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BLM’s Right-of-Way Program

IRWA 2013 Federal Agency Update Bureau of Land Management (BLM) U.S. Forest Service (USFS) Energy Corridors & Rapid Response Team. BLM’s Right-of-Way Program. Administer over 106,000 ROWs (most in 11 western states) FY12 collected over $50 million in rent

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BLM’s Right-of-Way Program

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  1. IRWA 2013 Federal Agency UpdateBureau of Land Management (BLM)U.S. Forest Service (USFS)Energy Corridors & Rapid Response Team

  2. BLM’s Right-of-Way Program Administer over 106,000 ROWs (most in 11 western states) FY12 collected over $50 million in rent Title V of Federal Land Policy and Management Act (FLPMA) of 1976 • wind/solar energy development • transmission lines • roads • wireless telecommunications (broadband) • pipelines (non-oil/gas) Section 28 of Mineral Leasing Act of 1920 (MLA) • oil pipelines • gas pipelines Allow non-exclusive use (typical 30 year term with right to renew)

  3. USFS’s Special Uses Program Manage over 74,000 special use authorizations • Agency collects over $100 million in land-use fees annually • Federal royalties from oil and gas leases on NFS lands were $136 million in calendar year 2009. Energy ROWs • 6,600 miles of energy-related pipeline • 15,000 miles of transmission line Allow non-exclusive use (typical 30 year term with right to renew) FLPMA and Mineral Leasing Act also direct USFS authorizations

  4. Energy Policy Act (EPAct) of 2005Section 368 Energy Corridors

  5. EPAct Section 368 Energy Corridors Section 368 directs Secretaries of Interior, Agriculture, Defense, Commerce, and Energy to designate corridors in 11 western states • 2008 DOE, BLM, USFS, DOD, USFWS issue Final Programmatic EIS • 2009 BLM ROD designates 5,000 miles of corridors, amends 92 land use plans • 2009 USFS ROD designates 990 miles of corridors, amends 38 land management plans NOTE: BLM has thousands of miles of “locally designated” corridors established under FLPMA Section 503

  6. Environmental Review

  7. Affected States

  8. Section 368 Energy Corridors continued • Corridor Uses: oil, gas, hydrogen pipelines, electric transmission • Identified centerline, width (typically 3,500’) and compatible uses • Corridors preferred locations for future projects • RODs do not mandate projects be confined to corridors • RODs include Interagency Operating Procedures (IOPs) - mandatory requirements to expedite applications and improve consistency

  9. Energy Corridor Litigation July 2009 multiple NGO’s file suit (Wilderness Society, et al. v. United States Department of the Interior, et al.,) Plaintiffs identify 45 Corridors of Concern (COC) in 11 states Siting projects within COCs may involve: • additional litigation • increased mitigation • significant environmental impacts • consideration of alternative siting options

  10. Plaintiffs Corridors of Concern

  11. Energy Corridor Litigation continued July 2012 case dismissed per Settlement Agreement Key Actions • Oct 2012 - BLM/USFS invite Tribes, industry, environmental groups to participate in training • Oct 2013 - July 2014 BLM/USFS/DOE provide quarterly reports to Plaintiffs • July 2013 - BLM/USFS update corridor guidance and training materials • July 2013 - BLM/USFS/DOE complete MOU, develop work group, develop corridor study plan • July 2014 - BLM/USFS/DOE complete corridor study and provide recommendations to agency managers

  12. Energy Corridor Litigation continued Stakeholders (including the public) will be engaged in: • Corridor review process and revisions to Interagency Operating Procedures (IOPs) • Future land use plan amendments that consider workgroup recommendations Current Status • Workgroup established (DOE/BLM/USFS) • Developing MOU • Developing Communication Plan • Revising 3 training courses • Updating policy

  13. MOU Summary Approved October 2009 for Coordination of Federal Permitting for Transmission Lines on Federal Lands Purpose: • expedite siting and construction of qualified projects • improve coordination among applicants, federal agencies, states, tribes • improve uniformity, consistency, and transparency • DOE designates single lead agency, monitors schedules Qualifying Projects: • Cross jurisdictions of two or more MOU agencies • Generally 230kV and above • Regionally/nationally significant lines

  14. Rapid Response Team for Transmission (RRTT) – June 2011 Improve quality and timeliness of transmission permitting, review, and consultation by the Federal government on Federal and non‐Federal lands by: • Coordinating permitting, review, and consultation schedules and processes among Federal and state agencies • Apply uniform and consistent approach to Tribal consultations • Resolve interagency conflicts, ensure agencies engaged and meet timelines • October 2011 announce 7 pilot projects

  15. RRTT Ongoing Actions Projects approved • CAPX 2020 Hampton-Lacrosse • Susquehanna-Roseland • Issue resolution for 5 western projects • Develop robust and clear application process • Tool Kit • Pursue dedicated, funded transmission teams • Evaluate cost recovery authorities • Best Management Practices • Template documents • Mitigation guidance • Consistent terms and conditions • Early definition of permit/data requirements

  16. Lucas Lucero, Branch ChiefBLM - Washington Office202-912-7342llucero@blm.govElectric Transmission & Corridors: www.blm.gov/wo/st/en/prog/energy/transmission.htmlRights-of-Way:http://www.blm.gov/wo/st/en/prog/energy/cost_recovery_regulations.htmlVaughan Marable USFS - Special Uses Manager 202-205-1162vdmarable@fs.fed.us

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