How will the BLM address renewable energy projects on BLM lands with Bald and Golden Eagle Protection Act compliance concerns?
The BLM has always been subject to legal requirements for bald and golden eagle conservation and protection under the Eagle Act (as amended) and for the bald eagle (for the period that it was listed) under the Endangered Species Act (ESA). On September 11, 2009, the FWS published “Eagle Permits; Take Necessary to Protect Interest in Particular Localities; Final Rules” (Rule) in the Federal Register, creating a regulatory mechanism by which individual and programmatic “take” of bald eagles and golden eagles could be permitted under the Eagle Act for authorized uses and activities on the BLM administered lands. The BLM is following national guidance through Instruction Memorandum IM No. 2010-156, Bald and Golden Eagle Protection Act – Golden Eagle National Environmental Policy Act and Avian Protection Plan Guidance for Renewable Energy until the FWS establishes criteria for programmatic permits. The wind energy proponent must be aware that compliance with the Eagle Act is a dynamic and a
