National Environmental Policy Act Implementing Procedures for the Bureau of Land Management (516 DM 11)
Published Date: 1/16/2025
Notice
Summary
The Bureau of Land Management (BLM) just added a new shortcut to speed up checking geothermal energy spots on federal lands. Starting January 16, 2025, this change helps energy companies test geothermal resources faster without extra paperwork, boosting clean energy development. If you’re involved in geothermal projects, expect quicker approvals and smoother processes!
Analyzed Economic Effects
5 provisions identified: 1 benefits, 3 costs, 1 mixed.
BLM Adds CX for Geothermal Testing
If you run or invest in geothermal projects on BLM-managed land, the BLM added a categorical exclusion (CX) effective January 16, 2025 that lets the agency approve operations plans and associated Geothermal Drilling Permits for geothermal resource confirmation projects pursuant to 43 CFR part 3200, subpart 3260. This lets BLM use the CX to complete NEPA review for qualifying confirmation projects instead of preparing an EA or EIS.
20‑Acre Surface Disturbance Cap
To qualify for the CX, a geothermal resource confirmation project must not exceed 20 acres of total (contiguous or noncontiguous) surface disturbance. Projects larger than 20 acres cannot rely on this CX and would need further NEPA review.
Reclamation and 10‑Year Limit
Projects approved under the CX must require reclamation of all surface disturbances when their intended purpose is fulfilled, and temporary routes must be reclaimed so vegetative cover is reestablished as soon as possible, but at most within 10 years after approved reclamation commences. Temporary routes are not made available for public use unless specifically intended to accommodate public use.
CX Excludes Resource Utilization
The CX explicitly does not include resource utilization or the construction or operation of geothermal power plants. Any utilization or production phase would be subject to a separate authorization decision and its own NEPA review (EA or EIS).
Extraordinary Circumstances Review Required
Even when a project falls within the CX, the BLM must evaluate whether any extraordinary circumstances are present under 43 CFR 46.205 and 46.215. If extraordinary circumstances exist, the Responsible Official must prepare an EA or EIS before authorizing the action. The BLM will document reliance on the CX and post that documentation on its NEPA register.
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