A Presentation to the. Wyoming Solid Waste and Recycling Association (WSWRA) 2016 Annual Conference Agenda

Transcription

1 A Presentation to the Wyoming Solid Waste and Recycling Association (WSWRA) 2016 Annual Conference Agenda

2 So you want to build a landfill?

3 Then you re gonna need some land

4 The Bureau of Land Management The BLM manages more than 245 million acres of public land, the most of any Federal agency. This land, known as the National System of Public Lands, is primarily located in 12 Western states, including Alaska. The BLM also administers 700 million acres of sub-surface mineral estate throughout the nation. The BLM's mission is to manage and conserve the public lands for the use and enjoyment of present and future generations under our mandate of multiple-use and sustained yield. In Fiscal Year 2015, the BLM generated $4.1 billion in receipts from activities occurring on public lands.

5 An Overview to Landfills on Public Land Statutory Authorities Pros and Cons Processing Requirements Limited Reverter Compliance and Monitoring Termination

6 Federal Land Policy and Management Act of 1976 (FLPMA), as amended Land Sale under Section 203 of FLPMA Transfer title with NO strings attached Free and clear title no reverter Purchase at FMV based on appraisal Pay some (or all) of BLM costs

7 Recreation and Public Purposes (R&PP) Act of 1926, as amended Lease or conveyance to state of local governments Special pricing for public purposes (e.g., landfill) $10/acre purchase price with minimum $50 per transaction No longer leasing public land for solid waste disposal (since November 9, 1988 change in R&PP Act and EPA regulations) Acreage limitations Title transfer WITH strings attached Plan of development & management Limited reverter

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10 Application Requirements Pre-Application Consultation Application submittal including $ nonrefundable application processing fee Indemnification statement Plan of development & management Application review Land status and availability including mining claims Resource management plan conformance Review application for completeness Other agency consultation county planning and zoning, WDEQ Cost Recovery All BLM costs for application processing are to be reimbursed, unless the applicant can demonstrate undue financial hardship

11 Investigative Report / Hazmat (ESA)

12 Application Processing Requirements Investigative Report/Land Transfer Audit (ESA) Reimbursement of all BLM costs Review of records Field examination & analysis of Soil Water Air State review & certification of investigative report SHALL NOT be conveyed if hazardous substances Plan of development Major developments completed within 5 years State permit National Environmental Policy Act of 1969 (NEPA)

13 Cultural Resource Inventory Native American Consultation

14 Wildlife Inventory and T&E Species Including Greater Sage-grouse

15 Visual Resource Management Class I Objective: To preserve the existing character of the landscape. The level of change to the characteristic landscape should be very low and must not attract attention Class II Objective: To retain the existing character of the landscape. The level of change to the characteristic landscape should be low Class III Objective: To partially retain the existing character of the landscape. The level of change to the characteristic landscape should be moderate. Class IV Objective: To provide for management activities which require major modification of the existing character of the landscape. The level of change to the characteristic landscape can be high.

16 Grazing Lease Termination 2-Year Notification

17 Timber BLM Effects on timber resource Impacts on local economy/industry Effects on land value

18 Mineral Potential Report BLM What mineral resources are present Mineral rights v. surface rights Effects on land value Qualified mineral examiner

19 Survey

20 Public Participation

21 Environmental Laws & Regulations Air Quality Areas of Critical Environmental Concern (ACEC) Cultural Resources Environmental Justice Prime or Unique Farmlands Flood Plains Hazardous or Solid Wastes Invasive, Non Native Species Livestock Grazing Mineral Resources Native American Religious Concerns Noxious Weeds Paleontology Recreation Soils Special Status Species Threatened and Endangered Species Traditional Cultural Properties Vegetation Visual Resource Management Water Quality and Prime or Sole Source of Drinking Water Wetlands and Riparian Zones Wild and Scenic Rivers Wilderness Values Wildlife

22 Additional Requirements Classification Determination lands are suitable for intended use Notice of Realty Action (NORA) Publish classification in Federal Register & Newspaper Must specify lands are classified for conveyance Must allow for comments on Classification decision Decision to issue patent

23 Patent Provisions Indemnification Limited Reverter Major developments completed within 5 years or unused lands revert to U.S Under no circumstances will any portion of those lands that have been used for solid waste disposal be reconveyed to the U.S. Compensation Provision Declaratory Covenant

24 After the Conveyance FLPMA Sale No refunds No Exchanges No BLM BLM may reserve mineral rights R&PP BLM will reserve all mineral rights Routine monitoring and compliance Quarterly through first 5 years Every 2 years thereafter More frequent if problems identified

25 After the Landfill Closes FLPMA Sale NONE U.S. WILL NOT TAKE TITLE BACK There is no reverter provision under FLPMA R&PP Follow plan of development for closure Must complete the closure and post closure requirements of WDEQ Long term monitoring

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