Solar Energy PEIS Scoping
Bureau of Land Management
U.S. Department of the Interior
1849 C Street NW
Washington, DC 20006
March 1, 2023
Dear BLM:
Thank you for the opportunity to submit scoping comments relating to the solar and wind energy programmatic environmental impact statement (PEIS). We support administrative decisions to protect the Minidoka National Historic Site and other Japanese American historic sites from solar and wind renewable energy siting. Our organizations work to tell the stories of the wrongful incarceration of Japanese Americans during World War II. These incarceration sites are sacred to Japanese Americans and critically important to tell America’s whole story.
The Japanese American community is a dispersed environmental justice community and underserved community. Our community also includes Japanese Alaskans, who have both Japanese and Alaska Native heritage (Tlinkit, Haida, Tsimshian, Aleut and Inupiat), who were incarcerated at Minidoka.
Our community is fighting to protect Minidoka National Historic Site from LS Power’s proposed Lava Ridge wind project on BLM public land and to preserve other incarceration sites as places for healing and learning.
We respectfully request your consideration of our comments: SOLAR AND WIND EXCLUSION CATEGORIES
Our organizations support retaining existing exclusion categories (#23 and 25), amending #24, and adding two new exclusion categories for solar. We encourage that BLM to consider adopting the amended list of solar exclusion categories to wind energy projects.
• National Historic Landmarks and Traditional Cultural Property. Our organizations support retaining existing exclusion categories (#23 and 25) for solar and adding exclusion categories for wind. As noted below, we encourage BLM field offices to inventory BLM lands and amend their land use plans to preserve Japanese American incarceration sites designated as National Historic Landmarks (NHL) and identified as Traditional Cultural Property (TCP) by the Japanese American community. The National Park Service has summarized its NHL findings in the National Historic Landmark (NHL) Theme Study entitled “Japanese Americans in World War II.” See also: Western Archeological and Conservation Center, National Park Service, U.S. Department of the Interior, “Confinement and Ethnicity: An Overview of Japanese American Relocation Sites,” Publications in Archeology 74.
• National Register Listed Sites. For exclusion category #24, National Register property, we recommend adding property deemed “national register eligible” by the SHPO.
• National Parks. Designate exclusion categories around units of the National Park System.
• Japanese American Confinement Sites (JACS). Please add a new exclusion category entitled Japanese American Incarceration Sites, for sites listed by Congress in the Japanese American Confinement Sites Act of 2006 (P.L. 109-441) and as amended by the Japanese American Confinement Education Act of 2022. (P.L. 117-328, Division DD—Public Land Management, Section 644). The legislation references sites described in Confinement and Ethnicity.
• Japanese American World War II History Network. Please add a new exclusion category for sites designated as part of the Japanese American World War II History Network (P.L. 117-328, Division DD—Public Land Management, Section 645).
MINIDOKA TRADITIONAL CULTURAL PROPERTY-LANDSCAPE OF INCARCERATION
In 2022, the Friends of Minidoka commissioned a Traditional Cultural Property (TCP) report entitled “A Landscape of Isolation: A Traditional Cultural Property Study of the Minidoka Concentration Camp and its Viewsheds in Jerome, Lincoln, Blaine, and Minidoka Counties, Idaho, with Recommendations as to their Eligibility for Listing in the National Register of Historic Places.”1Mario Battaglia, M.A., Rebecca Hawkins, M.A., and Thomas F. King, PhD, Algonquin Consultants, Inc., dated December 2, 2022. The TCP report concluded that BLM lands in the viewshed of the Minidoka National Historic Site and Minidoka Relocation Center constitute TCP for the Japanese American Community:
“… the Minidoka property qualifies as a TCP and is a historic property eligible for listing in the NRHP. The Minidoka TCP can best be described as a historic traditional cultural district that both retains integrity and is eligible for inclusion on the NRHP under criteria (a), (b), (c), and (d) … [and] that the Japanese American descendant community’s history, heritage, and identity are all intimately tied to the Minidoka TCP.”2Minidoka TCP, pp. 60-61.
In 2023, the Idaho State Historic Preservation Office has determined that the TCP is National Register eligible.3Letter from Idaho SHPO to Robyn Achilles, dated February 20, 2023.
PETITION FOR GREATER MINIDOKA AREA OF ENVIRONMENTAL CONCERN
In February 2023, the Friends of Minidoka petitioned the BLM to designate the Greater Minidoka Area of Environmental Concern (Minidoka ACEC).4Joshua Vallejos, M.A., Katherine Peck, M.S., Brian Elliott, M.S., Thomas F. King, Ph.D., and Rebecca A. Hawkins, M.A., Algonquin Consultants, Inc., dated February 12, 2023. The proposed Minidoka ACEC includes approximately 237,000-acres of BLM lands surrounding the Minidoka National Historic Site and Minidoka Relocation Center, which have been proposed for the Lava Ridge Wind Project.5Minidoka ACEC Nomination, p. 2. The proposed ACEC seeks to “protect a sensitive and culturally important site for Minidoka survivors, descendants, the Japanese American community, and our country. The Minidoka Relocation Center and its viewshed have been identified as a Traditional Cultural Property (TCP) eligible for inclusion in the National Register of Historic Places (NRHP),”6Minidoka ACEC Nomination, p. 2. and other important public values.
MONUMENT RESOURCE MANAGEMENT PLAN — SOLAR ENERGY ZONE AND EXCLUSION AREA
In the event that the BLM proposes to designate a Solar Energy Zone in the Monument Resource Management Plan (RMP) area/Shoshone Field Office, we recommend that the BLM work with the National Park Service, Japanese American community and local stakeholders to designate exclusion zones on BLM lands to protect Minidoka’s viewshed and the park’s fundamental resources and values from visual intrusions.
WIND ENERGY EXCLUSION AREA
In the event that the BLM proposes to amend the 2005 Wind Programmatic EIS to include the Monument RMP area for wind energy, we recommend that BLM exclude wind energy on BLM lands within the TCP and proposed ACEC.
UPDATE UNDERLYING LAND MANAGEMENT PLANS
The 2012 Solar PEIS exclusion categories for historic, cultural and other resources are predicated on BLM field offices carrying out FLPMA’s requirements to inventory and update land use plans. In the case of Southern Idaho, the BLM’s land use plans are grossly out of date. For example, the 1985 Monument Resource Management Plan was not amended to take into account the Minidoka National Historic Site and resources associated with the Minidoka Relocation Center and include required VRM categories. Without visual resource inventories, VRMs and updated land use plans, any proposed changes to the 2012 Solar Plan and 2005 Wind Plan will not achieve the proper balance between resource protection and renewable energy.
AUTHORITIES
As you consider these comments, our organizations encourage BLM to consider the following authorities relating to the preservation of Japanese American incarceration sites and other historic properties.
Minidoka National Historic Site Act of 2008. In 2008, Congress passed legislation (P.L. 110-229) to expand, redesignate the Monument as Minidoka National Historic Site, and establish the Bainbridge Island Japanese American Exclusion Memorial .7P.L. 110-229, Section 313(c) The law directs the that the NHS be managed “to protect, preserve, and interpret the resources associated with the former Minidoka Relocation Center …”8P.L. 110-229, Section 313(c)(2)(A) Minidoka’s authorizing legislation directs the Secretary to interpret “(I) the story of the relocation of Japanese Americans during World War II to the Minidoka Relocation Center and other centers across the United States; (II) the living conditions of the relocation centers…9P.L. 110-229, Section 313(c)(2)(B)(i)(I)
NPS Organic Act. Through the Organic Act, Congress established purposes for the National Park System “to conserve the scenery and the natural and historic objects and the wildlife therein and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations.” Congress directed that Minidoka be administered in accordance with the Organic Act and other “laws (including regulations) generally applicable to units of the National Park System.”10P.L. 110-229, Section 313(c)(5)(A)(ii)(I)
Historic Sites Act of 1935, as amended. Minidoka’s authorizing legislation (P.L.110-229) directs that Minidoka NHS be managed in accordance with the Historic Sites Act.11P.L. 110-229, Section 313(c)(5)(A)(ii)(II). Section 1 of the Historic Sites Act declares that it is national policy “to preserve for public use historic sites, buildings, and objects of national significance for the inspiration and benefit of the people of the United States.”1216 U.S.C. 461 Because it is a unit of the National Park System, Minidoka is deemed nationally significant.13National Park Service, 2012, “Japanese Americans in World War II Theme Study, p. 154 http://www.npshistory.com/publications/nhl/theme-studies/japanese-americans-ww2.pdf. “As a National Monument and a unit of the National Park System, the site has been determined nationally significant.” Section 2 of the Historic Sites Act states that ”The Secretary of the Interior (hereinafter in sections 1 to 7 of this Act referred to as the Secretary), through the National Park Service, for the purpose of effectuating the policy expressed in section 1 of this Act, shall have the following powers and perform the following duties and functions: … (f) Restore, reconstruct, rehabilitate, preserve, and maintain historic or prehistoric sites, buildings, objects, and properties of national historical or archaeological significance …”
Japanese American Confinement Sites Act. In 2006, Congress passed bipartisan legislation “to provide for the preservation of the historic confinement sites where Japanese Americans were detained during World War II.”14See: P.L. 109-441 Known as the Japanese American Confinement Sites Act (JACS), the Act directed the Secretary of the Interior to:
… create a program within the National Park Service to encourage, support, recognize, and work in partnership with citizens, Federal agencies, State, local, and tribal governments, other public entities, educational institutions, and private nonprofit organizations for the purpose of identifying, researching, evaluating, interpreting, protecting, restoring, repairing, and acquiring historic confinement sites in order that present and future generations may learn and gain inspiration from these sites and that these sites will demonstrate the Nation’s commitment to equal justice under the law.”15P.L. 109-441, Section 1(a) Emphases added.
Norman Y. Mineta Japanese American Confinement Education (JACE) Act. In 2022, Congress passed the JACE Act (P.L. 117-328) to “provide competitive grants for the promotion of Japanese American confinement education as a means to understand the importance of democratic principles, use and abuse of power, and to raise awareness about the importance of cultural tolerance toward Japanese Americans, and for other purposes.” The law reauthorized the JACS grant program, which includes the Minidoka Relocation Center as an eligible confinement site, and created a new program to support museum education.
Japanese American World War II History Network. In 2022, Congress passed legislation (P.L. 117-328) to establish the new Japanese American World War II History Network.16P.L. 117-328, Division DD—Public Land Management, Section 645
National Historic Preservation Act – Section 110 compliance. The NHPA states that it “is the policy of the Federal Government, in cooperation with other nations and in partnership with States, local governments, Indian tribes, Native Hawaiian organizations, and private organizations and individuals, to … (3) administer federally owned, administered, or controlled historic property in a spirit of stewardship for the inspiration and benefit of present and future generations…”
National Environment Policy Act (1969): In addition to its procedural requirements, NEPA includes a Congressional declaration of National Environmental Policy to: “…create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of Americans.”17See: 42 U.S.C. 4331(a). NEPA also includes a substantive requirement to preserve historic sites: “it is the continuing responsibility of the Federal Government to use all practicable means … [to] preserve important historic, cultural and natural aspects of our national heritage.18See: 42 U.S.C. 4331(b)(4). NEPA’s substantive direction to preserve historic sites was further clarified by Executive Order 11593.19Monument RMP, p. 41.
Protection and enhancement of the cultural environment Executive Order 11593 (1971). Executive Order 11593 establishes a federal policy that “[t]he Federal Government shall provide leadership in preserving, restoring and maintaining the historic and cultural environment of the Nation. Agencies of the executive branch of the Government (hereinafter referred to as “Federal agencies”) shall (1) administer the cultural properties under their control in a spirit of stewardship and trusteeship for future generations, (2) initiate measures necessary to direct their policies, plans and programs in such a way that federally owned sites, structures, and objects of historical, architectural or archaeological significance are preserved, restored, and maintained for the inspiration and benefit of the people…”20https://www.archives.gov/federal-register/codification/executive-order/11593.html
Preserve America Executive Order 13287 (2003). The Preserve America Executive Order states that it is federal policy to “provide leadership in preserving America’s heritage by actively advancing the protection, enhancement, and contemporary use of the historic properties owned by the Federal Government … and fostering a broader appreciation for the development of the United States and its underlying values … executive branch departments and agencies (‘‘agency’’ or ‘‘agencies’’) shall advance this policy through the protection and continued use of the historic properties owned by the Federal Government.”21 https://www.achp.gov/digital-library-section-106-landing/preserve-america-executive-order-13287. Section 1 Statement of Policy. “It is the policy of the Federal Government to provide leadership in preserving America’s heritage by actively advancing the protection, enhancement, and contemporary use of the historic properties owned by the Federal Government, and by promoting intergovernmental cooperation and partnerships for the preservation and use of historic properties. The Federal Government shall recognize and manage the historic properties in its ownership as assets that can support department and agency missions while contributing to the vitality and economic well-being of the Nation’s communities and fostering a broader appreciation for the development of the United States and its underlying values. Where consistent with executive branch department and agency missions, governing law, applicable preservation standards, and where appropriate, executive branch departments and agencies (‘‘agency’’ or ‘‘agencies’’) shall advance this policy through the protection and continued use of the historic properties owned by the Federal Government, and by pursuing partnerships with State and local governments, Indian tribes, and the private sector to promote the preservation of the unique cultural heritage of communities and of the Nation and to realize the economic benefit that these properties can provide”
Environmental Justice EO 12898 (1994) – Achieving environmental justice. The Environmental Justice Executive Order states that “each Federal agency shall make achieving environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations ….”22 Environmental Justice EO 12898: “Section 1–1. Implementation. 1–101. Agency Responsibilities.”
Anti-discrimination provisions. In addition to the affirmative mandate to promote environmental justice, the Environmental Justice EO directs federal agencies to manage their programs so that they do not have the effect of “…subjecting persons (including populations) to discrimination under, such programs, policies, and activities, because of their race, color, or national origin.”23Environmental Justice EO 12898: “Sec. 2–2. Federal Agency Responsibilities for Federal Programs. Each Federal agency shall conduct its programs, policies, and activities that substantially affect human health or the environment, in a manner that ensures that such programs, policies, and activities do not have the effect of excluding persons (including populations) from participation in, denying persons (including populations) the benefits of, or subjecting persons (including populations) to discrimination under, such programs, policies, and activities, because of their race, color, or national origin.”
Advancing Racial Justice Executive Order (E.O. 13895). On January 20, 2021, President Biden signed a “Day One” Executive Order entitled “Advancing Racial Equity and Support for Underserved Communities through the Federal Government.” The EO states that “[a]ffirmatively advancing equity, civil rights, racial justice, and equal opportunity is the responsibility of the whole of our Government.”24See: Whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order-advancing-racial-equity- and-support-for-underserved-communities-through-the-federal-government/ The EO states that underserved communities who have been denied “fair, just, and impartial treatment” includes “Black, Latino, and Indigenous and Native American persons, Asian Americans and Pacific Islanders and other persons of color.”25See: Section 2 “Definitions”, EO 13895.
To implement the Advancing Racial Justice EO 13895, Secretary Haaland highlighted President Biden’s Fiscal Year 2022 budget request to Congress which included funding increases for National Parks, including Minidoka NHS and other incarceration sites, that tell the stories of underrepresented communities.26See: Statement by Secretary Haaland on the President’s FY 22 Discretionary Funding Request. https://www.doi.gov/news/statement-secretary-haaland-presidents-fy22-discretionary-funding-request,” dated 4/9/2021. See also: See: NPS FY 22 “Greenbook” Budget Justification, p. Overview 12 The President’s FY 2023 Budget request proposed “$48 million across the National Park Service to advance racial justice and equity for underserved communities, including $14.3 million for operational increases at parks that preserve the stories of under-represented communities,” including Minidoka NHS.27 https://www.doi.gov/pressreleases/president-bidens-fiscal-year-2023-budget-makes-181-billion-investment- interior
Executive Order on Tackling the Climate Crisis at Home and Abroad– Environmental Justice. While the Climate Crisis EO establishes nationwide goals for renewable energy, it also requires that the response to climate change deliver environmental justice and not at the expense of the environmental justice communities.28https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling-the- climate-crisis-at-home-and-abroad/ . Part II – Taking a Government-Wide Approach to the Climate Crisis, Sec. 201 states that “[i]t is the policy of my Administration to organize and deploy the full capacity of its agencies to combat the climate crisis to implement a Government-wide approach that reduces climate pollution in every sector of the economy; increases resilience to the impacts of climate change; protects public health; conserves our lands, waters, and biodiversity; delivers environmental justice; and spurs well-paying union jobs and economic growth, especially through innovation, commercialization, and deployment of clean energy technologies and infrastructure
Executive Order on Advancing Equity, Justice and Opportunity for Asian Americans, Native Hawaiians, and Pacific Islands.29https://www.whitehouse.gov/briefing-room/presidential-actions/2021/05/28/executive-order-on-advancing- equity-justice-and-opportunity-for-asian-americans-native-hawaiians-and-pacific-islanders/ On May 28, 2021, President Biden signed Executive Order 14031 to establish the White House Initiative on Asian Americans, Native Hawaiians, and Pacific Islanders (WHIAANHPI)30 E.O. 14031, Section 3 The EO directed the Initiative to “advance equity, justice, and opportunity for AA and NHPI communities by coordinating Federal interagency policymaking and program development efforts to eliminate barriers to equity, justice, and opportunity faced by AA and NHPI communities, including by advancing policies, programs, and initiatives.”31E.O. 14031, Section 3(b) Approval of our recommended comments would further the E.O.’s direction to: “promote inclusion and belonging for AA and NHPI communities, including by expanding public education and knowledge of AA and NHPI people and their diverse cultures, languages, and histories.”32E.O. 14031, Section 3(b)(iii)
In January 2023, the White House Initiative on Asian Americans, Native Hawaiians, and Pacific Islanders released “collected action plans from 32 federal agencies, which collectively represent the Biden-Harris Administration’s national strategy to advance equity, justice, and opportunity for Asian American, Native Hawaiian, and Pacific Islander communities.33 https://www.whitehouse.gov/briefing-room/statements-releases/2023/01/17/fact-sheet-biden-harris- administration-continues-to-uplift-asian-american-native-hawaiian-and-pacific-islander-communities/ A NATIONAL STRATEGY TO ADVANCE EQUITY, JUSTICE, AND OPPORTUNITY FOR ASIAN AMERICAN, NATIVE HAWAIIAN, AND PACIFIC ISLANDER COMMUNITIES, dated January 2023, “On May 28, 2021, President Joe Biden signed Executive Order 14031, establishing the White House Initiative on Asian Americans, Native Hawaiians, and Pacific Islanders. In its first year, the Initiative collected action plans from 32 federal agencies, which collectively represent the Biden-Harris Administration’s national strategy to advance equity, justice, and opportunity for Asian American, Native Hawaiian, and Pacific Islander communities.” https://www.whitehouse.gov/wp-content/uploads/2023/01/AA-and-NHPI-Strategy-2023.pdf The January 2023 Report to the President highlights WHIAANHPI’s goals including: “… promote inclusion and belonging for AA and NHPI communities, including by expanding public education and knowledge of AA and NHPI people and their diverse cultures, languages, and histories.”34“Policy Goals and Strategic Priorities,” WHIAANHPI Report to President on a National Strategy to Advance Equity, Justice and Opportunity for Asian American, Native Hawaiian, and Pacific Islander Communities, dated January 2023, p. 16
In January 2023, the U.S. Department of the Interior issued a fact sheet which stated: “[p]er Executive Order 14031, DOI has identified five high-priority goals that will span the next two years. These goals will advance equity, justice, and opportunity for AA and NHPI communities … GOAL 4 Promote equity and inclusion by ensuring the history of AA and NHPIs is part of America’s storytelling.”35 U.S. Department of the Interior, Agency Plan, dated January 2023 https://assets.performance.gov/communities/equity/2023/action- plans/WHIAANHPI/EO_14031_DOI_AANHPI_Plan_2022.pdf
Presidential Proclamation “Day of Remembrance of Japanese American Incarceration During World War II, February 18, 2022” To commemorate the signing of EO 9066, President Joe Biden noted that: “the National Park Service helps preserve several Japanese American incarceration camps. These tangible reminders of our history provide important spaces for reflection and learning about the injustices born of prejudice. Preserving incarceration sites as national parks and historic landmarks is proof of our Nation’s commitment to facing the wrongs of our past, to healing the pain still felt by survivors and their descendants, and to ensuring that we always remember why it matters that we never stop fighting for equality and justice for all. My Administration is committed to maintaining these national parks and landmarks for future generations and to combating xenophobia, hate, and intolerance — including through the reestablished White House Initiative on Asian Americans, Native Hawaiians, and Pacific Islanders. In the words of Dr. Frank Kitamoto, who was incarcerated as a child, ‘This is not just a Japanese American story but an American story with implications for the world.’”36https://www.whitehouse.gov/briefing-room/presidential-actions/2022/02/18/day-of-remembrance-of- japanese-american-incarceration-during-world-war-ii/#content
We hope these authorities will help you consider our comments. Thank you for considering our views.
Sincerely,
Japanese American Citizens League (JACL)
Japanese American National Museum (JANM)
Japanese American Museum of Oregon (JAMO)
Bainbridge Island Japanese American Exclusion Memorial Association
Coalition to Protect America’s National Parks
Densho
Fred T. Korematsu Institute
Friends of Minidoka
Heart Mountain Wyoming Foundation
Manzanar Committee
Minidoka Pilgrimage Planning Committee
National Japanese American Memorial Foundation (NJAMF)
National Parks Conservation Association
Nisei Veterans Committee (NVC)
Tadaima 2023
Topaz Museum Board
Tule Lake Committee
Tunupa Cattle
JACL Chapters
Alaska Chapter of the Japanese American Citizens League
Berkeley JACL
Boise Valley Japanese American Citizens League
Cincinnati Chapter JACL
Dayton Chapter Japanese American Citizens League
Idaho Falls Japanese American Citizens League
JACL Detroit Chapter
Japanese American Citizens League – SELANOCO Chapter, California
Japanese American Citizens League DC Chapter
Japanese American Citizens League Philadelphia Chapter
Japanese American Citizens League-Southeast Chapter
Japanese American Citizens League, Arizona Chapter
Japanese American Citizens League, Florin-Sacramento Valley Chapter
Japanese American Citizens League, Twin Cities Chapter
Japanese American Confinement Sites Consortium
Puyallup Valley JACL
Seabrook Chapter JACL
Seattle Japanese American Citizens League (JACL)
South Bay Japanese American Citizens League
Tulare County JACL Chapter
cc: Karen Kelleher, BLM State Director
Mike Courtney, BLM Twin Falls District Manager