Federally Managed Lands

Federal approvals and reviews under federal statutes such as NEPA, ESA, and NHPA may apply to wind projects anywhere in the United States, regardless of whether the project is located on private, local, state, or federal land. Where a project is proposed on federally-managed lands, additional federal regulations and guidelines apply.

Various agencies have jurisdiction over federal lands and land management programs. The discussion in this section highlights the regulations and policies of a number of agencies that regulate development on federal lands. As noted earlier, federal guidance regarding wind development, such as the Energy Policy Act of 2005 and the National Energy Policy of 2001, encourage agencies to collaboratively develop policies for more efficient review and permitting of wind energy projects. Currently, some agencies, such as the Bureau of Land Management (BLM), already have policies specific to wind energy. Other agencies review wind projects using the same procedures as for other development projects. Some agencies, such as the United States Forest Service (FS), are in the process of amending their regulations to create permitting processes specific to wind energy.

For all wind projects on federally managed lands, issuance of land use permits and right-of-way authorizations does not relieve the applicant of obtaining any and all other permits and authorizations that may be required for the proposed project, such as NEPA compliance, consultations under the NHPA and ESA, and CWA Section 404 permits.

Agencies with Jurisdiction over Projects on Federally Managed Lands

Agency

Wind Siting Policy

Guidance

Department of Interior Bureau of Land Management

Yes

Wind Energy Development Policy (Instruction Memorandum No 2006-216)

Programmatic EIS and Record of Decision

Department of Interior Bureau of Reclamation

No

Reclamation Manual

Directives and Standards LND 08-01 "Land Use Authorizations

Department of Interior Bureau of Indian Affairs

No

Energy Consumption and Renewable Energy Development Potential on Indian Lands

Energy Policy Act of 2005, Section 1813 Indian Land Rights-of-Way Study

U.S. Department of Agriculture Forest Service

Proposed

Forest Service Manual 2726

Forest Service Handbook 2709.1 1

■ Amendments to internal agency directives for special use authorizations proposed in September 2007 (72 Federal Register 184).

U.S. Department of Agriculture Natural Resource Conservation Service

No

■ 2002 Farm Bill amended Section 3832 of the Farm Security and Rural Investment Act

U.S. Department of Defense

No

Renewable Energy Assessment Team

U.S. Fish and Wildlife Service

No

■ The FWS manages land under easements for wetlands, water fowl production areas, and grasslands.

■ Consultation with the FWS is necessary to identify these areas.

Renewable Energy Eco Friendly

Renewable Energy Eco Friendly

Renewable energy is energy that is generated from sunlight, rain, tides, geothermal heat and wind. These sources are naturally and constantly replenished, which is why they are deemed as renewable.

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