Document EvqYnJX5pKpdV8MnO53mBb6V

Attached is the signed and dated memo to the Sec Office regarding BLM's Response to SO 3349. Original is in the Sec Office and Pam has a copy. Cheers Gene Gene Seidlitz ASLM Analyst-Liaison 202-208-4555 (O) 775-304-1008 (C) "Kelleher, Karen" <kkelleh@blm.gov> From: Sent: To: CC: Subject: "Kelleher, Karen" <kkelleh@blm.gov> Mon Apr 17 2017 12:21:46 GMT-0600 (MDT) Shannon Stewart <scstewar@blm.gov> "Bail, Kristin" <kbail@blm.gov>, Steve Tryon <stryon@blm.gov> Re: BLM Response to SO 3349 Hi Shannon, thanks. Just FYI that this isn't the final version we sent but the earlier one without the cleanup and final corrections mostly those that Leah had provided are missing. Karen On Fri, Apr 14, 2017 at 5:43 PM, Shannon Stewart <scstewar@blm.gov> wrote: I have requested an electronic copy of the Word doc as well for our records and will send it along when I get it. Have a nice weekend! Shannon Shannon Stewart Acting Chief of Staff Bureau of Land Management 202-570-0149 (cell) 202-208-4586 (office) scstewar@blm.gov Begin forwarded message: From: "Seidlitz, Joseph (Gene)" <gseidlit@blm.gov> To: Richard Cardinale <richard cardinale@ios.doi.gov>. Shannon Stewart <scstewar@blm.gov> Cc: Katharine Macgregor <katharine macgregor@ios.doi.gov>, Jill Moran <jcmoran@blm.gov> Subject: BLM Response to SO 3349 Hi Attached is the signed and dated memo to the Sec Office regarding BLM's Response to SO 3349. Original is in the Sec Office and Pam has a copy. Cheers Gene Gene Seidlitz ASLM Analyst-Liaison 202-208-4555 (O) 775-304-1008 (C) Karen Kelleher Deputy Assistant Director - Resources and Planning Main Interior room 5644 kkelleh@blm.gov 202-208-4896 "Kelleher, Karen" <kkelleh@blm.gov> From: Sent: To: CC: Subject: Attachments: "Kelleher, Karen" <kkelleh@blm.gov> Mon Apr 17 2017 12:31:10 GMT-0600 (MDT) Serena Sweet <ssweet@blm.gov>, "Bernier, Heather" <hbernier@blm.gov>, "Mead, Deborah" <dmead@blm.gov>, Kit Muller <kmuller@blm.gov>, Aaron Moody <aaron.moody@sol.doi.gov>, Wendy Dorman <wendy.dorman@sol.doi.gov>, Gregory Russell <Gregory.Russell@sol.doi.gov>, Briana Collier <briana.collier@sol.doi.gov> Steve Tryon <stryon@blm.gov> Fwd: BLM Response to SO 3349 BLM_RESPONSE_SO_3349.pdf Hi all, here is the SO response that went forward. Unfortunately, this does not include the edits from Leah. Her edits were incorporated and sent forward to ASLM, but ASLM appears to have used an earlier version. I don't think anything from Leah was a showstopper - mostly clarifications based on Kate's questions. Serena/Heather - might be good for you to take a look to be sure there isn't anything missing/incorrect that is a big problem. Karen --------- Forwarded message ----------From: Shannon Stewart <scstewar@blm.gov> Date: Fri, Apr 14, 2017 at 5:43 PM Subject: Fwd: BLM Response to SO 3349 To: Karen Kelleher <kkelleh@blm.gov>. Kristin Bail <kbail@blm.gov>. Steve Tryon <strvon@blm.gov> I have requested an electronic copy of the Word doc as well for our records and will send it along when I get it. Have a nice weekend! Shannon Shannon Stewart Acting Chief of Staff Bureau of Land Management 202-570-0149 (cell) 202-208-4586 (office) scstewar@blm.gov Begin forwarded message: From: "Seidlitz, Joseph (Gene)" <gseidlit@blm.gov> To: Richard Cardinale <richard cardinale@ios.doi.gov>. Shannon Stewart <scstewar@blm.gov> Cc: Katharine Macgregor <katharine macgregor@ios.doi.gov>. Jill Moran <jcmoran@blm.gov> Subject: BLM Response to SO 3349 Hi Attached is the signed and dated memo to the Sec Office regarding BLM's Response to SO 3349. Original is in the Sec Office and Pam has a copy. Cheers Gene Gene Seidlitz ASLM Analyst-Liaison 202-208-4555 (O) 775-304-1008 (C) Karen Kelleher Deputy Assistant Director - Resources and Planning Main Interior room 5644 kkelleh@blm.gov 202-208-4896 "Bail, Kristin" <kbail@blm.gov> From: Sent: To: Subject: Attachments: "Bail, Kristin" <kbail@blm.gov> Wed Apr 19 2017 09:39:51 GMT-0600 (MDT) "Tryon, Steve" <stryon@blm.gov>, Karen Kelleher <kkelleh@blm.gov> Fwd: BLM Response to SO 3349 image001.png BLM_RESPONSE_SO_3349 (1).pdf Here is a scanned copy of what was sent forward for SO 3339. -K --------- Forwarded message ----------From: Stewart, Shannon <scstewar@blm.gov> Date: Wed, Apr 19, 2017 at 11:34 AM Subject: Re: BlM Response to SO 3349 To: "Bail, Kristin" <kbail@blm.gov> Sorry, I thought I included you on this when I sent it. Shannon On Wed, Apr 19, 2017 at 11:16 AM, Bail, Kristin <kbail@blm.gov> wrote: Not the scanned version, no. Thanks - Kristin Bail, Assistant Director Resources and Planning (WO-200) 1849 C. Street NW, Room 5648 Washington, D.C. 20240 (202) 208-6731 Cell (202) 823-1086 kbail@blm.gov USDI Bureau of Land Management cid:image002 On Wed, Apr 19, 2017 at 11:13 AM, Stewart, Shannon <scstewar@blm.gov> wrote: Not electronic (did you get the scanned copy?), thanks for the reminder though, I will ask again. Shannon On Wed, Apr 19, 2017 at 11:06 AM, Bail, Kristin <kbail@blm.gov> wrote: Did you get a copy of the final version that was sent forward? Kristin Bail, Assistant Director Resources and Planning (WO-200) 1849 C. Street NW, Room 5648 Washington, D.C. 20240 202-570-0149 (cell) 202-208-4586 (office) scstewar@blm.gov Shannon Stewart Acting Chief of Staff Bureau of Land Management 202-570-0149 (cell) 202-208-4586 (office) scstewar@blm.gov "Kelleher, Karen" <kkelleh@blm.gov> From: Sent: To: Subject: Attachments: "Kelleher, Karen" <kkelleh@blm.gov> Wed Apr 26 2017 13:42:39 GMT-0600 (MDT) "Mead, Deborah" <dmead@blm.gov>, Serena Sweet <ssweet@blm.gov>, "Bernier, Heather" <hbernier@blm.gov>, Thomas Bartholomew <tbarthol@blm.gov> Fwd: BLM Response to SO 3349 BLM_RESPONSE_SO_3349.pdf --------- Forwarded message ----------From: Shannon Stewart <scstewar@blm.gov> Date: Fri, Apr 14, 2017 at 5:43 PM Subject: Fwd: BLM Response to SO 3349 To: Karen Kelleher <kkelleh@blm.gov>. Kristin Bail <kbail@blm.gov>. Steve Tryon <strvon@blm.gov> I have requested an electronic copy of the Word doc as well for our records and will send it along when I get it. Have a nice weekend! Shannon Shannon Stewart Acting Chief of Staff Bureau of Land Management 202-570-0149 (cell) 202-208-4586 (office) scstewar@blm.gov Begin forwarded message: From: "Seidlitz, Joseph (Gene)" <gseidlit@blm.gov> Main Interior room 5646 kkelleh@blm.gov 202-208-4896 Serena Sweet <ssweet@blm.gov> From: Sent: To: Subject: Serena Sweet <ssweet@blm.gov> Wed Apr 26 2017 17:29:08 GMT-0600 (MDT) "Kelleher, Karen" <kkelleh@blm.gov> Re: BLM Response to SO 3349 Looks good to me. Thanks! On Wed, Apr 26, 2017 at 6:41 PM Kelleher, Karen <kkelleh@blm.gov> wrote: Hi Serena, please see attached - I've added some comments on additional changes. Need these back as soon as possible because have to send to Kristin NLT 8:30am tomorrow. Karen On Wed, Apr 26, 2017 at 5:31 PM, Sweet, Serena <ssweet@blm.gov> wrote: Hi Karen, 210 currently has no actions underway related to S.O. 3349. I did not have any edits, but I did clean up the document and remove the comments. Serena Sweet Acting Division Chief Decision Support, Planning & NEPA (WO-210) Desk: 202-912-7282 Cell: 907-223-3267 On Wed, Apr 26, 2017 at 3:42 PM, Kelleher, Karen <kkelleh@blm.gov> wrote: --------- Forwarded message----------From: Shannon Stewart <scstewar@blm.gov> Date: Fri, Apr 14, 2017 at 5:43 PM Subject: Fwd: BLM Response to SO 3349 To: Karen Kelleher <kkelleh@blm.gov>. Kristin Bail <kbail@blm.gov>. Steve Tryon <strvon@blm.gov> I have requested an electronic copy of the Word doc as well for our records and will send it along when I get it. Have a nice weekend! Shannon Shannon Stewart Acting Chief of Staff Bureau of Land Management 202-570-0149 (cell) 202-208-4586 (office) scstewar@blm.gov Begin forwarded message: From: "Seidlitz, Joseph (Gene)" <gseidlit@blm.gov> To: Richard Cardinale <richard cardinale@ios.doi.gov>. Shannon Stewart <scstewar@blm.gov> Cc: Katharine Macgregor <katharine macgregor@ios.doi.gov>. Jill Moran <jcmoran@blm.gov> Subject: BLM Response to SO 3349 Hi Attached is the signed and dated memo to the Sec Office regarding BLM's Response to SO 3349. Original is in the Sec Office and Pam has a copy. Cheers Gene Gene Seidlitz ASLM Analyst-Liaison 202-208-4555 (O) 775-304-1008 (C) Karen Kelleher Deputy Assistant Director - Resources and Planning Main Interior room 5646 kkelleh@blm.gov 202-208-4896 Karen Kelleher Deputy Assistant Director - Resources and Planning Main Interior room 5646 Deputy Assistant Director - Resources and Planning Main Interior room 5646 kkelleh@blm.gov 202-208-4896 Serena Sweet Supervisory Planning & Environmental Coordinator BLM Alaska - Division of Resources www.blm.gov/ak/planning Desk: 907-271-4543 Cell: 907-223-3267 Karen Kelleher Deputy Assistant Director - Resources and Planning Main Interior room 5646 kkelleh@blm.gov 202-208-4896 Serena Sweet <ssweet@blm.gov> From: Sent: To: Subject: Serena Sweet <ssweet@blm.gov> Thu Apr 27 2017 04:59:08 GMT-0600 (MDT) "Kelleher, Karen" <kkelleh@blm.gov> Re: BLM Response to SO 3349 I didn't see on my iPad, sorry! I'll look at it right now. On Wed, Apr 26, 2017 at 9:16 PM Kelleher, Karen <kkelleh@blm.gov> wrote: there are questions & comments you need to answer On Wed, Apr 26, 2017 at 7:29 PM, Serena Sweet <ssweet@blm.gov> wrote: Looks good to me. Thanks! On Wed, Apr 26, 2017 at 6:41 PM Kelleher, Karen <kkelleh@blm.gov> wrote: Hi Serena, please see attached - I've added some comments on additional changes. Need these back as soon as possible because have to send to Kristin NLT 8:30am tomorrow. Karen On Wed, Apr 26, 2017 at 5:31 PM, Sweet, Serena <ssweet@blm.gov> wrote: Karen Kelleher Deputy Assistant Director - Resources and Planning Main Interior room 5646 kkelleh@blm.gov 202-208-4896 Karen Kelleher Deputy Assistant Director - Resources and Planning Main Interior room 5646 kkelleh@blm.gov 202-208-4896 Serena Sweet Supervisory Planning & Environmental Coordinator BLM Alaska - Division of Resources www.blm.gov/ak/planning Desk: 907-271-4543 Cell: 907-223-3267 Karen Kelleher Deputy Assistant Director - Resources and Planning Main Interior room 5646 kkelleh@blm.gov 202-208-4896 Serena Sweet Supervisory Planning & Environmental Coordinator BLM Alaska - Division of Resources www.blm.gov/ak/planning Desk: 907-271-4543 Cell: 907-223-3267 as an alternative set of procedures to meet Section 106 responsibilities. The program provides for a company to choose to contribute the cost of the required archaeological survey (required under Section 106 of the NHPA), into a mitigation pool. The pooled fund allows for effective management of the area's archaeological resources and provides industry more predictability and control over schedules and budgets needed to operate efficiently. In addition to aiding compliance with various laws and regulations, use of mitigation in appropriate circumstances may also increase the defensibility of BLM's decisions. For example, in 2008, when BLM authorized natural gas development in the Pinedale Anticline in western Wyoming, the Record of Decision was challenged on the grounds that it violated FLPMA's direction to prevent unnecessary or undue degradation of the public lands. The D.C. Circuit Court of Appeals, however, found that BLM's authorization complied with FLPMA, citing BLM's reliance on mitigation measures to reduce project impacts (Theodore Roosevelt Conservation Partnership v. Salazar, 661 F.3d 66, 76-77 (D.C. Cir. 2011)). BLM began working on formal mitigation policy in the early 2000s to provide clarity and guidance for the field and increase consistency in the implementation of mitigation, in particular, identifying, considering, and, as appropriate, requiring, mitigation to address impacts to sensitive, important, or rare resources from public land uses. BLM has also focused on proactive and regional approaches that consider mitigation in the planning process, and encourages the use of mitigation banks, exchanges and similar mechanisms. This approach has provided more certainty to applicants on the types of mitigation likely to be considered for a project and has helped to streamline the permitting process. RECENT BLM MITIGATION ACTIONS The BLM has adopted or is in the process of developing the following actions relating to (1) Secretary's Order 3330, dated October 31, 2013, "Improving Mitigation Policies and Practices of the Department of the Interior;" and the associated report dated April 2014, "A Strategy for Improving the Mitigation Policies and Practices of the Department of the Interior;" and (2) the Presidential Memorandum dated November 3, 2015, "Mitigating Impacts on Natural Resources from Development and Encouraging Related Private Investment." 1. BLM IB No. 2017-015, Availability of Model Compensatory Mitigation MOU (December 2016). This IB announces the availability of a model memorandum of understanding (MOU) for use by BLM State Offices when collaborating with state governments regarding state-based compensatory mitigation programs for the Greater sage-grouse and its habitat. This model provides language that makes the strongest commitment the BLM can make within our legal constraints to coordinate our project review processes with the states' compensatory mitigation programs. The model MOU reasonable and prudent alternatives to avoid jeopardizing the continued existence of a listed species under section 7 or as a component of a Habitat Conservation Plan under section 10; under the National Historic Preservation Act, since BLM must consult with states, tribes, and other parties to seek to resolve an undertaking's adverse impacts on historic properties, and seek to minimize harm on National Historic Landmarks; and under the Federal Land Policy and Management Act (FLPMA), to prevent unnecessary or undue degradation of public lands. 2 BACKGROUND ON CLIMATE CHANGE For many years, primarily through NEPA analyses for land use planning and project authorizations, the BLM has considered climate change, its effects on public lands and public land users, and how BLM decisions contribute to climate change. BLM began working on formal climate change policy in 2008 through issuance of an Instruction Memorandum (IM) transmitting draft guidance for state and field office comments on incorporating climate change considerations into land use planning and NEPA documents. In 2010, the CEQ released a document entitled, "Draft NEPA Guidance on Consideration of the Effects of Climate Change and Greenhouse Gas Emission" for review by the public and agencies. The CEQ issued revised draft guidance in December of 2014 for review and comment. Final CEQ guidance was issued in August of 2016. RECENT BLM CLIMATE CHANGE ACTIONS The BLM has adopted or is in the process of developing the following list of actions relating to the Presidential actions, reports, and guidance that are rescinded by the March 28, 2017 EO identified in SO 3349 and the 2016 CEQ "Final Guidance for Federal Departments and Agencies on Consideration of Greenhouse Gas Emissions and the Effects of Climate Change in National Environmental Policy Act Reviews." 1. BLM Permanent IM No. 2017-003, The Council on Environmental Quality Guidance on Consideration of Greenhouse Gas Emissions and the Effects of Climate Change in National Environmental Policy Act Reviews (December 2016). The IM transmits CEQ guidance on considering climate change in NEPA analysis. It also provides specific step-down guidance for how to calculate the "downstream" or indirect greenhouse gas emissions associated with fossil fuel actions (coal, oil, and gas), when production estimates are reasonably foreseeable. 2. BLM IM, Considering Climate Change in NEPA Documents (never issued). This draft policy was intended to provide BLM-specific step-down guidance based on CEQ guidance and Department of the Interior Office of Environmental Policy and Compliance (OEPC) guidance on considering climate change in NEPA analysis. Topics included land use and carbon sequestration, biogenic emissions associated with prescribed- and wild-fire, and the social cost of carbon. This policy has not been completed and was placed on hold pending clarifying guidance on how to proceed with climate change from the Department. 3. BLM IM 2016-029: Environmental Management System 2016 National Objectives and Targets. This IM Identifies the BLM's Fiscal Year 2016 Environmental Management System (EMS) objectives and targets. It references Executive Order 13693, Planning for Federal Sustainability in the Next Decade, which directs agencies and bureaus to reduce air emissions, water use, energy use, and enhance their green procurement. 4. BLM IM 2015-020: Guidance (sic) Use of Air Emissions Estimating Tools. This IM provides national guidance for the BLM on the use of air emissions estimating tools. 6 Specifically, it describes three toolkits available for BLM staff to use when estimating emissions for NEPA or other purposes. 5. BLM IM 2017-037: Waste Mine Methane Policy. This IM establishes national policies and processes to foster voluntary activities by operators to capture waste mine methane from underground coal or other solid mineral mines. These policies allow waste mine methane to be put to productive use, where economical, and reduce environmental impacts, while ensuring continued safe underground mining operations on Federal lands 6. BLM Waste Prevention, Production Subject to Royalties, and Resource Conservation regulation. 81 Fed. Reg. 83008 (January 17, 2017). This new rule provided guidance on managing methane. Please see response to Section 5(c) for more information on this rule. PREVIOUS BLM CLIMATE CHANGE ACTIONS Prior to issuance of the documents listed in SO 3349, the BLM took the following actions of note related to climate change: 1. BLM New Mexico IM No. NM-2013-022, Availability of Updated Air Resources Technical Report (ARTR); Use of Environmental Assessment (EA) Template Air Quality and Climate Change Language for Applications for Permit to Drill (APDs) and Lease Sales (June 2013). This IM instructed District and Field Offices to use the latest version of the BLM New Mexico Air Resources Technical Report, and provided template language for use in NEPA environmental analysis documents to address air quality and climate change impacts. 2. BLM Oregon/Washington IM No. OR-2010-012, Analysis of Greenhouse Gas Emissions and Consideration of Climate Change in National Environmental Policy Act Documents (January 2010). This IM provided guidance on analyzing greenhouse gas emissions and addressing changing climate conditions in NEPA documents. The IM expired in October 2011. 3. BLM IM No. 2008-171, Guidance on Incorporating Climate Change into Planning and NEPA Documents (August 2008). This IM transmitted draft guidance on incorporating climate change considerations into the Land Use Planning/NEPA analysis process, and requested feedback from the BLM states on their experience with incorporating climate change into NEPA documents. 4. BLM Land Use Planning Handbook H-1601-1 (2005). BLM's land use planning regulations and handbook provide broad guidance on the development of land use plans. The handbook guidance includes the consideration of climate change. BLM has also developed tools and a report to assist in assessing emissions, including the following: 1. Tool: BLM Emissions Inventory Toolkit. The BLM Washington Office is developing an Emissions Inventory Toolkit, scheduled for completion in September 2017, which would consolidate and enhance existing emissions inventory tools that have been 7 adaptation actions (e.g., drought, invasive species, fire and other changes that may be related to climate change). In general, BLM believes there is broad public support for BLM's adaptationrelated actions with regard to managing the public lands to be resistant and resilient to wildland fire, invasive species, and drought as this makes the public lands more capable of providing the variety of uses and services the public expects. The BLM recommends, therefore, that reconsideration focus on policy related to greenhouse gases, such as evaluation of downstream effects. Based on feedback from the Deputy Secretary to the Assistant Secretary, the BLM will, in accordance with Section 5(a)(iii) and 5(b)(iii), determine which mitigation or climate policies cause an unnecessary burden to domestic energy development and provide a draft revised or substitute action for review. 10