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n ~ Mr. Gerald Magnuson ~~- April 15, 1981 -~~ Page 4 y.i ~:. (i) increasing the quantity and quality of forage available to wildlife. (ii) The acquisition of critical wildlife habitats. (iii) Mechanical manipulation of low quality wildlife habitat to increase its carrying capacity for selected wildlife species. (iv) Recovery, replacement or protection of important wildlife habitat by selected fencing. (3) A timetable giving the periods of time which will be required to accomplish the habitat recovery or replacement plan and showing how this timetable relates to the overall mining plan. (4) An evaluation of the final plan by the Colorado Division of Wildlife. The state shall comment on the methods selected and the techniques to be employed by the lessee and may recommend alternate recovery or replacement methods. If the state has recommended an alternate method, the lessee shall consider the state's recommendation and, if the lessee rejects the state's plan, the lessee shall indicate its reasons as required by provision 2 above. If no state comment is included in the plan, the lessee shall verify its consultation with the state and the plan may be considered without state comment." OBJECTION: The requirement that the prospective lessee submit a detailed habitat recovery and replacement plan to the BLM and DOW for approval is inappropriate as a special stipulation in a federal coal lease. These provisions should be deleted in their entirety. Any requirement that the prospective lessee submit a habitat recovery and replacement plan should be imposed by OSD1 and MLRB as part of the mine plan approval process, after the wildlife values and concerns have been carefully evaluated, based upon current and reliable data. The BLM should not, through lease provisions, usurp the function of OSM and ML_°.B. Nor should the BLM imbue the DOW with disproportionate authority to impose special wildlife mitigation requirements on a prospective lessee, over the authority of the DSLRB, the agency authorized under Colorado law to approve or disapprove mine plans.