Assessing Whether Geothermal Exploration Activities Qualify as Casual Use
Bureau of Land Management
National Headquarters
Washington, DC 20240
United States
3203(300) P
This Instruction Memorandum (IM) provides guidance to the Bureau of Land Management (BLM) Field Offices (FO) about the types of casual use geothermal exploration activities that may be undertaken by an operator without any notice or application.
Additionally, this IM provides direction to BLM FOs when reviewing a Notice of Intent to Conduct Geothermal Resource Exploration Operations (Form 3200-09) (NOI). This guidance advances the Department’s commitment to accelerating the availability of reliable, steady-state baseload energy by reducing administrative barriers and standardizing the BLM’s assessment process.
This guidance supersedes all conflicting IMs or other guidance documents.
Mission Related.
BLM FOs will apply the guidance in this IM when determining what geothermal exploration activities qualify as casual use per 43 CFR Part 3200, which are activities that ordinarily lead to no significant disturbance of Federal lands, resources, or improvements.
To ensure consistent application of casual use standards across FOs, the following geothermal exploration activities will normally be considered casual use, unless the FO has reason to believe that the activity would cause significant disturbance to Federal lands, resources, or improvements:
- Field mapping, including surficial mapping using hand tools;
- Hand sampling, including the collection of rock, soil, spring, gas, or mineral specimens using hand tools;
- Ground-based geophysical surveys, including gravity, magnetic, and electromagnetic methods, and near-surface installations to depths less than 10 feet, including seismic and potential field methods;
- Airborne-based geophysical and remote sensing surveys without physical contact with the surface, including HeliTEM™, aeromagnetic, hyperspectral, and thermal imaging, as well as drone- or airplane-based remote sensing;
- Collection of surface or groundwater samples, including downhole water sampling from applicant’s existing wells without modification or drilling;
- Shallow probing operations, including shallow ground-temperature or water sampling using small, portable hand-held or off-highway vehicle-mounted direct-push probes (with rods less than 2 inches in diameter), using existing roads, disturbed areas, open clearings, or off-road where such vehicle use is consistent with the applicable land use plan;
- Use of handheld or backpack-sized battery-operated sensors or other devices;
- Temporary placement of battery-operated sensors in small holes, such as geophones for passive seismic surveys or sensors for magnetotelluric surveys for a temporary period;
- Vehicle use on established roads or trails, and off-road vehicle use where consistent with the applicable land use plan or travel management plan to access survey points that are not accessible by motorized or battery-powered vehicles using established roads and trails; and
- Other exploration activities as determined by the FOs that do not include the use of mechanized earth-moving equipment, truck-mounted or mechanized drilling equipment, or heavy equipment (e.g. seismic vibrator).
All described activities are conducted on foot, on pre-existing roads, within previously disturbed areas, or by off-road vehicle travel where consistent with the applicable land use plan or travel management plan.
When reviewing NOI applications for geothermal exploration to determine whether the activities qualify as casual use, FO specialists should refer to the listed activities.
When an operator (e.g., an individual, a company, a college or university, the U.S. Geological Survey, a state geological survey, etc.) interested in conducting geothermal exploration operations submits an NOI for BLM review, FO specialists will evaluate submitted geothermal NOI applications against the activities listed.
If the FO reviews the NOI and determines that the proposed activities are casual use, the FO will notify the applicant that no permit is required and the applicant may conduct the proposed activities. The proposed activity may then proceed immediately. The applicant’s NOI form will be returned without further BLM action/processing, and with an attached cover letter explaining that BLM has determined the proposal is casual use and does not require approval of the NOI.
NOI Time Response Requirements. FOs will respond to a NOI applicant within 15 calendar days of the submittal date of the NOI by: a) confirming a positive casual use determination by returning the unsigned NOI application, informing the applicant that no permit is required for the proposed activity based on the positive casual use finding; b) requesting additional information; c) informing applicants that the NOI application will be processed for a decision along the normal permitting track (the activity may result in more disturbance or effects on other resources than casual use); d) identifying deficiencies in the application; or e) notifying that the BLM FO needs additional time, not to exceed 10 calendar days, to complete its review.
Geothermal Dashboard Updates. BLM has launched an internal “Geothermal NOI Dashboard” to track NOI workload as well as the progress and status of NOI applications, including screening results. FOs will enter each new NOI into the Geothermal NOI Dashboard within 10 calendar days of receipt. FOs will update the dashboard within 10 days of any actions, such as a determination of casual use, notifications or information requests sent to the applicant, determining that the NOI is adequate and complete, and completion of a permitting decision on the NOI, as well as the associated dates of these actions.
This IM will be implemented based on business and technology requirements. Upon publication of this IM, guidance and tools for complying with this IM will be provided to the BLM state subject matter experts and staff.
This IM is effective immediately.
This IM will have minimal budget impact.
The BLM authorizes geothermal exploration on public lands under the authority of the Geothermal Steam Act of 1970 (GSA), as amended (30 U.S.C. 1000-1028). Under GSA Section 24 (30 U.S.C. 1023), the Secretary has the authority to develop implementing regulations for leasing and development of geothermal resources. These regulations are found at 43 CFR Part 3200 and include a definition for casual use as“activities that ordinarily lead to no significant disturbance of Federal lands, resources, or improvements.” 43 CFR 3200.1.
Other BLM minerals programs define casual use with different language, but to a similar effect. Casual use is used to delineate non-damaging activities that the public (including industry) may undertake on public lands without BLM review or approval of a permit. The scope of geothermal exploration operations is also included in the definitions section at 43 CFR 3200.1. Jurisdictional details for when the exploration operations regulations do and do not apply (e.g., for “casual use” activities) can be found at 43 CFR 3250.10. Subparts 3250-3256 of Title 43 of the CFR concern geothermal exploration operations and permitting.
In response to President Trump’s Executive Orders 14154, Unleashing American Energy, and 14156, Declaring a National Energy Emergency, and Secretary’s Orders 3417, Addressing the National Energy Emergency, and 3418, Unleashing American Energy, this IM provides a standardized policy for how BLM FOs will make casual use findings, thereby reducing the administrative barriers for certain types of geothermal exploration activities. In support of the Executive and Secretary’s Orders to unleash American energy and to better align with the American Energy Dominance Agenda, the BLM is placing a new emphasis on clarifying which activities normally do not require a BLM permit because they qualify as casual use with regard to geothermal exploration, to improve consistency across the BLM, and to accelerate permitting decisions for NOIs.
This IM transmits temporary guidance that is in effect until it expires or is superseded by publication of a BLM Manual or Handbook on Geothermal Exploration Operations.
If you have any questions concerning this policy, please contact Lorenzo Trimble, Geothermal Program Lead at [email protected].
This IM was coordinated with the BLM’s Energy, Minerals and Realty Management Directorate, geothermal program subject matter experts in BLM California, Idaho, Nevada, New Mexico, Oregon/Washington, and Utah, and the U.S. Department of the Interior’s Office of the Solicitor.