T I M C H A RT E R SS TA F F D I R E C T O R

U . S . H O U S E C O M M I TT E E O N N AT U RA L R E S O U RC E S

S U BC O M M I TT E E O N E N E R GY A N D M I N E RA L R E S O U RC E S

“WHY BUILDING A SOLAR PROJECT ON FEDERAL LANDS IN

A FEDERAL SOLAR ENERGY ZONE IS CRAZYTOWN”

OPPORTUNITIES AND CHALLENGES FOR SOLAR DEVELOPMENT ON

FEDERAL LANDS IN THE WESTERN UNITED STATES

• Solar resource availability as it impacts land ownership

• BLM Federal lands management focusing on lands available for solar development

• Challenges of the BLM permitting process

• Congressional Action and Opportunities

ZOOM ON UTAH SEZ AREAS

DRY LAKE SOLAR ENERGY ZONE, NV

• The Bureau of Land Management (BLM), within the U.S. Department of the Interior, manages 258 million acres of land in the West. BLM has left open roughly 285,000 acres in Solar Energy Zones (SEZ) in 6 states across the Southwest.

• Since 2005, BLM has approved 29 solar energy projects, most in the last 5 years, with a combined energy potential of approximately 8,586 megawatts.

• Question is why is this process so slow?

THE BLM STORY ON SOLAR PERMITTING OVER THE LAST DECADE SINCE EPACT05

BLM PERMITTING MAZE

The BLM is responsible for authorizing utility-scale solar energy developments through a Right-of-Way (ROW) permit under Title V of the Federal Land Policy and Management Act (FLPMA) of 1976. Solar energy developers must complete the following process to secure a Right-of-Way permit allowing them to develop a project on public lands or successfully win a lease at a competitive auction.

STEP 1: SUBMIT RIGHT-OF-WAY GRANT APPLICATION (0-30 DAYS)

(TOTAL TIME 0-30 DAYS)

STEP 2: SUBMIT PLAN OF DEVELOPMENT

(BLM’S GOAL IS 60 DAYS, BUT MAY TAKE 4 - 6 MONTHS)

(TOTAL TIME 4 - 7 MONTHS)

STEP 3: CONDUCT ENVIRONMENTAL REVIEW (24 - 48 MONTHS) (TOTAL TIME 28 – 55

MONTHS)NOTICE OF INTENT

SCOPING PROCESS

DRAFT EIS

AGENCY AND PUBLIC REVIEW & COMMENT

FINAL EIS

RECORD OF DECISION

STEP 4: ISSUE RECORD OF DECISION (ROD) (???) (TOTAL TIME 28 – 55 MONTHS + ???)

• Following the successful completion of the environmental review process, inventories, and reports, the BLM will issue a Record of Decision, either granting or denying the ROW application. • If granted, the applicant also receives a Notice to Proceed

(NTP), allowing the construction phase to begin.

STEP 5: NOT DISCUSSED IN TIMELINE

• Lawsuits by environmental groups

• Delays by other Agencies

• Delays as a result of responses by applicant related to BLM, FWS, or other agency demands for information

CONGRESSIONAL ACTIONS AND OPPORTUNITIES

• NEPA Reform for Renewables (Hastings - WA)• “Project Go or No Go” NEPA

• Onshore Energy Planning (Tipton - CO)• Establish 4 year onshore all-of-the-above

energy planning for federal lands• Improving funding for permitting (Lamborn – CO)• Expand renewable revenue sharing with local

communities (Gosar – AZ)• Expanding SEZs

CLOSING• Reality is, without reform of the permitting process

or a better commitment to ensuring projects sited on federal lands can get permitted in a timely fashion America will continue to see solar development on federal lands flounder.