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Bureau of Land Management Environmental Assessment <br /> Royal Gorge Field Office DOI-BLM-CO-F020-2020-0036 EA <br /> application. If it were not for the proposed project and agency authority to consider the proposal, <br /> there would be no permit application and no need for NEPA review. This interpretation is <br /> consistent with case law holding that"agencies may not define a project's objectives so narrowly <br /> as to exclude all alternatives"but"where a private parry's proposal triggers a project, the agency <br /> may `give substantial weight to the goals and objectives of that private actor."'Biodiversity <br /> Conservation Alliance v. Bureau of Land Mgmt., 608 F.3d 709, 715 (10th Cir. 2010); Citizens <br /> Against Burlington, Inc. v. Busey, 938 F.2d 190, 255 196 (D.C. Cir. 1991),cert. denied, 502 U.S. <br /> 994 (1991) (" When an agency is asked to sanction a specific plan, see 40 CFR 1508.18(b)(4), <br /> the agency should take into account the needs and goals of the parties involved in the <br /> application...) Perhaps more importantly, an agency should always consider the views of <br /> Congress, expressed, to the extent that the agency can determine them, in the agency's statutory <br /> authorization to act, as well as in other congressional directives"). Accordingly,where the <br /> agency action is in response to an application for permit or other authorization,40 CFR <br /> 1508.1(q)(3)(iv), the agency should consider the applicant's goals based on the agency's <br /> statutory authorization to act, as well as in other congressional directives, in defining the <br /> proposed action's purpose and need. <br /> 1.4. DECISION TO BE MADE <br /> BLM will decide whether to approve the application for a competitive mineral materials sale at <br /> Black Obsidian based on the analysis contained in this Environmental Assessment(EA). This <br /> EA will analyze the proposal to expand mineral reserves and operations from the existing quarry. <br /> BLM may choose to a) accept the project as proposed, b) accept the project with <br /> modifications/mitigation,c) accept an alternative to the proposed action, or d) not authorize the <br /> project at this time. The finding associated with this EA may not constitute the final approval for <br /> the proposed action. <br /> 1.5. PLAN CONFORMANCE REVIEW <br /> PLAN CONFORMANCE REVIEW <br /> The Proposed Action is subject to and has been reviewed for conformance with the following <br /> plan(43 CFR 1610.5,BLM 1617.3): <br /> Name of Plan: Royal Gorge Resource Management Plan <br /> Date Approved: 05/13/1996 <br /> Decision Number/Page: 2-37 <br /> Decision Language: 2-37: Areas will be open to mineral entry and available for mineral <br /> materials development: administered under existing regulations and standard mineral <br /> 6 <br />