RAPID/Roadmap/7-FD-a
Utilization Application (7-FD-a)
Utilization of geothermal resources includes the permitting and operating procedures for:
- Electrical generation facilities;
- Direct use facilities;
- Related utilization facility operations;
- Actual and allocated well filed production; and
- Related well field operations.
This section does not address conducting exploration operations, or drilling wells intended for production or injection. 43 C.F.R. § 3270.10.
The BLM regulates Geothermal Utilization pursuant to the Geothermal Steam Act of 1970, 30 U.S.C. §§ 1002–1028 and the National Environmental Policy Act of 1969, 42 U.S.C. §§ 4321–4347 (NEPA), as well as its regulations at 43 C.F.R. §§ 3200–3279, Geothermal Resource Leasing.
Utilization Application Process
7-FD-a.1 to 7-FD-a.2 – Is a Utilization Plan Required?
A developer is not required to submit a Utilization Plan to the BLM if the facility is located on either:
- Private land; or
- Lands where the surface is privately owned and BLM has leased the underlying Federal geothermal resources, when the facility will utilize Federal geothermal resources. 43 C.F.R. § 3271.14.
However, in such instances, the developer must submit a Geothermal Sundry Notice (Form 3260-003) to the BLM before testing the utilization facility. 43 C.F.R. § 3271.14. The Sundry Notice must specify the amount of geothermal resources to be delivered during testing and the testing schedule. 43 C.F.R. § 3271.14.
7-FD-a.3 –Utilization Plan
A developer must submit a Utilization Plan to the BLM for power plants that will be constructed on federal lands and for those that will be sited on neighboring state or private lands but with a project area (e.g., a well field) that is located on federal lands with federally leased geothermal resources. 43 C.F.R. § 3271.13.
The Utilization Plan describes the proposed facilities for the utilization of the geothermal resources as well as the anticipated environmental impacts of those facilities and the mitigation methods to be implemented, if any. 43 C.F.R. § 3272.10.
The Utilization plan must include the following:
- A generalized description of all proposed structures and facilities, including their size, location, and function;
- A generalized description of proposed facility operations, including estimated total production and injection rates; estimated well flow rates, pressures, and temperatures; facility net and gross electrical generation; and, if applicable, interconnection with other utilization facilities. If it is a direct use facility, send us the information we need to determine the amount of resource utilized;
- A contour map of the entire utilization site, showing production and injection well pads, pipeline routes, facility locations, drainage structures, existing and planned access, and lateral roads;
- A description of site preparation and associated surface disturbance, including the source for site or road building materials, amounts of cut and fill, drainage structures, analysis of all site evaluation studies prepared for the site(s), and a description of any additional tests, studies, or surveys which are planned to assess the geologic suitability of the site(s);
- The source, quality, and proposed consumption rate of water to be used during facility operations, and the source and quantity of water to be used during facility construction;
- The methods for meeting air quality standards during facility construction and operation, especially standards concerning non-condensable gases;
- An estimated number of personnel needed during construction and operation of the facility;
- A construction schedule;
- A schedule for testing of the facility and/or well equipment, and for the start of commercial operations;
- A description of architectural landscaping or other measures to minimize visual impacts; and
- Any additional information or data that we may require.
Additionally, if the facility is a direct use facility, the developer must send the BLM information sufficient for the determination of the amount of resource utilized. 43 C.F.R. § 3272.11.
The developer must also include environmental protection measures in the Utilization Plan, which include, at minimum, measures and mechanisms for:
- Fire prevention or control;
- Soil erosion prevention;
- Surface or ground water protection;
- Fish and wildlife protection;
- Cultural, visual and other resource protection;
- Air and noise pollution minimization;
- Public health and safety protections.
The BLM may require the developer to provide proposed measures for monitoring the facility’s operations for environmental compliance and may require the developer to collect and share data to show proof of compliance with applicable air, water, noise, subsidence, and ecological systems. 43 C.F.R. § 3272.12. If another Surface Management Agency is involved, the BLM will consult with that agency on additional environmental mitigation methods. 43 C.F.R. § 3272.12.
7-FD-a.4 – Facility Construction Permit Application
The developer must submit a signed and completed facility construction permit application before building or testing a utilization facility. 43 C.F.R. § 3272.14. The facility construction permit functions as BLM permission to build the utilization facility. 43 C.F.R.§ 3200.1. The permit application must include:
- A description of the source and quantity of water to be used during facility construction;
- The methods for meeting air quality standards during facility construction and operation, especially standards concerning non-condensable gases;
- An estimated number of personnel needed during construction and operation of the facility;
- A construction schedule;
- A schedule for testing of the facility and/or well equipment, and for the start of commercial operations;
- A description of architectural landscaping or other measures to minimize visual impacts; and
- Any additional information or data that the BLM may require.
7-FD-a.5 – Will the Power Plant be Located on Federal Lands?
If the power plant itself is to be located on Federal Lands, the developer must submit a draft Site License in addition to the Utilization Plan. 43 C.F.R. § 3273.10. For projects where the power plant is located on neighboring state or private lands, only a Utilization Plan and facility construction permit application must be submitted. 43 C.F.R. § 3273.11.
7-FD-a.6 to 7-FD-a.7 – Site License Application (If Applicable)
The developer must submit a draft Site License prior to constructing or testing a geothermal power plant on federally leased lands. 43 C.F.R. § 3273.10 The Site License covers a reasonably compact area of federal land, limited to as much as is necessary to utilize geothermal resources, which generally means that the Site License is limited to the area for the utilization facility and other necessary structures such as substations. 43 C.F.R. § 3273.14. The application for a site license must include a description of the boundaries of the land applied for, either in legal subdivision, section, township and range or by approved protraction survey 43 C.F.R. § 3273.15. The application must also include the affected acreage as well as documentation that the leaseholder or the unit operator accepts the siting of the facility if the leaseholder or unit operator is not the developer of the geothermal utilization facility. 43 C.F.R. § 3273.15.
Additionally, the developer must pay a filing fee. The fee amount changes from year to year, and can be found at 43 C.F.R. § 3000.12. The developer must also provide the BLM with a site license bond in the amount of at least 100,000 USD for electrical generating projects and in amount the BLM determines is sufficient for direct use facilities 43 C.F.R. § 3273.19. For a direct use facility, the facility operator must submit a surety or personal bond to BLM that meets the requirements of subpart 3214 in an amount BLM will specify. Until BLM approves the bond, the operator cannot start construction, testing, or any other activity that would disturb the surface 43 C.F.R. § 3273.19.
If the facility operator is not the leaseholder for the lands in question or a unit operator for leases committed to the unit, the developer must also include in the application the first year’s rent, which is at least 100 USD per acre for an electrical generation facility and at least 10 USD per acre for a direct use facility. 43 C.F.R. §§ 3273.15, 3273.16, 3273.18
7-FD-a.8 to 7-FD-a.10 – Review Application Materials for Completeness
The BLM reviews the application materials for technical and administrative completeness. 43 C.F.R. §§ 3272.13, 3273.12. Incomplete applications will lead to delay in processing the documents for approval, as the BLM will pause the review until it has received sufficient information from the developer to proceed.
7-FD-a.11 – Conduct On-Site Evaluation
The BLM conducts an on-site evaluation with the developer to identify site-specific resource protection concerns and requirements. For more information on On-site Evaluations, see:
On-Site Evaluation Process: 10
7-FD-a.12 – Initiate NEPA Review
The BLM initiates NEPA review to assess whether the project will have a significant impact on the environment. 43 C.F.R. §§ 3272.13, 3272.14, 3273.12. If the Project will not have a significant effect, or if the effect can be mitigated, the BLM will publish a Finding of No Significant Impact (FONSI). If the project will have a significant effect, the BLM must prepare an Environmental Impact Statement (EIS) discussing the impact in light of the project as well as the potential impacts of alternatives to the project as proposed. For more information on the NEPA process, see:
Bureau of Land Management- NEPA Process:
9-FD-a
7-FD-a.13 to 7-FD-a.15 – Review Application Materials for Approval
The BLM reviews the application materials for approval after the NEPA process has been completed. 43 C.F.R. §§ 3272.13, 3272.14, 3273.12. If another surface management agency is involved such as the U.S. Forest Service, the BLM must consult with that agency regarding terms and conditions If BLM needs any further information to complete their review, they will contact the facility operator in writing and suspend the review until they receive the information. If the application is approved, the BLM issues an approved Utilization Plan, which contains a site license and an approved Facility Construction Permit, if applicable. 43 C.F.R. §§ 3272.13, 3272.14, 3273.12. The developer may begin construction after receiving the permit and must follow any stipulations or conditions of approval on the permits.
7-FD-a.16 – Commercial Use Permit Application
The developer must obtain a Commercial Use Permit from the BLM in order to commission the plant after it has been tested and it is fully operational by submitting a signed Sundry Notice requesting approval of a Commercial Use Permit. 43 C.F.R. § 3274.11. The application must include:
- The design specifications, and the inspection and calibration schedule of production, injection, and royalty meters;
- A schematic diagram of the utilization site or individual well, showing the location of each production and royalty meter. If the sales point is located off the utilization site, give us a generalized schematic diagram of the electrical transmission or pipeline system, including meter locations;
- A copy of the sales contract for the sale and/or utilization of geothermal resources;
- A description and analysis of reservoir, production, and injection characteristics, including the flow rates, temperatures, and pressures of each production and injection well;
- A schematic diagram of each production and injection well showing the wellhead configuration, including meters;
- A schematic flow diagram of the utilization facility, including interconnections with other facilities, if applicable; and
- A description of the utilization process in sufficient detail to enable BLM to determine whether the resource will be utilized in a manner consistent with law and regulations.
- The planned safety provisions for emergency shutdown to protect public health, safety, property, and the environment. This should include a schedule for the testing and maintenance of safety devices;
- The environmental and operational parameters that will be monitored during the operation of the facility and/or well(s); and
- Any additional information or data that BLM may require.
7-FD-a.17 to 7-FD-a.18 – Review Application Materials for Completeness
The BLM reviews the CUP application materials for technical and administrative completeness. Incomplete applications will lead to delay or rejection of the application. 43 C.F.R. § 3274.12. The BLM will notify the developer in writing if further information is required.
7-FD-a.19 to 7-FD-a.20 – Review Application Materials for Approval
The BLM reviews a completed application for approval. In making its determination, the BLM reviews the application for conformity with the Utilization Plan and mitigation measures for the site. 43 C.F.R. § 3274.12. If another agency manages the surface of the lease, the BLM consults with that agency before approving the permit.
7-FD-a.21 – Commercial Use Permit
The BLM issues a Commercial Use Permit to the developer if the application is in conformity with the existing Utilization Plan and mitigation measures. The developer may begin operation of the facility once the permit has been issued, subject to any conditions the BLM places on the grant of the permit. 43 C.F.R. § 3274.12.
7-FD-a.22 – Appeal Decision (Optional)
The developer may appeal the BLM’s decision to deny the permit. The BLM’s denial remains active pending appeal. 43 C.F.R. § 3200.5.
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