Restoration and Mitigation Leasing

The BLM may issue restoration leases for the purpose of restoring degraded landscapes or mitigation leases for the purpose of mitigating impacts resulting from other land use authorizations (6102.4(a)(1)). Restoration leases may be issued to a qualified entity to passively or actively assist the recovery of an ecosystem that has been degraded, damaged, or destroyed to a more natural, resilient ecological state. Mitigation leases may be issued to a qualified entity to offset impacts to resources resulting from other land use authorizations; however, a mitigation lease is not required for every compensatory mitigation action (43 CFR 6102.5.1(f)).

Applicants may propose a restoration or mitigation lease on any BLM-managed lands; however, authorization of a restoration or mitigation lease is a discretionary action on the part of the BLM, requires compliance with the National Environmental Policy Act (NEPA) and other applicable laws, and must conform to the BLM’s approved land use plan. Additionally, the BLM should ensure that any such lease is appropriate and does not conflict with any ongoing authorized uses.

For the first year of the restoration and mitigation leasing program (measured from the effective date of the Public Lands Rule), approval authority for leases and associated decisions shall be at the State Director level, and concurrence from the Assistant Director for Resources and Planning (HQ200) will be required. Leases proposed in a unit of the National Landscape Conservation System shall also be coordinated with the Assistant Director for National Conservation Lands and Community Partnerships (HQ400). Program leads for restoration and mitigation shall provide technical guidance as requested by State Directors who are considering lease applications and making leasing decisions.

Applicants shall submit a lease application to the BLM office having jurisdiction over the public lands in the proposed lease area. Unless otherwise directed by the authorized officer, applications shall be serialized and processed by the realty specialist at the appropriate field office. Approved leases shall be noted on master title plats and historical indices. State Offices may contact the Division of Lands, Realty, and Cadastral Survey (HQ350) for technical guidance on receiving, tracking, and processing restoration and mitigation leases.

When reviewing an application for a restoration or mitigation lease under 43 CFR 6102.4, the BLM should follow procedures similar to those that the BLM follows when reviewing applications for leases under 43 CFR 2920. More specifically, the authorized officer should consider the following questions and criteria in determining whether to authorize a proposed restoration or mitigation lease:

• Is the applicant qualified to hold the lease? [Refer to Attachment 1, Part A: Qualified Entities]
• Does the proposed lease conform to the applicable land use plan? [Refer to Attachment 1, Part B: Land Use Plan Conformance and NEPA Compliance]
• Does the lease proposal meet the conditions that make approval more likely (43 CFR 6102.4(d))?
  • Is the lease proposal consistent with restoration or mitigation principles (as applicable)? [Refer to Attachment 1, Part C: Review and Decision of a Lease Application]
  • Does the lease proposal promote desired future conditions consistent with management objectives in the land use plan for the proposed lease area? [Refer to Attachment 1, Part B: Land Use Plan Conformance and NEPA Compliance]
  • Has the applicant collaborated with other authorized users of the proposed lease area and do they support the lease proposal? Has the applicant conducted outreach to local stakeholders; is there support in the local community for the proposed lease; and will it advance environmental justice objectives? [Refer to Attachment 1, Part D: Stakeholder Outreach and Consideration of Environmental Justice]
• Is the lease proposed in an appropriate area, and is it at an appropriate geographic scale? [Refer to Attachment 1, Part E: Location and Size of Restoration and Mitigation Leases]
• What is the appropriate level of NEPA analysis? [Refer to Attachment 1, Part B: Land Use Plan Conformance and NEPA Compliance]
• Is the application package complete (43 CFR 6102.4(c))? [Refer to Attachment 2, Lease Application Package]
• Is the proposed lease compatible with existing authorized uses in the proposed lease area? [Refer to Attachment 1, Part F: Compatibility Determination]
• What is the appropriate term length for the lease? [Refer to Attachment 1, Part G: Term Length, Renewals, and Amendments]
• What rent and fees are the applicant required to pay? [Refer to Attachment 1, Part H: Rent, Fees and Waivers]
• If the lease is a restoration lease, is it eligible for a waiver of rent and fees? [Refer to Attachment 1, Part H: Rent, Fees and Waivers]
• Is the applicant required to post a bond? [Refer to Attachment 3, Bonding and Financial Assurances]
• If the lease is a mitigation lease, are financial assurances required? [Refer to Attachment 3, Bonding and Financial Assurances]
• Has an appropriate monitoring plan been established? [Refer to Attachment 1, Part I: Monitoring Plan and Annual Lease Activity Reports]

Once authorized, leases must be reviewed mid-term to assess progress towards achieving the lease goals and objectives and consistency with the lease provisions (43 CFR 6102.4(a)(3)(ii)). Leases shall be terminated if they meet the criteria outlined in 43 CFR 6102.4.1 (refer to Attachment 1, Part J: Termination and Suspension of Leases).