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underground development and production of federal coal reserves, consistent with applicable <br />laws and regulations, including terms and conditions for protecting non-coal resources. The <br />lands for which consent to lease is being given are shown on the map attached as Exhibit 1. <br />My consent decision includes conditions for the protection of non-coal resources as listed in the <br />Coal Lease Stipulations in Appendix A of this document. These stipulations will be included on <br />the federal coal lease, along with the Notice for Lands under the Jurisdiction of the U.S. <br />Department of Agriculture, and the BLM Standard Lease Terms. The approved Coal Lease <br />Stipulations are derived from restrictions developed from the Coal Unsuitability Analysis Report <br />(EIS, Appendix A) the environmental consequences analysis in the EIS (Chapter 3), and <br />recommendations from the U.S Fish and Wildlife Service (USFWS) in their Biological Opinion <br />(see Section D). The Stipulations are consistent with those attached to other coal leases in the <br />area, and also contain some stipulations for protecting site-specific resources based on the <br />outcome of the environmental analysis. It must also be noted that this consent decision by the <br />USDA-FS to the USDI-BLM to lease these lands, is not the final decision. The USDI- BLM will <br />make the actual decision on whether or not to offer these lands for lease. <br />To that end, my decision will be implemented through issuance of this Record of Decision <br />(ROD), and through the federal coal leasing and permitting process described in Section 1.3 of <br />the EIS. In brief, if BLM decides to offer the tract for lease, then the Dry Fork LBA tract will be <br />offered at a competitive lease sale. The successful bidder (if any) at the lease sale will then be <br />required to incorporate the lands in the lease into a coal mining permit approved by the Colorado <br />Division of Minerals and Geology with oversight from the OSM. The Forest Service has a <br />consent and concurrence role during the mine permitting process. Because the Dry Fork LBA <br />contains federal lands and minerals, the mine permitting action may ultimately require approval <br />from the Undersecretary of Interior for Lands and Minerals. The lessee will also be required to <br />secure any additional Local, State or Federal permits as applicable and required by law (EIS, <br />Appendix D). <br />In the event of any contradiction or conflict between descriptions or depictions of authorized <br />actions, my decision is to be taken from the project documents in the following order of <br />precedence: first the description in this ROD, second the representations on the Decision Map <br />and legal descriptions (Exhibit 1), third the representation in Appendix A of this ROD, and <br />finally descriptions in the EIS. <br />When compared to the other alternatives, the selected alternative will allow for the most <br />recovery of federal coal reserves, and will help meet the nations need for energy resources and <br />availability of Clean Air Act compliant coal resources. The selected alternative best meets the <br />purpose and need to lease additional federal coal reserves for economic production. This <br />alternative fulfills the Federal government's ongoing policy for mineral resource management to <br />"foster and encourage private enterprise in the development of economically sound and stable <br />domestic mining minerals and mineral reclamation industries, ... (and) the orderly and economic <br />development of domestic mineral resources..." The selection of this altemative also satisfies the <br />Forest Service minerals program objective to ensure that production of energy resources are <br />conducted in environmentally sensitive ways. This altemative with inclusion of Coal Lease <br />Stipulations to protect the non-coal resources allows for economic development of domestic <br />mineral resources while safeguarding the surface resources. To the best of my knowledge, all <br />2 <br />