United States Department of the Interior
 
BUREAU OF LAND MANAGEMENT New Mexico State Office
301 Dinosaur Trail
Santa Fe, New Mexico 87508 https://www.blm.gov/new-mexico
 
November 27, 2023
 
In Reply Refer To: NMNM114438/AZA35058 2800 (LLNM910000)
 
Natalie McCue
SunZia Transmission, LLC 1088 Sansome St.
San Francisco, CA 94111
 
Second Amended Limited Notice to Proceed to Right-of-Way Grant NM-114438
 
On January 23, 2015, the BLM approved the above-referenced Title V right-of-way (ROW) grant for that portion of SunZia Transmission Project traversing federal land. On May 16, 2023, the BLM amended SunZia’s ROW grant to reflect certain changes to the existing grant. On September 27, 2023, BLM issued a Limited Notice to Proceed on State and Private Lands in the San Pedro Valley (“SPV LNTP”), which covers an approximately 50-mile segment of the Project in Arizona located entirely on non-federal land. The SPV LNTP authorized SunZia to begin civil work, including clearing pad sites and grading roads that would allow for necessary plant salvage work. Certain areas were excluded from the LNTP due to continued efforts to complete treatment reports for sites identified in the final Arizona Historic Properties Treatment Plan (Treatment Plan) consistent with the Programmatic Agreement (PA).
 
On November 8, 2023, the BLM amended the Limited Notice to Proceed on State and Private Lands in the San Pedro Valley (“SPV Amended LNTP”). That amendment ordered an immediate temporary suspension of all activities within San Pedro Valley. The purpose was to maintain the status quo of the area to allow the BLM an opportunity to gather information and consult with the Tohono O’odham Nation (Nation), San Carlos Apache Tribe (Tribe), Pueblo of Zuni (collectively Tribes), Archaeology Southwest (ASW), and other consulting parties about next steps to resolve objections raised by these parties.
 
Since the issuance of the SPV Amended LNTP, the BLM has met with representatives for the Tribes and ASW and the Advisory Council on Historic Preservation (ACHP). These meetings clarified the positions of the objecting parties and now inform the BLM’s intended approach to address the issues raised via the objections. The BLM believes it is appropriate to continue the process of evaluating San Pedro Valley as a potential traditional cultural property (TCP) through consultation; however, the BLM has determined that the timing of the information provided by the Tribes relative to the many years the consulting parties worked towards completing the steps of the PA process and a treatment plan does not support pausing portions of the Project until the BLM evaluates and considers an amendment or addendum to the treatment plan to cover San Pedro Valley. The BLM also was not persuaded by the objecting parties’ focus on using any evaluation of San Pedro Valley under the PA to reconsider the BLM’s decision approving the right-of-way in 2015, as this is outside of the PA process.
 
Through this second amendment to the SPV LNTP, the BLM hereby lifts the immediate temporary suspension of all activities within San Pedro Valley. SunZia, LLC is authorized to continue activities consistent with the SPV LNTP and whatever limitations were associated with that notice. SunZia, LLC, however, is on notice that additional forms of resolving any identified adverse effects through mitigation of construction within the San Pedro Valley may be necessary pending the consultation process.
 
If you have any questions or require any additional information, please contact me at (505) 954- 2222 or mgbarnes@blm.gov.
 
Sincerely,
 
Melanie Barnes State Director