Planning

Background

Section 368 of the National Energy Policy Act of 2005 requires the United States Department of Energy (DOE), Bureau of Land Management (BLM), and U.S. Forest Service (USFS), in cooperation with the Departments of Commerce and Defense, to designate new right-of-way corridors on federal lands for electricity transmission and distribution facilities, and oil, gas, and hydrogen pipelines. As directed by the Act, the DOE, BLM, and USFS prepared a West-wide Energy Corridor Programmatic Environmental Impact Statement (PEIS) that evaluated issues associated with designation of energy corridors on federal lands in eleven Western states (see map). Public scoping meetings for the West-wide Energy Corridor PEIS were held in California on November 1, 2005, and the public scoping comment period ended November 28, 2005. Based upon the information and analyses developed in the PEIS, each federal Agency amended its respective land use plans by designating appropriate energy corridors.

The Record of Decision that amended the Cleveland National Forest Land Management Plan was signed on January 14, 2009.

Overview

Energy Policy Act of 2005 (Public Law 109-58)
Section 368

1. Mandated by Congress
   1. No later than August 8, 2007, complete Programmatic Environmental Impact Statement (PEIS) for 11 Western States
   2. Consult with the Federal Energy Regulatory Commission, states, tribes or local governments, affected utility industries, and other interested parties
2. Requisite actions by agencies
   1. Designate corridors for oil, gas, and hydrogen pipelines, and electricity transmission and distribution facilities on federal lands in 11 Western States
   2. Perform any environmental reviews required to complete corridor designation
   3. Incorporate designated corridors into relevant agency land use plans
3. Ongoing responsibilities
   1. Ensure additional corridors on federal lands are promptly identified and designated as necessary
   2. Expedite applications to construct or modify facilities within such corridors, taking into account prior analyses and environmental reviews

Additional Information

• Link to the Final Programmatic Enviromental Impact Statement
• Record of Decision:  USDA Fores Service Designation of Section 368 Energy Corridors on National Forest System Lands in 10 Western States
• West Wide Energy Corridor Final PEIS Maps
• West-wide Energy Corridor Information Center home page
• Extract of Section 368.  Energy Right-of-Way Corridors on Federal Land

The USDA Forest Service has authorized the construction, operation, and maintenance of the Sunrise Powerlink on the Cleveland National Forest.

The signed Record of Decision adopts the California Public Utilities Commission/Bureau of Land Management Final Environmental Impact Report/Environmental Impact Statement (EIR/EIS).

"Throughout the deliberative process, the Forest Service sought to balance California’s renewable energy needs with minimizing impacts to the environment to the greatest extent possible," said Will Metz, Forest Supervisor of the Cleveland National Forest. "The Forest Service's decision to authorize the project provides future access to renewable energy, improves energy system reliability, and will reduce transmission congestion in the greater San Diego area. The citizens of Southern California will benefit from implementation of Sunrise Powerlink and it is in the national interest to allow Forest lands to be utilized for this project."

The decision adopts the comprehensive mitigation measures detailed in the Final EIR/EIS and the Fish and Wildlife Service's Biological Opinion. Fire mitigation will include the construction and maintenance of defensible space on Forest land adjacent to communities at risk along the route of the transmission line, and the funding to plan, design and construct fire suppression facilities and improvements. The decision also provides for additional mitigation measures on Forest lands to further minimize the impacts of the project on the environment.

The decision amends the Cleveland National Forest Land Management Plan (LMP) to provide a project-specific exception to the Forest LMP requirements regarding scenic integrity along the transmission line route, riparian conditions and biological resource condition goals in Riparian Conservation Areas, and for the construction of the transmission line in a Back-Country Non-motorized area.

"We carefully considered the public comments, and reviewed the information contained in the Supplemental Information Report in determining that further environmental analysis is not needed," added Metz. "A Special Use Permit will be issued to SDG&E contingent on resolution of any potential appeals to my decision, and project certification under the Clean Water Act by the State of California Water Resources Control Board."

Publication of the legal notice in the Union Tribune concerning the Forest Supervisor’s decision established the 45-day Administrative Review Period (appeal period) that ended on August 30, 2010. Twelve appeals were filed with the Appeal Deciding Officer, Randy Moore, Regional Forester. Issues raised in the appeals include concerns with fire risk, and impacts to visual, wildlife and watershed resources. 

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