2018-02-01_REVISION - C1980007 (3)

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Solid Waste Disposal Act, 42 USC 3251-3259; The Refuse Act of 1899, 33 USC 407; Executive Order 11988 (May 24, 1977) for floodplain protection, 42 USC 4321; The Endangered Species Act of 1973, 16 USC 1531 et seq.; The Bald Eagle Protection Act of 1940, 16 USC 668-668d; The Migratory Bird Treaty Act, 16 USC 701-718h; The Fish and Wildlife Coordination Act of 1934, 16 USC 661-667; Wild Free -Roaming Horses and Burros Act; Marine Protection Research and Sanctions Act of 1972; Executive Order 11990 (May 24, 1977) for wetland protection, 42 USC 4321; The National Historic Preservation Act of 1966, 16 USC 470 et seq.; Executive Order 11593 (May 13, 197 1) for cultural resource surveys on Federal lands, 16 USC 470; Archaeological and Historic Preservation Act of 1974, 16 USC 469a; Archaeological Resources Protection Act of 1979, 16 USC 470aa; The Reservoir Salvage Act of 1960, as amended by the Preservation of Historical and Archaeological Data Act of 1974, 16 USC 469 et seq.; The Stock Raising Homestead Act of 1916, 43 USC 291 et seq.; American Indian Religious Freedom Act of 1978; The Federal Coal Mine Health and Safety Act of 1969; and The Federal Metal and Nonmetal Mine Safety Act, 30 USC 721- 740. (2) Any change which would adversely affect the level of protection afforded any land, facility or place designated unsuitable for mining. TR -144 will have no effect on the level of protection afforded any land, facility or place designated unsuitable for mining. (3) Any change in the location or amount of coal to be mined, except where such change is the result of: (i) A minor change in the amount of coal actually available for mining from the amount estimated; or (ii) An incidental boundary change. TR -144 is exploratory and will only develop 20 acres within federal coal leases COC -1362 and COC -67232. Since the combined acres of federal coal leases COC -1362 and COC -67232 is 1722 acres, any coal that may be removed from the 20 acres is considered minor. Also, no active mining will occur with approval of TR -144. (4) Any change which would extend coal mining and reclamation operations onto leased Federal coal lands for the first time. TR -144 will not extend coal mining and reclamation operations onto leased Federal coal lands for the first time. (5) Any change which requires the preparation of an environmental impact statement under the National Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq. TR -144 does not meet the requirements for an environmental impact statement under the National Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq. (6) Any change in the mining operations and reclamation plan that would result in a change in the postmining land use where the surface is federally -owned.