The BLM Big Horn Basin Buffalo RMP

1. InterTech Environmental & Engineering, LLC 1 The BLM Big Horn Basin & Buffalo RMP/EIS Projects Understanding the Planning Process and Participating More Effectively Good Afternoon... Hopefully you all are charged up after a little sugar and caffeine� So..what I want to do in this short session is touch upon, obviously, is some perspective on the BLM RMP planning process, primarily from inside perspective having been involved in a number of RMPs/EISs as a third-party contractor and in an advisory role for some other groups� Good Afternoon... Hopefully you all are charged up after a little sugar and caffeine� So..what I want to do in this short session is touch upon, obviously, is some perspective on the BLM RMP planning process, primarily from inside perspective having been involved in a number of RMPs/EISs as a third-party contractor and in an advisory role for some other groups�

2. 2 InterTech Environmental & Engineering, LLC Disclaimer The views and opinions expressed in this presentation are solely those of the author, and do not necessarily represent the views and opinions of InterTech Environmental & Engineering, LLC staff and/or clients. Of course, the obligatory disclaimer. One of the many great things we have at InterTech is an opportunity for vigorous discussion about issues, and public land use planning and management comes up frequently�Of course, the obligatory disclaimer. One of the many great things we have at InterTech is an opportunity for vigorous discussion about issues, and public land use planning and management comes up frequently�

3. 3 InterTech Environmental & Engineering, LLC Understanding the BLM RMP Planning Process & Participating More Effectively Nuts and Bolts of the RMP/EIS Planning Process Wyoming RMP Initiative RMPs and Domestic Energy Demand Planning Issues Identified for the Bighorn Basin and Buffalo RMPs Effective Participation in the Planning Process Questions/Comments Some of what I will talk about today is likely already common knowledge to many people in the room today� especially those that have some experience participating in other BLM RMPs in places like the Rawlins FO, or I dare say, any of the various Utah Plans. This is also not a comprehensive presentation; rather, is meant, what I hope, to stimulate further discussion�and encourage PAW and its members to be more proactive in the planning process. So, what we�ll cover in these short 30 minutes� Some of what I will talk about today is likely already common knowledge to many people in the room today� especially those that have some experience participating in other BLM RMPs in places like the Rawlins FO, or I dare say, any of the various Utah Plans. This is also not a comprehensive presentation; rather, is meant, what I hope, to stimulate further discussion�and encourage PAW and its members to be more proactive in the planning process. So, what we�ll cover in these short 30 minutes�

4. 4 InterTech Environmental & Engineering, LLC Nuts and Bolts of the RMP Planning Process July 2009: 74% of RMPs Completed 85 new or revised completed in past 5 years 36 major land use plans in progress 41 land use plans may need revision March 2-6, 2009: BLM National Land Use Planning Conference, Portland, OR Theme: �Keeping Pace with Change� Sustainable Resource Planning & Decision-Making Collaborating with Cooperators and Forming Partnerships Let�s begin with a little background information� �Collaborating with Cooperators�.� Ryan VanceLet�s begin with a little background information� �Collaborating with Cooperators�.� Ryan Vance

5. 5 InterTech Environmental & Engineering, LLC Nuts and Bolts of the RMP Planning Process BLM Land Use Planning Guided by: FLPMA of 1976, As Amended (Publ. Law 94-579), U.S.C. ��1701 - 1782 Public Lands Planning, 43 C.F.R. �� 1601 et seq. and �� 1610 et seq. Land Use Planning Manual and Handbook (BLM Manual Section1601 and H-1601-1) NEPA and BLM NEPA Handbook (H-1790-1) Planning for Fluid Mineral Resources Handbook (H-1624-1) Also, want to mention some of the key drivers of the BLM�s Resource Management Plan process�. Of course, there are broad range of other laws (e.g., ESA), and a number of other BLM planning manuals and handbooks that are integrated into the RMP process.Also, want to mention some of the key drivers of the BLM�s Resource Management Plan process�. Of course, there are broad range of other laws (e.g., ESA), and a number of other BLM planning manuals and handbooks that are integrated into the RMP process.

6. 6 InterTech Environmental & Engineering, LLC Nuts and Bolts of the RMP Planning Process If any of you have seen the BLM�s websites dedicated to a particular RMP, you�ve probably seen some form of this diagram illustrating the planning process and timeline. A quick run-through because I think it�s important�. And the thing that BLM has done is made a good effort to make the various documents associated with the planning process. Preparation Plan? Analysis of the Management Situation (AMS or sometimes MSA) Reasonably Foreseeable Development Scenario? Mineral Report Socioeconomic Report But I really want to focus today on this part of process be/c. it�s my opinion that this phase is really the crux of the planning process, It is what will be analyzed for each alternative in the EIS based on: Goals are broad statements of desired outcomes (e.g., maintain ecosystem health and productivity, promote community stability, ensure sustainable development) that usually are not quantifiable. Objectives identify specific desired outcomes for resources. Objectives are usually quantifiable and measurable and may have established timeframes for achievement (as appropriate). Allowable uses. Land use plans must identify uses, or allocations, that are allowable, restricted, or prohibited on the public lands and mineral estate. Management actions. Land use plans must identify the actions anticipated to achieve desired outcomes, including actions to maintain, restore, or improve land health. These actions include proactive measures (e.g., measures that will be taken to enhance watershed function and condition), as well as measures or criteria that will be applied to guide day-to-day activities occurring on public land. Land use plans also establish administrative designations such as ACECs, recommend proposed withdrawals, land tenure zones, and recommend or make findings of suitability for congressional designations (such as components of the National Wild and Scenic River System). If any of you have seen the BLM�s websites dedicated to a particular RMP, you�ve probably seen some form of this diagram illustrating the planning process and timeline. A quick run-through because I think it�s important�. And the thing that BLM has done is made a good effort to make the various documents associated with the planning process. Preparation Plan? Analysis of the Management Situation (AMS or sometimes MSA) Reasonably Foreseeable Development Scenario? Mineral Report Socioeconomic Report But I really want to focus today on this part of process be/c. it�s my opinion that this phase is really the crux of the planning process, It is what will be analyzed for each alternative in the EIS based on: Goals are broad statements of desired outcomes (e.g., maintain ecosystem health and productivity, promote community stability, ensure sustainable development) that usually are not quantifiable. Objectives identify specific desired outcomes for resources. Objectives are usually quantifiable and measurable and may have established timeframes for achievement (as appropriate). Allowable uses. Land use plans must identify uses, or allocations, that are allowable, restricted, or prohibited on the public lands and mineral estate. Management actions. Land use plans must identify the actions anticipated to achieve desired outcomes, including actions to maintain, restore, or improve land health. These actions include proactive measures (e.g., measures that will be taken to enhance watershed function and condition), as well as measures or criteria that will be applied to guide day-to-day activities occurring on public land. Land use plans also establish administrative designations such as ACECs, recommend proposed withdrawals, land tenure zones, and recommend or make findings of suitability for congressional designations (such as components of the National Wild and Scenic River System).

7. 7 InterTech Environmental & Engineering, LLC Wyoming RMP Initiative 2002 - present Illustrative purposes: Demonstrate the time/effort to draft and complete an RMP/EIS. 23% of the comments received were focused on energy and energy development; the next most was wildlife with14%. Draft RMP Comments: Rawlins (63,233/62,256 form letters � 977) Pinedale (99,836/95,302 form letters � 4,534)Illustrative purposes: Demonstrate the time/effort to draft and complete an RMP/EIS. 23% of the comments received were focused on energy and energy development; the next most was wildlife with14%. Draft RMP Comments: Rawlins (63,233/62,256 form letters � 977) Pinedale (99,836/95,302 form letters � 4,534)

8. 8 InterTech Environmental & Engineering, LLC Nuts and Bolts of the RMP Planning Process Issues Identified as Causing Schedule Delay Multiple review cycles Other non-RMP commitments of RMP Project Mgr. Inadequate studies (e.g., air, wilderness) and/or GIS data. Issues with quality of analysis or alternatives (third-party contractor). Changes in BLM policy and/or guidance. Source: EMPS Inc. 2009

9. 9 InterTech Environmental & Engineering, LLC RMPs and Domestic Energy Demand Economic Growth (and Recovery) will drive Energy Demand, domestically and globally. BLM RMPs have historically and will continue to affect socioeconomic growth, locally and domestically. Balancing values and needs for multiple-use land and resource management is complicated. More opportunities now than ever before to participate effectively in an RMP planning process. Fact 1: Economic Growth (and Recovery) will Drive Energy Demand, Domestically and Globally Industry Transportation Commercial Residential Fact 2: BLM RMPs have historically and will continue to affect economic growth. Fact 3: Balancing multiple-use resource management is complicated. Fact 4: There more opportunities now than ever before to participate in RMP planning process. Fact 1: Economic Growth (and Recovery) will Drive Energy Demand, Domestically and Globally Industry Transportation Commercial Residential Fact 2: BLM RMPs have historically and will continue to affect economic growth. Fact 3: Balancing multiple-use resource management is complicated. Fact 4: There more opportunities now than ever before to participate in RMP planning process.

10. 10 InterTech Environmental & Engineering, LLC Non-fossil energy use grows rapidly, but fossil fuels still provide 78 percent of total energy use in 2035 Illustrative purposes of the importance of fossil fuels to meet forecasted demand (worldwide consumption expected to increase by 35% to 2035). Illustrative purposes of the importance of fossil fuels to meet forecasted demand (worldwide consumption expected to increase by 35% to 2035).

11. 11 InterTech Environmental & Engineering, LLC Shale gas and Alaska production offset declines in supply to meet consumption growth and lower import needs Natural gas and renewables account for the majority of capacity additions from 2008 to 2035 So, if you need any motivation, these last three slides should give the motivation you need. Natural gas and renewables account for the majority of capacity additions from 2008 to 2035 So, if you need any motivation, these last three slides should give the motivation you need.

12. 12 InterTech Environmental & Engineering, LLC Planning Issues Identified for the Bighorn Basin and Buffalo RMPs Bighorn Basin 27 Major Issue Areas (BLM) 15 Major Issue Areas (Public Scoping) Climate Change, Watershed & Air Management, Energy & Minerals, Fire/Fuels, Invasive Spp., Biological, Wild Horses, Visual, Cultural/Paleo, Lands & Realty, Grazing, Recreation, Travel, Special Designations, Socioeconomics Buffalo 27 Major Issue Areas (BLM) 12 Major Issue Areas (Public Scoping) Air/Climate, Water, Wetlands, Energy & Minerals, Biological, Cultural, Lands & Realty, Grazing, Invasive Spp., Recreation, Travel, Special Designations, Socioeconomics Bighorn Basin: Prepare list of the 27 major issue areas from prep. Plan �The team leader, field office public affairs officer, and the management team will assess the efficiency and success of the public participation plan. The public participation plan will be altered to take advantage of changes in policy direction, schedules, budgets, and manpower.�Bighorn Basin: Prepare list of the 27 major issue areas from prep. Plan �The team leader, field office public affairs officer, and the management team will assess the efficiency and success of the public participation plan. The public participation plan will be altered to take advantage of changes in policy direction, schedules, budgets, and manpower.�

13. 13 InterTech Environmental & Engineering, LLC Effective Participation in the RMP Planning Process Keys to the Participatory Process Visibility Consistency Establishing Status For potential protest (43 C.F.R. �� 1610.5-2)

14. 14 InterTech Environmental & Engineering, LLC Effective Participation in the RMP Planning Process

15. 15 InterTech Environmental & Engineering, LLC Effective Participation in the RMP Planning Process Appendix A � BLM HB H-1601 - Collaborative Planning Be inclusive and explicitly acknowledge the interests of distant groups, individuals, industry, corporations, and other agencies. An effective collaborative process for public land planning assures that local, regional, and national interests are integrated. Distant interests are sought out and encouraged. Effective outreach is the best way to get beyond the barriers to successful participation. Ensure multiple options for participation. Importance of changing technologies that will allow extraction of �unconventional� sources with technology. E.G., H&P rigs No mention in the prep plan of working groups or RAC Importance of changing technologies that will allow extraction of �unconventional� sources with technology. E.G., H&P rigs No mention in the prep plan of working groups or RAC

16. 16 InterTech Environmental & Engineering, LLC Effective Participation in the RMP Planning Process Appendix A � BLM HB H-1601 - Collaborative Planning (cont.) Clearly cite the authority of collaborative groups, including that of the BLM, and ensure accountability. Participants must understand the roles of all parties in the planning effort. If the planning effort includes other participants with jurisdictional responsibilities or decision-making authority, the responsibilities of each must be clearly identified. Decisions made by each jurisdiction must be within their own authorities. The BLM retains decision-making authority for all decisions on BLM lands. The BLM does not need to be the lead agency for agency personnel to participate in collaborative efforts. Importance of changing technologies that will allow extraction of �unconventional� sources with technology. E.G., H&P rigs No mention in the prep plan of working groups or RAC Importance of changing technologies that will allow extraction of �unconventional� sources with technology. E.G., H&P rigs No mention in the prep plan of working groups or RAC

17. 17 InterTech Environmental & Engineering, LLC Effective Participation in the RMP Planning Process Appendix A � BLM HB H-1601 - Collaborative Planning (cont.) Use collaboration to enhance and complement standard public involvement requirements. Individuals or groups that were unable or chose not to participate in a collaborative process are still entitled to full input through legally required public review and comment processes. Recognize that collaborative processes may not be effective everywhere. The BLM manager retains the authority to manage the planning process and may choose to move forward with traditional planning processes if collaborative efforts are ineffective or become unacceptably lengthy. Importance of changing technologies that will allow extraction of �unconventional� sources with technology. E.G., H&P rigs No mention in the prep plan of working groups or RAC Importance of changing technologies that will allow extraction of �unconventional� sources with technology. E.G., H&P rigs No mention in the prep plan of working groups or RAC

18. 18 InterTech Environmental & Engineering, LLC Effective Participation in the RMP Planning Process How a Collaborative Working Group Can Help the Planning Process Provides new ideas to BLM. Communicates issues more clearly to BLM staff and other group members. Serves as a review of the Action Alternatives. Keeps alternatives development on track. Fine tunes alternatives and improves credibility. Importance of changing technologies that will allow extraction of �unconventional� sources with technology. E.G., H&P rigs No mention in the prep plan of working groups or RAC Importance of changing technologies that will allow extraction of �unconventional� sources with technology. E.G., H&P rigs No mention in the prep plan of working groups or RAC

19. 19 InterTech Environmental & Engineering, LLC Effective Participation in the RMP Planning Process Summary and Conclusions Participation should occur during Alternative Development Phase of the planning process; that is, through working groups made up of individuals with technical skills. Participation in collaborative a working group can be critical to improving Action Alternatives. Industry participation may be better served by engaging with the BLM using one voice. Comments on Draft RMP/EIS must be focused and specific to particular goals, objectives, allocated uses, and management actions. Be prepared to provide viable alternatives. Importance of changing technologies that will allow extraction of �unconventional� sources with technology. E.G., H&P rigs No mention in the prep plan of working groups or RACImportance of changing technologies that will allow extraction of �unconventional� sources with technology. E.G., H&P rigs No mention in the prep plan of working groups or RAC

20. 20 InterTech Environmental & Engineering, LLC Acknowledgements EMPS Inc., Boulder, Colorado Jim Branch, Exxon Mobil, Piceance Basin Rob Garland, P.G., CEO/President, InterTech

21. 21 InterTech Environmental & Engineering, LLC References http://www.blm.gov/wy/st/en/programs/Planning/rmps/bighorn.html http://www.blm.gov/wy/st/en/programs/Planning/rmps/buffalo.html http://www.blm.gov/pgdata/etc/medialib/blm/ak/aktest/planning/planning_general.Par.65225.File.dat/blm_lup_handbook.pdf http://www.blm.gov/pgdata/etc/medialib/blm/wo/Information_Resources_Management/policy/blm_handbook.Par.24487.File.dat/h1790-1-2008-1.pdf Larvie, Veronica, �Nuts and Bolts of Federal Land-Use Planning in Infrastructure Siting: Access, Permitting, and Development of Energy Projects, �Energy Development: Access, Siting, Permitting, and Delivery on Public Lands, Paper No. 7A, Page 2-1 (Rocky Mt. Min. L. Fdn. 2009).

22. 22 InterTech Environmental & Engineering, LLC Contact Information David P. Kane InterTech Environmental & Engineering, LLC 3821 Beech St. Laramie, WY 82070 Mobile: 307.660.9466 Email: dkane@intertechee.com

23. 23 InterTech Environmental & Engineering, LLC Questions & Comments