TIM CHARTERS STAFF DIRECTOR U.S. HOUSE COMMITTEE ON NATURAL RESOURCES SUBCOMMITTEE ON ENERGY AND MINERAL RESOURCES “ WHY BUILDING A SOLAR PROJECT ON FEDERAL LANDS IN A FEDERAL SOLAR ENERGY ZONE IS CRAZYTOWN”

OPPORTUNITIES AND CHALLENGES FOR SOLAR DEVELOPMENT ON FEDERAL LANDS IN THE WESTERN UNITED STATES Solar resource availability as it impacts land ownership BLM Federal lands management focusing on lands available for solar development Challenges of the BLM permitting process Congressional Action and Opportunities

ZOOM ON UTAH SEZ AREAS

DRY LAKE SOLAR ENERGY ZONE, NV

The Bureau of Land Management (BLM), within the U.S. Department of the Interior, manages 258 million acres of land in the West. BLM has left open roughly 285,000 acres in Solar Energy Zones (SEZ) in 6 states across the Southwest. Since 2005, BLM has approved 29 solar energy projects, most in the last 5 years, with a combined energy potential of approximately 8,586 megawatts. Question is why is this process so slow? THE BLM STORY ON SOLAR PERMITTING OVER THE LAST DECADE SINCE EPACT05

BLM PERMITTING MAZE The BLM is responsible for authorizing utility-scale solar energy developments through a Right-of-Way (ROW) permit under Title V of the Federal Land Policy and Management Act (FLPMA) of Solar energy developers must complete the following process to secure a Right-of-Way permit allowing them to develop a project on public lands or successfully win a lease at a competitive auction.

STEP 1: SUBMIT RIGHT-OF-WAY GRANT APPLICATION (0-30 DAYS) (TOTAL TIME 0-30 DAYS)

STEP 2: SUBMIT PLAN OF DEVELOPMENT (BLM’S GOAL IS 60 DAYS, BUT MAY TAKE MONTHS) (TOTAL TIME MONTHS)

STEP 3: CONDUCT ENVIRONMENTAL REVIEW ( MONTHS) (TOTAL TIME 28 – 55 MONTHS) NOTICE OF INTENTSCOPING PROCESSDRAFT EIS AGENCY AND PUBLIC REVIEW & COMMENT FINAL EISRECORD OF DECISION

STEP 4: ISSUE RECORD OF DECISION (ROD) (???) (TOTAL TIME 28 – 55 MONTHS + ???) Following the successful completion of the environmental review process, inventories, and reports, the BLM will issue a Record of Decision, either granting or denying the ROW application. If granted, the applicant also receives a Notice to Proceed (NTP), allowing the construction phase to begin.

STEP 5: NOT DISCUSSED IN TIMELINE Lawsuits by environmental groups Delays by other Agencies Delays as a result of responses by applicant related to BLM, FWS, or other agency demands for information

CONGRESSIONAL ACTIONS AND OPPORTUNITIES NEPA Reform for Renewables (Hastings - WA) “Project Go or No Go” NEPA Onshore Energy Planning (Tipton - CO) Establish 4 year onshore all-of-the-above energy planning for federal lands Improving funding for permitting (Lamborn – CO) Expand renewable revenue sharing with local communities (Gosar – AZ) Expanding SEZs

CLOSING Reality is, without reform of the permitting process or a better commitment to ensuring projects sited on federal lands can get permitted in a timely fashion America will continue to see solar development on federal lands flounder.