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March 2000 Record of Decision Paae 22 J. Secretary of Agriculture Memorandum, 1827: The decision is in conformance for prime farmland, rangeland and forestland. K. Clean Water Act: The Clean Water Act (CWA) requires each State to implement its own water quality standards. The Beneficial Uses of water in the Elk Creek Lease Tract would be maintained during and following the project through the performance standards, analogous to soil and water conservation practices, as required by SMCRA. Amine permit issued for this lease tract will comply with the State standards for water quality preservation and monitoring. L. Executive Order 119900 of May, 1977: This Order requires the Forest Service to take action to minimize destruction, loss, or degradation of wetlands and to preserve and enhance the natural and beneficial values of wetlands. In compliance with this Order, Forest Service direction requires that an analysis be completed to determine whether adverse impacts would result (see Final EIS, Section 3.8). The decision to protect perennial streams and hence the associated wetland riparian habitats supports this Order. The project through the performance standards, analogous to soil and water conservation practices, required by SMCRA will assure compliance with this Executive Order. M. Executive Order 11988 of May, 1977: This Order requires the Forest Service to provide leadership and to take action to (1) minimize adverse impacts associated with occupancy and modification of floodplains and reduce risks of flood loss, (2) minimize impacts of floods on human safety, health, and welfare, and (3) restore and preserve the natural and beneficial values served by floodplains. In compliance with this Order, Forest Service direction requires that an analysis be completed to determine the significance of potential impacts to floodplains. No special floodplains were identified in the lease tract (Final EIS, Appendix D, Criterion 16). N. Civil Rights: Based on comments received during scoping and the comment period for the Draft EIS, no conflicts have been identified with other Federal, State, or local agencies, tribal governments, minorities, women, or civil rights of any United States Citizen that would result from my decisions. O. Executive Order 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low-income Populations.": Based on comments received during scoping and the comment period for the Draft EIS, no adverse environmental or human health effects on minority or low income populations have been identified that would result from this decision (Final EIS, Section 1.11). P. Clean Air Act. The Clean Air Act of 1977 calls in part for preservation and protection of air quality in Class I air sheds. The coal is of high quality (referred to as "compliance coal") and its use in industry helps achieve national objectives of the Act. Affects to regional air quality as a result of this decision are estimated to be of little consequence. O. Forest Service Interim Road Policy. A portion of the Elk Creek Coal Lease Tract is roadless and was part of the RARE II inventory (see Section 3.13.2.10 of the Final EIS). To ensure that no part of this leasing decision precludes management options under review with the current Roads Moratorium, or the President's Roadless Initiative, construction of temporary access roads will not be allowed on this portion of the lease. If the roadless policies and management direction from the Roadless Initiative EIS/ROD and final rule would accommodate temporary road building, this aspect of my decision may be revisited at the request of the lessee in asite-specific proposal. At that time, we would assess the need for additional environmental analysis and public involvement. Foresf Service -Elk Creek Coal Lease Tract