1 4 AFFECTED ENVIRONMENT 2 3 4 4.1 INTRODUCTION 5 6 Chapter 4 presents a general description of the existing conditions and trends of resources 7 and resource uses in the six-state study area that may be affected by implementing BLM’s and 8 DOE’s proposed alternatives. While the description in general covers the six-state area, with 9 respect to certain resources the discussion of the affected environment on BLM-administered 10 lands receives additional focus. For instance, ecological resources are varied in their distribution, 11 and some that occur in the six-state area are not present on BLM-administered lands. The 12 description of the affected environment in this chapter provides the basis for identifying potential 13 impacts and is of sufficient detail to support the programmatic nature of the Solar PEIS. Detailed 14 descriptions are provided for individual proposed solar energy zones (SEZs) in Chapters 8 15 through 13 of the PEIS. Factors such as climate change that may have an influence on the current 16 conditions and potential trends of individual resources and resource uses have been incorporated 17 as appropriate under individual resource sections that follow. 18 19 The U.S. Department of the Interior (DOI) Bureau of Land Management (BLM) manages 20 large acreages of diverse public lands within the six-state study area, with topography ranging 21 from low deserts to high mountains. The land uses are as varied as the terrain and include 22 livestock grazing; fish and wildlife habitat; oil, gas, and mineral exploration and development; 23 right-of-way (ROW) authorizations; a wide range of outdoor recreation activities; and timber 24 production. These uses are managed within a framework of numerous public land laws, the most 25 comprehensive of which is the Federal Land Policy and Management Act of 1976 (FLPMA). 26 The FLPMA establishes several fundamental policies regarding the management of public lands 27 (Section 102(a)), including the policy directing that lands be managed “...on the basis of multiple 28 use and sustained yield unless otherwise specified by law.” “Multiple use” means management 29 so that “public lands and their various resource values … are utilized in the combination that will 30 best meet the present and future needs of the American people” (Section 103(c) of FLPMA). 31 “Sustained yield” means the achievement and maintenance in perpetuity of a high level or 32 regular periodic output of the variable renewable resources of the public lands consistent with 33 multiple use (Section 103(h) of FLPMA). 34 35 The uses to which public lands are dedicated and the allocation of those uses are 36 identified in BLM land use plans called Resource Management Plans (RMPs). RMPs are 37 periodically prepared and revised through an open process that encourages input from public 38 land users and other interested individuals and groups regarding the mix of potential uses of the 39 public lands. About 90 land use plans cover the lands within the six-state study area that are 40 being analyzed in this programmatic environmental impact statement (PEIS) and that could be 41 affected by decisions related to activities evaluated in the PEIS. 42 43 The status of public lands in the six-state study area is constantly changing with the 44 approval of new ROWs, land exchanges, withdrawals, and the implementation of land use plan 45 and management decisions. Some of these changes could be very large including the proposed 46 29 Palms Marine Base Expansion; the proposed legislation to preserve additional lands between Draft Solar PEIS 4-1 December 2010 1 the Mojave National Preserve, Joshua Tree National Park, and the San Bernardino National 2 Forest; and the ongoing consideration of applications for solar energy development on BLM- 3 administered lands. 4 5 Figures 2.2-1 through 2.2-6 in Section 2 show the BLM-administered lands proposed as 6 being available for application for solar energy development in this PEIS. This chapter provides 7 much of the basic land use and resource information that will be used in shaping the decisions 8 regarding potential development of utility-scale solar energy production on the public lands 9 within the six-state study area. 10 11 12 4.2 LANDS AND REALTY 13 14 The BLM administers approximately 245 million acres (more than 1 million km2) of land 15 in 11 western states and Alaska. These lands, which are generally known as “public lands,” are 16 often intermingled with other federal, state, or private lands. The BLM also administers about 17 700 million acres (2.83 million km2) of subsurface mineral estate; some of these mineral estates 18 underlie the BLM-managed lands mentioned above, some underlie lands administered by other 19 federal agencies, and some underlie state or private lands.1 Within the six-state PEIS study area, 20 the BLM manages almost 120 million acres (486,000 km2) of public lands. Table 4.2-1 lists the 21 total surface acreage of the six-state study area as of FY 2007, as well as the acreages of all 22 federal lands and BLM-administered lands. The acreage data used in the table were current at the 23 time of assembly and are still generally representative. 24 25 The public lands included in the PEIS study area experience some of the highest levels 26 of solar insolation in the United States. The existence of blocks of public land that could 27 physically accommodate utility-scale solar development naturally has drawn attention to these 28 areas; however, there also are large blocks of both private and state lands in the same areas with 29 the same solar energy potential that could support utility-scale solar development. 30 31 ROWs are authorized under FLPMA. Section 103(l) FLPMA identifies ROWs as one of 32 the principal or major uses of the public lands. A ROW conveys a legal right to occupy, use, or 33 traverse public lands. The BLM grants or renews ROWs on public lands for a variety of uses, 34 including reservoirs; pipelines; electrical generation, transmission, and distribution systems; and 35 roads (BLM 2005a, 2006). Once granted, a ROW conveys a right to occupy public lands and, 36 depending on the specific ROW grant, provides a priority for use of the public land for the 37 specified term of the ROW. ROWs are typically issued for 20 to 30 years, but some may be 38 granted in perpetuity. Through the land use planning process, the BLM may identify areas that 39 are available for application for various types of ROWs and, in some areas, may identify where 40 ROWs are either to be avoided or excluded. Through its land use planning process, the BLM has 41 identified and continues to identify transmission corridors that are intended to provide locations 42 on federal lands for future electrical and pipeline construction. These corridors would be 43 available to provide for transmission facilities to support renewable energy developments. The 1 Unless specifically noted otherwise, references in this PEIS to lands administered are for surface only and do not include mineral estates. Draft Solar PEIS 4-2 December 2010 TABLE 4.2-1 Acreage and Percentage of BLM-Administered Public Lands in the Six-State Study Area Total State Federal Surface BLM-Administered Acreage Land Acreage Public Lands % BLM Lands State (million acresa) (million acresa) (million acresa) (of total state acreage) Arizona 72.7 33.0 12.2 16.8 California 100.2 45.0 15.2 15.2 Colorado 66.5 24.1 8.3 12.5 Nevada 70.3 58.4 47.8 68.0 New Mexico 77.8 26.5 13.3 17.1 Utah 52.7 34.0 22.8 43.3 Total 440.2 221.0 119.6 27.2 a To convert acres to km2, multiply by 0.004047. Sources: BLM (2007c); percentages calculated. 1 2 3 PEIS entitled Energy Corridors on Federal Land in the 11 Western States (DOE and DOI 2008) 4 (see Section 1.6.2.1), is an example of the ongoing nature of the transmission corridor planning 5 and designation process. 6 7 Applications for utility-scale solar and transmission facilities would be processed as 8 ROW authorizations under Title V of FLPMA and Title 43, Part 2804 of the Code of Federal 9 Regulations (43 CFR Part 2804). 10 11 12 4.3 SPECIALLY DESIGNATED AREAS AND LANDS WITH 13 WILDERNESS CHARACTERISTICS 14 15 Specially designated areas include a variety of types of areas that have received 16 recognition or designation because they possess unique or important resource values. While 17 these areas would not be available for development of solar energy resources, they could be 18 located near solar development areas and could be affected by solar development. 19 20 Examples of BLM-administered specially designated areas include components of the 21 BLM National Landscape Conservation System (NLCS), areas of critical environmental concern 22 (ACECs), special recreation management areas (SRMAs), and areas with wilderness 23 characteristics.2 These areas may have been designated by Executive Order, an Act of Congress, 24 or by the BLM through its land use planning process. The majority of specially designated areas 2 Such an area is a category of land that has been recognized by the BLM as possessing wilderness characteristics but that has not been identified as a Wilderness Study Area (WSA). If the BLM has made a decision in a RMP to manage lands to protect these wilderness characteristics, they are not open to application for solar energy development. Draft Solar PEIS 4-3 December 2010 1 discussed in this PEIS are located on BLM-administered public lands; however, some specially 2 designated areas managed by the U.S.