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w <br />Decision and the Affirming Decision, and (b) to enjoin <br />Defendants from proceeding unlawfully, i.e., from taking <br />further action until the mandatory procedures of yEPA are <br />followed. <br />VI. SECOND CLAIM FOR RELIEF <br />FLPMA <br />28. FLPMA §504 43 U.S.C. §1764(a) requires the <br />Secretary concerned to specify the boundaries of each right of <br />way. The right of way "shall be limited to the ground which <br />the secretary concerned determines . . . (1) will be occupied <br />by facilities which constitute the project for which the right <br />of way is granted . . . and (4) will do no unnecessary damage <br />to the environment." <br />29. FLPMA 9504 43 U.S.C. §1764(j) provides, "the <br />secretary concerned shall grant issue or renew a right of way <br />under this . . . only when he is satisfied that the applicant <br />has the technological and financial capability to construct <br />the project for which the right of way is requested and in <br />accord with the require: -;ants of this title." <br />30. On information and belief, the CBPU has obtained <br />neither the construction loan necessary for its completion of <br />the Stage II project from the Wyoming State Farm Loan Board <br />nor contractors to construct Stage II. <br />31. Defendant Rupp, by issuing the Decision on <br />December 3, 1981, Defendant Peterson, by his Affirming <br />Decision of July 14, 1932, and Defendant Block, by failing to <br />review, reverse, and remand the Affirming Decision of July 14, <br />1982, have violated, an continue to violate, the requirements <br />of FLP.MA. <br />32. The Defendants have the responsibility to carry out <br />the mandates of FLPMA an the regulations promulgated <br />thereunder, including the prevention -of unnecessary Cla:�.age to <br />the environment in issuing occupancy documents. 43 J.S.C. <br />51701 at seq., 36 C.F.R. 5251. <br />-10- <br />