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consistent with these Acts. <br />National Historic Preservation Act: This decision complies with the provisions of this Act and <br />the American Indian Religious Freedom Act. Native American interests were consulted during <br />this project (EIS, Section 2.2 and Chapter 4). The project record and field reviews support that <br />no cultural or historic sites would be affected by this decision (EIS, section 3.8.4, and project <br />file). When implementing the decision, any previously unidentified sites inadvertently <br />discovered would be avoided or mitigated so there would be no effect upon them (see Appendix <br />A of this ROD). <br />Endangered Species Act: The US Fish and Wildlife Service has been consulted in this <br />environmental analysis process. In accordance with 43 CFR 3461, the FWS was asked to <br />comment on the Coal Unsuitability Analysis (EIS, Appendix A). They did not respond with any <br />specific instruction (project file). <br />A Biological Assessment (BA) has been prepazed for this decision (EIS, Section 3.5, Project <br />File). All known endangered or threatened species were considered in the BA. The BA was <br />submitted to FWS for formal consultation. Lt their Biological Opinion (BO, February 10, 2006), <br />the FWS made conservation recommendations for the Canada lynx. These recommendations <br />include that the applicant 1) establish an education program for it's employees about presence of <br />lynx and safe driving practices, 2) report lynx sightings or lynx cazcass findings to the USFWS <br />within 24 hours, and 3) provide an annual report of all activities which may affect lynx to the <br />USDA-FS and USFWS. <br />As part of this Decision, I am including the USFWS recommendation for an annual repoR as a <br />Coal Lease Stipulation (see Appendix A). Further, I am recommending that the successful <br />bidder from the lease sale incorporate the recommendation for employee education on lynx and <br />report of live lynx or carcass sightings into proposals for post-lease surface use. <br />If additional findings regazding threatened or endangered, proposed or sensitive species aze <br />discovered, a new biological assessment or evaluation will be written, and any mitigation <br />incorporated into the Coal Lease Stipulations. <br />National Environmental Policv Act: The documentation for this project supports compliance <br />with this Act. <br />Executive Order 11990 of Mav 1977: This order requires the Forest Service to take action to <br />minimize destruction, loss or degradation of wetlands, and to preserve and enhance the natural <br />and beneficial values of wetlands. In compliance with this order, Forest Service direction <br />requires that an analysis be completed to determine whether adverse impacts would result (EIS, <br />Section 3.4 and Chapter 8, Response to Letter 5). Stipulations to be included on the coal lease <br />ensure that loss, degradation or destruction of wetlands will be minimized (Appendix A of this <br />document). <br />