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Step 1: Select Mitigation
Action(s) and Location(s): As
described in Section 2.8, the
recommended mitigation actions/
location are: (1) increase law
enforcement and monitoring
activities to halt the trend in
degradation of resource values; and
(2) restore disturbed areas in the
Gold Butte ACEC.
Step 2: Calculate the Base Fee:
The market analysis for the Dry
Lake SEZ mitigation consisted of
a BLM economist querying local
contractors for the cost of restoring
an acre of burn scar to the creosotebursage
vegetative community (the
main vegetative community at Dry
Lake). The BLM determined that
the cost of restoration was roughly
$10,000 per acre.
Example: Base Per-Acre Mitigation
Fee = $10,000
Step 3: Calculate the Adjusted
Base Fee: Since the base per-acre
mitigation fee calculated in Step 2
represents the costs of restoring a
completely altered landscape, it is
necessary to adjust the restoration
fee to reflect the actual landscape
conditions within the SEZ. To
do this, the base mitigation fee
calculated in Step 2 is multiplied
by the landscape condition index,
which for the Dry Lake SEZ is 52.8%
(NatureServe 2013).
Example: Adjusted Base Per-Acre
Mitigation Fee = ($10,000 x 0.528) =
$5,280
Step 4: Consider SEZ
Adjustment: For some SEZs, the
BLM may apply an adjustment
intended to direct solar
development to the SEZ and
account for degraded site-specific
habitat conditions not considered
in Step 3. The BLM may use this
discretion, on a case-by-case basis,
to identify appropriate terms
and conditions—including those
relating to mitigation—for FLPMA
Title V right-of-way authorizations.
The BLM recommends an
adjustment of 50% for the Dry Lake
SEZ.
Example: Recommended Dry
Lake SEZ Adjusted Base Per-Acre
Mitigation Fee = ($5,280 x 0.50) =
$2,640
Step 5: Add Per-Acre
Acquisition, Restoration, and
Preservation Fees: There are no
acquisitions proposed for the Dry
Lake SEZ. The costs of increased law
enforcement and monitoring are
added in Step 6.
Step 6: Add Per-Acre
Effectiveness and Durability Fee:
To ensure all mitigation techniques
chosen in Step 1 are effective
and durable, a standard BLM
effectiveness and durability fee
should be applied to regional
mitigation fees. Table 2-4 details
how this fee is calculated. This fee
is simply added to the per-acre fee
calculated in Step 5.
Example: Recommended Dry
Lake SEZ Adjusted Base Per-Acre
Mitigation Fee = ($2,640 + $20) =
$2,660
Table 2-4. Estimate of funding needed for
management activities to ensure effectiveness
and durability a .
Tasks
Per Acre/
Per Year
Law enforcement $15
Effectiveness monitoring $5
TOTAL $20
Annual rate for 5,000-acre SEZ $100,000
Total 30-year management
fee/5,000-acre SEZ
$3,000,000
a
The cost estimates were derived from a cursory market
analysis and will be finalized once competitive interest
is received.
Step 7: Subtract Any Applicable
Endangered Species Act Section 7
Fees: The Dry Lake SEZ is in an area
subject to Section 7 permitting for
the desert tortoise, a species listed
under the Endangered Species Act
as threatened. The Endangered
Species Act Section 7 mitigation
fee for Clark County, where the SEZ
is located, is $824 per acre. Each
developer is required to pay this
fee, and the funds are expended in
pursuit of species recovery. Because
the expenditure of Section 7 fees is
consistent with Dry Lake regional
mitigation goals and objectives
(see Section 2.5.3), the Section 7
mitigation fee is subtracted from
the base fee to avoid duplicate
payment. The fee amount will still
be charged to the developer and
expended for mitigation of impacts
to desert tortoise in consultation
with the U.S. Fish and Wildlife
Service.
Example: Recommended Dry Lake
SEZ Per-Acre Mitigation Fee = $2,660 -
$824 = $1,836
REGIONAL MITIGATION STRATEGY FOR THE DRY LAKE SOLAR ENERGY ZONE • TECHNICAL NOTE 444 • 27