a level of protection for other resource values or land uses by 

restricting lease operations during certain times or at certain locations or by 

mitigating unacceptable impacts, to an extent greater than standard lease terms 

or conditions. A stipulation is an enforceable term of the lease contract, 

supersedes any inconsistent provisions of the standard lease form, and is 

attached to and made a part of the lease. Lease stipulations further implement 

the BLM’s regulatory authority to protect resources or resource values. 

Local land use plans take different approaches to protect resources depending 

on the circumstances in those planning areas. The geothermal stipulations 

herein have been developed to address a wide variety of landscapes, climates, 

and ecosystems, without disrupting the management approach of local land use 

plans. Where the agency determines that particular stipulations may be 

inappropriate for a planning area, the procedures for waivers, exception, and 

modifications would be followed as discussed in the Final PEIS. 

The following stipulations serve as the minimal level of protection and are 

adopted as applicable to each plan. The authorized officer retains the discretion 

to issue stipulations in order to mitigate the impacts on other land uses or 

resource objectives as defined in the guiding resource management plan. For 

example, if an administrative unit has eligible wild and scenic rivers, the wild 

river stipulation would apply. If an existing land use plan offers more protective 

measures or has resource-specific commitments (e.g., a memorandum of 

understanding for cultural resources), those more-protective measures would 

apply instead. 

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2. Resource Management Plan Amendments 

2.3.2 No Surface Occupancy Lease Stipulations 

No Surface Occupancy (NSO) stipulations are considered a major constraint, as 

they do not allow for surface development. An NSO is appropriate when the 

standard terms and conditions, other less restrictive lease stipulations (see 

below), and best management practices for permit approval are determined to 

be insufficient to achieve the resource protection objectives. 

• Designated or proposed critical habitat for listed species under the 

Endangered Species Act of 1973 (as amended) if it would adversely 

modify the habitat. For listed or proposed species without 

designated habitat, NSO would be implemented to the extent 

necessary to avoid jeopardy. 

• Within the boundary of properties designated or eligible for the 

National Register of Historic Places, including National Landmarks 

and National Register Districts and Sites, and additional lands 

outside the designated boundaries to the extent necessary to 

protect values where the setting and integrity is critical to their 

designation or eligibility. 

• Areas with important cultural and archaeological resources, such as 

traditional cultural properties and Native American sacred sites, as 

identified through consultation. 

• Water bodies, riparian areas, wetlands, playas, and 100-year 

floodplains. 

• Developed recreational facilities, special-use permit recreation sites 

(e.g., ski resorts and camps), and areas with significant recreational 

use with which geothermal development is deemed incompatible, 

excluding direct use applications. 

• Designated National Scenic and Recreational Rivers under the Wild 

and Scenic River Act. 

• Segments of rivers determined to be potentially eligible for Wild 

and Scenic Rivers status by virtue of a Wild and Scenic River 

inventory, including a corridor of 0.25 mile from the high water 

mark on either side of the bank9. 

 

9 A number of land use plans are currently undergoing revision, and as part of that process Wild and Scenic River 

inventories have been undertaken. Where a river or river segment has been found to be “eligible” for inclusion 

in the Wild and Scenic River system as part of one of these inventories, the BLM has the obligation to protect 

the lands along the eligible segment until a “suitability” determination has been made as part of the land use 

planning process. If the river or river segment is found to be “non-suitable,” the lands along the river then 

would be available for other uses. If a river or river segment is determined to be suitable for inclusion in the 

Wild and Scenic River system, the BLM will forward that recommendation to Congress for action and will 

continue to protect the lands along the river. 

Record of Decision for Geothermal Leasing in the Western US 2-5 

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2. Resource Management Plan Amendments 

• Designated important viewsheds, including (1) public lands 

designated as VRM Class I, and (2) NFS lands with a Scenery 

Management System integrity level of Very High. 

• Slopes in excess of 40 percent and/or soils with high erosion 

potential. 

• Areas that are defined as having special resource values for 

subsistence needs in Alaska. 

Additional NSO stipulations could be applied in conformance with the local land 

use plan to address site-specific resource concerns. 

2.3.3 Timing Limitations and Controlled Surface Use Lease Stipulations 

Where standard lease terms and permit-level decisions are deemed insufficient 

to protect sensitive resources, but where an NSO is deemed overly restrictive, 

the BLM and FS would apply seasonal or time limited stipulations or controlled 

surface use stipulations to leases. In general, timing limitations are used to 

protect resources that are sensitive to disturbance during certain periods. Such 

stipulations are generally applicable to specific areas, seasons, and resources. 

They are commonly applied to wildlife activities and habitat, such as winter 

range for deer, elk, and moose; nesting habitat for raptors and migratory birds; 

and breeding areas. Buffer zones are also used to further mitigate impacts from 

any human activities. The size of buffers can also be specific to species and 

location, and can change based on findings of science or movement of species. 

Therefore, timing limitations would be applied by the authorizing officer as 

appropriate for the specific lease areas and in compliance with the unit’s 

resource management plan. The BLM would consult with the appropriate 

agencies (e.g., state wildlife agencies) in establishing the periods and extent of 

area for timing limitations. 

A controlled surface use stipulation allows the BLM to require that any future 

activity or development be modified or relocated from the proposed location if 

necessary to achieve resource protection. The project applicant will be required 

to submit a plan to meet the resource management objectives through special 

design, construction, operation, mitigation, or reclamation measures, and/or 

relocation. Unless the plan is approved, no surface occupancy would be allowed 

on the lease. The following controlled surface use stipulations would be applied 

by the authorizing officer as appropriate for the specific area and site conditions. 

• Protection of riparian and wetland habitat. This stipulation 

would be applied within 500 feet of riparian or wetland vegetation 

to protect the values and functions of these areas. Measures 

required will be based on the nature, extent, and value of the area 

potentially affected. 

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2. Resource Management Plan Amendments 

• Protection of visual resources. This stipulation would be applied 

to BLM Visual Resource Management Class II areas (Visual Resource 

Management Class III management objectives would be met through 

conditions of approval applied during the permit approval process, 

and may be referenced in a lease notice); NFS lands with a Scenery 

Management System integrity level of High; and other sensitive 

viewsheds such as within the visual setting of National Scenic and 

Historic Trails or near residential areas. 

• Protection of recreational areas. This stipulation would be 

applied to minimize the potential for adverse impacts to 

recreational values, both motorized and non-motorized, and the 

natural settings associated with the recreational activity. 

• Compatibility with urban interface. This stipulation would be 

applied to minimize the potential for adverse impacts to residential 

areas, schools, or other adjacent urban land uses. 

• Protection of erosive soils and soils on slopes greater then 30 

percent. This stipulation would be applied to minimize the potential 

for adverse impacts to erosive soils as defined as severe or very 

severe erosion classes based on Natural Resources Conservation 

Service mapping. 

• Protection of important habitat and migration corridors. This 

stipulation would be applied to protect the continuity of migration 

corridors and important habitat. 

2.3.4 Other Lease Stipulations 

Protection of Geothermal Features 

Under the following situations, the BLM or FS would apply stipulations to 

protect the integrity of geothermal resource features, such as springs and 

geysers. If it is determined that geothermal operations are reasonably likely to 

result in a significant adverse effect to such a feature, then BLM would decline to 

issue the lease. 

• The BLM or FS would include stipulations to protect any significant 

thermal features of a National Park System unit that could be 

adversely affected by geothermal development. These stipulations 

will be added, if necessary, when the lease or permit is issued, 

extended, renewed, or modified (43 CFR 3201.10[b]). 

• Any leases that contain thermal features (e.g., springs or surface 

expressions) would have a stipulation requiring monitoring of the 

thermal features during any exploration, development, and 

production of the lease to ensure that there are no impacts to 

water quality or quantity. 

Record of Decision for Geothermal Leasing in the Western US 2-7 

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2. Resource Management Plan Amendments 

Endangered Species Act Stipulation 

In accordance with BLM Instruction Memorandum No. 2002-174, the BLM will 

apply the following stipulation on any leases where threatened, endangered, or 

other special status species or critical habitat is known or strongly suspected. 

Additionally, the BLM will provide a separate notification through a lease notice 

to prospective lessees identifying the particular special status species that are 

present on the lease parcel offered. 

“The lease area may now or hereafter contain plants, animals, or their 

habitats determined to be threatened, endangered, or other special 

status species. BLM may recommend modifications to exploration and 

development proposals to further its conservation and management 

objective to avoid BLM-approved activity that will contribute to a need 

to list such a species or their habitat. BLM may require modifications to 

or disapprove proposed activity that is likely to result in jeopardy to the 

continued existence of a proposed or listed threatened or endangered 

species or result in the destruction or adverse modification of a 

designated or proposed critical habitat. BLM will not approve any 

ground-disturbing activity that may affect any such species or critical 

habitat until it completes its obligations under applicable requirements 

of the Endangered Species Act as amended, 16 USC 1531 et seq., 

including completion of any required procedure for conference or 

consultation.” 

Sensitive Species Stipulation 

For agency-designated sensitive species (e.g., sage grouse), a lease stipulation 

(NSO, controlled surface use, or timing limitations) would be imposed for those 

portions of high value/key/crucial species habitat where other existing measures 

are inadequate to meet agency management objectives. 

Cultural Resources Stipulation 

In accordance with BLM Instruction Memorandum No. 2005-003, the BLM will 

apply the following stipulation to protect cultural resources: 

“This lease may be found to contain historic properties and/or 

resources protected under the National Historic Preservation Act 

(NHPA), American Indian Religious Freedom Act, Native American 

Graves Protection and Repatriation Act, Executive Order 13007, or 

other statutes and executive orders. The BLM will not approve any 

ground-disturbing activities that may affect any such properties or 

resources until it completes its obligations under applicable 

requirements of the NHPA and other authorities. The BLM may require 

modification to exploration or development proposals to protect such 

properties, or disapprove any activity that is likely to result in adverse 

effects that cannot be successfully avoided, minimized or mitigated.” 

2-8 Record of Decision for Geothermal Leasing in the Western US 

December 2008 
2. Resource Management Plan Amendments 

Roadless Area Stipulation 

The FS manages about 51,477,000 acres of land in the planning area that is 

designated as inventoried roadless areas. The BLM will issue a non-discretionary 

restriction on any leases within NFS inventoried roadless areas. Specifically, no 

new road construction or reconstruction would be allowed in designated 

roadless areas. If future legislation or regulations change the roadless area 

designation, the restriction would be revised, along with any appropriate 

environmental review. 

2.4 MANAGEMENT PROCEDURES FOR GEOTHERMAL LEASING

To ensure compliance with regulations and Federal laws, the following 

procedures would be implemented prior to any lands being included in a 

competitive lease sale. Stipulations listed above would also be used to help 

achieve resource protection in accordance with laws and regulations and the 

guiding land use plan. Given the scope of the leasing program, there will be 

leasing on FS-administered lands; therefore, the procedures include FS actions as 

applicable. 

• The FS will be consulted and will provide a consent determination 

(including terms and conditions or stipulations) to the BLM prior to 

any parcels on NFS lands being offered for lease sale. As a condition 

of consent to the issuance of any lease, the FS would be consulted 

on the development of a surface use plan. 

• The authorized officer of the BLM or FS would consult with the 

appropriate Native American tribal governments and Alaska Natives 

to identify tribal interests and traditional cultural resources or 

properties that may be affected by the Federal land leases and 

potential for geothermal energy development. Tribal interests 

include economic rights such as Indian trust assets and resource 

uses and access guaranteed by treaty rights. Traditional cultural 

resources or properties include areas of cultural importance to 

contemporary communities, such as sacred sites or resource 

gathering areas. There may be issues related to the presence of 

cultural properties, access rights, disruption to traditional cultural 

practices, cultural use of hot springs and water sources and impacts 

to visual resources important to tribes. Areas proposed for leasing 

may include lands where there are tribal interests and traditional 

cultural resources that are not currently identified. Consultations 

on leases should include a full disclosure of the lease as a 

commitment of the land that may eventually involve future 

development that could preclude other tribal uses. Consideration 

and research should be directed to determine if there are other 

ethnic and social groups that may have traditional uses or ties to the 

lands proposed for leases. 

Record of Decision for Geothermal Leasing in the Western US 2-9 

December 2008 
2. Resource Management Plan Amendments 

• The authorized officer of the BLM or FS would consult with the 

appropriate Native American Tribes, Alaska Natives, and State 

Historic Preservation Officers regarding historic and cultural 

resources per Section 106 of the National Historical Preservation 

Act. The presence of archaeological sites and historic properties 

would be determined on the basis of a records search and literature 

review of recorded sites and properties in the proposed lease area 

and a buffer around the lease area, if appropriate. The BLM or FS 

would assess the adequacy of the cultural resource identification 

and evaluation effort for the leasing stage. Additional historical, 

cultural or ethnographic research, consultation and/or inventories 

may be required to identify resources, determine effects, mitigate 

adverse effects and complete the Section 106 process. This PEIS 

addresses the Section 106 process at a programmatic level and 

serves as a basis for the phased consultation process. All existing 

memorandums of understanding and agreements regarding the 

identification and protection of cultural resources would remain 

valid. 

• The authorized officer of the BLM or FS would determine if any 

listed or proposed threatened or endangered species or critical 

habitat is present on nominated lease parcels. If so, the authorized 

officer would comply with Section 7 of the Endangered Species Act, 

which may include consultation or conferencing with the US Fish 

and Wildlife Service and/or National Oceanic and Atmospheric 

Administration Fisheries. Additional compliance activities, which 

may include consultation, would occur during the site-specific 

project permitting process. 

• The authorized officer of the BLM or FS would review the lands for 

any other sensitive resources (e.g., paleontological, BLM sensitive 

status species, and FS species of local concern) and provide for the 

necessary stipulations to protect these resources and ensure 

compliance with the land use plan. Assessment of the resource 

would include consulting with agency experts, coordinating with 

other appropriate agencies, and site surveys if warranted. 

• During the processing of any lease nomination or application in 

Alaska, the authorized officer of the BLM or FS would conduct and 

document a site-specific analysis of the effects of the lease on 

subsistence uses and needs in accordance with Section 810(a) of the 

Alaska National Interest Lands Conservation Act. 

• Prior to making a leasing decision on lands in proximity to a 

National Park System unit, the BLM or FS would coordinate with 

the National Park Service to determine if there would be any 

impacts to thermal or hydrological features within the unit. In 

accordance with the Geothermal Steam Act Amendments (30 USC 

2-10 Record of Decision for Geothermal Leasing in the Western US 

December 2008 
2. Resource Management Plan Amendments 

Section 1026), if it is determined based on scientific evidence that 

exploration, development, or utilization of the lands subject to the 

lease application or nomination is reasonably likely to result in a 

significant adverse effect on a significant thermal feature within the 

National Park System, the lease would not be issued. In the event 

that development is reasonably likely to adversely affect a significant 

thermal feature, the BLM would apply the appropriate stipulations 

to protect the park units (see Protection of Geothermal Features 

stipulations above). 

• Prior to making leasing decisions, the BLM will assess the adequacy 

of existing NEPA documentation and ensure that the proposed 

action is in conformance with the approved land use plan (i.e., 

through completion of a DNA) to determine if there is new 

information or new circumstances that warrant further analysis. For 

example, additional NEPA analysis may be required in light of new 

information, or a potential change in management approach 

regarding resources identified for special management (e.g., travel 

management planning or areas under consideration by BLM for 

management for wilderness characteristics). 

• The level of environmental analysis to be required under NEPA for 

subsequent individual exploration, development, and production 

permits will be determined at the Field Office and FS unit level. In 

certain instances, it may be determined that a tiered environmental 

assessment is appropriate in lieu of an environmental impact 

statement. To the extent that land use plans or the PEIS anticipated 

issues and concerns associated with individual projects, including 

potential cumulative impacts, the BLM and FS will tier from land use 

plans and/or the PEIS analysis and decisions; thereby limiting the 

required scope and effort of additional project-specific NEPA 

analysis. 

• The authorized officer of the BLM or FS would collaborate with 

appropriate state agencies, especially in the case of geothermal 

energy, as the states manage and typically have regulatory authority 

for water quality, water rights, and wildlife. 

• Applicants for geothermal development and production on public or 

NFS lands will develop a project-specific operations plan that 

incorporates the applicable mitigation and best management 

practices provided in ROD Appendix B and, as appropriate, the 

requirements of other existing and relevant BLM and FS mitigation 

guidance. Additional mitigation measures will be incorporated into 

the operations plan and into the conditions of approval or project 

stipulations. The operations plan will include site plans, location of 

facilities, wells, pipelines, transmission lines, roads, and other 

infrastructure. 

Record of Decision for Geothermal Leasing in the Western US 2-11 

December 2008 
2. Resource Management Plan Amendments 

2.5 CONSIDERATION OF OTHER BLM PLANS AND POLICIES

The ROD for the Plan Amendments amends the land use plans existing at the 

time the ROD is implemented and identifies those areas designated as open or 

closed for nomination and applications for geothermal leasing. The resource 

management plan amendments are listed in Table A-1. These plans continue to 

outline the decisions or protocols for the management of the other resource 

uses or values within the appropriate planning areas. 

In the event there are inconsistencies or discrepancies between previously 

approved plans and these Plan Amendments, the decisions contained in the Plan 

Amendments for geothermal resources will be followed. The affected Field 

Offices will continue to tier to statewide, national, and programmatic 

environmental impact statements and other NEPA and planning documents, as 

well as to consider and apply BMPs or other management protocols contained 

in other planning documents after appropriate site-specific analysis. 

All future resource authorizations and actions will conform to, or be consistent 

with, the decisions contained in these Plan Amendments. All existing operations 

and activities authorized under permits, contracts, cooperative agreements or 

other authorizations will be modified, as necessary, to conform to this plan 

within a reasonable timeframe. However, this plan does not impact valid existing 

rights on public lands. If such authorizations come up for review and can be 

modified, they will also be brought into conformance with the plan. 

2.6 PLAN IMPLEMENTATION

General Implementation Schedule 

The decisions of the Plan Amendments go into effect upon signature of the 

ROD. 

Data Refinement 

The available GIS data and maps used for the analysis in the Final PEIS are 

available at the project Web site (www.blm.gov/geothermal_eis). Additional 

data are available at the BLM and FS geocommunicator Web site 

(www.geocommunicator.gov). Data used in development of the Plan 

Amendments are dynamic. GIS boundary data were incomplete for some 

planning areas. Thus, please note that all acreages presented in the Plan 

Amendments (and shown in Appendix A) are estimations, even when presented 

to the nearest acre. The data and maps used throughout the Plan Amendments 

are for land use planning purposes only and will be refined as on-the-ground 

implementation occurs. 

2-12 Record of Decision for Geothermal Leasing in the Western US 

December 2008 
2. Resource Management Plan Amendments 

Maintaining and Monitoring the Plan 

Land use plan decisions and supporting information associated with the 

amended land use plans can be maintained to reflect minor changes in data, but 

maintenance is limited to refining, documenting, and/or clarifying previously 

approved plan decisions. Minor updates of data are considered plan 

maintenance, which will occur over time as the RMP is implemented. 

Maintenance will not result in expansion in the scope of resource uses or 

restrictions, or change the terms, conditions, and decisions of the approved 

plan. 

In addition, the BLM expects that new information gathered from field 

inventories and assessments, research, other agency studies, and other sources 

will update baseline data and/or support new management techniques, best 

management practices, and scientific principles. Where monitoring shows land 

use plan actions or best management practices are not effective, modifications 

or adjustments may occur without amendment or revision of the plan as long as 

assumptions and impacts disclosed in the analysis remain valid, and broad-scale 

goals and objectives are not changed. Plan maintenance will be documented in 

supporting records. 

Changing the Plan 

The Plan Amendments may be changed, should conditions warrant, through a 

plan amendment process. A plan amendment may become necessary if changes 

in circumstances or actions come under consideration that may result in a 

change in the scope of resource uses or a change in the terms, conditions, or 

decisions of the approved plan (e.g., significant new information is available, or a 

proposal or action comes under consideration that is not in conformance with 

the plan). The results of monitoring, evaluation of new data, or policy changes 

and changing public needs might also provide the impetus for an amendment. 

Generally, an amendment is issue-specific. If the plan amendments become 

outdated or otherwise obsolete, a further plan amendment may become 

necessary. Plan amendments are accomplished with public input and the 

appropriate level of environmental analysis and NEPA compliance. 

Record of Decision for Geothermal Leasing in the Western US 2-13 

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2-14 Record of Decision for Geothermal Leasing in the Western US 

December 2008 
CHAPTER 3 

REFERENCES

BLM 2008a. Final Programmatic Environmental Impact Statement for Geothermal Leasing in the Western 

United States. Prepared by US DOI BLM, USDA Forest Service, and EMPSi. October 2008. 

BLM 2004a. BLM Manual 8120. Tribal Consultation Under Cultural Resources Authorities. 

BLM 2004b. Handbook H-8120-1. General Procedural Guidance for Native American Consultation. 

NREL 2006. Geothermal – The Energy Under our Feet: Geothermal Resources Estimates for the United States. 

Technical Report NREL/TP-840-40665. By Bruce Green and Gerald Nix. November 2006. 

Western Governors’ Association 2006. Clean and Diversified Energy Initiative. Geothermal Task Force 

Report. January 2006. Available at: http://www.westgov.org/wga/initiatives/cdeac/ 

geothermal.htm.

Record of Decision for Geothermal Leasing in the Western US 3-1 

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3-2 Record of Decision for Geothermal Leasing in the Western US 

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APPENDIX A 

RESOURCE MANAGEMENT PLAN AMENDMENTS 

FOR GEOTHERMAL LEASING

The following table lists all the plans that are being amended by this decision. 

Allocations and reasonably foreseeable development scenarios for electrical 

generation (projected megawatts [MW]) are provided for each affected 

administrative unit (field office or districts). Specific allocations for each plan will 

be calculated and applied by the individual administrative units. Specific areas of 

BLM-administered lands have not been identified for electrical production in 

Colorado, Montana, or Wyoming; however, it is expected that up to 50 MW of 

capacity could occur in these states. In addition to electrical generation, all the 

affected administrative units have the potential for direct use of geothermal 

resources. In addition to allocations, the amendments adopt the stipulations and 

leasing procedures provided in Chapter 2 and the BMPs provided in Appendix B. 

Table A-1 

Resource Management Plan Amendments 

Projected MW District or 

Field Office† Land Use Plan(s) Acres Open Acres Closed 2015 2025 

Alaska 

Anchorage Ring of Fire RMP 

Kobuk-Seward RMP 

992,786 --1 20 150 

Fairbanks Central Yukon RMP 

Kobuk-Seward RMP 

4,867,749 1,444,8351 -- -- 

Arizona 

Arizona Strip Arizona Strip RMP 626,291 328,799 -- -- 

Record of Decision for Geothermal Leasing in the Western US A-1 

December 2008 
Appendix A. Resource Management Plan Amendments for Geothermal Leasing 

Table A-1 

Resource Management Plan Amendments 

Projected MW District or 

Field Office† Land Use Plan(s) Acres Open Acres Closed 2015 2025 

Hassayampa Lower Gila North MFP* 

Phoenix RMP* 

701,670 88,515 -- -- 

Kingman Kingman RMP 2,219,911 373,299 -- -- 

Lake Havasu Lake Havasu RMP 1,352,613 178,621 -- -- 

Lower Sonoran Phoenix RMP* 

Lower Gila South RMP* 

860,793 344,285 

Safford Safford RMP 1,270,987 90,893 20 50 

Tucson Safford RMP 

Phoenix RMP* 

520,812 172,746 -- -- 

Yuma Lower Gila South RMP* 

Yuma RMP* 

1,289,013 186,006 -- -- 

California 

Alturas Alturas RMP 

Cedar Creek/Tule Mountain 

Integrated RMP* 

502,188 89,093 480 490 

Arcata Arcata RMP 

Headwaters RMP 

83,436 56,341 -- -- 

Bakersfield Caliente RMP* 

Hollister RMP 

560,591 330,725 -- -- 

Barstow West Mojave RMP 2,892,852 1,488,168 -- -- 

Bishop Bishop RMP 747,823 284,029 120 240 

Eagle Lake Eagle Lake RMP 1,041,655 407,959 10 10 

El Centro E. San Diego County RMP 1,236,466 853,632 1,355 3,063 

Hollister S. Diablo Mountain Range 

and Central Coast RMP 

273,622 29,240 -- -- 

Palm Springs-S. Coast South Coast RMP* 1,555,386 1,017,252 -- -- 

Redding Redding RMP 51,209 2,954 0 50 

Surprise Surprise RMP 1,430,221 397,653 30 60 

A-2 Record of Decision for Geothermal Leasing in the Western US 

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Appendix A. Resource Management Plan Amendments for Geothermal Leasing 

Table A-1 

Resource Management Plan Amendments 

Projected MW District or 

Field Office† Land Use Plan(s) Acres Open Acres Closed 2015 2025 

Colorado 

Columbine San Juan/San Miguel RMP* 

Glenwood Springs RMP* 

63,001 2,795 -- -- 

Delores San Juan/San Miguel RMP* 427,661 143,103 -- -- 

Glenwood Springs Glenwood Springs RMP* 567,172 27,717 -- -- 

Grand Junction Grand Junction RMP* 420,016 66,622 -- -- 

Gunnison Gunnison RMP 614,233 164,408 -- -- 

Kremmling Kremmling RMP* 367,370 13,807 -- -- 

Little Snake Little Snake RMP* 962,205 4,457 -- -- 

Pagosa Springs San Juan/San Miguel RMP* 5,777 699 -- -- 

Royal Gorge Northeast RMP 

Royal Gorge RMP 

661,011 73,627 -- -- 

Uncompahgre Uncompahgre Basin RMP* 

San Juan/San Miguel RMP* 

800,861 130,462 -- -- 

White River White River RMP 884,343 22,415 -- -- 

Idaho 

Bruneau Bruneau MFP 1,604,986 316,553 -- -- 

Four Rivers Cascade RMP* 

Kuna MFP* 

Jarbidge RMP* 

1,340,695 562,196 138 275 

Burley Cassia RMP 

Twin Falls MFP 

Monument RMP 

849,597 70,471 263 425 

Challis Challis RMP 908,313 139,652 -- -- 

Cottonwood Chief Joseph MFP* 90,128 13,963 -- -- 

Jarbidge Jarbidge RMP* 1,565,165 131,547 113 225 

Owyhee Owyhee RMP 1,497,330 303,451 -- -- 

Record of Decision for Geothermal Leasing in the Western US A-3 

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Appendix A. Resource Management Plan Amendments for Geothermal Leasing 

Table A-1 

Resource Management Plan Amendments 

Projected MW District or 

Field Office† Land Use Plan(s) Acres Open Acres Closed 2015 2025 

Pocatello Malad MFP* 

Pocatello RMP* 

554,115 44,554 100 200 

Salmon Lemhi RMP 520,764 60,464 10 20 

Shoshone Bennett Hills/ Timmerman 

Hills MFP 

Magic MFP 

Monument RMP 

Sun Valley MFP 

1,904,389 428,425 113 225 

Upper Snake Big Desert MFP* 

Big Lost MFP* 

Little Lost-Birch MFP* 

Medicine Lodge RMP* 

1,881,331 237,801 120 300 

Montana 

Billings Billings Resource Area RMP* 149,410 6,768 -- -- 

Butte North Headwaters RMP* 272,708 35,014 -- -- 

Dillon Dillon RMP 910,199 165,583 -- -- 

Lewistown Judith Valley Phillips RMP* 183,749 133 -- -- 

Malta West HiLine RMP* 4,076 0 -- -- 

Miles City Big Dry RMP* 

Powder River Resource Area 

RMP* 

1,863,245 84,618 -- -- 

Missoula Garnet Resource Area RMP 55,344 2,564 -- -- 

Nevada 

Battle Mountain Shoshone-Eureka RMP 

Tonopah RMP 

10,419,122 933,196 306 586 

Carson City Carson City Consolidated 

RMP 

4,988,877 677,456 536 971 

Elko Elko RMP 

Wells RMP 

7,505,351 536,717 238 488 

Las Vegas Las Vegas RMP 3,426,674 709,582 -- -- 

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Appendix A. Resource Management Plan Amendments for Geothermal Leasing 

Table A-1 

Resource Management Plan Amendments 

Projected MW District or 

Field Office† Land Use Plan(s) Acres Open Acres Closed 2015 2025 

Winnemucca Paradise-Denio MFP* 

Sonoma-Gerlach MFP* 

8,232,520 546,952 405 781 

New Mexico 

Carlsbad Carlsbad RMP 186,375 0 -- -- 

Farmington Farmington RMP 1,421,241 113,860 -- -- 

Las Cruces MacGregor Range RMP 

Mimbres RMP* 

White Sands RMP 

5,000,939 523,188 80 170 

Rio Puerco Rio Puerco RMP* 978,622 362,255 -- -- 

Roswell Roswell RMP 119,750 0 -- -- 

Soccoro Socorro RMP* 1,267,174 299,915 -- -- 

Taos Taos RMP* 533,041 144,066 -- -- 

Oregon 

Burns† Three Rivers RMP 3,268,606 1,055,056 0 50 

Eugene† Eugene District RMP* 0 0 -- -- 

Medford† Medford RMP* 209,513 52,764 -- -- 

Prineville† Two Rivers RMP* 

Brothers/LaPine RMP* 

John Day RMP* 

John Day River MP* 

Lower Deschutes RMP 1,652,041 295,084 

295 1,040 

Roseburg† Roseburg RMP* 0 0 -- -- 

Salem† Salem RMP* 138,070 19,008 -- -- 

Record of Decision for Geothermal Leasing in the Western US A-5 

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Appendix A. Resource Management Plan Amendments for Geothermal Leasing 

Table A-1 

Resource Management Plan Amendments 

Projected MW District or 

Field Office† Land Use Plan(s) Acres Open Acres Closed 2015 2025 

Utah 

Cedar City Cedar Beaver Garfield 

Antimony RMP 

Pinyon MFP 

2,102,417 23,739 160 370 

Kanab Paria MFP* 

Vermilion MFP* 

Zion MFP* 

145,417 15,519 -- -- 

Richfield Mountain Valley MFP* 

Henry Mountain MFP* 

Parker Mountain MFP* 

400,725 49,649 20 50 

St. George St. George (formerly Dixie) 

RMP 

468,886 63,378 -- -- 

Vernal Book Cliffs MFP* 

Diamond Mountain RMP* 

272,862 0 -- -- 

Washington 

Spokane† Spokane RMP 251,096 14,415 50 600 

Wyoming 

Buffalo Buffalo RMP 571,425 12,301 -- -- 

Casper Platte River RMP* 517,576 9,160 -- -- 

Cody Big Horn Basin RMP 

 Cody RMP* 

722,834 39,317 -- -- 

Kemmerer Kemmerer RMP* 693,806 83,508 -- -- 

Lander Lander RMP* 1,201,201 32,423 -- -- 

Newcastle Newcastle RMP 132,922 0 -- -- 

Pinedale Pinedale RMP* 

Snake River RMP 

704,239 39,119 -- -- 

A-6 Record of Decision for Geothermal Leasing in the Western US 

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Appendix A. Resource Management Plan Amendments for Geothermal Leasing 

Table A-1 

Resource Management Plan Amendments 

Projected MW District or 

Field Office† Land Use Plan(s) Acres Open Acres Closed 2015 2025 

Rawlins Great Divide RMP* 

Green River RMP* 

2,308,513 72,173 -- -- 

Rock Springs Green River RMP* 3,356,775 338,172 -- -- 

Worland Grass Creek RMP* 

Waskakie RMP* 

1,537,942 91,803 -- -- 

1 Most of the land administered by the BLM within the planning area of Alaska is withdrawn from 

mineral leasing under Section 17(d)(1) of the Alaska Native Claims Settlement Act of 1971. The 

closed acres in this table represent the acreage that would remain closed to geothermal leasing if the 

Secretary of the Interior revoked the withdrawal from all public lands in the planning area. 

* Plans are under revision but the record of decision for these plans has not been signed. These field 

offices elect to amend their existing RMP/MFP with the decisions in this PEIS until their RMP record 

of decision is signed. 

† Oregon and Washington Districts manage RMPs in their respective states. 

MP = Management Plan 

MFP = Management Framework Plan 

RMP = Resource Management Plan 

 

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Appendix A. Resource Management Plan Amendments for Geothermal Leasing 

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A-8 Record of Decision for Geothermal Leasing in the Western US 

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APPENDIX B 

BEST MANAGEMENT PRACTICES – MITIGATION 

MEASURES

Best Management Practices are state-of-the-art mitigation measures applied on a 

site-specific basis to avoid, minimize, reduce, rectify, or compensate for adverse 

environmental or social impacts. They are applied to management actions to aid 

in achieving desired outcomes for safe, environmentally responsible resource 

development, by preventing, minimizing, or mitigating adverse impacts and 

reducing conflicts. 

This appendix provides a list of sample BMPs that have been collected from 

various BLM and FS documents addressing geothermal and fluid mineral leasing 

and development, including resource management plans, forest plans, and 

environmental reports for geothermal leasing and development. The purpose of 

this appendix is to provide a list of recommended BMPs that would be 

incorporated as appropriate into the permit application by the lessee or would 

be included in the approved use authorization by the BLM as conditions of 

approval. When implementing new BMPs, offices are encouraged to work with 

an affected lessee early in the process, to explain how BMPs may fit into their 

development proposals and how BMPs can be implemented with the least 

economic impact to the lessee. Offices should discuss potential resource 

impacts with the lessee and seek the operator’s recommended solutions. The 

office should also encourage the lessee to incorporate necessary and effective 

BMPs into their project proposal. BMPs not incorporated into the permit 

application by the lessee may be considered and evaluated through the 

environmental review process and incorporated into the use authorization as 

conditions of approval or rights-of-way stipulations. 

All offices will incorporate appropriate environmental BMPs into proposed use 

authorizations after appropriate environmental review. Environmental BMPs to 

be considered in nearly all circumstances include the following: 

Record of Decision for Geothermal Leasing in the Western US B-1 

December 2008 
Appendix B. Best Management Practices – Mitigation Measures 

• Interim reclamation of well locations and access roads soon after 

the well is put into production; 

• Painting of all new facilities a color that best allows the facility to 

blend with the background, typically a vegetated background; 

• Design and construction of all new roads to a safe and appropriate 

standard, “no higher than necessary” to accommodate their 

intended use; and 

• Final reclamation recontouring of all disturbed areas, including 

access roads, to the original contour or a contour that blends with 

the surrounding topography. 

Other environmental BMPs are more suitable for consideration by an 

administrative unit on a case-by-case basis, (1) depending on their effectiveness, 

(2) the balancing of increased operating costs vs. the benefit to the public and 

resource values, (3) the availability of less restrictive mitigation alternatives that 

accomplish the same objective, and (4) other site specific factors. Examples of 

typical, case-by-case BMPs are identified below. 

Guidelines for applying and selecting project-specific requirements include 

determining whether the measure would (1) ensure compliance with relevant 

statutory or administrative requirements, (2) minimize local impacts associated 

with siting and design decisions, (3) promote post construction stabilization of 

impacts, (4) maximize restoration of previous habitat conditions, (5) minimize 

cumulative impacts, or (6) promote economically feasible development of 

geothermal energy on BLM-administered or FS-administered land. 

The following typical BMPs provide the BLM, FS, industry, and stakeholders a 

menu of improved practices for developing geothermal energy and minimize 

impacts to the biophysical and cultural landscape. The list is extensive but is not 

meant to be all inclusive given the constant development of improved practices, 

diversity of the western states, and potential for unique site-specific conditions. 

Local land use plans may contain other BMPs that better address such unique 

situations. Where the BMPs presented here are inconsistent with or 

incompatible with those developed under a specific land use plan, the staff will 

conduct an environmental review to determine the appropriate practices. 

Only those individual mitigation measures reasonably necessary to ensure 

environmentally responsible geothermal development should be selected from 

the list below. Not all of the individual mitigation measures below will apply in 

most situations and selection of appropriated BMPs and mitigation measures 

should be dependent on factors such as the project size, location, site specific 

characteristics, and potential resource impacts. Prior to inclusion into a permit, 

the measures may be further modified to meet site-specific situations and 

agency requirements. 

B-2 Record of Decision for Geothermal Leasing in the Western US 

 December 2008 
Appendix B. Best Management Practices – Mitigation Measures 

A menu of typical BMPs can also be found on the BLM Washington Office Fluid 

Minerals Web site at: www.blm.gov/bmp. 

Note: Commenters to the Draft PEIS noted that the list of BMPs and mitigation 

measures appeared to be redundant, contradictory, confusing, and placed 

extensive emphasis on certain resources while deemphasizing others. The 

following list has been consolidated and updated to address those concerns. The 

BMPs and mitigation measures are arranged from Information Collection and 

Monitoring to Final Reclamation and have been further subcategorized. While 

many of the BMPs and mitigation measures will apply to all phases of geophysical 

exploration and development; to avoid duplication, the measures are listed only 

once. 

B.1 INFORMATION COLLECTION & MONITORING 

B.1.1 General 

• Prior to geothermal exploration and development, a complete 

subsurface geotechnical investigation will be conducted to analyze 

the soil and geologic conditions. The investigation will evaluate and 

identify potential geologic hazards and would provide remedial 

grading recommendations, foundation and slab design criteria, and 

soil parameters for the design of geothermal power infrastructure. 

• The operator will collect available information describing the 

environmental and socio-cultural conditions in the vicinity of the 

proposed project and will provide the information to the agency. 

• A monitoring program will be developed by the operator to ensure 

that environmental conditions are monitored during the exploration 

and well drilling, testing, construction, and utilization and 

reclamation phases. The monitoring program requirements, 

including adaptive management strategies, will be established at the 

project level to ensure that potential adverse impacts of geothermal 

development are mitigated. The monitoring program will identify 

the monitoring requirements for each major environmental 

resource present at the site, establish metrics against which 

monitoring observations can be measured, identify potential 

mitigation measures, and establish protocols for incorporating 

monitoring observations and additional mitigation measures into 

ongoing activities. The operator will provide results of the 

monitoring program to the agency in an annual report. 

• The operator will comply with the Secretary of Agriculture’s rules 

and regulations for all use and occupancy of the NFS lands prior to 

approval of an exploration plan by the Secretary of Interior and for 

uses of all existing improvements, such as forest development roads, 

Record of Decision for Geothermal Leasing in the Western US B-3 

December 2008 
Appendix B. Best Management Practices – Mitigation Measures 

within and outside the area permitted by the Secretary of Interior; 

and use and occupancy of the NFS lands not authorized by an 

exploration plan approved by the Secretary of Interior. 

B.1.2 Paleontological and Cultural Resources 

• Before any specific permits are issued under leases, treatment of 

cultural resources will follow the procedures established by the 

Advisory Council on Historic Preservation for compliance with 

Section 106 of the National Historic Preservation Act. A pedestrian 

inventory will be undertaken of all portions that have not been 

previously surveyed or are identified by BLM as requiring inventory 

to identify properties that are eligible for the National Register of 

Historic Places (NRHP). Those sites not already evaluated for 

NRHP eligibility will be evaluated based on surface remains, 

subsurface testing, archival, and/or ethnographic sources. Subsurface 

testing will be kept to a minimum whenever possible if sufficient 

information is available to evaluate the site or if avoidance is an 

expected mitigation outcome. Recommendations regarding the 

eligibility of sites will be submitted to the BLM, and a treatment plan 

will be prepared to detail methods for avoidance of impacts or 

mitigation of effects. The BLM will make determinations of eligibility 

and effect and consult with SHPO as necessary based on each 

proposed lease application and project plans. The BLM may require 

modification to exploration or development proposals to protect 

such properties, or disapprove any activity that is likely to result in 

adverse effects that cannot be successfully avoided, minimized or 

mitigated. Avoidance of impacts through project design will be given 

priority over data recovery as the preferred mitigation measure. 

Avoidance measures include moving project elements away from 

site locations or to areas of previous impacts, restricting travel to 

existing roads, and maintaining barriers and signs in areas of cultural 

sensitivity. Any data recovery will be preceded by approval of a 

detailed research design, Native American Consultation, and other 

requirements for BLM issuance of a permit under the 

Archaeological Resources Protection Act (BLM 2007a). 

• If cultural resources are present at the site, or if areas with a high 

potential to contain cultural material have been identified, a cultural 

resources management plan (CRMP) will be developed. This plan 

will address mitigation activities to be taken for cultural resources 

found at the site. Avoidance of the area is always the preferred 

mitigation option. Other mitigation options include archaeological 

survey and excavation (as warranted) and monitoring. If an area 

exhibits a high potential, but no artifacts were observed during an 

archaeological survey, monitoring by a qualified archaeologist could 

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Appendix B. Best Management Practices – Mitigation Measures 

be required during all excavation and earthmoving in the highpotential area. A report will be prepared documenting these 

activities. The CRMP also will (1) establish a monitoring program, 

(2) identify measures to prevent potential looting/vandalism or 

erosion impacts, and (3) address the education of workers and the 

public to make them aware of the consequences of unauthorized 

collection of artifacts and destruction of property on public land 

(BLM 2005). 

• Operators will determine whether paleontological resources exist 

in a project area on the basis of the sedimentary context of the 

area, a records search for past paleontological finds in the area, 

and/or, depending on the extent of existing information, a 

paleontological survey. 

• If paleontological resources are present at the site, or if areas with a 

high potential to contain paleontological material have been 

identified, a paleontological resources management plan will be 

developed. This plan will include a mitigation plan for avoidance, 

removal of fossils, or monitoring. If an area exhibits a high potential 

but no fossils were observed during survey, monitoring by a 

qualified paleontologist may be required during excavation and 

earthmoving in the sensitive area. The operator will submit a report 

to the agency documenting these activities. The paleontological 

resources management plan also will (1) establish a monitoring 

program, (2) identify measures to prevent potential 

looting/vandalism or erosion impacts, and (3) address the education 

of workers and the public to make them aware of the consequences 

of unauthorized collection of fossils on public land. 

B.1.3 Water Resources 

• In coordination with State regulatory agencies the operator will 

comply with all State and Federal surface and ground water rules 

and regulations for all phases of geothermal exploration, 

development, and reclamation. 

• Operators will develop a storm water management plan for the site 

to ensure compliance with applicable regulations and prevent offsite migration of contaminated storm water or increased soil 

erosion. 

• Operators will gain a clear understanding of the local hydrogeology. 

Areas of groundwater discharge and recharge and their potential 

relationships with surface water bodies will be identified. 

• Operators will avoid creating hydrologic conduits between discrete 

aquifers during foundation excavation and other activities. 

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Appendix B. Best Management Practices – Mitigation Measures 

• Freshwater-bearing and other usable water aquifers will be 

protected from contamination by assuring all well casing (excluding 

the liner) is required to be cemented from the casing shoe to the 

surface. 

• Periodic testing and monitoring via observation wells will be 

conducted in a manner to assure maximum protection of water 

resources from geothermal fluids or alterations in reservoir 

pressure. 

B.1.4 Vegetation and Fish and Wildlife 

• The operator will conduct surveys for plant and animal species that 

are listed or proposed for listing as threatened or endangered and 

their habitats in areas proposed for development where these 

species could potentially occur, following accepted protocols and in 

consultation with the USFWS or NMFS, as appropriate. Particular 

care should be taken to avoid disturbing listed species during 

surveys in any designated critical habitat. The operator will monitor 

activities and their effects on ESA-listed species throughout the 

duration of the project. 

• The operator will identify important, sensitive, or unique habitat and 

biota in the project vicinity and site and should design the project to 

avoid (if possible), minimize, or mitigate potential impacts on these 

resources. The design and siting of the facilities will follow 

appropriate guidance and requirements from the BLM, FS, and other 

resource agencies, as available and applicable. 

B.1.5 National Scenic and Historic Trails 

• When any right-of-way application includes remnants of a National 

Historic Trail, is located within the viewshed of a National Historic 

Trail’s designated centerline, or includes or is within the viewshed 

of a trail eligible for listing on the NRHP, the operator will evaluate 

the potential visual impacts to the trail associated with the proposed 

project and identify appropriate mitigation measures for inclusion in 

the operation plan. 

B.1.6 Air Quality and Climate 

• The operator will coordinate with the [State Air Quality Division] 

to develop and implement an air quality monitoring plan. 

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Appendix B. Best Management Practices – Mitigation Measures 

B.2 PLANNING, LOCATION, AND DESIGN 

B.2.1 Traffic Planning 

• Operators will consult with local planning authorities regarding 

increased traffic prior to the construction phase, including an 

assessment of the number of vehicles per day, their size, and type. 

Specific issues of concern (e.g., location of school bus routes and 

stops) will be identified and addressed in the traffic management 

plan. 

B.2.2 Roads & Pads 

• To plan for efficient use of the land, necessary infrastructure will be 

consolidated wherever possible. 

• Existing roads and pad sites will be used to the maximum extent 

feasible, but only if located in a safe and environmentally sound 

location. No new roads and pad sites will be constructed without 

agency authorization. If new roads and pad sites have been 

authorized, they will be designed and constructed by the operator 

to the appropriate agency standard, no higher than necessary to 

accommodate their intended function. Roads and pad sites will be 

routinely maintained by the operator maintain public safety and to 

minimize impacts to the environment such as erosion, 

sedimentation, fugitive dust, loss of vegetation. 

• An access road siting and management plan will be prepared 

incorporating existing Agency standards regarding road design, 

construction, and maintenance such as those described in the BLM 

9113 Manual and the Surface Operating Standards for Oil and Gas 

Exploration and Development (i.e., the Gold Book, 4th Edition, 2007). 

• A traffic management plan will be prepared for the site access roads 

to ensure that no hazards would result from the increased truck 

traffic and that traffic flow would not be adversely impacted. This 

plan will incorporate measures such as informational signs, flaggers 

when equipment may result in blocked throughways, and traffic 

cones to identify any necessary changes in temporary lane 

configuration. 

• Where possible, access roads will be located to follow natural 

contours and minimize side hill cuts and fills. Excessive grades on 

roads, road embankments, ditches, and drainages will be avoided, 

especially in areas with erodible soils. 

• Roads will be designed so that changes to surface water runoff are 

minimized and new erosion is not initiated. 

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Appendix B. Best Management Practices – Mitigation Measures 

• Access roads will be located to minimize stream crossings. All 

structures crossing streams will be located and constructed so that 

they do not decrease channel stability or increase water velocity. 

Operators will obtain all applicable federal and state water crossing 

permits. 

• Roads will be located away from drainage bottoms and avoid 

wetlands, if practicable. 

B.2.3 Geotechnical Analysis 

• The operator will perform a detailed geotechnical analysis prior to 

the construction of any structures; so they will be sited to avoid any 

hazards from subsidence or liquefaction (i.e., the changing of a 

saturated soil from a relatively stable solid state to a liquid during 

earthquakes or nearby blasting). 

B.2.4 Visual Mitigation 

• The operator will incorporate visual design considerations into the 

planning and design of the project to minimize potential visual 

impacts of the proposal and to meet the Visual Resource 

Management objectives of the area and the agency. 

B.2.5 Visual Design Considerations 

• Construct low-profile structures whenever possible to reduce 

structure visibility. 

• Select and design materials and surface treatments to repeat or 

blend with landscape elements. 

• Site projects outside of the viewsheds of publically accessible 

vantage points, or if this cannot be avoided, as far away as possible; 

• Site projects to take advantage of both topography and vegetation 

as screening devices to restrict views of projects from visually 

sensitive areas; 

• Site facilities away from and not adjacent to prominent landscape 

features (e.g., knobs and water features); 

• Avoid placing facilities on ridgelines, summits, or other locations 

such that they will be silhouetted against the sky from important 

viewing locations; 

• Collocate facilities to the extent possible to use existing and shared 

rights-of-way, existing and shared access and maintenance roads, 

and other infrastructure to reduce visual they do not bisect ridge 

tops or run down the center of valley bottoms. 

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Appendix B. Best Management Practices – Mitigation Measures 

• Site linear features (aboveground pipelines, rights-of-way, and roads) 

to follow natural land contours rather than straight lines 

(particularly up slopes) when possible. Fall-line cuts should be 

avoided. 

• Site facilities, especially linear facilities, to take advantage of natural 

topographic breaks (i.e., pronounced changes in slope) to avoid 

siting facilities on steep side slopes. 

• Where available, site linear features such as rights-of-ways and 

roads to follow the edges of clearings (where they will be less 

conspicuous) rather than passing through the centers of clearings. 

• Site facilities to take advantage of existing clearings to reduce 

vegetation clearing and ground disturbance, where possible. 

• Site linear features (e.g., trails, roads, rivers) to cross other linear 

features at right angles whenever possible to minimize viewing area 

and duration. 

• Site and design structures and roads to minimize and balance cuts 

and fills and to preserve existing rocks, vegetation, and drainage 

patterns to the maximum extent possible. 

• Use appropriately colored materials for structures or appropriate 

stains and coatings to blend with the project’s backdrop. Refer to 

the Standard Environmental Colors chart available from the BLM. 

• Use non-reflective or low-reflectivity materials, coatings, or paints 

whenever possible. 

• Paint grouped structures the same color to reduce visual 

complexity and color contrast. 

• Design and install efficient facility lighting so that the minimum 

amount of lighting required for safety and security is provided but 

not exceeded and so that upward light scattering (light pollution) is 

minimized. This may include, for example, installing shrouds to 

minimize light from straying off-site, properly directing light to only 

illuminate necessary areas, and installing motion sensors to only 

illuminate areas when necessary. 

• Site construction staging areas and laydown areas outside of the 

viewsheds of publically accessible vantage points and visually 

sensitive areas, where possible, including siting in swales, around 

bends, and behind ridges and vegetative screens. 

• Discuss visual impact mitigation objectives and activities with 

equipment operators prior to commencement of construction 

activities. 

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Appendix B. Best Management Practices – Mitigation Measures 

• Mulch or scatter slash from vegetation removal and spread it to 

cover fresh soil disturbances or, if not possible, bury or compost 

slash. 

• If slash piles are necessary, stage them out of sight of sensitive 

viewing areas. 

• Avoid installing gravel and pavement where possible to reduce color 

and texture contrasts with existing landscape. 

• Use excess fill to fill uphill-side swales resulting from road 

construction in order to reduce unnatural-appearing slope 

interruption and to reduce fill piles. 

• Avoid downslope wasting of excess fill material. 

• Round road-cut slopes, vary cut and fill pitch to reduce contrasts in 

form and line, and vary slope to preserve specimen trees and 

nonhazardous rock outcroppings. 

• Leave planting pockets on slopes where feasible. 

• Combine methods of re-establishing native vegetation through 

seeding, planting of nursery stock, transplanting of local vegetation 

within the proposed disturbance areas and staging of construction 

enabling direct transplanting. 

• Revegetate with native vegetation establishing a composition 

consistent with the form, line, color, and texture of the 

surrounding undisturbed landscape.” 

• Provide benches in rock cuts to accent natural strata. 

• Use split-face rock blasting to minimize unnatural form and texture 

resulting from blasting. 

• Segregate topsoil from cut and fill activities and spread it on freshly 

disturbed areas to reduce color contrast and to aid rapid 

revegetation. 

• Bury utility cables in or adjacent to the road where feasible. 

• Minimize signage and paint or coat reverse sides of signs and 

mounts to reduce color contrast with existing landscape. 

• Prohibit trash burning; store trash in containers to be hauled off-site 

for disposal. 

• Undertake interim restoration during the operating life of the 

project as soon as possible after disturbances. During road 

maintenance activities, avoid blading existing forbs and grasses in 

ditches and along roads. 

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Appendix B. Best Management Practices – Mitigation Measures 

• Randomly scarify cut slopes to reduce texture contrast with existing 

landscape and to aid in revegetation. 

• Cover disturbed areas with stockpiled topsoil or mulch, and 

revegetate with a mix of native species selected for visual 

compatibility with existing vegetation. 

• Restore rocks, brush, and natural debris whenever possible to 

approximate preexisting visual conditions. 

B.2.6 Air Quality and Climate 

• The operator will prepare and submit to the agency an Equipment 

Emissions Mitigation Plan for managing diesel exhaust, An Equipment 

Emissions Mitigation Plan will identify actions to reduce diesel 

particulate, carbon monoxide, hydrocarbons, and nitrogen oxides 

associated with construction and drilling activities. The Equipment 

Emissions Mitigation Plan will require that all drilling/constructionrelated engines are maintained and operated as follows: 

o Are tuned to the engine manufacturer’s specification in 

accordance with an appropriate time frame. 

o Do not idle for more than five minutes (unless, in the case 

of certain drilling engines, it is necessary for the operating 

scope). 

o Are not tampered with in order to increase engine

horsepower. 

o Include particulate traps, oxidation catalysts, and other 

suitable control devices on all drilling/construction 

equipment used at the project site. 

o Use diesel fuel having a sulfur content of 15 parts per 

million or less, or other suitable alternative diesel fuel, 

unless such fuel cannot be reasonably procured in the 

market area. 

o Include control devices to reduce air emissions. The 

determination of which equipment is suitable for control 

devices should be made by an independent Licensed 

Mechanical Engineer. Equipment suitable for control devices 

may include drilling equipment, work over and service rigs, 

mud pumps, generators, compressors, graders, bulldozers, 

and dump trucks. 

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December 2008 
Appendix B. Best Management Practices – Mitigation Measures 

B.2.7 Health and Safety 

• Operators will develop a hazardous materials management plan 

addressing storage, use, transportation, and disposal of each 

hazardous material anticipated to be used at the site. The plan will 

identify all hazardous materials that would be used, stored, or 

transported at the site. It will establish inspection procedures, 

storage requirements, storage quantity limits, inventory control, 

nonhazardous product substitutes, and disposition of excess 

materials. The plan will also identify requirements for notices to 

federal and local emergency response authorities and include 

emergency response plans. 

• Operators will develop a waste management plan identifying the 

waste streams that are expected to be generated at the site and 

addressing hazardous waste determination procedures, waste 

storage locations, waste-specific management and disposal 

requirements, inspection procedures, and waste minimization 

procedures. This plan will address all solid and liquid wastes that 

may be generated at the site. 

• Operators will develop a spill prevention and response plan 

identifying where hazardous materials and wastes are stored on site, 

spill prevention measures to be implemented, training requirements, 

appropriate spill response actions for each material or waste, the 

locations of spill response kits on site, a procedure for ensuring that 

the spill response kits are adequately stocked at all times, and 

procedures for making timely notifications to authorities. 

• A safety assessment will be conducted to describe potential safety 

issues and the means that would be taken to mitigate them, 

including issues such as site access, construction, safe work 

practices, security, heavy equipment transportation, traffic 

management, emergency procedures, and fire control. 

• A health and safety program will be developed to protect both 

workers and the general public during construction and operation 

of geothermal projects. 

• Regarding occupational health and safety, the program will identify 

all applicable federal and state occupational safety standards; 

establish safe work practices for each task (e.g., requirements for 

personal protective equipment and safety harnesses; Occupational 

Safety and Health Administration standard practices for safe use of 

explosives and blasting agents; and measures for reducing 

occupational electric and magnetic fields exposures); establish fire 

safety evacuation procedures; and define safety performance 

standards (e.g., electrical system standards and lightning protection 

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Appendix B. Best Management Practices – Mitigation Measures 

standards). The program will include a training program to identify 

hazard training requirements for workers for each task and establish 

procedures for providing required training to all workers. 

Documentation of training and a mechanism for reporting serious 

accidents to appropriate agencies will be established. 

• Regarding public health and safety, the health and safety program 

will establish a safety zone or setback for generators from 

residences and occupied buildings, roads, right-of-ways, and other 

public access areas that is sufficient to prevent accidents resulting 

from the operation of generators. It will identify requirements for 

temporary fencing around staging areas, storage yards, and 

excavations during construction or rehabilitation activities. It will 

also identify measures to be taken during the operation phase to 

limit public access to hazardous facilities (e.g., permanent fencing 

would be installed only around electrical substations, and facility 

access doors would be locked). 

• Operators will consult with local planning authorities regarding 

increased traffic during the construction phase, including an 

assessment of the number of vehicles per day, their size, and type. 

Specific issues of concern (e.g., location of school bus routes and 

stops) will be identified and addressed in the traffic management 

plan. 

• Operators will develop a fire management strategy to implement 

measures to minimize the potential for a human-caused fire. 

B.2.8 Livestock Grazing 

• The operator will coordinate with livestock operators to minimize 

impacts to livestock operations. 

B.2.9 Noxious Weeds and Pesticides 

• Operators will develop a plan for control of noxious weeds and 

invasive species, which could occur as a result of new surface 

disturbance activities at the site. The most recent recommendations 

at the state and local level should be incorporated into any 

operating plan for the geothermal exploration and development. 

The plan will address monitoring, education of personnel on weed 

identification, the manner in which weeds spread, and methods for 

treating infestations. The use of certified weed-free mulching will be 

required. If trucks and construction equipment are arriving from 

locations with known invasive vegetation problems, a controlled 

inspection and cleaning area will be established to visually inspect 

construction equipment arriving at the project area and to remove 

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Appendix B. Best Management Practices – Mitigation Measures 

and collect seeds that may be adhering to tires and other equipment 

surfaces. 

• If pesticides are used on the site, an integrated pest management 

plan will be developed to ensure that applications would be 

conducted within the framework of all Federal, State, and local laws 

and regulations and entail only the use of EPA-registered pesticides. 

B.2.10 Vegetation and Fish and Wildlife 

• The operator will prepare a habitat restoration plan to avoid (if 

possible), minimize, or mitigate negative impacts on vulnerable 

wildlife while maintaining or enhancing habitat values for other 

species. The plan will identify revegetation, soil stabilization, and 

erosion reduction measures that will be implemented to ensure that 

all temporary use areas are restored. The plan will require that 

restoration occur as soon as possible after completion of activities 

to reduce the amount of habitat converted at any one time and to 

speed up the recovery to natural habitats. 

B.3 CONSTRUCTION 

B.3.1 Traffic Management 

• Traffic will be restricted to the roads developed for the project. Use 

of other unimproved roads will be restricted to emergency 

situations. 

• Signs will be placed along roads to identify speed limits, travel 

restrictions, and other standard traffic control information. Signs 

directing vehicles to alternative park access and parking will be 

posted in the event construction temporarily obstructs recreational 

parking areas near trailheads. Whenever active work is being 

performed, the area will be posted with “construction ahead” signs 

on any adjacent access roads or trails that might be affected. 

• Project personnel and contractors will be instructed and required 

to adhere to speed limits commensurate with road types, traffic 

volumes, vehicle types, and site-specific conditions, to ensure safe 

and efficient traffic flow and to reduce wildlife collisions and 

disturbance and fugitive dust. 

• When practical, construction activities will be avoided during high 

recreational use periods. 

B.3.2 Roads & Pads 

• The operator will obtain agency authorization prior to borrowing 

soil or rock material from agency lands. 

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Appendix B. Best Management Practices – Mitigation Measures 

• Road use will be restricted during the wet season if road surfacing is 

not adequate to prevent soil displacement, rutting, etc., and 

resultant stream sedimentation. 

• Access roads and on-site roads will be surfaced with aggregate 

materials where necessary to provide a stable road surface, support 

anticipated traffic, reduce fugitive dust, and prevent erosion. 

• Dust abatement techniques will be used before and during surface 

clearing, excavation, or blasting activities. Dust abatement 

techniques will be used on unpaved, unvegetated surfaces to 

minimize fugitive dust. Speed limits (e.g., 25 mph [40 kph]) will be 

posted and enforced to reduce fugitive dust. Construction materials 

and stockpiled soils will be covered if they are a source of fugitive 

dust. 

• Culvert outlets will be rip-rapped to dissipate water energy at the 

outlet and reduce erosion. Catch basins, roadway ditches, and 

culverts will be cleaned and maintained regularly. 

B.3.3 Pipelines 

• Pipelines constructed above ground due to thermal gradient 

induced expansion and contraction will rest on cradles above 

ground level, allowing small animals to pass underneath. Projects 

should be analyzed to ensure adequate passage for all wildlife 

species. The pipeline will be raised higher to allow wildlife passage 

where needed. Because pipeline corridors through certain habitat 

types can alter local predator-prey dynamics by providing predators 

with lines of sight and travel corridors, large projects should be 

analyzed to ensure there will be no significant changes to predatorprey balance. 

B.3.4 Utilities 

• Underground utilities will be installed to minimize the amount of 

open trenches at any given time, keeping trenching and backfilling 

crews close together. Avoid leaving trenches open overnight. 

Where trenches cannot be back-filled immediately, escape ramps 

should be constructed at least every 100 feet. 

B.4 SPECIFIC RESOURCES 

B.4.1 Cultural and Paleontological Resources 

• Unexpected discovery of cultural or paleontological resources 

during construction will be brought to the attention of the 

responsible BLM authorized officer immediately. Work will be 

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Appendix B. Best Management Practices – Mitigation Measures 

halted in the vicinity of the find to avoid further disturbance to the 

resources while they are being evaluated and appropriate mitigation 

measures are being developed. 

B.4.2 Noise 

• The operator will take measurements to assess the existing 

background noise levels at a given site and compare them with the 

anticipated noise levels associated with the proposed project. 

• Within [2] miles of existing, occupied residences, geothermal well 

drilling or major facility construction operations will be restricted to 

non-sleeping hours (7:00 am to 10:00 pm). 

• All equipment will have sound-control devices no less effective than 

those provided on the original equipment. All construction 

equipment used will be adequately muffled and maintained. 

• All stationary construction equipment (i.e., compressors and 

generators) will be located as far as practicable from nearby 

residences. 

• If blasting or other noisy activities are required during the 

construction period, nearby residents will be notified by the 

operator at least 1 hour in advance. 

• Explosives will be used only within specified times and at specified 

distances from sensitive wildlife or streams and lakes, as established 

by the federal and state agencies. 

B.4.3 Noxious Weeds and Pesticides 

• The use of certified, weed-free mulch will be required when 

stabilizing areas of disturbed soil. 

• If trucks and construction equipment are arriving from locations 

with known invasive vegetation problems, a controlled inspection 

and cleaning area will be established to visually inspect construction 

equipment arriving at the project area and to remove and collect 

seeds that may be adhering to tires and other equipment surfaces. 

• Fill materials and road surfacing materials that originate from areas 

with known invasive vegetation problems will not be used. 

• Revegetation, habitat restoration and weed control activities will be 

initiated as soon as possible after construction activities are 

completed. 

• Use of pesticides must be approved by the agency. Pesticide use will 

be limited agency approved pesticides and will only be applied in 

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Appendix B. Best Management Practices – Mitigation Measures 

accordance with label and application permit directions and 

stipulations for terrestrial and aquatic applications. 

B.4.4 Waste Management 

• All refueling will occur in a designated fueling area that includes a 

temporary berm to limit the spread of any spill. 

• Drip pans will be used during refueling to contain accidental 

releases. 

• Drip pans will be used under fuel pump and valve mechanisms of 

any bulk fueling vehicles parked at the construction site. 

• Any containers used to collect liquids will be enclosed or screened 

to prevent access to contaminants by wildlife, livestock, and 

migratory birds. 

• Spills will be immediately addressed per the spill management plan, 

and soil cleanup and removal initiated as soon as feasible. 

B.4.5 Wild Horses and Burros 

• The operator will ensure employees, contractors, and site visitors 

avoid harassment and disturbance of wild horses and burros, 

especially during reproductive (e.g., breeding and birthing) seasons. 

In addition, any pets will be controlled to avoid harassment and 

disturbance of wild horses and burros. 

• Observations of potential problems regarding wild horses or 

burros, including animal mortality, will be immediately reported to 

the agency. 

B.4.6 Wildlife 

• The operator will ensure that employees, contractors, and site 

visitors avoid harassment and disturbance of wildlife, especially 

during reproductive (e.g., courtship and nesting) seasons. In 

addition, pets will be controlled or excluded to avoid harassment 

and disturbance of wildlife. 

• Ponds, tanks and impoundments (including but not limited to drill 

pits) containing liquids can present hazards to wildlife. Any liquids 

contaminated by substances which may be harmful due to toxicity, 

or fouling of the fur or feathers (detergents, oils), should be 

excluded from wildlife access by fencing, netting or covering at all 

times when not in active use. Liquids at excessive temperature 

should likewise be excluded. If exclusion is not feasible, such as a 

large pond, a hazing program based on radar or visual detection, in 

conjunction with formal monitoring, should be implemented. Clean 

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Appendix B. Best Management Practices – Mitigation Measures 

water impoundments can also present a trapping hazard if they are 

steep-sided or lined with smooth material. All pits, ponds and tanks 

should have escape ramps functional at any reasonably anticipated 

water level, down to almost empty. Escape ramps can take various 

forms depending on the configuration of the impoundment. Earthen 

pits may be constructed with one side sloped 3:1 or greater lined 

ponds can use textured material; straight-sided tanks can be fitted 

with expanded metal escape ladders. 

B.5 OPERATIONS/UTILIZATION 

• “Good housekeeping” procedures will be developed by the 

operator to ensure that during all phases of exploration and 

operation the site will be kept clean of noxious weeds, debris, litter, 

garbage, fugitive trash or waste, and graffiti. Scrap heaps and dumps 

are prohibited. Storage yards are to be minimized to that which is 

absolutely necessary. 

B.6 RECLAMATION 

The following objectives, performance standards, and recommended 

reclamation BMPs and mitigation measures are based on the standards and 

guidelines found in the BLM and Forest Service Gold Book, 4th Edition, updated 

in 2007. 

[ ] Indicates site-specific values to be filled in by the authorized officer. 

B.6.1 Reclamation Objectives 

• The objective of interim reclamation is to restore vegetative cover 

and a portion of the landform sufficient to maintain healthy, 

biologically active topsoil; control erosion; and minimize habitat, 

visual, and forage loss during the life of the well or facilities. 

• The long-term objective of final reclamation is to return the land to 

a condition approximating that which existed prior to disturbance. 

This includes restoration of the landform and natural vegetative 

community, hydrologic systems, visual resources, and wildlife 

habitats. To ensure that the long-term objective will be reached 

through human and natural processes, actions will be taken to 

ensure standards are met for site stability, visual quality, hydrological 

functioning, and vegetative productivity. 

B.6.2 Reclamation Performance Standards 

The following reclamation performance standards will be met: 

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Appendix B. Best Management Practices – Mitigation Measures 

Interim Reclamation 

Includes disturbed areas that may be redisturbed during operations and will be 

redisturbed at final reclamation to achieve restoration of the original landform 

and a natural vegetative community. 

• Disturbed areas not needed for active, long-term production 

operations or vehicle travel have been recontoured, protected from 

erosion, and revegetated with a self-sustaining, vigorous, diverse, 

native (or as otherwise approved) plant community sufficient to 

minimize visual impacts, provide forage, stabilize soils, and impede 

the invasion of noxious, invasive, and non-native weeds. 

Final Reclamation

Includes disturbed areas where the original landform and a natural vegetative 

community have been restored. 

• The original landform has been restored for all disturbed areas 

including well pads, production facilities, roads, pipelines, and utility 

corridors. 

• General: A self-sustaining, vigorous, diverse, native (or otherwise 

approved) plant community is established on the site, with a density 

sufficient to control erosion and invasion by non-native plants and 

to reestablish wildlife habitat or forage production. At a minimum, 

the established plant community will consist of species included in 

the seed mix and/or desirable species occurring in the surrounding 

natural vegetation. 

• Specific: No single species will account for more than [30]% total 

vegetative composition unless it is evident at higher levels in the 

adjacent landscape. Permanent vegetative cover will be determined 

successful when the basal cover of desirable perennial species is at 

least [80]% of the basal cover on adjacent or nearby undisturbed 

areas where vegetation is in a healthy condition; or [80]% of the 

potential basal cover as defined in the National Resource 

Conservation Service Ecological Site(s) for the area. Plants must be 

resilient as evidenced by well-developed root systems and flowers. 

[Shrubs, will be well established and in a “young” age class at a 

minimum (therefore, not comprised mainly of seedlings that may 

not survive until the following year).]

• In agricultural areas, irrigation systems and soil conditions are 

reestablished in such a way as to ensure successful cultivation and 

harvesting of crops.

• Erosion features are equal to or less than surrounding area and 

erosion control is sufficient so that water naturally infiltrates into 

Record of Decision for Geothermal Leasing in the Western US B-19 

December 2008 
Appendix B. Best Management Practices – Mitigation Measures 

the soil and gullying, headcutting, slumping, and deep or excessive 

rills (greater than 3 inches) are not observed. 

• The site is free of State- or county-listed noxious weeds, oil field 

debris and equipment, and contaminated soil. Invasive and nonnative weeds are controlled.

B.6.3 Reclamation Actions 

• During initial well pad, production facility, road, pipeline, and utility 

corridor construction and prior to completion of the final well on 

the well pad, pre-interim reclamation stormwater management 

actions will be taken to ensure disturbed areas are quickly stabilized 

to control surface water flow and to protect both the disturbed and 

adjacent areas from erosion and siltation. This may involve 

construction and maintenance of temporary silt ponds, silt fences, 

berms, ditches, and mulching. 

• When the last well on the pad has been completed, some portions 

of the well location will undergo interim reclamation and some 

portions of the well pad will usually undergo final reclamation. Most 

well locations will have limited areas of bare ground, such as a small 

area around production facilities or the surface of a rocked road. 

Other areas will have interim reclamation where workover rigs and 

fracturing tanks may need a level area to set up in the future. Some 

areas will undergo final reclamation where portions of the well pad 

will no longer be needed for production operations and can be 

recontoured to restore the original landform. 

• The following minimum reclamation actions will be taken to ensure 

that the reclamation objectives and standards are met. It may be 

necessary to take additional reclamation actions beyond the 

minimum in order to achieve the Reclamation Standards. 

B.6.4 Reclamation - General 

Procedure: 

• The agency will be notified 24 hours prior to commencement of any 

reclamation operations. 

Housekeeping: 

• Immediately upon well completion, the well location and 

surrounding areas(s) will be cleared of, and maintained free of, all 

debris, materials, trash, and equipment not required for production. 

• No hazardous substances, trash, or litter will be buried or placed in 

pits. Upon well completion, any hydrocarbons in the pit will be 

remediated or removed. 

B-20 Record of Decision for Geothermal Leasing in the Western US 

 December 2008 
Appendix B. Best Management Practices – Mitigation Measures 

Vegetation Clearing: 

• Vegetation removal and the degree of surface disturbance will be 

minimized wherever possible. 

• [Example of site-specific requirement: During vegetation clearing 

activities, trees and woody vegetation removed from the well pad 

and access road will be moved aside prior to any soil disturbing 

activities. Care will be taken to avoid mixing soil with the trees and 

woody vegetation. Trees left for wood gathering will be cut [twelve 

inches or less from the ground], delimbed, and the trunks, six (6) 

inches or more in diameter will be removed and placed either by 

the uphill side of the access road, or moved to the end of the road, 

or to a road junction for easy access for wood gatherers and to 

reduce vehicle traffic on the well pad. Trees with a trunk diameter 

less than six (6) inches and woody vegetation will be used to trap 

sediment, slow runoff, or scattered on reclaimed areas to stabilize 

slopes, control erosion, and improve visual resources.] 

Topsoil Management: 

• Operations will disturb the minimum amount of surface area 

necessary to conduct safe and efficient operations. When possible, 

equipment will be stored and operated on top of vegetated ground 

to minimize surface disturbance. 

• In areas to be heavily disturbed, the top [eight (8)] inches of soil 

material, will be stripped and stockpiled around the perimeter of 

the well location to control run-on and run-off, and to make 

redistribution of topsoil more efficient during interim reclamation. 

Stockpiled topsoil may include vegetative material. Topsoil will be 

clearly segregated and stored separately from subsoils. 

• Earthwork for interim and final reclamation will be completed 

within 6 months of well completion or plugging unless a delay is 

approved in writing by the BLM authorized officer. 

• Salvaging and spreading topsoil will not be performed when the 

ground or topsoil is frozen or too wet to adequately support 

construction equipment. If such equipment creates ruts in excess of 

four (4) inches deep, the soil will be deemed too wet. 

• No major depressions will be left that would trap water and cause 

ponding. 

Seeding: 

• Seedbed Preparation. Initial seedbed preparation will consist of 

recontouring to the appropriate interim or final reclamation 

standard. All compacted areas to be seeded will be ripped to a 

minimum depth of 18 inches with a minimum furrow spacing of 2 

Record of Decision for Geothermal Leasing in the Western US B-21 

December 2008 
Appendix B. Best Management Practices – Mitigation Measures 

feet, followed by recontouring the surface and then evenly 

spreading the stockpiled topsoil. Prior to seeding, the seedbed will 

be scarified and left with a rough surface. 

If broadcast seeding is to be used and is delayed, final seedbed 

preparation will consist of contour cultivating to a depth of 4 to 6 

inches within 24 hours prior to seeding, dozer tracking, or other 

imprinting in order to loosen up the soil and create seed 

germination micro-sites. 

• Seed Application. Seeding will be conducted no more than 24 hours 

following completion of final seedbed preparation. A certified weedfree seed mix designed by BLM to meet reclamation standards will 

be used. 

No seeding will occur from [May 15 to September 15]. Fall seeding 

is preferred and will be conducted after [September 15] and prior 

to ground freezing. [Shrub species will be seeded separately and will 

be seeded during the winter.] Spring seeding will be conducted after 

the frost leaves the ground and no later than [May 15]. 

Erosion Control and Mulching: 

• Mulch, silt fencing, waddles, hay bales, and other erosion control 

devices will be used on areas at risk of soil movement from wind 

and water erosion. 

• Mulch will be used if necessary to control erosion, create vegetation 

micro-sites, and retain soil moisture and may include hay, smallgrain straw, wood fiber, live mulch, cotton, jute, or synthetic 

netting. Mulch will be free from mold, fungi, and certified free of 

noxious or invasive weed seeds. 

• If straw mulch is used, it will contain fibers long enough to facilitate 

crimping and provide the greatest cover. 

Pit Closure: 

• Reserve pits will be closed and backfilled within sixty (60) days of 

release of the rig. All reserve pits remaining open after sixty (60)

days will require written authorization of the authorized officer. 

Immediately upon well completion, any hydrocarbons or trash in 

the pit will be removed. Pits will be allowed to dry, be pumped dry, 

or solidified in-situ prior to backfilling. 

• Following completion activities, pit liners will be completely 

removed or removed down to the solids level and disposed of at an 

approved landfill, or treated to prevent their reemergence to the 

surface and interference with long-term successful revegetation. If it 

was necessary to line the pit with a synthetic liner, the pit will not 

B-22 Record of Decision for Geothermal Leasing in the Western US 

 December 2008 
Appendix B. Best Management Practices – Mitigation Measures 

be trenched (cut) or filled (squeezed) while containing fluids. When 

dry, the pit will be backfilled with a minimum of 5 feet of soil 

material. In relatively flat areas the pit area will be slightly mounded 

above the surrounding grade to allow for settling and to promote 

surface drainage away from the backfilled pit. 

Management of Invasive, Noxious, and Non-Native Species: 

• All reclamation equipment will be cleaned prior to use to reduce 

the potential for introduction of noxious weeds or other 

undesirable non-native species. 

• An intensive weed monitoring and control program will be 

implemented prior to site preparation for planting and will continue 

until interim or final reclamation is approved by the authorized 

officer. 

• Monitoring will be conducted at least annually during the growing 

season to determine the presence of any invasive, noxious, and nonnative species. Invasive, noxious, and non-native species that have 

been identified during monitoring will be promptly treated and 

controlled. A Pesticide Use Proposal will be submitted to the BLM 

for approval prior to the use of herbicides. 

B.6.5 Interim Reclamation Procedures - Additional 

Recontouring: 

• Interim reclamation actions will be completed no later than 6 

months from when the final well on the location has been 

completed, weather permitting. The portions of the cleared well 

site not needed for active operational and safety purposes will be 

recontoured to the original contour if feasible, or if not feasible, to 

an interim contour that blends with the surrounding topography as 

much as possible. Sufficient semi-level area will remain for setup of a 

workover rig and to park equipment. In some cases, rig anchors 

may need to be pulled and reset after recontouring to allow for 

maximum interim reclamation. 

• If the well is a producer, the interim cut and fill slopes prior to reseeding will not be steeper than a 3:1 ratio, unless the adjacent 

native topography is steeper. Note: Constructed slopes may be 

much steeper during drilling, but will be recontoured to the above 

ratios during interim reclamation. 

• Roads and well production equipment will be placed on location so 

as to permit maximum interim reclamation of disturbed areas. If 

equipment is found to interfere with the proper interim reclamation 

of disturbed areas, the equipment will be moved so proper 

recontouring and revegetation can occur. 

Record of Decision for Geothermal Leasing in the Western US B-23 

December 2008 
Appendix B. Best Management Practices – Mitigation Measures 

Application of Topsoil & Revegetation: 

• Topsoil will be evenly respread and aggressively revegetated over 

the entire disturbed area not needed for all-weather operations 

including road cuts & fills and to within a few feet of the production 

facilities, unless an all-weather, surfaced, access route or small 

“teardrop” turnaround is needed on the well pad. 

• In order to inspect and operate the well or complete workover 

operations, it may be necessary to drive, park, and operate 

equipment on restored, interim vegetation within the previously 

disturbed area. Damage to soils and interim vegetation will be 

repaired and reclaimed following use. To prevent soil compaction, 

under some situations, such as the presence of moist, clay soils, the 

vegetation and topsoil will be removed prior to workover 

operations and restored and reclaimed following workover 

operations. 

Visual Resources Mitigation for Reclamation: 

• Trees, if present, and vegetation will be left along the edges of the 

pads whenever feasible to provide screening. 

• To help mitigate the contrast of recontoured slopes, reclamation 

will include measures to feather cleared lines of vegetation and to 

save and redistribute cleared trees, debris, and rock over 

recontoured cut and fill slopes. 

• To reduce the view of production facilities from visibility corridors 

and private residences, facilities will not be placed in visually 

exposed locations (such as ridgelines and hilltops). 

• Production facilities will be clustered and placed away from cut 

slopes and fill slopes to allow the maximum recontouring of the cut 

and fill slopes. 

• All long-term above ground structures will be painted [Covert 

Green] (from the “Standard Environmental Colors” chart) to blend 

with the natural color of the late summer landscape background. 

B.6.6 Final Reclamation Procedures - Additional 

• Final reclamation actions will be completed within 6 months of well 

plugging, weather permitting. 

• All disturbed areas, including roads, pipelines, pads, production 

facilities, and interim reclaimed areas will be recontoured to the 

contour existing prior to initial construction or a contour that 

blends indistinguishably with the surrounding landscape. Resalvaged 

topsoil will be respread evenly over the entire disturbed site to 

ensure successful revegetation. To help mitigate the contrast of 

B-24 Record of Decision for Geothermal Leasing in the Western US 

 December 2008 
Appendix B. Best Management Practices – Mitigation Measures 

recontoured slopes, reclamation will include measures to feather 

cleared lines of vegetation and to save and redistribute cleared 

trees, woody debris, and large rocks over recontoured cut and fill 

slopes. 

• Water breaks and terracing will only be installed when absolutely 

necessary to prevent erosion of fill material. Water breaks and 

terracing are not permanent features and will be removed and 

reseeded when the rest of the site is successfully revegetated and 

stabilized. 

• If necessary to ensure timely revegetation, the pad will be fenced to 

BLM standards to exclude livestock grazing for the first two growing 

seasons or until seeded species become firmly established, 

whichever comes later. Fencing will meet standards found on page 

18 of the BLM/FS Gold Book, 4th Edition, or will be fenced with 

operational electric fencing. 

• Final abandonment of pipelines and flowlines will involve flushing and 

properly disposing of any fluids in the lines. All surface lines and any 

lines that are buried close to the surface that may become exposed 

in the foreseeable future due to water or wind erosion, soil 

movement, or anticipated subsequent use, must be removed. 

Deeply buried lines may remain in place unless otherwise directed 

by the authorized officer. 

B.6.7 Reclamation Monitoring and Final Abandonment Approval 

• Reclaimed areas will be monitored annually. Actions will be taken to 

ensure that reclamation standards are met as quickly as reasonably 

practical. 

• Reclamation monitoring will be documented in an annual 

reclamation report submitted to the authorized officer by [March 

1]. The report will document compliance with all aspects of the 

reclamation objectives and standards, identify whether the 

reclamation objectives and standards are likely to be achieved in the 

near future without additional actions, and identify actions that have 

been or will be taken to meet the objectives and standards. The 

report will also include acreage figures for: Initial Disturbed Acres; 

Successful Interim Reclaimed Acres; Successful Final Reclaimed 

Acres. Annual reports will not be submitted for sites approved by 

the authorized officer in writing as having met interim or final 

reclamation standards. Monitoring and reporting continues annually 

until interim or final reclamation is approved. Any time 30% or 

more of a reclaimed area is redisturbed, monitoring will be 

reinitiated. 

Record of Decision for Geothermal Leasing in the Western US B-25 

December 2008 
Appendix B. Best Management Practices – Mitigation Measures 

• The authorized officer will be informed when reclamation has been 

completed, appears to be successful, and the site is ready for final 

inspection. 

B-26 Record of Decision for Geothermal Leasing in the Western US 

 December 2008 
APPENDIX C 

Form 3200-24a: Offer to Lease and Lease for 

Geothermal Resources and Form 3203-1: 

Nomination of Lands for Competitive Geothermal 

Leasing 

Record of Decision for Geothermal Leasing in the Western US C-1 

 December 2008
DO NOT WRITE BELOW THIS LINE

READ INSTRUCTIONS BEFORE COMPLETING

Form 3200-24a

(September 2008)

UNITED STATES

DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

OFFER TO LEASE AND LEASE FOR GEOTHERMAL RESOURCES

(For New Leases Issued Under the Energy Policy Act of 2005 [August 5, 2005])

(Continued on page 2)

Serial No.

The undersigned (see page 2) offers to lease all or any of the lands in item 2 that are available for lease pursuant to the Geothermal 

Steam Act of 1970, as amended (30 U.S.C. 1001-1025).

1. Name 1a. Street

1b. City 1c. State 1d. Zip Code

2. Surface managing agency if other than BLM: Unit/Project: 

 Legal description of land requested (segregate by public domain and acquired lands): Enter T., R., Meridian, State and County

3. Land included in lease: Enter T., R., Meridian, State and County

In accordance with the above offer, or the previously submitted competitive bid, this lease is issued granting the exclusive right to drill for, extract, produce, remove, utilize, sell, 

and dispose of all the geothermal resources in the lands described in Item 3 together with the right to build and maintain necessary improvements thereupon, for a primary term of 

10 years and subsequent extensions thereof in accordance with 43 CFR subpart 3207. Rights granted are subject to: applicable laws; the terms, conditions, and attached 

stipulations of this lease; the Secretary of the Interior’s regulations and formal orders in effect as of lease issuance; and, when not inconsistent with the provisions of this lease, 

regulations and formal orders hereafter promulgated.

Type of Lease:

 Competitive 

 Noncompetitive 

 Noncompetitive direct use (43 CFR subpart 3205)

Comments:

THE UNITED STATES OF AMERICA

BY

EFFECTIVE DATE OF LEASE

Check if this is a converted lease 

EFFECTIVE DATE OF LEASE CONVERSION

(Title) (Date)

(Signing Official)

Total Acres Applied for

Percent U.S. interest

Amount remitted: Processing Fee $ Rental Fee $ Total $

Total Acres in Lease

Rental Retained $

(Printed Name)
Sec. 1. Rentals—Rentals must be paid to the proper office of the lessor in advance of each lease year. Annual 

rental rates per acre or fraction thereof, as applicable, are: 

(a) Noncompetitive lease (includes post-sale parcels not receiving bids, a direct use lease or a lease issued to 

a mining claimant): $1.00 for the first 10 years; thereafter $5.00; or 

(b) Competitive lease: $2.00 for the first year; $3.00 for the second through tenth year; thereafter $5.00. 

Annual rental is always due by the anniversary date of this lease (43 CFR 3211.13), regardless of whether the 

lease is in a unit or outside of a unit, the lease is in production or not, or royalties or direct use fees apply to 

the production.

Rental may only be credited toward royalty under 43 CFR 3211.15 and 30 CFR 218.303. Rental may not be 

credited against direct use fees. Failure to pay annual rental timely will result in late fees and will make the 

lease subject to termination in accordance with 43 CFR 3213.14.

Sec. 2. (a) Royalties—Royalties must be paid to the proper office of the lessor. Royalties are due on the last 

day of the month following the month of production. Royalties will be computed in accordance with 

applicable regulations and orders. Royalty rates for geothermal resources produced for the commercial 

generation of electricity but not sold in an arm’s length transaction are: 1.75 percent for the first 10 years of 

production and 3.5 percent after the first 10 years. The royalty rate is to be applied to the gross proceeds

derived from the sale of electricity in accordance with 30 CFR part 206 subpart H.

The royalty rate for byproducts derived from geothermal resource production that are minerals specified in 

section 1 of the Mineral Leasing Act (MLA), as amended (30 U.S.C. 181), is 5 percent, except for sodium 

compounds, produced between September 29, 2006 and September 29, 2011 (Pub. L. No. 109-338, §102; 

note to 30 U.S.C. 362) for which the royalty rate is 2 percent. No royalty is due on byproducts that are not 

specified in 30 U.S.C. § 181. (43 CFR 3211.19.)

If this lease or a portion thereof is committed to an approved communitization or unit agreement and the 

agreement contains a provision for allocation of production, royalties must be paid on the production 

allocated to this lease.

(b) Arm’s length transactions—The royalty rate for geothermal resources sold by you or your affiliate at 

arm’s length to a purchaser is 10 percent of the gross proceeds derived from the arm’s-length sale (43 CFR 

3211.17, 3211.18).

(c) Advanced royalties—In the absence of a suspension, if you cease production for more than one calendar 

month on a lease that is subject to royalties and that has achieved commercial production, your lease will 

remain in effect only if you make advanced royalty payments in accordance with 43 CFR 3212.15(a) and 30 

CFR 218.305.

(d) Direct use fees—Direct use fees must be paid in lieu of royalties for geothermal resources that are utilized 

for commercial, residential, agricultural, or other energy needs other than the commercial production or 

generation of electricity, but not sold in an arm’s length transaction (43 CFR 3211.18; 30 CFR 206.356). 

This requirement applies to any direct use of federal geothermal resources (unless the resource is exempted 

as described in 30 CFR 202.351(b) or the lessee is covered by paragraph (e), below) and is not limited to 

direct use leases. Direct use fees are due on the last day of the month following the month of production.

(e) If the lessee is a State, tribal, or local government covered by 43 CFR 3211.18(a)(3) and 30 CFR 

206.366, check here: . A lessee under this paragraph is not subject to paragraph (d), above. In lieu of 

royalties, the lessee under this paragraph must pay a nominal fee of

$ .

Sec. 3. Bonds—A bond must be filed and maintained for lease operations as required by applicable 

regulations.

Sec. 4. Work requirements, rate of development, unitization, and drainage--Lessee must perform work 

requirements in accordance with applicable regulations (43 CFR 3207.11, 3207.12), and must prevent 

unnecessary damage to, loss of, or waste of leased resources. Lessor reserves the right to specify rates of 

development and production and to require lessee to commit to a communitization or unit agreement, within 

30 days of notice, if in the public interest. Lessee must drill and produce wells necessary to protect leased 

lands from drainage or pay compensatory royalty for drainage in the amount determined by lessor. Lessor 

will exempt lessee from work requirements only where the lease overlies a mining claim that has an 

approved plan of operations and where BLM determines that the development of the geothermal resource on 

the lease would interfere with the mining operation (43 CFR 3207.13). 

Sec. 5. Documents, evidence, and inspection—Lessee must file with the proper office of the lessor, not later 

than (30) days after the effective date thereof, any contract or evidence of other arrangement for the sale, use, 

or disposal of geothermal resources, byproducts produced, or for the sale of electricity generated using 

geothermal resources produced from the lease. At such times and in such form as lessor may prescribe, lessee 

must furnish detailed statements and all documents showing (a) amounts and quality of all geothermal 

resources produced and used (either for commercial production or generation of electricity, or in a direct use 

operation) or sold; (b) proceeds derived therefrom or from the sale of electricity generated using such 

resources; (c) amounts that are unavoidably lost or reinjected before use, used to generate plant parasitic 

electricity (as defined in 30 CFR 206.351) or electricity for lease operations, or otherwise used for lease 

operations related to the commercial production or generation of electricity; and (d) amounts and quality of

all byproducts produced and proceeds derived from the sale or disposition thereof. Lessee may be required to 

provide plats and schematic diagrams showing development work and improvements, and reports with 

respect to parties in interest. 

In a format and manner approved by lessor, lessee must: keep a daily drilling record, a log, and complete 

information on well surveys and tests; keep a record of subsurface investigations; and furnish copies to lessor 

when required. 

Lessee must keep open at all reasonable times for inspection by any authorized officer of lessor, the leased 

premises and all wells, improvements, machinery, and fixtures thereon, and all books, accounts, maps, and 

records relative to operations, surveys, or investigations on or in the leased lands. Lessee must maintain copies of 

all contracts, sales agreements, accounting records, billing records, invoices, gross proceeds and payment data 

regarding the sale, disposition, or use of geothermal resources, byproducts produced, and the sale of electricity 

generated using resources produced from the lease, and all other information relevant to determining royalties or 

direct use fees. All such records must be maintained in lessee’s accounting offices for future audit by lessor and 

produced upon request by lessor or lessor’s authorized representative or agent. Lessee must maintain required 

records for 6 years after they are generated or, if an audit or investigation is underway, until released of the 

obligation to maintain such records by lessor.

Sec. 6. Conduct of operations—Lessee must conduct operations in a manner that minimizes adverse impacts to 

the land, air, and water, to cultural, biological, visual, and other resources, and to other land uses or users. Lessee 

must take reasonable measures deemed necessary by lessor to accomplish the intent of this section. To the extent 

consistent with leased rights granted, such measures may include, but are not limited to, modification to siting or 

design of facilities, timing of operations, and specification of interim and final reclamation measures. Lessor 

reserves the right to continue existing uses and to authorize future uses upon or in the leased lands, including the 

approval of easements or rights-of-way. Such uses will be conditioned so as to prevent unnecessary or 

unreasonable interference with rights of lessee. Prior to disturbing the surface of the leased lands, lessee must 

contact lessor to be apprised of procedures to be followed and modifications or reclamation measures that may be 

necessary. Areas to be disturbed may require inventories or special studies to determine the extent of impacts to 

other resources. Lessor may require lessee to complete minor inventories or short term special studies under 

guidelines provided by lessor. If, in the conduct of operations, threatened or endangered species, objects of 

historic or scientific interest, or substantial unanticipated environmental effects are observed, lessee must 

immediately contact lessor. Lessee must cease any operations that are likely to affect or take such species, or 

result in the modification, damage or destruction of such habitats or objects. 

Sec. 7. Production of byproducts—If the production, use, or conversion of geothermal resources from these leased 

lands is susceptible of producing a valuable byproduct or byproducts, including commercially demineralized 

water for beneficial uses in accordance with applicable State water laws, lessor may require substantial beneficial 

production or use thereof by lessee. 

Sec. 8. Damages to property—Lessee must pay lessor for damage to lessor’s improvements, and must save and 

hold lessor harmless from all claims for damage or harm to persons or property as a result of lease operations. 

Sec. 9. Protection of diverse interests and equal opportunity—Lessee must maintain a safe working environment 

in accordance with applicable regulations and standard industry practices, and take measures necessary to protect 

public health and safety. Lessor reserves the right to ensure that production is sold at reasonable prices and to 

prevent monopoly. Lessee must comply with Executive Order No. 11246 of September 24, 1965, as amended, 

and regulations and relevant orders of the Secretary of Labor issued pursuant thereto. Neither lessee nor lessee’s 

subcontractor may maintain segregated facilities. 

Sec. 10. Transfer of lease interests and relinquishment of lease—As required by regulations, lessee must file with 

lessor any assignment or other transfer of an interest in this lease. Subject to the requirements of 43 CFR subpart 

3213, lessee may relinquish this lease or any legal subdivision by filing in the proper office a written 

relinquishment, which will be effective as of the date BLM receives it, subject to the continued obligation of the 

lessee and surety to be responsible for: paying all accrued rentals and royalties; plugging and abandoning all 

wells on the relinquished land; restoring and reclaiming the surface and other resources; and complying with 43 

CFR 3200.4. 

Sec. 11. Delivery of premises—At such time as all or portions of this lease are returned to lessor, lessee must 

place all wells in condition for suspension or abandonment, reclaim the land as specified by lessor, and within a 

reasonable period of time, remove equipment and improvements not deemed necessary by lessor for preservation 

of producible wells or continued protection of the environment. 

Sec. 12. Proceedings in case of default—If lessee fails to comply with any provisions of this lease or other 

applicable requirements under 43 CFR 3200.4, and the noncompliance continues for 30 days after written notice 

thereof, this lease will be subject to termination in accordance with the Act and 43 CFR 3213. This 

provision will not be construed to prevent the exercise by lessor of any other legal and equitable remedy or action, 

including waiver of the default. Any such remedy, waiver, or action will not prevent later termination for the 

same default occurring at any other time. Whenever the lessee fails to comply in a timely manner with any of the 

provisions of the Act, this lease, the regulations, or other applicable requirements under 43 CFR 3200.4, and 

immediate action is required, the lessor may enter on the leased lands and take measures deemed necessary to 

correct the failure at the lessee’s expense. 

Sec. 13. Heirs and successors-in-interest—Each obligation of this lease will extend to and be binding upon, and 

every benefit hereof will inure to, the heirs, executors, administrators, successors, or assigns of the respective 

parties hereto.

LEASE TERMS

4. (a) The undersigned certifies that:

(1) The offeror is a citizen of the United States; an association of such citizens; a municipality; or a corporation organized under the laws of the United States, any State or the District of Columbia; (2) All parties holding an 

interest in the offer are in compliance with 43 CFR part 3200 and the authorizing Act; (3) The offeror’s chargeable interests, direct and indirect, do not exceed those allowed under the Act; and (4) The offeror is not considered 

a minor under the laws of the State in which the lands covered by this offer are located.

 (b) The undersigned agrees that signing this offer constitutes acceptance of this lease, including all terms, conditions and stipulations of which the offeror has been given notice. The offeror further agrees that this offer cannot be 

withdrawn, either in whole or part, unless the withdrawal is received by the proper BLM State Office before this lease, an amendment to this lease, or a separate lease, whichever covers the land described in the withdrawal, has 

been signed on behalf of the United States.

This offer will be rejected and will afford the offeror no priority if it is not properly completed and executed in accordance with the regulations or if it is not accompanied by the required payments. Title 18 U.S.C. § 1001 makes it a 

crime for any person knowingly and willfully to make to any Department or agency of the United States any false, fictitious, or fraudulent statements or representations as to any matter within its jurisdiction. 

Duly executed this day of , 20 .

(Continued on page 3) (Form 3200-24a, page 2)

(Printed Name of Lessee or Attorney-in-fact) (Signature of Lessee or Attorney-in-fact)
INSTRUCTIONS

A. General

1. Items 1 and 2 need to be completed only by parties filing for a noncompetitive lease. The BLM will complete the front of the form for other types of leases. 

The BLM may use the “Comments” space under Item 3 to identify when: the lessee has elected to make all lease terms subject to the Energy Policy Act of 

2005 under 43 CFR 3200.7(a)(2) or 43 CFR 3200.8(b) (box labeled “converted lease” must also be checked); the lease is being issued noncompetitively to 

a party who holds a mining claim on the same lands as is covered by the lease under 43 CFR 3204.12; the lease is a direct use lease issued to a State, local, 

or tribal government (box at section 2(e) under Lease Terms must also be checked); the lease is a competitive lease with direct-use-only stipulations attached; 

or other special circumstances exist. A lessee who seeks to convert only the royalty rate of a lease under 43 CFR 3212.25 or who qualifies for a case-by-case 

royalty rate determination under 43 CFR 3211.17(b)(1)(i) should not use this form, but should instead use an addendum to the existing lease. 

2. Entries must be typed or printed plainly in ink. The offeror must sign the form (Item 4) in ink.

3. An original and two copies of this offer must be prepared and filed in the proper BLM State Office. See regulations at 43 CFR 1821.10 for office 

locations.

4. If more space is needed, additional sheets must be attached to each copy of the form submitted.

B. Specific

Item 1—Enter the offeror’s name and billing address.

Item 2—Indicate the agency managing the surface use of the land and the name of the unit or project of which the land is a part. The offeror may also provide 

other information that will assist in establishing status of the lands. The description of land must conform to 43 CFR 3203.10. Total acres applied for must not 

exceed that allowed by regulations (43 CFR 3203.10; 43 CFR 3206.12). 

Payments: For noncompetitive leases, the amount remitted must include the processing fee for noncompetitive lease applications (43 CFR 3204.10; 43 CFR 

3000.12) and the first year’s rental at the rate of $1 per acre or fraction thereof. If the United States owns only a fractional interest in the geothermal resources, 

you must pay a prorated rental under 43 CFR 3211.11(d). The BLM will retain the processing fee even if the offer is completely rejected or withdrawn. To 

maintain the offeror’s priority, the offeror must submit rental sufficient to cover all the land requested. If the land requested includes lots or irregular quarterquarter sections, the exact acreage of which is not known to the offeror, rental should be submitted on the assumption that each such lot or quarter-quarter section 

contains 40 acres. If the offer is withdrawn or rejected in whole or in part before a lease issues, the BLM will return the rental remitted for the parts withdrawn or 

rejected.

The BLM will fill in the processing fee for competitive lease applications (43 CFR 3203.17; 43 CFR 3000.12) and the first year’s rental at the rate of $2 

per acre or fraction thereof.

Item 3—The BLM will complete this space.

NOTICES

The Privacy Act of 1974 and the regulation at 43 CFR 2.48(d) provide that you be furnished with the following information in connection with information 

required by this geothermal lease application.

AUTHORITY: 30 U.S.C. 1000 et seq.

PRINCIPAL PURPOSE—The information is to be used to process geothermal lease applications. 

ROUTINE USES: (1) The adjudication of the lessee’s rights to the land or resources. (2) Documentation for public information in support of notations made on 

land status records for the management, disposal, and use of public lands and resources. (3) Transfer to appropriate Federal agencies when concurrence is 

required prior to granting uses or rights in public lands or resources. (4) Transfer to the appropriate Federal, State, local, or foreign agencies, when relevant to 

civil, criminal, or regulatory investigations or prosecutions.

(Form 3200-24a, page 3)
Appendix C. Form 3200-24: Offer to Lease and Lease for Geothermal Resources 

Form 3203-1 

(September 2008)

UNITED STATES 

DEPARTMENT OF THE INTERIOR 

BUREAU OF LAND MANAGEMENT 

NOMINATION OF LANDS FOR COMPETITIVE GEOTHERMAL LEASING

READ INSTRUCTIONS BEFORE COMPLETING 

1. Name 1a. Street 

1b. City 1c. State 1d. Zip Code 

2. Surface managing agency if other than 

BLM:__________________________________Unit/Project:_______________________________ 

 Legal description of land requested (segregate by public domain and acquired lands): 

 

 T. R. Section Meridian State County

3. □ Check if this nomination is part of a block nomination. Include 

supporting information (see instructions). 3a. Total Acres Nominated: ______________________ 

4. Amount Remitted (43 CFR 3203.12): Filing Fee: $_____________ + Acres x $0.10: $_____________ = Total: $ 

________________ 

5. Nominated lands cannot be included in a lease sale until BLM confirms that leasing conforms to the land use plan and all National 

Environmental Policy Act requirements have been met. 

 _________________________________________________ ________________________________________________ 

____________________ 

 (Printed Name of Nominator or Attorney-in-Fact) ( Signature of Nominator or Attorney-in-Fact) (Date)

Title 18 U.S.C. Sec. 1001 makes it a crime for any person knowingly and willfully to make to any Department or agency of the United 

States any false, fictitious, or fraudulent statements or representations as to any matter within its jurisdiction. 

(Continued on page 2)

Record of Decision for Geothermal Leasing in the Western US C-5 

 December 2008 
Appendix C. Forms 3200-24 and 3203-1 

INSTRUCTIONS 

A. General 

1. Entries must be typed or printed plainly in ink. The nominator must sign the form (item 5) in ink. 

2. This offer must be filed in the proper BLM State Office serving the nominated lands. See 

regulations at 43 CFR 1821.10 for office locations. 

3. Submit only one nomination per form. 

4. If more space is needed, additional sheets must be attached to each copy of the form submitted. 

5. Two or more nominations may be requested to be sold as a block (43 CFR 3203.11). Check the box 

in Item 3. Block nominations must include information to support your request and whether the 

lands requested will be identified with a project or unit. 

B. Specific 

Item 1—Enter the nominator’s name and billing address. 

Item 2—Indicate the agency managing the surface use of the land and, for a block nomination, the name of 

the unit or project of which the land is a part. The nominator may also provide other information that will 

assist in establishing status of the lands being nominated. The description of land must conform to 43 CFR 

3203.10. Each nomination may not exceed 5,120 acres, unless the area to be leased includes an irregular 

subdivision (43 CFR 3203.10). 

Payments: Each nomination must include a filling fee that is found in the fee schedule at 43 CFR 3000.12. 

If the total acreage nominated contains fractional acreage, the per-acre fee must be rounded up to the next 

whole acre. 

C-6 Record of Decision for Geothermal Leasing in the Western US 

 December 2008 
Appendix C. Form 3200-24: Offer to Lease and Lease for Geothermal Resources 

NOTICE 

The Privacy Act of 1974 and the regulation at 43 CFR 2.48(d) provide that you be furnished with the 

following information in connection with information required by this geothermal lease nomination. 

AUTHORITY: 30 U.S.C. 1000 et seq. 

PRINCIPAL PURPOSE—The information is to be used to process geothermal lease nominations. 

ROUTINE USES: (1) The adjudication of the nomination for leasing of geothermal resources. (2) 

Documentation for public information in support of notations made on land status records for the 

management, disposal, and use of public lands and resources. (3) Transfer to appropriate Federal agencies 

when concurrence is required prior to granting uses or rights in public lands or resources. (4) Transfer to 

the appropriate Federal, State, local, or foreign agencies, when relevant to civil, criminal, or regulatory 

investigations or prosecutions. 

EFFECT OF NOT PROVIDING INFORMATION—If all the information is not provided, the nomination 

may be rejected. See regulations at 43 CFR Part 3200. 

(Form 3203-1, Page 2) 

 

Record of Decision for Geothermal Leasing in the Western US C-7 

 December 2008 
Appendix C. Forms 3200-24 and 3203-1 

This Page Intentionally Left Blank

C-8 Record of Decision for Geothermal Leasing in the Western US 

 December 2008