Why the Oil Shale and Tar Sands Programmatic EIS Is Needed

The Oil Shale and Tar Sands Programmatic Environmental Impact Statement is needed in order to comply with the Energy Policy Act of 2005, and to maintain compliance with the National Environmental Policy Act of 1969, which specifies when EISs must be prepared.

Section 369 of the Energy Policy Act of 2005

Section 369 of the Energy Policy Act of 2005 (the Act), Public Law 109-58 (H.R. 6), enacted August 8, 2005, directs the Secretary of the Interior to make available for leasing such BLM-administered land in Colorado, Utah, and Wyoming as the Secretary considers to be necessary to conduct research and development activities to facilitate the recovery of liquid fuels from oil shale and tar sands on public lands. Furthermore, Section 369 directs the BLM to prepare a Programmatic Environmental Impact Statement (PEIS) for a commercial leasing program for oil shale and tar sands resources on public lands.

Section 369 reads (in part) as follows:

"(c) Leasing Program for Research and Development of Oil Shale and Tar Sands- In accordance with section 21 of the Mineral Leasing Act (30 U.S.C. 241) and any other applicable law, except as provided in this section, not later than 180 days after the date of enactment of this Act, from land otherwise available for leasing, the Secretary of the Interior (referred to in this section as the `Secretary') shall make available for leasing such land as the Secretary considers to be necessary to conduct research and development activities with respect to technologies for the recovery of liquid fuels from oil shale and tar sands resources on public lands. Prospective public lands within each of the states of Colorado, Utah, and Wyoming shall be made available for such research and development leasing.

(d) Programmatic Environmental Impact Statement and Commercial Leasing Program for Oil Shale and Tar Sands-

(1) PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENT- Not later than 18 months after the date of enactment of this Act, in accordance with section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), the Secretary shall complete a programmatic environmental impact statement for a commercial leasing program for oil shale and tar sands resources on public lands, with an emphasis on the most geologically prospective lands within each of the states of Colorado, Utah, and Wyoming.

(2) FINAL REGULATION- Not later than 6 months after the completion of the programmatic environmental impact statement under this subsection, the Secretary shall publish a final regulation establishing such program."

Thus, the Energy Policy Act specifically directed the BLM to prepare a PEIS for the commercial leasing program.

The draft PElS has been prepared in cooperation with 14 federal, state, and local governmental organizations. Interactions with the cooperating agencies have included notification of the opening of the scoping period, briefings and discussions on the draft alternatives, review of preliminary internal drafts of the PElS; and informal meetings and discussions. The BLM initially intended the PElS to provide the NEPA analysis not only for the amendment of land use plans but also for the issuance of leases for the commercial development of both oil shale and tar sands resources. The BLM developed and circulated among cooperating agencies an internal draft EIS. Based on their review of the document, many of the cooperating agencies commented that the lack of information about specific technologies and their impacts caused BLM's analysis to be too speculative at this time to support a decision to issue any leases. As a result, the BLM has elected not to issue leases for commercial development of oil shale on the basis of this PElS.

National Environmental Policy Act

Federal laws and regulations require the federal government to evaluate the effects of its actions on the environment and to consider alternative courses of action. The National Environmental Policy Act of 1969 (NEPA) specifies when an environmental impact statement (EIS) must be prepared. NEPA requires that an EIS be prepared for major federal actions with the potential for significant impact on the quality of the human environment.

In addition to development of the oil shale and tar sands leasing program mandated in the Act, the Secretary has determined that leasing and subsequent development of oil shale and tar sands resources on BLM-administered lands would constitute a major federal action that may have a significant impact upon the environment within the meaning of NEPA. For this additional reason, the BLM has prepared a draft programmatic environmental impact statement (PEIS) to address the environmental impacts of an oil shale and tar sands program.

Why a Programmatic EIS Is Appropriate

A Programmatic EIS evaluates the environmental impacts of broad agency actions, such as the development of programs or the setting of national policies. Development of an oil shale and tar sands commercial leasing program for lands administered by the BLM will involve the proposed amendment of land use plans and will facilitate processing of anticipated lease applications. Therefore, the proposed action will define and implement a program that sets the stage for potential site-specific actions that might result in significant impacts on the environment.

Energy and the Environment

Environmental protection is an integral part of energy production.

The Energy Policy Act of 2005 addresses the Nation's need for ensuring greater security and affordability in our energy supply while also protecting the environment. Any steps the Agencies take to implement the Energy Policy Act will continue to include thorough environmental review and analysis.

Nothing in the Energy Policy Act changes the requirements of environmental laws such as the Endangered Species Act, the National Historic Preservation Act, the Clean Water Act, and the Clean Air Act.

In addition, the BLM remains committed to the principles of cooperative conservation and community collaboration with the many groups interested in environmentally responsible management of the public lands.