RAPID/Roadmap/4-FD-a
Bureau of Land Management Geothermal Exploration Permit (4-FD-a)
Exploration operations include any activity related to the search for evidence of geothermal resources where an operator (developer) is physically present on the land and their activities may cause damage to those lands, and include the following:
- Geophysical operations;
- Drilling temperature gradient wells;
- Drilling holes used for explosive charges for seismic exploration;
- Core drilling or any other drilling method so long as the well is not used for resource production;
- The construction of roads and trails related to operations; and
- Cross country transit by vehicles over public land.
Exploration Activities do not include the direct testing of geothermal resources or the production or utilization of geothermal resources. 43 C.F.R. § 3200.1.
The NOI does not grant exclusive rights to the developer and may be granted for lands on which a different party holds a geothermal lease. In such cases, the developer must not undertake exploration operations that will unreasonably interfere with or endanger the other operations. 43 C.F.R. § 3250.11.
The BLM regulates exploration operations pursuant to the Geothermal Steam Act of 1970 and the National Environmental Policy Act of 1969 (NEPA), in addition to its regulations at 43 C.F.R. §§ 3200–3279, Geothermal Resource Leasing.
A developer does not need to obtain an approved NOI from the BLM for the following kinds of lands:
- Unleased land administered by another Federal Agency;
- Unleased geothermal resources whose surface land is managed by another Federal Agency;
- Privately owned land; or
- Casual Use Activities (those activities without a significant disturbance to federal lands, resources, or improvements).
Note: A developer may need to seek an approval from other federal agencies for lands administered by that agency or for unleased geothermal resources with surface management administered by the agency. For more information on exploration operation on lands administered by the United States Forest Service, see:
4-FD-b
Bureau of Land Management Geothermal Exploration Permit Process
4-FD-a.1 –Hold Pre-Application Coordination Meeting (Optional)
The developer may seek a pre-application consultation meeting with the BLM to discuss the proposed exploration activities and the specific information or environmental surveys that will be required as part of the approval process.
4-FD-a.2 to 4-FD-a.3 – Notice of Intent to Conduct Geothermal Resource Exploration Operations Application
A developer must submit a Notice of Intent to Conduct Geothermal Resource Exploration Operations Application (Form 3200-09) to the BLM for approval. The application must include a description of the lands the developer proposes to explore, and must be signed by the developer. 43 C.F.R. § 3251.11. Additionally, the application must include the following information:
- For operations other than drilling gradient wells:
- A description of the developer’s exploration plans and procedures, including the approximate starting and ending dates for each phase of operations;
- For drilling temperature gradient wells, a description of the applicant’s proposed drilling and completion procedure, including, for each well (or wells) in an area of geologic and environmental similarity the following information:
- A detailed description of the equipment, materials, and procedures;
- The depth of each well;
- The casing and cementing program;
- The circulation media;
- A description of the logs the developer will run;
- A description and diagram of the blowout prevent equipment used during each phase of drilling;
- The expected depth and thickness of fresh water zones;
- Anticipated lost circulation zones;
- Anticipated temperature gradient in the area;
- Well site layout and design;
- Existing and planned access roads or ancillary facilities; and
- the source of drill pad and road materials and water supply;
- Estimated surface disturbance;
- Environmental protection measures;
- Surface Reclamation methods; and
- Any other information required by the BLM.
In addition, the developer must provide evidence of bond coverage. 43 C.F.R. § 3251.11(d). The developer must obtain bonding in one of two ways. First, if the developer has an existing nationwide or statewide oil and gas exploration bond, they must provide a rider in an amount specified by the BLM to include geothermal resources exploration operations. 43 C.F.R. §§ 3214.12, 3251.14. If the developer does not have an existing exploration bond, he or she must file a new bond for geothermal exploration using Oil and Gas or Geothermal Exploration Bond (Form 3000-4). 43 C.F.R. § 3251.14. The minimum amounts for geothermal exploration are:
- $5,000 for a single operation;
- $25,000 for all operations within a state (statewide bond);
- $50,000 for all operations on public lands nationwide (nationwide bond).
4-FD-a.4 to 4-FD-a.5 – Review NOI for Completeness
The BLM reviews the NOI application for technical and administrative completeness. Incomplete applications will lead to the suspension of the NOI approval process if the BLM must request additional information from the developer. 43 C.F.R. §§ 3251.11, 3251.12. The developer will have an opportunity to correct deficiencies in the application. 43 C.F.R. § 3251.12.
4-FD-a.6 to 4-FD-a.7 – Are the Lands Open to Geothermal Development?
The BLM reviews the lands in question in light of the Land Use Management Plan to determine whether the lands are open for geothermal development. Federally managed lands may not be open to development if:
- A land use plan is being revised;
- Exploration activities are not compatible with the existing use plan;
- Lands are closed to leasing; or
- Lands are not under federal management.
If the lands are not available for geothermal development, the BLM will notify the developer.
4-FD-a.8 to 4-FD-a.10 – Review Application for Casual Use Activities
The BLM reviews the completed NOI application for planned disturbances that may constitute a casual use. Casual use activities are activities without a significant disturbance to federal lands, resources, or improvements, and may include the following:
- Collection of geochemical rock, soil, or mineral specimens using hand tools;
- Water sampling;
- Use of battery-operated devices for mineral detection;
- Motorized vehicle use, including off road travel if allowed by BLM land use plans; and
- Surface disturbances of less than approximately one meter squared.
Casual use activities do not require an exploration permit or further approval of the NOI. If the BLM determines that the activities constitute casual use, it returns the application to the developer and notifies the developer that the exploration activities constitute a Casual Use. 43 C.F.R. § 3250.10.
4-FD-a.11 to 4-FD-a.12 – Is the BLM the Surface Management Agency?
If the BLM is the surface management agency responsible for managing the surface of the lands in question, the BLM proceeds with environmental review. If the BLM is not the surface management agency but instead has leased the subsurface geothermal resources, and the developer is the lease operator and wants to conduct exploration activities, the BLM must consult with the surface management agency before approving the NOI. 43 C.F.R. § 3251.12.
4-FD-a.13 – Conduct On Site Evaluation
The BLM conducts an On Site Evaluation to evaluate site specific conditions and identify additional surveys and conditions of approval for the developer prior to the approval of the NOI, as well as identifying conditions to be analyzed in NEPA review. For more information on the onsite evaluation process, see:
On-Site Evaluation Process: 10
4-FD-a.14 – Initiate NEPA Review
The BLM initiates NEPA review on applications containing activities with the potential for site disturbances. The BLM must determine whether the exploration operations require a new NEPA analysis, which may take the form of an Environmental Assessment or an Environmental Impact Statement. Bureau of Land Management – BLM Manual Handbook H-1790-1, National Environmental Policy Act. If the project will not have a significant impact on the environment and there are no extraordinary circumstances present, the project may qualify for a Categorical Exclusion instead. For more information on the BLM NEPA review process, see:
Bureau of Land Management- NEPA Process:
9-FD-a
4-FD-a.15 to 4-FD-a.16 – Is the NOI Approved?
The BLM approves or denies the NOI application after conducting NEPA review of the proposed area. The approved NOI serves as the exploration permit. 43 C.F.R. § 3251.10. This approval may be conditioned on additional stipulations the developer must abide by.
4-FD-a.17 – Appeal Decision (Optional)
The Developer may appeal the denial of the NOI. 43 C.F.R. § 3200.5. The BLM's denial will remain active pending the result of the appeal.
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