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1. Exceptions. A lease m~be issued for lands (i) used as mil access roads or haulage <br />roads that join the right-of-way for a public road, (ii) for which the Office of Surface Mining <br />Reclamation and Enforcement has issued a permit to have public roads relocated, (iii) if, <br />after public notice and opportunity for public hearing in the locality, a written finding is made <br />by the Authorized Officer that the interests of the public and the landowners affected by <br />mining within 100 feet of a public road will be protected, or (iv) for which owners of <br />occupied dwellings have given written permission to mine within 300 feet of their buildings. <br />Analvsis' <br />There are no lands affected by this criterion within the application area. <br />Criterion 4 <br />Federal lands designated as wilderness study areas shall be considered unsuitable while under <br />review by the Administration and Congress for possible wilderness designation. For any federal <br />land which is to be leased or mined prior to completion of the wilderness inventory by the surface <br />management agency, the environmental assessment or impact statement on the lease sale or <br />mine plan shall consider whether the land possesses the characteristics of a wilderness study <br />area. If the finding is affirmative, the land shall be considered unsuitable, unless issuance of <br />noncompetitive coal leases and mining on leases is authorized under the Wilderness Act and the <br />Federal Land Policy and Management Act of 1976. <br />Analvsis <br />No lands within the review area are designated Wilderness Study Areas. <br />Criterion 5 <br /> <br />Scenic federal lands designated by visual resource management analysis as Class I (an area of <br />outstanding scenic quality or high visual sensitivity) but not currently on the National Register of <br />Natural Landmarks shall be considered unsuitable. A lease may be issued if the surface <br />management agency determines that surface coal mining operations will not significantly diminish <br />or adversely affect the scenic quality of the designated area. <br />Analvsis <br />No lands within the review area are designated as visual resource management Class I areas. <br />Criterion 6 <br />Federal lands under permit by the surface management agency, and being used for scientific <br />studies involving food or fiber production, natural resources, or technology demonstrations and <br />experiments shall be considered unsuitable for the duration of the study, demonstration, or <br />experiment except where mining could be conducted in such a way as to enhance or not <br />jeopardize the purposes of the study, as determined by the surface management agency, or <br />where the principal scientific use or agency give written concurrence to all or certain methods of <br />mining. --- <br />3 <br />