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on adjacent non-BLM-administered lands is entirely dependent on obtaining
ROW access across BLM-administered public lands and there are no
alternatives to that access, the NEPA analysis for the proposed ROW may
need to assess the environmental effects from that proposed development.
The BLM’s analyses of ROW access projects may tier based on the PEIS to
the extent that the proposed project falls within the scope of the PEIS
• Site-specific environmental analyses will tier from the PEIS and identify and
assess any cumulative impacts that are beyond the scope of the cumulative
impacts addressed in the PEIS.
• The Categorical Exclusion (CX) applicable to the issuance of short-term
ROWs or land use authorizations may be applicable to some site monitoring
and testing activities. The relevant CX, established in the BLM NEPA
Handbook, H-1790-1, Appendix 4, Section E. 19 (January 30, 2008),
encompasses “issuance of short-term (3 years or less) rights-of-way or land
use authorizations for such uses as storage sites, apiary sites, and construction
sites where the proposal includes rehabilitation to restore the land to its natural
or original condition.” The CX for “nondestructive data collection, inventory,
study, research, and monitoring activities” may also be applicable to wind
energy site testing and monitoring activities.
• The BLM will require financial bonds for all wind energy development
projects on BLM-administered public lands to ensure compliance with the
terms and conditions of the rights-of-way authorization and the requirements
of applicable regulatory requirements, including reclamation costs. The
amount of the required bond will be determined during the rights-of-way
authorization process on the basis of site-specific and project-specific factors.
A minimum bond will be required for site monitoring and testing
• Entities seeking to develop a wind energy project on BLM-administered
public lands shall develop a project-specific Plan of Development (POD) that
incorporates all BMPs and, as appropriate, the requirements of other existing
and relevant BLM mitigation guidance, including the BLM’s offsite mitigation
guidance. Additional mitigation measures will be incorporated into the POD
and into the ROW authorization as project stipulations, as needed, to address
site-specific and species-specific issues. The POD will include a site plan
showing the locations of turbines, roads, power lines, other infrastructure, and
other areas of short- and long-term disturbance.
• The BLM will incorporate management goals and objectives specific to
habitat conservation for species of concern (e.g., sage-grouse, raptors, bats), as
appropriate, into the POD for proposed wind energy projects.