APPENDIX A:
A.2 BLM PROPOSED SOLAR ENERGY PROGRAM
A.2.5 Draft Framework for Developing Regional Mitigation Plans for the BLM’s Solar
A.2.5.2 Mitigation Hierarchy
26
The BLM’s proposed Solar Energy Program under both action alternatives will employ a 27
mitigation hierarchy to address potential impacts from utility-scale solar energy development— 28
avoidance, minimization, and offset of unavoidable impacts. The BLM first employs avoidance 29
and minimization strategies to eliminate or reduce potential adverse impacts from solar energy 30
development. For those impacts that are not fully avoided or minimized, the BLM determines, in 31
consultation with affected stakeholders, any appropriate measures to offset or mitigate these 32
adverse impacts. 33
34 35
A.2.5.2.1 Avoidance and Minimization 36
37
The BLM’s approach to mitigation first calls for avoidance of areas where there is a high 38
potential for natural, visual, or cultural resource conflict (e.g., ecologically important and/or 39
sensitive habitats. For the Solar Energy Program, the BLM proposes to accomplish this goal 40
through the identification of extensive exclusions and incentivizing of development in SEZs 41
(i.e., priority areas with low or relatively low resource conflict). Further, the BLM proposes to 42
use landscape-scale ecological assessments and other natural, visual, and cultural resource 43
screening factors in the proposed variance process to identify and determine whether to avoid 44
core, sensitive, and/or intact landscapes outside of priority areas. 45
The BLM’s approach to mitigation secondarily calls for the BLM to consider how best to 1
minimize unavoidable impacts. For the Solar Energy Program, the BLM proposes to accomplish 2
this goal by developing and employing programmatic and SEZ-specific design features that limit 3
harm to sensitive natural, visual, and cultural resources. In addition, projects on BLM- 4
administered lands will be required to follow all applicable federal, state, and local laws and 5
regulations, such as the Endangered Species Act (ESA), which will result in additional measures 6
that avoid and/or minimize resource impacts. 7
8
As described in Section A.2.4 of this appendix, the BLM proposes to establish a robust 9
monitoring and adaptive management plan as part of its Solar Energy Program, the Solar LTMP. 10
The BLM will use information derived from its monitoring efforts to make necessary 11
adjustments to it solar energy-related avoidance and minimization strategies over time. 12
13 14
A.2.5.2.2 Offset of Unavoidable Impacts—Regional Mitigation Plans for SEZs 15
16
For those impacts that cannot be avoided or minimized, the BLM will consider the 17
implementation of measures to offset (or mitigate) impacts with a goal of ensuring viability of 18
resources over time. To help accomplish this goal in a streamlined and standardized way for 19
SEZs, the BLM proposes to establish regional mitigation plans (see Section 2.2.2.2.3). As 20
envisioned, regional mitigation plans will increase permit efficiencies and financial predictability 21
for developers in SEZs by increasing certainty around mitigation requirements and costs. 22
23
Regional mitigation plans will address mitigation for a variety of resources impacted by 24
development in SEZs such as biological resources, ecological resources, cultural resources, 25
recreation resources, visual resources, and socioeconomic factors, as appropriate. Regional 26
mitigation plans are expected to enhance the ability of state and federal agencies to invest in 27
larger scale conservation and mitigation efforts through the pooling of financial resources and 28
prioritization of investments. The BLM seeks to establish regional mitigation plans that result in 29
equitable allocation of costs among developers proposing development in SEZs so as not to 30
inadvertently dis-incentivize use of SEZs. 31
32
Impacts, and therefore mitigation requirements, for most proposed projects in variance 33
areas are expected to be greater than those in SEZs (because SEZs are areas of low or relatively 34
low resource conflict). The BLM expects to address any necessary mitigation for projects 35
proposed in variance areas on a case-by-case basis without the benefit of a pre-determined 36
mitigation strategy and the resulting efficiency and financial predictability. Where applicable, 37
however, the BLM will use the objectives and priorities established in a regional mitigation plan 38
for SEZs as a guide for mitigation requirements for projects proposed in variance areas. 39
40
The BLM has identified the following goals that it expects to pursue as it develops 41
regional mitigation frameworks for SEZs: 42
43
• Mitigation hierarchy – Prioritize the consideration of avoidance and 44
minimization strategies before assessing whether and to what extent it is 45
appropriate to mitigate impacts; 46
• Integration and consistency – Address mitigation obligations at multiple 1
levels concurrently (i.e., federal, state, and local) to avoid duplication and/or 2
unintended consequences; 3
4
• Repeatability – Establish mitigation strategies that are replicable across the 5
Solar Energy Program and adaptable to differences in SEZs, individual 6
projects, and technologies; 7
8
• Land acquisition – Comprehensively evaluate land acquisition and long-term 9
management strategies for both public and private lands to fully understand 10
impacts on, for example, local jurisdictions and recreational opportunities, as 11
well as regulatory challenges; 12
13
• Restoration – Allow for the restoration of degraded and previously disturbed 14
public and private lands as appropriate to meet conservation objectives; 15
16
• Fiscal sustainability – Ensure adequate funding over time to achieve 17
mitigation outcomes; 18
19
• Fiduciary structure – Employ transparent and accountable third-party- 20
managed endowments to hold and manage regional mitigation funds and 21
direct mitigation investments; 22
23
• Combined investments – Focus investments from a number of projects 24
collectively to increase the likelihood of achieving an effective and enduring 25
offset of impacts and to reduce overall cost; 26
27
• Strategic prioritization – Establish priority mitigation activities and locations 28
based on, and consistent with, existing conservation objectives, resource 29
management plans, and other Federal, state, and/or local goals; 30
31
• Mitigation sustainability – Provide solutions that are as enduring and long- 32
lasting as the impacts; and 33
34
• Monitoring and adaptive management – Implement monitoring and adaptive 35
management to verify that mitigation strategies are adequate relative to the 36
impacts over time. 37
38
As part of the proposed Solar Energy Program, the Solar LTMP will be used to evaluate 39
the effectiveness of mitigation strategies employed through regional mitigation plans (see 40
Section A.2.4 of Appendix A). Regional mitigation plans will be subject to continued review and 41
adjustment by the BLM and its partners to ensure conservation goals and objectives are being 42
met. The BLM expects that future NEPA and planning analyses that support the identification of 43
any new or expanded SEZs (see Section A.2.6 of this appendix) will also include the 44
establishment of regional mitigation plans. 45
A.2.5.3 Regional Mitigation Plan Elements