BLM issued a regulation to prohibit mining claims in public lands with pending applications for renewable energy projects or those identified as potential sites for renewable energy development.
On April 30, 2013, the Bureau of Land Management (BLM) published a regulation to the Federal Register to temporarily segregate public lands set aside for renewable energy projects from mining claims and other land appropriations. The regulation, which is part of BLM efforts to promote renewable energy projects on public lands, facilitates right-of-way (ROW) applications for lands with renewable energy development potential. The rule is the final version of an interim regulation that BLM issued in April 2011 to temporarily remove lands offered for wind and solar leases or considered under renewable energy ROW applications from land appropriations. The regulation has helped resolve conflicts between renewable energy developers and mining claims.
The new regulation would enable BLM to manage public lands in an orderly manner, while spurring renewable energy development; BLM is responsible for managing public lands under the Federal Land Policy and Management Act of 1976. Current regulations allow lands proposed for exchange or sale to be closed to mining claims, but lands with proposed ROW applications are open to such claims.
Mining claims have interfered with BLM’s processing of several ROW applications. According to BLM, during the two years prior to implementation of the interim rule, areas with pending permits for wind and solar projects faced 437 and 216 mining claims, respectively. Since 2009, the agency has approved 23 solar and eight wind project ROW applications.
The two-year validity period of the segregation measure can be extended by BLM for an additional two years. The segregation will terminate if BLM issues a decision on the ROW application, publishes a notice of termination, or fails to take administrative action after the segregation period ends.
Energy Solutions Forum is an energy policy research and data company based in New York City. Follow @EnergySolForum for policy research and stay plugged in with ESF Calendar, the industry’s go-to resource for energy business events in and around NYC.
