blm compensatory mitigation

“In particular, Nevada appreciates the BLM’s commitment to compensatory mitigation as an integral part of the success of Nevada’s habitat management plan. • Wyoming Greater Sage Grouse Compensatory Mitigation Act (Act; 2020) codified framework and established statutory definitions, minimum standards, and a multi-agency compensatory mitigation oversight group. The BLM first developed an interim compensatory mitigation policy in February 2005 and released a more comprehensive revised interim policy in September 2008. • Follow CDC, local, state and federal COVID-19 mitigation guidance, and protocols to reduce exposure and protect firefighters and the public from virus spread. Briefing Paper on BLM's July 24, 2018 Instruction Memorandum Related to Compensatory Mitigation (IM 2018-093) Monday, August 27, 2018. both, depending on the BLM approval/authorization. In a separate “question and answer” document that the BLM released on thesame day as the IM, it was further clarified that offsite compensatory The new policy, spelled out in a BLM memo this afternoon, declares that "except where the law specifically requires, the BLM must not require compensatory mitigation from public land users." Comments on the Solar PEIS revealed dissatisfaction with the current compensatory mitigation What is Regional Compensatory Mitigation? In ordering the reconsideration, the court found that the BLM’s 2019 plans lacked a range of alternatives, did not take a hard look at environmental impacts, didn’t pass muster when analyzing cumulative effectives and required habitat replacement, known as compensatory mitigation. • When BLM is considering voluntary compensatory mitigation as a component of the project proponent's submission, BLM's NEPA analysis should evaluate the need for compensatory mitigation by 1) considering the effectiveness of compensatory mitigation in reducing, resolving, or eliminating impacts of the proposed project(s), and 2) The Bureau of Land Management (BLM) manages America’s public lands for a multiplicity of uses and values. a compensatory mitigation proposal that BLM has identified. The Compensatory Mitigation IM (IM No. 2019-018) is inconsistent with the policies in EO 13990 and SO 3398. Manual/ Handbook Sections Affected: None. The remaining sections of … projects on BLM-managed lands will be reviewed and compensatory mitigation implemented. 9. in the state.’ The BLM will implement actions to achieve the goal of net conservation gain consistent with the Wyoming Strategy (EO 2015­4) that includes ‘compensatory mitigation as a strategy that should be used when avoidance and minimization are inadequate to protect Core Population Area This new direction, which is set forth in an instructional memorandum, reverses the prior administration's … Bureau of Land Management [LLNVL0000-L51100000-GN0000-LVEMF190482A 19X MO: 4500154824] ... and (4) compensatory mitigation will be . Compensatory mitigation is defined as any activities, monetary payments or in-kind contributions to conduct offsite actions intended to offset adverse impacts of a proposed action onsite. Greater Sage-Grouse Mitigation VISION: •States are developing mitigation approaches (i.e., credit exchanges, banks, in lieu fee) •BLM and FWS “certify” state mitigation processes through MOU •Analyze state credits to provide compensatory mitigation for BLM projects •Establish a performance evaluation team to (C)(3) for work related to creating the Cumulative and Indirect Effects Mitigation (Appendix G): The BLM will invite all Consulting Parties to participate in a committee to develop the compensatory mitigation fee and the process for management and use of the fee. The off-site “compensatory mitigation” practice will now be voluntary. Compensatory mitigation is considered after all appropriate and practical avoidance and minimization has been proposed. Compensatory mitigation for residual impacts is warranted when required to (1) comply with law, regulation and policy, (2) achieve objectives in a resource management plan (RMP), or (3) conserve important, scarce or sensitive resources. BLM Compensatory Mitigation Policy. First key point, a regional mitigation approach shifts the BLM mitigation focus from a permit -by-permit, project-by-project, offsite mitigation approach -- to a carefully planned, comprehensive mitigation approach. In a separate “question and answer” document that the BLM released on thesame day as the IM, it was further clarified that offsite compensatory Greater Sage-Grouse Mitigation VISION: •States are developing mitigation approaches (i.e., credit exchanges, banks, in lieu fee) •BLM and FWS “certify” state mitigation processes through MOU •Analyze state credits to provide compensatory mitigation for BLM projects •Establish a performance evaluation team to On Monday, July 24, 2018, the Bureau of Land Management (BLM) issued a memorandum prohibiting BLM from requiring “compensatory mitigation” projects, except where specifically mandated by the Federal Land Policy and Management Act (FLPMA). Second, the Bureau of Land Management (BLM) finalized a manual and handbook regarding use of compensatory mitigation. The workshop agenda and presentations (PDF) have been posted to the right. The Bureau of Land Management (BLM) issued Instructional Memorandum (IM) 2018-093 stipulating that the BLM cannot require compensatory mitigation. (4) BLM's Approach to Compensatory Mitigation: In the 2019 planning process, the BLM requested public comments on a number of issues, including the BLM's approach to compensatory mitigation. The Compensatory Mitigation IM (IM No. For additional information in SOL, you may contact Sarah Shattuck at 202-208-3748 or Greg Russell at 202 208-4327. J. Rationale to support BLM’s determination, with . • Monitor the outcomes of compensatory mitigation and adapt as necessary to achieve the compensatory mitigation objectives. Cultural Resources Mitigation (BLM/State Historic Preservation Office) of BLM lands into District-Designated Reserve. Administration and Accountabili This 1M does not affect compensatory mitigation that may be required by Federal laws other than FLPMA. Why is the BLM changing the way compensatory mitigation is handled for solar development? BLM COMPENSATORY MITIGATION BLM greater sage-grouse land use plans –BLM will “require and ensure mitigation” that provides a net conservation gain when authorizing actions that result in habitat loss and degradation –Regional mitigation strategy to be established by September 2016 –Final Regional Mitigation Manual MS-1794 forthcoming BLM will consider “voluntary proposals for compensatory mitigation,” but will not accept monetary … 94-579, 90 Stat. The BLM expects to establish policies which are aligned with EO 13990, SO 3398, and the priorities of the Department. 30, 2017 DOI Office of the Solicitor withdraws its previous memo authorizing general use of compensatory mitigation by BLM under the Federal Land Policy Management Act. ... department-wide mitigation strategy to ensure consistency and efficiency in … As part of the 2015 Approved Resource Management Plan Amendments, the BLM selected a net conservation gain standard in its approach to … The 2005 policy focused on the BLM ’ s approach to onsite and compensatory mitigation for the BLM ’ s oil and gas, geothermal, and energy right-of-way programs. Mitigation is elemental in adhering to multiple-use principles on public lands administered. no compensatory mitigation is required by the State of Wyoming. Rationale to support the BLM’s determination, with respect to each of these topical areas, is provided in the Management Considerations section below. However, with the issuance of IM 2021-038 on July 14, 2021, the BLM rescinded the previous IM-2019-018. That's right. ALTERNATIVES Throughout the decade-long planning and NEPA processes, the BLM has analyzed in detail 143 The BLM is currently reviewing Manual Section (MS-1794, release 1-1782) and Handbook (H- 1794-1, release 1-1783), mitigation policy documents that were rescinded by SO 3360, Rescinding Authorities Inconsistent with Secretary’s Order 3349, American Energy Independence (Dec. 22, 2017). “The current draft SEISs draw on environmental analysis of the range of alternatives in both the 2019 and 2015 plans, to illustrate how best available science was used and to clarify the BLM’s approach to compensatory mitigation,” said Assistant Secretary of the Interior for Land and Minerals Management Casey Hammond. 6 Rationale to support BLM’s determination, with respect to each of these topical areas, is summarized below and described further in the ROD: Rationale to support BLM’s determination, with respect to each of these topical areas, is summarized below and described further in the ROD: 3 have provided this Framework Compensatory Mitigation Plan for Unavoidable Impacts to 4 Waters of the United States (Plan) to the Bureau of Land Management (BLM) as one of several . Compensatory mitigation is required under California Public Utilities ommission’s Initial Study/Mitigated Negative Declaration Mitigation Measure BR-8. Notwithstanding the aspersions the Secretary has cast, compensatory … Any project that will require credits and debits and has a federal nexus will be coordinated with the federal agency that is involved with the permitting effort pursuant to the specific sections in approved Bureau of Land Management (BLM) As of July 24, the BLM has taken an updated position on the issue of compensatory mitigation. www.ca.blm.gov . Credit proposals to be reviewed by Compensatory mitigation may be getting a new look as the White House yesterday began reviewing the Fish and Wildlife Service’s next steps on … The format and structure of this Project Plan follows the Bureau of Land Management’s (BLM) Mitigation Handbook H-1794-1 (BLM 2016b). The 2005 policy focused on the BLM ’ s approach to onsite and compensatory mitigation for the BLM ’ s oil and gas, geothermal, and energy right-of-way programs. BLM requests comments on the SRMS, including recommendations for compensatory mitigation sites and actions, by October 6, 2017. BLM has recognized that compensatory mitigation for unavoidable or residual climate change impacts arising from agency decisions is fully consistent with its mission and its multiple use mandate and that it possesses the discretion to require it, and has clarified that doing so is in Bureau of Land Management State Office at 440 West 200 South, Suite 500, Salt Lake City, ... and the BLM’s approach to compensatory mitigation. On 24 July, 2018, the Bureau of Land Management (BLM) instructed its personnel that the agency lacks authority to require monetary payments and other forms of compensatory mitigation as a condition of obtaining authorization for the use of public lands. The BLM has considered While compensatory mitigation isn’t widely discussed in the draft, it is listed as one of the potential strategies. mitigation across land jurisdictions, ODFW and the BLM Oregon State Office entered into a Memorandum of Agreement (MOA) describing a framework for how BLM and ODFW will implement sage-grouse compensatory mitigation policies in Oregon. If a proposed use of the public lands would result in UUD, then the BLM cannot authorize that use, even if compensatory mitigation is proposed. Preventing unnecessary or undue degradation does not mean preventing all adverse impacts upon the land. The BLM says it would be used for unavoidable impacts. Wind development lags behind solar in terms of clear rules regarding compensatory mitigation and streamlining the permitting process. impacts, cumulative effects analysis, and the approach to compensatory mitigation). All interested Consulting Parties will be included in the committee. respect to each of these topical areas, is summarized below and described further in the However, with the issuance of IM 2021-038 on July 14, … To more accurately and easily assess the cost of restoring land in the Mojave Desert disturbed by solar projects, the Bureau of Land Management (BLM) is looking for contractors who can create GIS map layers that will help it determine compensatory mitigation costs of proposed development, according to an Aug. 26 request for information.. For each … • Treat all personnel with dignity and respect by providing a harassment free, zero-tolerance work environment. includes ‘compensatory mitigation as a strategy that should be used when avoidance and minimization are inadequate to protect Core Population Area Greater sage-grouse.’” The BLM has agreed to use this Mitigation Framework as stated in the Memorandum of Understanding with the State of Wyoming. 2019-018, Compensatory Mitigation, which provides that “[e]xcept where the law specifically requires, or as described in this IM, the BLM must not require compensatory mitigation from public land users.” IM 2019-018 further specifies P o l i c y / A c t i o n : Except where the law specifically requires, the BLM must not require compensatory mitigation from public land users. After reviewing the comments that the BLM received about compensatory mitigation, the BLM determined that its environmental analysis supporting the 2019 land use plan amendments was sound. The decisions also formalize coordination between the BLM and respective states in applying mitigation measures to approved actions. The U.S. Bureau of Land Management (BLM), which manages public lands for multiple uses and is the permitting agency for the many types of development activities on public lands, uses strong mitigation guidelines to avoid, minimize, rectify, eliminate, or compensate for environmental impacts. to take a hard look at environmental impacts, cumulative effects analysis, and the BLM’s approach to compensatory mitigation. BLM issued Instruction Memorandum (IM) no. Wyoming won’t change its sage grouse management strategy, despite the Bureau of Land Management’s July announcement it will roll-back some of the 2015 habitat protections aimed at keeping the bird L. No. Assistant Director Division of IT Policy and Planning, WO-870. Purpose: The policy in this Instruction Memorandum (IM) provides guidance to the Bureau of Land Management (BLM) relating to the imposition of offsite compensatory mitigation, as defined below, under the Federal Land Policy and Management Act of 1976, Pub. Abstract. Improving Mitigation Policies and Practices of the Department of the Interior (Oct. 31, 2013). Credit proposals to be reviewed by The 2008 Mitigation Rule ensures a level playing field among providers of compensation by holding all forms of compensatory mitigation to equivalent standards regardless of whether the compensation is provided by a mitigation bank, an in-lieu fee program, or by the permit applicant. Compensatory mitigation —the practice of requiring land user s Re-allocation would occur on lands administered by the BLM Coos Bay, Roseburg, and Medford Districts as well as the Klamath Falls Field Office of the Lakeview District. The U.S. Bureau of Land Management (BLM), which manages public lands for multiple uses and is the permitting agency for the many types of development activities on public lands, uses strong mitigation guidelines to avoid, minimize, rectify, eliminate, or compensate for environmental impacts. 2019-018, Compensatory Mitigation, which provides that “[e]xcept where the law specifically requires, or as described in this IM, the BLM must not require compensatory mitigation from public land users.” IM 2019-018 further specifies In Reply Refer To: 8120(P) CADOOO . projects on BLM-managed lands will be reviewed and compensatory mitigation implemented. 2019-018) was found to be inconsistent with EO 13990 and SO 3398, and after careful review of IM 2019-018, the BLM determined that it unduly constrained the BLM’s broad discretion to manage the public lands under FLPMA, and on July 12, 2021, IM 2019-018 was rescinded by IM 2021-038. The current draft SEISs also clarify the BLM’s approach to compensatory mitigation in authorizing various uses of lands that also provide habitat for the sage-grouse. provided for any take. Where compensatory mitigation is required as part of a state plan, program or authorization, or required by Federal laws other than FLPMA, the BLM will include the required mitigation in all of its action alternatives in a NEPA analysis. The BLM hosted a second public workshop to discuss the SRMS for the Afton SEZ on September 7, 2017, in Las Cruces, New Mexico. With IM-2019-018, the BLM established policy that compensatory mitigation could not be required as a condition for project approvals. Any questions should be directed to Deblyn Mead, National Mitigation Specialist, dmead@blm.gov or 202-912-7542. This new In the oil and natural gas industry, companies are proactive stewards of the land, protecting species and habitat as they conduct operations. The BLM expects to also establish compensatory mitigation policies which are aligned with EO 13990, SO 3398, and the priorities of the Department. Jun. PEIS, the BLM has committed to establishing a Solar regional mitigation strategy (SRMS) to identify potential unavoidable impacts of solar development in the SEZ that may warrant regional compensatory mitigation, and identify appropriate mitigation measures and processes to address these impacts. Avoid, Minimize and Apply Compensatory Mitigation Flowchart J-2 Nevada and Northeastern California Greater Sage-Grouse Proposed LUPA/Final EIS June 2015 ... BLM, Bureau of Land Management, Forest Service, Nevada, California, Greater Sage-Grouse, EMPSi Created Date: To ensure compensatory mitigation is voluntary, the BLM must not explicitly or implicitly suggest that project approval is contingent upon proposing a “voluntary” compensatory mitigation component, or that doing so would reverse or avoid an adverse finding. If a proposed use of the public lands would result in UUD, then the BLM cannot authorize that use, even if compensatory mitigation is proposed. The new memo argues that compensatory mitigation can only be … The Bureau of Land Management (BLM) manages America’s public lands for a multiplicity of uses and values. Another implication of regional mitigation is Program Area: All Program Areas. In response to recently released policies concerning the requirements of mitigation for large landscape-scale projects, the Bureau of Land Management (BLM) has developed this Mitigation Framework (Framework) to address avoidance, minimization, and compensatory mitigation actions for the Boardman to Hemingway Transmission Line Project (B2H Project). Preventing unnecessary or undue degradation does not mean preventing all adverse impacts upon the land. The Bureau of Land Management (BLM) issued Instructional Memorandum (IM) 2018-093 stipulating that the BLM cannot require compensatory mitigation. BLM agreed (Feb 2020) to accept a certified mitigation bank to compensate for desert tortoise impacts covered in the Programmatic BO. Secretary of the Interior Ryan Zinke has described “compensatory mitigation” as “un-American” and “extortion.” In keeping with that view, on July 26, 2018, the Bureau of Land Management (“BLM”) adopted a radical new policy that disclaims statutory authority to impose compensatory mitigation measures. BUREAU OF LAND MANAGEMENT California Desert District 22835 Calle San Juan de Los Lagos Moreno Valley, California 92553 . The policy states: “Except where the law specifically requires, the BLM must not require compensatory mitigation from public land users. Compensatory mitigation—the practice of requiring land users to offset their environmental harms—provides an important mechanism … Secretary of the Interior Ryan Zinke has described “compensatory mitigation” as “un-American” and “extortion.” In keeping with that view, on July 26, 2018, the Bureau of Land Management (“BLM”) adopted a radical new policy that disclaims statutory authority to impose compensatory mitigation measures. This effort requires difficult tradeoffs, because allowing one use, like oil drilling, will displace others, like recreation or wildlife habitat. • Wyoming Greater Sage Grouse Compensatory Mitigation Act (Act; 2020) codified framework and established statutory definitions, minimum standards, and a multi-agency compensatory mitigation oversight group. The BLM specifically considered the earlier compensatory mitigation policies as part of the environmental review of the B2H Project and included references to these policies in the Final EIS. BACKGROUND

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