A User s Guide for Advocates: the Bureau of Land Management s Western Solar Plan

A User s Guide for Advocates: the Bureau of Land Management s Western Solar Plan Introduction This guide is intended to highlight the most important elements of the Department of Interior s Bureau of Land Management (BLM s) decisions in the agency s western solar plan so that conservationists can effectively use the policy to protect wilderness quality lands, wildlife habitat and other resources and values by guiding large scale solar development to low conflict zones. We hope that use of the guide will ultimately help advance both conservation and responsible utility scale solar development on public lands. Table of Contents 1.0 Background (p. 2) 2.0 Scope of the Solar Programmatic EIS Record of Decision (p. 2) 3.0 Land allocations (p. 2) 3.1 Exclusion areas (p. 3) 3.2 Solar Energy Zones (p. 3) 3.3 Variance lands (p. 3) 4.0 Design features (p. 4) 5.0 Solar energy program policies (p. 5) 5.1 General authorization policies (p. 5) 5.2 Monitoring and adaptive management (p. 5) 5.3 Solar Energy Zone (SEZ) policies (p. 6) 5.3.1 National Environmental Policy Act, Endangered Species Act and cultural resources review; tribal consultation (p. 6) 5.3.2 Incentives for projects in SEZs (p. 7) 5.3.3 Regional mitigation plans for SEZs (p. 8) 5.3.4 Identification protocol for new or expanded SEZs (p. 8) 5.3.5 Treatment of SEZs identified subsequent to Record of Decision (p. 10) 5.4 Variance area policies (p. x) 5.4.1 Factors to be considered in processing Right of Way applications (p. 10) 5.4.2 Desert tortoise guidance (p. 11) 5.4.3 Greater sage grouse guidance (p. 11) 5.4.4 Protecting resources and values of National Park System Units (p. 11) 6.0 Contact information (p. 12) 1

1.0 Background The Department of the Interior s Bureau of Land Management (BLM) finalized more than four years of work to establish a coherent set of policies governing large scale solar energy development on the public lands when it signed a Record of Decision (ROD) formally establishing a new western solar plan. The ROD describes the Interior Department s decisions regarding utility scale solar energy development on BLM administered lands in six southwestern states. The ROD documents the BLM s decisions, which consist of land use plan amendments that establish the foundation for a comprehensive Solar Energy Program. In addition, although the BLM has existing guidance for solar energy, the ROD also describes updated and revised BLM policies and procedures related to solar energy development on public lands. The ROD states, These policies and procedures provide internal administrative guidance to the BLM regarding the processing of Right of Way (ROW) applications for utility scale solar energy projects. (ROD at page 1) The proposed action and alternatives, including both land use decisions and policies, were evaluated through the preparation of the Final Programmatic Environmental Impact Statement for Solar Energy Development in Six Southwestern States (Solar PEIS). 2.0 Scope of Solar PEIS Record of Decision (pp. 3 5) The ROD sets out decisions regarding utility scale solar energy development on BLM administered lands in six southwestern states (Arizona, California, Colorado, Nevada, New Mexico, and Utah) aimed at driving a high pace of development with relatively few environmental impacts and at a low cost to the government, developers and stakeholders. Under the western solar plan, utility scale is defined as facilities with capacities of 20 megawatts (MW) or greater, and lands analyzed are limited to those with solar insolation levels greater than 6.5 kwh/m2/day. Plan amendments will not affect required linear infrastructure (roads, pipelines, transmission); guidance for these decisions is in relevant land use plans. 1 The program will guide the processing of all new utility scale solar energy applications on BLM administered lands. The BLM defines new applications as any applications filed within proposed SEZs after June 30, 2009, and any applications filed within proposed variance and/or exclusion areas after the October 28, 2011 (date of publication of the Supplement to the PEIS). The ROD does not provide guidance or direction for pending applications for utility scale solar energy development on BLM administered lands. 2 The ROD does not eliminate the need for site specific environmental reviews for any future utility scale solar energy development project. It also does not provide for any categorical exclusions from the National Environmental Policy Act (NEPA), although it does provide significant analysis which all future projects will refer to as appropriate. 3.0 Land allocations (pp. 27 43) The ROD amends 89 plans to identify exclusion areas, identify Solar Energy Zones (SEZs), identify variance lands, and establish design features for solar development. Land use plan decisions being made are applicable only to utility scale 2

solar energy generation facilities management decisions for supporting infrastructure and solar projects <20 MW will continue to be made in accordance with existing land use plan decisions and current applicable policy and procedures. The solar energy development program establishes 3 categories of land determinations 3 : 3.1 Exclusion areas (p. 37) Exclusion areas are areas not available for location of solar energy ROWs under any condition. These are lands with sensitive resources or other features incompatible with utility scale solar development to be excluded from utility scale solar energy development (about 79 million acres). All future utility scale solar energy development must be in conformance (43 CFR 1601.0 5(b)) with the exclusions adopted through this ROD (see Table A 2, pages 37 41) and the associated land use plan amendments. Some exclusions are defined by geographic area; the geographic boundaries for these exclusion categories are explicitly defined through the ROD and its associated maps. 4 The remaining exclusion categories are defined by the presence of a specific land use designation in an applicable land use plan or the presence of a specific resource or condition. The geographic boundaries for such exclusion categories will change over time as land use plans are revised or amended and new information on resource conditions is developed. Identification or modification of existing exclusion areas will require amendment of existing land use plans. Consistent with existing planning regulations, applicants may request that the BLM amend a land use plan to allow for an otherwise nonconforming proposal (e.g., in an area where insolation is less than 6.5kWh/m 2 /day, or in a BLM designated Special Recreation Management Area). The BLM will consider such requests on a case bycase basis. As is currently the case, the BLM will not accept applications in areas with additional legislative or policy protections (e.g. congressionally designated wilderness areas or national monuments designated under the Antiquities Act). 3.2 Solar Energy Zones (SEZ) (p. 37) SEZs are specific locations found suitable for utility scale production of solar energy (about 285,000 acres) on the basis of environmental review conducted to date. The ROD identifies 17 Solar Energy Zones (SEZs) and establishes a process for identifying new SEZs in the future. The identification of any new or modified SEZ will require the BLM to amend applicable land use plans. Changes to SEZ boundaries must be approved by the Washington Office of the BLM and cannot be made at the field office level. ROWs for utility scale solar energy development in SEZs will be given priority over all other ROW applications (excepting pre existing ROW applications which are not subject to the PEIS). The BLM will develop regional mitigation plans for each SEZ to simplify and improve the mitigation process for future projects in SEZs. 3.3 Variance lands (p. 43) Variance lands are those areas that may be available for a utility scale solar energy ROW with special stipulations or considerations (about 19 million acres). To accommodate the flexibility described in the BLM s program objectives, the program allows for utility scale solar energy development in variance areas. All lands outside exclusion areas and SEZs are considered variance areas. 3

The BLM will consider ROW applications in variance areas on a case by case basis and subject to the variance process described in Appendix B.5. The responsibility for demonstrating to the BLM and other coordinating parties that a proposal in a variance area will avoid, minimize, and/or mitigate, as necessary, sensitive resources will rest with the applicant. The modification of variance areas would involve planning level decisions and require the BLM to amend applicable land use plans. Desert tortoise connectivity corridors are generally considered high risk and unsuitable for development under the ROD. However, site specific conditions have not been mapped thoroughly for desert tortoise connectivity. Maps included in the ROD are intended as a first line screening of variance areas, but applicants will be required to follow a special process for site specific assessment and ground truthing of the information in the map to determine whether the proposed location is appropriate to develop. 4.0 Design features (pp. 43 145) The ROD also establishes programmatic and site specific design features (similar to best management practices ) for design, construction and operation of projects. Design features are on site minimization and mitigation requirements that have been incorporated into the proposed action or alternatives to avoid and/or minimize adverse impacts. Design features are also identified specific to individual SEZs, and future SEZ designations must also include land use plan amendments to establish required SEZ specific design features. In evaluating project specific determinations, we recommend that conservationists assess the design features for those specific resources or values of concern and use those design features to advocate for minimizing or mitigating impacts to protect the resource. Programmatic design features are presented by resource type and by four project phases as applicable 1) general; 2) site characterization, siting and design, and construction; 3) operations and maintenance; and 4) reclamation and decommissioning. Design features address the broad possible range of direct and indirect impacts that may result from utility scale solar energy development. Management decisions for supporting infrastructure (such as roads and transmission lines) would continue to be made in accordance with existing land use plan decisions and current applicable policy and procedures. The BLM has stated that the expectation is that many of the requirements associated with programmatic design features will be met or substantially met by project developers for lands in SEZs. Programmatic design features are not intended to be unduly burdensome to the applicant. Applicants will not be expected to study resources or collect data beyond what is necessary to disclose and provide knowledge. The BLM will require that the planning and minimization activities specified through the programmatic design features be identified and disclosed as part of the project s Plan of Development (POD) to be submitted to the BLM with a ROW application for solar energy development on public lands. Required design features and any additional mitigation measures will be identified in ROW authorizations for individual projects. These measures will be monitored by solar energy project developers and the appropriate Federal agency to ensure their continued effectiveness. The BLM has committed to developing and incorporating a larger monitoring and adaptive management strategy to ensure that lessons learned are incorporated into the Solar Program and to inform changes to management actions based on resources responses to ongoing activities. 4

5.0 Solar energy program policies (pp. 147 190) The ROD establishes a range of solar energy program policies including general authorization policies, policies for monitoring and adaptive management, and policies for Solar Energy Zones and variance areas. 5.1 General authorization policies (pp. 147 158) The ROD lays out authorization policies that are applicable, noting that the BLM is currently undertaking a rulemaking to consider a competitive process that may supersede some of the authorizations. Key policies include: Competing applications if BLM determines competition exists, the agency has regulatory authority to use competitive bid procedures to determine which of the applications would be processed. Due diligence o Applicant qualifications ROWs require the applicant to include information on financial and technical capacity. In addition, BLM will include provisions in each ROW. The BLM can deny the application where technical and financial capability cannot be demonstrated. The BLM will focus on ensuring that the applicant meets the qualification requirements to prevent holding ROW authorizations for the purpose of speculating or hindering development. The BLM will consider factors including those set out in Instruction Memorandum 2011 060. These requirements are continuous and the BLM may ask for confirmation of applicant conformance with the requirements at any point. o Plan of Development (POD) The POD must be of sufficient detail to provide the basic information to begin the environmental analysis. Timely submittal of an acceptable POD is critical. The BLM initiates the process and developer has 90 days to respond; if there is no response, or response is inadequate, the developer receives another letter and 60 days to comply; a final 30 day show cause letter is provided prior to issuing any denial. Diligent development The ROW will require that the holder begin construction of the initial phase of development within 12 months after issuance of a Notice to Proceed (NTP), but no later than 24 months after the effective date of the ROW. For phased projects, construction of the subsequent phase must be no less than 3 years after the start of the previous construction phase. The BLM may suspend or terminate authorization when the holder fails to comply with terms and conditions. Before suspending or terminating, the BLM will send a written notice. Operating standards The BLM will conduct inspections of operations and may issue a temporary suspension of operations to protect public health, safety or the environment. 10 year review The ROW shall be reviewed at end of the 10 th year of issuance regardless of the operational circumstances, and at regular intervals not to exceed 10 years. Transfers or assignments The ROW may be assigned consistent with regulations but all assignments shall be approved by the BLM authorized officer, and qualifications of assignees must comply with the ROD. 5.2 Monitoring and adaptive management (pp. 158 159) The BLM has committed to developing and incorporating into its Solar Energy Program a monitoring and adaptive management strategy to ensure that data and lessons learned about the impacts of solar energy projects will be collected, reviewed, and, as appropriate, incorporated into the BLM s Solar Energy Program and individual projects in the future. See BLM framework for monitoring/adaptive management plan in Final PEIS (Section A.2.4 of Appendix A). The BLM commenced a pilot effort for establishing a monitoring and adaptive management strategy for the Solar Energy Program in the summer of 2012 in the Riverside East SEZ. Results of the pilot will be used by the BLM to refine the framework and establish a monitoring and adaptive management strategy for the Solar Energy Program. The ROD does 5

not provide a timeframe for completion. The BLM will issue policy and guidance as necessary following the completion of the pilot. 5.3 Solar Energy Zone policies (pp. 159 177) The BLM will establish rules for competitive leasing within SEZs. The rules may include a call for nominations, review of nominations, notice of competitive offer, bonus bid competitive process or other competitive procedures, issuance of competitive ROW lease authorization, and administration of competitive ROW leases. The BLM hopes to facilitate project development and review within designated SEZ in a streamlined and standardized manner. All projects in SEZs are to be authorized by the Department of Interior (DOI) Secretary or his/her deputies, therefore these projects are not subject to appeal to and review by the Interior Board of Land Appeals (IBLA). 5.3.1 NEPA, Endangered Species Act and cultural resources review; tribal consultation All projects are subject to site specific NEPA review, though projects can tier their analysis to the analysis in the Solar PEIS. Site specific analyses will focus narrowly on issues not already addressed in the PEIS SEZ analysis and/or the NEPA analysis completed to support the competitive offer (when parcels within SEZs are offered by the BLM through a competitive offer process). The level of tiering and additional analysis required will vary by project. Environmental Assessments (EAs) can be prepared for specific projects tiered under the PEIS SEZ analysis, even if there may be significant effects, if those effects were analyzed in the PEIS. An Environmental Impact Statement (EIS) may need to be prepared if the potentially significant effects of a project were not analyzed in the PEIS analysis. Through the Solar PEIS, extensive public involvement specific to solar energy development in SEZs has occurred. The BLM will use this input to inform future development in SEZs. Endangered Species Act consultation: Additional Endangered Species Act (ESA) consultation will occur as necessary. For projects in SEZs, project specific information will be provided that (1) describes each proposed action and the specific areas to be affected; (2) identifies the species and critical habitat that may be affected; (3) describes the anticipated effects from the proposed project; (4) specifies whether the anticipated effects from the proposed project are consistent with those analyzed in the programmatic Biological Opinion (BO); (5) describes proposed measures to minimize potential effects of the action; and (6) describes additional effects, if any, not considered in the programmatic consultation. The US Fish and Wildlife Service will review this information and, if applicable, will complete a BO that includes a project specific incidental take statement. This will generally require less effort because of the ability to utilize analysis in the programmatic BO. Cultural resources review: A Solar Programmatic Agreement (PA) has been executed among the BLM, the six State Historic Preservation Offices (SHPOs) and the Advisory Council on Historic Preservation (ACHP). For future solar development on public lands, the BLM will consult with the SHPO, Indian tribes, other consulting parties, and the ACHP regarding inventory, eligibility, effect, treatment, and the consideration of post review discoveries in accordance with the terms of the PA. Requirements for additional archeological surveys, ethnographic studies, or other actions needed to consider and protect historic properties shall be fully explained and agreed to as part of the submission of a POD. The 6

terms and conditions of the project authorization will require documentation of a completed BLM approved cultural resources mitigation plan before ground disturbance and construction may begin. Tribal consultation: The BLM has conducted tribal consultation through the PEIS. The BLM considers tribal consultation to be an open ended and ongoing process. For future projects in SEZs, BLM field office cultural staff will recommend whether to collect additional archaeological or ethnographic data. As part of development of Regional Mitigation Plans for the SEZs, the BLM will consult with Indian tribes, the SHPOs and the ACHP to devise more effective methods for consulting with tribes. 5.3.2 Incentives for projects in SEZs Within SEZs, solar developers enjoy multiple benefits designed to incentivize use of SEZs. Facilitate faster and easier permitting for projects in SEZs o The BLM will endeavor to adhere internally to strict schedules for the completion of environmental reviews for projects in SEZs. o DOI will undertake interagency coordination, provide a single point of contact, ensure timely performance of agencies, and facilitate stakeholder reviews. o The BLM will maintain Renewable Energy Coordination Offices (RECOs) in DC, CA, NV and AZ, and Renewable Energy Coordination Teams in CO, NM, and UT. o The BLM may, through its rulemaking process, establish a competitive process that results in the immediate issuance of a ROW lease authorization to the successful bidder. Improve and facilitate mitigation o The BLM will develop regional mitigation plans for SEZs that Will simplify and improve the mitigation process for development in SEZs. Will address mitigation for a variety of resources. Can increase permit efficiencies and financial predictability for developers. Are expected to increase the ability of state and federal agencies to invest in larger scale conservation efforts through the preservation or acquisition of higher quality habitat, improved connectivity between habitat areas, and long term conservation of landscapes. Allow developers to mitigate biological impacts through funding of conservation priorities identified in the regional mitigation plan. o Facilitate the permitting of needed transmission to SEZs The BLM will continue to evaluate the transmission needs of existing SEZs, including capacity on existing lines and the need for new or modified corridors; efforts will also be made to plan for any new or expanded corridors that are needed. As part of the identification process for new or expanded SEZs, BLM will simultaneously evaluate their transmission needs. Corridor designations may be achieved through a joint land use planning and NEPA process. The BLM will offer incentives to projects that propose to bring transmission to SEZs (e.g facilitated permitting of needed gen ties, transmission lines and upgrades by RECO staff, and identification of priority transmission projects that will receive facilitated permitting). The BLM will commit staff from RECOs and coordination teams to engage in ongoing and comprehensive regional and sub regional transmission planning efforts to ensure the recognition of SEZs as a priority in transmission development. For example, BLM will identify a BLM liaison to the Western Electricity Coordinating Council (WECC) and appropriate sub regional planning groups, as well as the California Independent System Operator (CAISO). 7

o o The BLM will seek to establish cooperative agreements, MOUs, and MOAs with Federal, state, local, and regional agencies, and tribes, as appropriate, to expedite permitting of needed transmission to support SEZ development. As part of the PEIS, BLM requested that the SEZs be reviewed as a case study by the Transmission Expansion Planning Policy Committee (TEPPC) of the WECC as part of the 2012 Study Program. This request was prioritized as high by the study program, meaning that it will be studied in the first round of TEPPC studies. For all new or expanded SEZs, the BLM will submit study requests for TEPPC analysis as appropriate. In preparing parcels in SEZs for competitive offer, the BLM will seek to make the most efficient use of existing corridors, consider opportunities for co location, and avoid geographically stranding future projects from key transmission interconnection points. Encourage solar energy development on suitable lands adjacent to SEZs For projects located jointly on SEZs and adjacent land low conflict lands, regardless of ownership, DOI s permitting incentives for SEZs would apply to the entire project. However, additional effort may be required to collect necessary data on lands outside of the existing SEZ. Provide economic incentives for development in SEZs The BLM anticipates lower cost recovery for projects in SEZs because of extensive upfront data collection and environmental review in PEIS. The BLM may, through its rulemaking effort: adopt a longer phase in period for rental payments for projects in SEZs (e.g. 10 years), effectively reducing overall cost. establish a fixed megawatt capacity fee for the life of the authorization for projects in SEZs, which could effectively reduce the overall cost. establish a limited base acreage rental payment for projects in SEZs, which could effectively reduce cost. restructure bonding requirements for projects in SEZs (e.g. a fixed or standard bond per acre), which could reduce costs. establish a 30 year fixed term lease with a fixed rental fee for projects in SEZs, which could reduce uncertainty for operators. 5.3.3 Regional mitigation plans for SEZs The BLM will establish regional mitigation plans for all SEZs, starting with a pilot in the Dry Lake SEZ in Nevada. The BLM will also develop regional mitigation plans for all new SEZs as part of the new SEZ identification process (see below). The BLM presented a draft framework for regional mitigation plans in the Final PEIS (Section A.2.5 of Appendix A). Lessons learned through the pilot will allow for replication of similar processes across all SEZs. The BLM will issue policy and guidance as necessary following the completion of the pilot. 5.3.4 Identification protocol for new or expanded SEZs The BLM will identify new or expanded SEZs in the context of existing solar market conditions, existing and planned transmission systems, and new or existing state or federal policies affecting the level and location of development. The BLM will assess the need for new or expanded SEZs at least once every 5 years in each of the six states in the PEIS. The process will be open and transparent, with opportunities for substantial stakeholder involvement. Identification will occur at the state or field office level as an individual land use planning effort or as part of an ongoing land use plan 8

revision. In all cases, planning will tier from the PEIS. It is the BLM s goal to complete work to identify new SEZs and amend applicable land use plans within 12 to 18 months of initiating such efforts. SEZs should be relatively large areas that provide highly suitable locations for development: where it is economically and technically feasible, where there is good potential for connecting to transmission, and where there is generally low resource conflict. The four steps for identification of a new or expanded SEZ (in order): Assess demand for additional acres in SEZs. o The BLM ultimately makes the determination whether additional acreage is needed. o The BLM will also provide for a petition process, following requirements for demonstrating a need for additional acres. o Petitioners may also request changes to existing SEZs, such as eliminating or revising boundaries due to changes in status of species or critical habitat under the ESA. o The public may also raise the need for new or modified SEZs through the scoping process of individual land use plans (must be submitted through the State Director to the BLM Washington Office for Director s concurrence). o The BLM will rely on outside expert consultation in evaluating the need for new or expanded SEZs. o The BLM assessment of demand may require the development of new state based reasonably foreseeable development scenarios. Establish technical and economical suitability criteria. o Take into account technological advances, load centers, existing and planned transmission lines, known constraints. o Size threshold: generally large enough for multiple projects. o Solar insolation: can be lower than 6.5kWh/m 2 /day, as appropriate. o Slope: can by greater than 5% if otherwise suitable; unlikely that greater than 10% would be technically viable. o Load area to be served. o Infrastructure access. Apply environmental, cultural and other screening criteria to find SEZs with low resource conflicts. BLM shall consider the following: o PEIS exclusions. o Relevant land use plan (LUP) decisions (e.g. ROW avoidance and exclusion areas, timing restrictions). Amendment of LUP decisions may be necessary to identify new or expanded SEZs. o Coordination and outreach: BLM may decide to reach out to stakeholders, which will likely result in development of locally relevant screening criteria. BLM will conduct required consultation with relevant agencies. o The BLM will use landscape scale information. o The BLM will seek opportunities to locate new or expanded SEZs on degraded, disturbed, or previously disturbed lands. o The BLM will take into account opportunities to combine other federal and nonfederal lands. o The BLM will review and consider information gathered through its proposed long term monitoring and adaptive management program. 9

Analyze proposed SEZs through a planning and NEPA process. o The BLM will publish a Notice of Intent (NOI) in the Federal Register stating its intent to prepare a land use plan amendment to identify a new or expanded SEZ or SEZs, initiating scoping, including inviting the public to nominate proposed SEZs that meet the objectives of the planning effort. o Goal for NEPA analysis will be to produce comprehensive analyses of resources detailed enough to allow for tiering of future projects in SEZs. NEPA analysis will also include appropriate consultations pursuant to the ESA and the National Historic Preservation Act (NHPA). NEPA analysis will also consider potential impacts from associated infrastructure. The BLM will also seek to designate any necessary utility corridors to support the SEZ. o The draft land use plan amendment and draft NEPA document will be made available for a 90 day public comment period. o The BLM may establish SEZ specific management prescriptions. o The BLM will develop a regional mitigation plan for the SEZ as part of the identification process. 5.3.5 Treatment of SEZs identified subsequent to PEIS ROD The BLM expects that SEZs analyzed and identified through future planning efforts will generally be treated the same as SEZs identified through this ROD (i.e., that proposed projects in these SEZs will generally include the same level of analysis, follow the same authorization process, and receive the same incentives as projects located in SEZs identified through this ROD and refined through the ongoing rulemaking process). 5.4 Variance area policies (pp. 177 190) The ROD lays out many specific policies with regard to accepting and processing applications for variance lands. There is an enhanced role for the National Park Service (NPS) and US Fish & Wildlife Service (FWS) in project application processing. The FWS and NPS have identified sensitive resources and locations within variance areas that require special considerations. The BLM may, under its discretion, apply a competitive leasing process to proposals within variance areas. Two preliminary meetings are required for applications on variance lands, with a key purpose of early coordination with other federal agencies (NPS, FWS, Department of Defense (DOD)). A preliminary public meeting is also required, with the purpose of gathering information on potential issues and concerns and/or opportunities related to the application. In determining whether to proceed or reject an application for variance lands, the BLM will consider the following: o Whether lands within a SEZ could meet the potential applicant s needs, including consideration of access to transmission. o Whether the proposed project will be in conflict with landscape conservation strategies and/or landscape protection, conservation, or restoration objectives established in documents such as the Desert Renewable Energy Conservation Plan or an applicable Resource Management Plan. o Whether the proposed project poses a high potential for conflict with sensitive natural, visual, and/or cultural resources identified by the BLM, NPS, and/or FWS. 10

5.4.1 Factors to be considered in processing ROW applications within variance areas The ROD lays out a lengthy list of factors the BLM shall consider, as appropriate, when processing a ROW application in a variance area (pages 179 186). Note: it is up to the BLM s discretion whether to consider these factors for each application. A partial list includes: Adjacency to transmission. A land use plan amendment in this area is acceptable given other factors. The project will be consistent with landscape level conservation data, e.g., rapid ecological assessments (REAs). Technical/financial feasibility of applicant. The proposed project is in an area with low or comparatively low resource conflicts and in a location where conflicts can be resolved. The project will optimize the use of existing infrastructure where there is existing infrastructure (roads, transmission, etc.). The project will be located in an area identified as suitable for development via another plan (DRECP, etc.). Documentation that the project will minimize impacts to: wildlife, recreation, lands with wilderness characteristics, etc. Documentation that the project will not adversely affect lands donated for conservation purposes. 5.4.2 Desert Tortoise Guidance in Variance Lands For desert tortoise habitat areas not excluded by the ROD, developers that propose utility scale solar energy projects in variance areas which overlap with priority connectivity habitat will be required to meet with the BLM and FWS early in the process. These preliminary meetings will provide developers an opportunity to receive instructions on the appropriate desert tortoise survey protocols and the criteria the BLM and FWS will use to evaluate results of those surveys. 5.4.3 Greater Sage Grouse Guidance in Variance Lands For greater sage grouse habitat areas not excluded by the ROD, developers that propose utility scale solar energy projects in variance areas which overlap with the range of greater sage grouse will be required to document a number of factors unless a project is otherwise determined by the BLM and FWS and appropriate state wildlife agencies to have acceptable impacts on greater sage grouse. 5.4.4 Protecting Resources and Values of National Park System Units For developers that propose utility scale solar energy projects in variance areas identified as having a high potential for conflict with the resources of a unit of the National Park System or special areas administered by the NPS, additional documentation on a number of factors will be required. The NPS will prepare a response to the BLM regarding 1) whether the proposed project meets NPS protection, conservation and/or restoration objectives; and 2) whether the resource conflict documentation is adequate to support a finding by the NPS and BLM that the proposed project is likely to avoid a high potential for conflict with resources and values associated with a National Park System unit. 11

6.0 For more information about this guide or the Solar PEIS, please contact: Nada Culver, 303 650 5818 Ext. 117, nada_culver@tws.org Alex Daue, 303 650 5818 Ext. 108, alex_daue@t tws.org Chase Huntley, 202 429 7431, chase_huntley@tws.org 1 For the California Desert Conservation Area (CDCA), the ROD amends the CDCA to allow transmission and related infrastructure in SEZs. As is currently the case, all projects requiring transmission and relatedd facilities within the CDCA and outside of SEZs will continue to require separate LUPAs for their transmission and related facilities. 2 Pending applications are any applications (regardless of place in line) filed within proposed variance and/or exclusion areas before the Supplement (October 28, 2011), and any applications filed withinn proposed SEZs before June 30, 2009. More information on pending applications can be found in Appendix B, Volume 6, available at http:/ //solareis.anl.gov/documents/fpeis/solar_ FPEIS_Volume_6_Part_1.pdf. 3 These designations are subject to revision in any land use plan amendment, including the ongoing Desert Renewablee Energy Conservation Planning Process. 4 Exclusion areas with geographic boundaries (see Table A 2). Specific areas identified since the publication of the Supplement to thee Draft Solar PEIS by the BLM based on continued consultation with cooperating agencies and tribes to protect sensitivee natural, visual, and cultural resources (1,066,497 acres); see Figure A 1, page 42. 122