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<br />rj Mr. Gerald Magnuson <br />~~~°~~ April 15, 1981 <br />'~ ix <br />r:' Page 7. <br />A determination for completeness will be made <br />by the BLM. The Bureau will make this impact <br />mitigation study available to the State and <br />local governments." <br />OBJECTION: There is no authority in either the Federal Land <br />Policy and 1anagement Act of 1976 (FLPMA) or SACRA for the BL`3 <br />to require a prospective lessee to conduct a detailed socio- <br />economic and transportation impact mitigation study. <br />Consequently, this subsection should be deleted in its <br />entirety. The BLbf should not impose upon a prospective lessee <br />contractual obligations to perform studies which the law and <br />the regulations do not authorize the BLM to require. In <br />addition, in the specific case of Coal Lease C-29220, the size <br />of the lease tract and its proximity to the ongoing operations <br />of Energy Fuels argue against imposition of this requirement, <br />even assuming that the BLM has the discretion to require such <br />a study. In the case of Coal Lease C-29220, requiring a <br />detailed socio-economic and transportation impact mitigation <br />study is not only unauthorized by the law, but also is <br />economically unjustified. Imposition of this type of <br />requirement upon a prospective lessee will serve no useful <br />purpose and will simply increase the costs of producing coal <br />from the lease tract. <br />"(f) CULTURAL RESOURCES - ... (2) The cost of <br />conducting the inventory, preparing reports, and <br />carrying out mitigation measures ,shall be borne by <br />the lessee." <br />OBJECTION: Under the Antiquities Act of 1906, the National <br />Historic Preservation Act, the Archeological Resources <br />Protection Act, and Executive Order No. 11593, there is no <br />authority granted to the BLtd to require a prospective lessee <br />to bear the cost of conducting archeological inventories, <br />preparing archeological reports, or carrying out mitigation <br />measures. Consequently, the contractual obligation to do so <br />should be deleted. Again the BLM should not impose upon a <br />prospective lessee contractual obligations which the law does <br />not authorize. <br />"(g) PALEONTOLOGICAL RESOURCES - (1) Before <br />undertaking any activities that may disturb the <br />surface of the leased lands, the lessee shall <br />contact the Bureau of Land Management to determine <br />whether the authorized officer will require the <br />lessee to conduct a paleontological appraisal of the <br />mine plan and adjacent areas, or exploration plan <br />