RENEWABLE ENERGY AND PUBLIC LANDS

WIND ENERGY IS A ROW ACTION WIND ENERGY 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 ALL REGULATIONS RELATED TO FLPMA, NEPA, ESA, MBTA, ANTIQUITIES ACT APPLY

Basics for ROW Processing WIND 1.First in Time-First in Line policy for overlapping applications 2.Testing- requires application for testing (MET Towers [3 years]) May require NEPA, ESA, other clearances 3.Development- ROW application, Plan of Development within 90 days, ROW issued for 30 years subject to renewal SOLAR 1.Submit Application 2.Guidance/Policy- Plan of Development within 90 days 3.ROW issued for 30 years subject to renewal

CHALLENGES 1.FED/STATE/PRIVATE RENEWABLE ENERGY APPLICATIONS – NO COORDINATION 2.INSUFFICIENT OR NO TRANSMISSION INFRASTRUCTURE IN WIND APPLICATION AREAS 3.SOLAR PROJECTS WILL RESULT IN MULTIPLE USE TO SINGLE USE LANDS 4.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

WIND ENERGY COULD ACCOMMODATE MANY MULTIPLE USES

TRY TO LIMIT SOLAR DEVELOPMENT TO LOW POTENTIAL LANDS

SOLAR DEVELOPMENT AND PUBLIC LAND GRAZING PROCESS 1.COMPANY SUBMITS APPLICATION 2.BLM NOTIFIES PERMITTEE ASAP A. On site visit with company/permittee/BLM 3.COMPANY MUST HAVE A PERFECTED APPLICATION PRIOR TO INITIATION OF NEPA A.Plan of Operations B.Water rights secured (if needed and depending on facility) C.All required studies and analyses D.Cost Reimbursable Agreement in place 4. ONCE THE APPLICATION IS PERFECTED THE 2 YEAR PERMITTEE NOTIFICATION OCCURS

2 YEAR PERMITTEE NOTIFICATION PROCESS 1.BEGINS ONCE THE APPLICATION IS PERFECTED AND NEPA STARTS 2.ONCE A DECISION, THRU NEPA, IS MADE PERMITTEE CAN PROTEST AND APPEAL THE DECISION 3.PRIOT TO END OF 2 YEAR NOTIFICATION PERMITTEE AND COMPANY MAY a.Agree to negotiated settlement b.Develop mitigation c.If settlement or mitigation occurs, permittee will be asked to sign a waiver d. Compensation from company would include value of range improvements.