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Bureau of Land Management Decision Record <br /> San Luis Valley Field Office DOI-BLM-CO-F030-2024-0005-EA <br /> 5. AUTHORITIES <br /> Mineral materials disposals are conducted under the authority of the Act of July 31, 1947, as <br /> amended(30 U.S.C. 601 et seq.), commonly referred to as the Materials Act. Section 302 of the <br /> Federal Land Policy and Management Act of 1976 (FLPMA) (43 U.S.C. 1732)provides the <br /> general authority for the BLM to manage the use, occupancy, and development of the public <br /> lands under the principles of multiple use and sustained yield in accordance with the land use <br /> plans that the BLM develops under FLPMA. Section 304 of FLPMA(43 U.S.C. 1734) and the <br /> Independent Offices Appropriation Act of 1952 (31 U.S.C. 9701) authorize the U.S. Government <br /> to collect fees and to require reimbursement of its costs. <br /> 6. ALTERNATIVES CONSIDERED (EAs) <br /> The No Action Alternative was carried forward, as no issues driving another alternative were <br /> identified. Under the No Action Alternative,the BLM would not authorize the mining and <br /> reclamation plan as currently proposed by the Proponent. With this alternative,the BLM would <br /> not authorize the mining activities which would also result in the loss of reclamation at the <br /> previously disturbed site and continued head cut erosion on BLM surface estate to the west. <br /> 7. RATIONALE FOR DECISION <br /> The Proposed Action is selected because it fulfills the BLM's policy to"make mineral materials <br /> available unless it is detrimental to the public interest to do so"(43 CFR 3601.6(a)). Mining of <br /> mineral materials is a part of the BLM's directive to manage the use, occupancy, and <br /> development of the public lands under the principles of multiple use and sustained yield under <br /> FLPMA. The Proposed Action will be monitored for conformity with regulations at 43 CFR <br /> 3600 and is recognized as an appropriate land use in the 1991 San Luis Resource Area RMP. <br /> 8. RIGHT OF PROTEST AND/OR APPEAL <br /> This decision may be appealed to the Interior Board of Land Appeals, Office of the Secretary, in <br /> accordance with the regulations contained in 43 CFR, Part 4, and the enclosed Form 1842-1. If <br /> an appeal is taken,your notice of appeal must be filed in the office of the Authorized Officer at <br /> the San Luis Valley Field Office, 1313 US HWY 160 E, Monte Vista, CO 81144 with copies <br /> sent to the Regional Solicitor, Rocky Mountain Region, 755 Parfet St., Suite 151 Lakewood, CO <br /> 80215 and to the Department of Interior Board of Land Appeals, 801 North Quincey St.,MS300 <br /> QC,Arlington, VA, 22203. If a statement of reasons for the appeal is not included with the <br /> notice, it must be filed with the Interior Board of Land Appeals at the above address within 30 <br /> days after the notice of appeal is filed with the Authorized Officer. <br /> 9. APPROVAL <br /> 4 <br />