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National King Coal, LLC's mining plan modification does not require any additional <br />` Special Conditions to comply with other Federal laws. <br />IV. Review Process <br />OSM reviewed the PAP under the Federal Indian lands program (30 CFR Chapter VII, <br />Subchapter E), and 30 CFR §§ 783 and 784. Pursuant to the Federal regulations OSM <br />approved the permit application on February 20, 2007. <br />OSM has consulted with other Federal agencies for compliance with the requirements of <br />applicable Federal laws. Their comments and/or concurrences are included in this <br />decision document. <br />The Bureau of Land Management (BLM) reviewed the Resource Recovery and Protection <br />Plan for compliance with the Mineral Leasing Act of 1920, as amended and 43 CFR Part <br />3480. BLM recommended approval of the mining plan in a memorandum dated October <br />2, 2006. <br />OSM informally consulted with the U. S. Fish and Wildlife Service (USF&WS) <br />regarding section 7 of the Endangered Species Act (ESA). In a Biological Assessment <br />dated August 11, 2006, OSM determined there would be "no effect" on any Federally <br />listed threatened, endangered or candidate species as a result of the proposed action. <br />Consequently, no further consultation, or the development of species-specific protective <br />measures is necessary. <br />In a letter dated November 16, 2006, the State Historic Preservation Officer concurred <br />with OSM's determination that no historic properties will be affected by the proposed <br />King II Federal Indian lands permit. <br />I have determined that this mining plan modification does not include any lands within an <br />area designated as unsuitable for all or certain types of surface coal mining operations <br />under section 522(b) of SMCRA. The permit findings prepared by the regulatory <br />authority demonstrate that reclamation as required by the Act and regulatory program is <br />technologically and economically feasible. <br />The mining plan modification area is not on any Federal lands within the boundaries of <br />any national forest. <br />I have determined that approval of this mining plan modification will not have a <br />significant impact on the quality of the human environment. The environmental analysis <br />prepared by the Bureau of Land Management, with OSM as a cooperating agency, <br />entitled, Environmental Assessment, EA Number CO-SJFO-00-102EA, National King <br />Coal, LLC, Coal Lease Application, East Alk-ali Tract, COC -62920, and noted in the <br />