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[Federal Register Volume 90, Number 11 (Friday, January 17, 2025)]
[Notices]
[Pages 5981-5984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01084]

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DEPARTMENT OF THE INTERIOR

Office of the Secretary

[MO4500181943]

National Environmental Policy Act Implementing Procedures for the 
Bureau of Land Management (516 DM 11)

AGENCY: Office of the Secretary, Interior.

ACTION: Notice.

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SUMMARY: This notice announces the Department of the Interior's 
(Department) proposal to revise the National Environmental Policy Act 
(NEPA) implementing procedures for the Bureau of Land Management (BLM) 
at chapter 11 of part 516 of the Departmental Manual (DM) to add a new 
categorical exclusion (CX) for geothermal resource exploration 
operations.

DATES: Comments must be postmarked (for mailed comments), delivered 
(for personal or messenger delivery comments), or filed (for electronic 
comments) no later than February 18, 2025.

ADDRESSES: The public can review the substantiation report for the new 
proposed CX online at: http://eplanning.blm.gov/eplanning-ui/project/2034945/510. Comments can be submitted using:
BLM National NEPA Register: http://eplanning.blm.gov/eplanning-ui/project/2034945/510. Follow the instructions at this website.
Mail: U.S. Department of the Interior, Bureau of Land Management, 
Attention: BLM HQ330 Geothermal Exploration Operations Categorical 
Exclusion, 1849 C Street NW, Washington, DC 20240.
Personal or messenger delivery: U.S. Department of the Interior, Bureau 
of Land Management, Attention: BLM HQ330 Geothermal Exploration 
Operations Categorical Exclusion, 1849 C Street NW, Washington, DC 
20240.

FOR FURTHER INFORMATION CONTACT: Heather Bernier, Division Chief, 
Decision Support, Planning, and NEPA, at (303) 239-3635, or 
[email protected]. Individuals in the United States who are deaf, 
deafblind, hard of hearing, or have a speech disability may dial 711 
(TTY, TDD, or TeleBraille) to access telecommunications relay services 
for contacting Ms. Bernier. Individuals outside the United States 
should use the relay services offered within their country to make 
international calls to the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION:

Background

    NEPA, 42 U.S.C. 4321 et seq., requires Federal agencies to consider 
the environmental effects of their proposed actions in their decision-
making processes and inform and engage the public in that process. 
Section 101(a) of NEPA sets forth a national policy to use all 
practicable means and measures, including financial and technical 
assistance, in a manner calculated to foster and promote the general 
welfare, to create and maintain conditions under which humans and 
nature can exist in productive harmony, and to fulfill the social, 
economic, and other requirements of present and future generations of 
Americans. 42 U.S.C. 4331(a). Section 102 of NEPA directs agencies to 
interpret and administer Federal policies, regulations, and laws 
consistent with NEPA's policies. 42 U.S.C. 4332.
    To comply with NEPA, agencies determine the appropriate level of 
review for a proposed action: an environmental impact statement (EIS), 
an environmental assessment (EA), or a CX. 40 CFR 1501.3(c). If a 
proposed action is likely to have significant

[[Page 5982]]

environmental effects, the agency will prepare an EIS and document its 
decision in a record of decision. 40 CFR part 1502, 1505.2. If the 
proposed action is not likely to have significant environmental effects 
or where the level of significance is unknown, the agency will prepare 
an EA, which involves a more concise analysis and process than an EIS. 
40 CFR 1501.5. Following preparation of an EA, the agency may reach a 
finding of no significant impact (FONSI) if the analysis shows that the 
action will have no significant effects. 40 CFR 1501.6. If, following 
preparation of an EA, the agency finds that the proposed action will 
have significant effects, it will prepare an EIS before authorizing the 
action. 40 CFR 1501.6(a)(3).
    Under NEPA and Council on Environmental Quality's (CEQ's) 
implementing regulations, a Federal agency must establish CXs--
categories of actions that the agency has determined normally do not 
significantly affect the quality of the human environment, individually 
or in the aggregate--in its agency NEPA procedures. 42 U.S.C. 
4336(e)(1); 40 CFR 1501.4, 1507.3(c)(8), 1508.1(e). If an agency 
determines that a CX covers a proposed action, the agency then 
evaluates the proposed action for any extraordinary circumstances in 
which a normally excluded action may have a significant effect. 40 CFR 
1501.4(b), 1508.1(o). Responsible officials in the Department's bureaus 
evaluate proposed actions for the existence of extraordinary 
circumstances in accordance with the Department's NEPA implementing 
regulations at 43 CFR 46.205 and 46.215; see also 40 CFR 1501.4(b), 
(b)(1)-(2).
    Under NEPA, a CX is defined as ``a category of actions that a 
Federal agency has determined normally does not significantly affect 
the quality of the human environment.'' 42 U.S.C. 4336e. The CEQ 
recognizes that CXs increase efficiency by reducing the resources spent 
analyzing proposals that normally do not have potentially significant 
environmental effects, thereby allowing those resources to be focused 
on proposals that are more likely to have significant environmental 
effects.\1\ The appropriate use of CXs allows NEPA compliance, in the 
absence of extraordinary circumstances that merit further 
consideration, to be concluded without preparing either an EA or an 
EIS.
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    \1\ Council on Environmental Quality (CEQ), Establishing, 
Applying, and Revising Categorical Exclusions under the 
Environmental Policy Act. November 23, 2010, at 2-3. https://ceq.doe.gov/docs/ceq-regulations-and-guidance/NEPA_CX_Guidance_Nov232010.pdf.
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    The Department's revised NEPA procedures were published in the 
Federal Register on October 15, 2008 (73 FR 61292) and are codified at 
43 CFR part 46. Additional Department-wide NEPA policy may be found in 
the DM, in chapters 1 through 4 of part 516. The NEPA procedures for 
the Department's bureaus are published as additional chapters of this 
DM part 516. Chapter 11 of 516 DM covers the BLM's procedures. The 
BLM's current procedures can be found at: https://www.doi.gov/sites/doi.gov/files/elips/documents/516-dm-11_0.pdf. These procedures address 
policy as well as procedure to assure compliance with the spirit and 
intent of NEPA.

Rationale for the Proposed New CX

    The establishment of this new Geothermal Exploration Operations 
(GEO) CX is intended to facilitate the approval of notices of intent 
(NOIs) to conduct geothermal resource exploration operations that do 
not have the potential to result in significant environmental effects 
and to expedite renewable energy development on public lands. BLM 
currently prepares an EA to comply with NEPA for approval of an NOI to 
permit any pre-leasing geothermal resource exploration operation that 
includes construction of roads and/or well pads. The BLM's goal is to 
shift its analytical resources away from preparing EAs for actions that 
have been demonstrated to result in no significant effects towards 
those actions that may result in significant effects. BLM has long 
experience with approval of NOIs for exploration activities and is 
familiar with the environmental effects of this activity, none of which 
are normally significant.
    To substantiate a determination that the proposed new GEO CX 
describes a category of actions that does not normally have a 
significant effect on the environment, individually or in the 
aggregate, BLM assessed the environmental effects of similar previously 
implemented actions by evaluating 57 BLM EAs that supported FONSIs and 
validating these environmental reviews by conducting post-
implementation evaluations that confirmed the findings.
    A record of the BLM's review can be found in the substantiation 
report for the proposed new CX (``Substantiation of Proposed National 
Environmental Policy Act Categorical Exclusion for Geothermal Resource 
Exploration Operations,'' dated October 15, 2024), which is 
incorporated by reference here and summarized in ``Justification for 
Change'' section below. Based upon this information, the BLM has found 
that the establishment of a CX is appropriate because of the evidence 
that no significant effects normally result from geothermal exploration 
operations conducted within the proposed parameters. Establishing the 
new CX as proposed would ensure a timely process towards implementing 
geothermal exploration projects that do not have significant effects.

Description of Change

    The Department proposes to add one CX to the BLM chapter of the 
Departmental Manual 516 DM 11 at paragraph 11.9.B, ``Oil, Gas and 
Geothermal Energy.'' The language of the proposed new CX citation at 
516 DM 11.9.B(8) is:
    Approval of a Notice of Intent to Conduct Geothermal Resource 
Exploration Operations that:
     Does not include the direct testing of geothermal 
resources or resource utilization;
     Does not exceed 10 acres of total (contiguous or 
noncontiguous) surface disturbance;
     Requires reclamation of surface disturbances when their 
intended purpose has been fulfilled;
     Requires reclamation of temporary routes when their 
intended purpose(s) has been fulfilled, unless through a separate 
review and decision-making process the BLM incorporates and 
appropriately designates the route as part of its transportation 
system;
     Does not make a temporary route available for public use 
unless the temporary route is specifically intended to accommodate 
public use;
     Requires temporary routes to be constructed or used so as 
to allow for the reclamation, by artificial or natural means, of 
vegetative cover on the temporary route and areas where the vegetative 
cover was disturbed by the construction or use of the route, and 
requires such treatment to be designed to reestablish vegetative cover 
as soon as possible, but at most within 10 years after approved 
reclamation commences; and,
     Includes design elements to protect resources and resource 
uses consistent with the applicable Resource Management Plan, laws, 
regulations, and any lease terms (as applicable).
    The BLM's intent in establishing this CX is to improve the 
efficiency of routine environmental review processes for pre-leasing 
geothermal resource exploration operations. The scope of geothermal 
resource exploration operations allowed under an NOI is defined at 43 
CFR 3200.1.

[[Page 5983]]

    When applying this CX, responsible officials at the BLM will 
evaluate the proposed actions to determine whether there are any 
extraordinary circumstances. The Department's extraordinary 
circumstances are listed at 43 CFR 46.215.
    Responsible officials in the BLM are required to review any 
proposed action for which they intend to rely on a CX, as provided at 
43 CFR 46.205, by comparing it with the list at 43 CFR 46.215 and to 
document that review in accordance with any applicable BLM NEPA or 
program guidance. The responsible official will assess whether an 
extraordinary circumstance exists. If the responsible official cannot 
rely on a CX to support a decision on a particular proposed action due 
to extraordinary circumstances, the responsible official will prepare 
an EA or EIS, consistent with 40 CFR 1501.4(b)(2) and 43 CFR 46.205(c).
    The public is asked to review and comment on the newly proposed CX. 
To be considered, any comments on this proposed addition to the list of 
CXs in the DM must be received by the date listed in the DATES section 
of this notice at the location listed in the ADDRESSES section. 
Comments received after that date will be considered only to the extent 
practicable. Comments, including names and addresses of respondents, 
will be part of the public record and available for public review at 
the BLM address shown in the ADDRESSES section, during business hours, 
8 a.m. to 4:30 p.m., Monday through Friday, except holidays. Before 
including your address, telephone number, email address, or other 
personal identifying information in your comment, you should be aware 
that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

Justification for Change

    The BLM proposes the GEO CX after reviewing existing BLM NEPA 
analyses and available scientific research on the effects of routine 
actions that would be included in the proposed new CX over time and 
over different geographic areas. The BLM has documented in detail the 
justification for establishing this new CX in its substantiation 
report, which is available to review in full at the websites shown in 
ADDRESSES.
    Pursuant to the Geothermal Steam Act of 1970, the BLM is 
responsible for issuing leases for and managing geothermal resource 
development, in part by processing permit applications for exploration, 
drilling, production, and utilization (electrical generation) on the 
Federal mineral estate. This authority encompasses approximately 700 
million acres of Federal minerals, including BLM managed public lands, 
National Forest System lands, other Federal lands, as well as split 
estate (e.g., non-Federal surface) lands where the Federal Government 
has retained the subsurface mineral estate.
    Geothermal energy offers the nation a clean, domestic, and abundant 
renewable energy resource. Conventional (hydrothermal) geothermal power 
plants use heat energy found in rock formations containing hot water or 
steam below the Earth's surface to turn a turbine and generate 
electrical power. Geothermal energy is a baseload source of 
electricity, generating energy 24 hours a day, regardless of changing 
weather patterns; as such, geothermal energy can help bridge the gap 
created by the intermittent generation of power from other renewable 
energy sources like solar and wind. Among renewable energy sources, 
geothermal power plants also have the smallest amount of surface 
disturbance relative to electricity produced, with a generation-
weighted average of 0.34 acre/Gigawatt hour. Currently, approximately 
70 percent of geothermal installed capacity includes Federal resources 
(Richter 2019). For these reasons, the BLM's geothermal energy program 
is a critical component to the efforts of the administration and 
various western states to advance and diversify the nation's energy 
portfolio.
    A CX to support streamlined project authorization at the 
exploration operations phase would simplify and focus the NEPA process. 
Establishment of a CX that could support more efficient authorization 
of geothermal exploration could be vital to the expansion of the 
geothermal industry.
    To support the development of the CX, the BLM examined 28 
geothermal projects analyzed in EAs that all supported FONSIs, and that 
were completed between 2003 and 2019, to identify potential effects 
resulting from the kinds of activities normally included in NOIs, as 
outlined in 43 CFR 3200.1 and the 43 CFR part 3200, subpart 3250 
regulations. As explained in the accompanying substantiation report, 
these 28 geothermal projects represent the majority of geothermal 
resource exploration projects that have been approved by BLM and 
implemented in full over the last 21 years, and the entire universe of 
projects that are suitable for comparison to the actions covered by the 
proposed CX. A team, which included geothermal and planning and 
environmental subject matter experts from the BLM, the Department's 
Office of the Solicitor, and the National Renewable Energy Laboratory, 
reviewed the NEPA documents to determine the scope of environmental 
consequences anticipated to result from the proposed actions. The team 
evaluated the actions' scope (e.g., construction of temporary routes 
for site access, drilling of TGWs or shallow wells, construction of 
well pads) and potential effects (e.g., no long-term effects to natural 
resources) in the geothermal EAs to inform the types of projects that 
may be approved pursuant to the proposed GEO CX. As discussed in the 
``Methods'' section of the substantiation report, the BLM currently 
authorizes NOI permit projects that include construction of roads and/
or well pads supported by EAs. In the EAs reviewed, no significant 
individual or cumulative effects were predicted to result from the 
kinds of activities included in the proposed CX for geothermal 
exploration operations, nor were any unanticipated effects observed 
after projects were implemented. Actual effects were the same as 
predicted effects in all cases.
    The projects evaluated for establishment of this proposed CX 
include ``design elements'' to minimize any effects to other resources. 
As part of the Resource Management Plan (RMP) conformance process and 
application of relevant Federal laws, the BLM employs design elements 
specified in the RMP to minimize effects as it considers proposals that 
fit its category of excluded actions, and often coordinates with 
applicants to revise their proposals to minimize effects prior to or 
during the review process. ``Design elements'' refers to mitigation 
measures that are outlined in RMPs, as well as geothermal lease 
stipulations that are attached to individual lease parcels and 
applicable laws. The design elements are applicable to all NOIs, and 
the BLM will impose them, to the extent applicable, as conditions of 
approval (COAs) if not already included in the proposal. The 
regulations at 43 CFR 3251.12 provide authority for BLM to require COAs 
on permit authorizations to provide protections for resource values.
    There were no instances where any of the projects evaluated in EAs 
would have required completion of an EIS had these measures not been 
applied as design elements of the proposed action or alternatives. In 
all instances projects were designed such that the proposed action or 
alternatives minimized

[[Page 5984]]

adverse effects. Each project proposed in reliance on the new CX would 
be evaluated to determine if extraordinary circumstances apply. If the 
BLM's review determines that extraordinary circumstances exist for an 
action that might otherwise be categorically excluded, or where the 
level of effects cannot be ascertained, the BLM would either require 
modification of the proposed action or would prepare an EA or EIS to 
support its decision making. Departmental and BLM regulations, manuals, 
handbooks, policies, and applicable land use plans provide direction 
and requirements regarding project design.
    As described in the substantiation report, the BLM has experience 
analyzing and authorizing geothermal exploration projects in an 
environmentally sustainable manner and considers the activities 
described in this proposal to be routine and their effects to be non-
significant. Expediting permit approvals for geothermal exploration 
projects is essential to respond to the need to combat climate change 
using renewable resources managed on BLM-administered lands. 
Establishment of this proposed new CX would also facilitate 
implementation of BLM priorities for identifying steps to establish and 
implement a program to improve Federal permit coordination with respect 
to eligible projects, with the goal of accelerating responsible 
development of renewable energy (i.e., geothermal) on public lands. See 
43 U.S.C. 3002.
    Authorities: NEPA (42 U.S.C. 4321 et seq.); Executive Order (E.O.) 
11514, March 5, 1970, as amended by E.O. 11991, May 24, 1977; and CEQ 
regulations (40 CFR 1507.3).

Stephen G. Tryon,
Director,Office of Environmental Policy and Compliance.
[FR Doc. 2025-01084 Filed 1-16-25; 8:45 am]
BILLING CODE 4331-84-P
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