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RENEWABLE ENERGY AND PUBLIC LANDS. WIND ENERGY. WIND ENERGY IS A ROW ACTION. ALL REGULATIONS RELATED TO FLPMA, NEPA, ESA, MIGRATORY BIRD TREATY ACT, ANTIQUITIES ACT APPLY. SOLAR ENERGY. ALSO A ROW ACTION. MULTIPLE USE TO SINGLE USE.
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WIND ENERGY WIND ENERGY IS A ROW ACTION ALL REGULATIONS RELATED TO FLPMA, NEPA, ESA, MIGRATORY BIRD TREATY ACT, ANTIQUITIES ACT APPLY
SOLARENERGY ALSO A ROW ACTION MULTIPLE USE TO SINGLE USE ALL REGULATIONS RELATED TO FLPMA, NEPA, ESA, MBTA, ANTIQUITIES ACT APPLY
Basics for ROW Processing • WIND • First in Time-First in Line policy for overlapping applications • Testing- requires application for testing (MET Towers [3 years]) • May require NEPA, ESA, other clearances • Development- ROW application, Plan of Development within 90 days, ROW issued for 30 years subject to renewal • SOLAR • Submit Application • Guidance/Policy- Plan of Development within 90 days • ROW issued for 30 years subject to renewal
CHALLENGES • FED/STATE/PRIVATE RENEWABLE ENERGY APPLICATIONS – NO COORDINATION • INSUFFICIENT OR NO TRANSMISSION INFRASTRUCTURE IN WIND APPLICATION AREAS • SOLAR PROJECTS WILL RESULT IN MULTIPLE USE TO SINGLE USE LANDS • SOME SOLAR PROJECTS MAY REQUIRE VERY LARGE AMOUNTS OF WATER. • ie. 6 TO 13 AC. FT./ YR / MW (325,000 X 6 = 1,950,000 x 5mw = 9,750,000 gallons / yr. • solar trough and power tower are high water user types • solar dish and photovoltaic are low water users types • 6. EXISTING POWERLINE ROW’S MAY NOT BE SUFFICIENT ie. EXPAND WIDTH OF CORRIDORS TO ALLOW CONSTRUCTION OF LARGER LINES WHILE MAINTAINING USE OF EXISTING LINES
MEETING THE CHALLENGE BLM HAS COMPLETED NATIONAL PROGRAMMATIC EIS’s FOR WIND, GEOTHERMAL AND ENERGY CORRIDORS CURRENTLY WORKING ON THE NATIONAL SOLAR EIS DEVELOPING A STRATEGY FOR A STATEWIDE RENEWABLE ENERGY EIS THE GOAL IS TO AVOID A GOLD RUSH MENTALITY AND DEVELOP A PROCESS THAT ADDRESSES ALL CONCERNS
BLM NEW MEXICO RENEWABLE RESOURCE NEPA PROCESS • OBJECTIVES • AMEND EXISTING RESOURCE MANAGEMENT PLANS • TRY TO LIMIT OR REDUCE THE IMPACTS ON PEOPLE, COMMUNITIES AND NATURAL RESOURCES • REDUCE THE AMOUNT OF TIME REQUIRED FOR APPROVAL • FOCUS DEVELOPMENT INTO SPECIFIC AREAS INSTEAD OF WIDESPREAD DEVELOPMENT
SOLAR DEVELOPMENT AND PUBLIC LAND GRAZING • PROCESS • COMPANY SUBMITS APPLICATION • BLM NOTIFIES PERMITTEE ASAP • A. On site visit with company/permittee/BLM • COMPANY MUST HAVE A PERFECTED APPLICATION PRIOR TO INITIATION OF NEPA • Plan of Operations • Water rights secured (if needed and depending on facility) • All required studies and analyses • Cost Reimbursable Agreement in place • ONCE THE APPLICATION IS PERFECTED THE 2 YEAR PERMITTEE NOTIFICATION OCCURS
2 YEAR PERMITTEE NOTIFICATION PROCESS • BEGINS ONCE THE APPLICATION IS PERFECTED AND NEPA STARTS • ONCE A DECISION, THRU NEPA, IS MADE PERMITTEE CAN PROTEST AND APPEAL THE DECISION • PRIOT TO END OF 2 YEAR NOTIFICATION PERMITTEE AND COMPANY MAY • Agree to negotiated settlement • Develop mitigation • If settlement or mitigation occurs, permittee will be asked to sign a waiver • Compensation from company would include value of range improvements.