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• , J . • -3- 40 GFR 1502.25(a) states: "To the fullest extent possible, agencies shall prepare draft environmental impact statements concurrently with and integrated with environmental impact analyses and related surveys and studies required by the National Historic Preservation Act and other environmental review laws and executive orders." Furthermore, NHPA implementing regulations require NHPA studies to be integrated into the NEPA process (36 CFR 800.9). Agency officials are mandated to consider "The degree to which the action may adversely affect districts, sites, highways, structures, or objects listed in or eligible for listing in the National Register of Historic Places or may cause loss or destruction of significant scientific, cultural, or historical resources." (40 CFR 1508.27(b)(8). These regulations are applicable for any Federal actions and not limited to Federal lands. 3) The Secretary of the Interior and the Interior Board of Land Appeals (IBLA) have established Federal jurisdiction covering reserved minecsls on lands having other than Federal surface control. In The Montana Power Company, 72 I.D. 518 (1965) the Secretary determined that the environment should be protected by requiring the lessee of Federal coal to restore the surface of the leased land to its former condition, even [hough that surface was not federally owned. Although this action was taken prior to passage of the NHPA, it sets the precedence of environmental protection by Federal actions. The IBLA reviewed all pertinent cultural resource laws and regulations for its decision in the General Crude Oil Company case (28 IBLA 214, December 10, 1976), and stated that [hey established beyond a doubt that it is the policy of the United States to protect such cultural resources. Because the Government has the authority to go onto land which it does not control to extract Federal minerals, it also has the duty to protect cultural resources during such an operation. When such authority is passed on to a lessee, the duty for protection of cultural resources can also be passed on by stipulation in the lease. Thus, the Government will continue to comply with Section 106 of the NHPA and other pertinent laws and regulations by the continued protection of cultural resources by the lessee. 4) Executive Order 11593, May 1~, 1971 Section 1(3) states "Federal agencies shall ... in consultation with the Advisory Council on Historic Preservation (16 U.S.C. 470i), institute procedures to assure that Federal plans and programs contribute to the preservation and enhancement of non-federally owned sites, structures, and objects of historical, architectural or ach.aeological significance.