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March 2000 Record of Decision Page 19 <br />VII. FINDINGS REQUIRED BY OTHER LAWS <br />Numerous laws require that decisions be consistent with their provisions. The Final EIS and <br />ROD complies or is consistent with all applicable laws including but not limited to those listed <br />below. In addition, a number of federal, state, and local permits and approvals would be <br />required for actual mining of the coal in the Iron Point and Elk Creek Coal Lease tracts. See <br />Appendix B, Agency Jurisdictions (Permits and Approvals), in the Final EIS. <br />A. Federal Land Policy and Management Act of 1976: This Act provides BLM with a <br />statutory framework for land use planning on public lands and requires BLM to use principles of <br />multiple use and sustained yield, give priority to the protection of areas of critical environmental <br />concern, consider present as well as future uses of public lands, and coordinate planning <br />activities with federal, state and local agencies. The Act establishes public land policy and <br />provides for management, protection, development and enhancement of the public lands. The <br />decision is consistent with this Act. <br />B. National Environmental Policy Act of 1969 (NEPA): The analysis in support of my <br />decisions was performed under the authorization and regulations set forth in NEPA. Due NEPA <br />process was followed including public scoping (Final EIS, Section 1.7 and Section IV of this <br />ROD), identification of issues (Final EIS, Section 1.8 and Section V of this ROD), development <br />of alternatives (Final EIS, Section 2.0 and section VI of this ROD), disclosure of environmental <br />consequences (Final EIS, Chapter 3), and public comment (Final EIS, Volume 2, Appendix O <br />and Section IV of this ROD). The entirety of documentation for this project supports <br />compliance with this Act. <br />C. Mineral Leasing Act of 1920, as Amended by Federal Coal Leasing Amendments Act <br />of 1975: The proposed leasing actions of the proposed action were processed and analyzed in <br />accordance with the Mineral Leasing Act 1920, as amended by the Federal Coal Leasing <br />Amendments Act of 1975 and other laws. The Mineral Leasing Act authorizes BLM to process, <br />issue, and administer coal leases in accordance with other appropriate laws, regulations and <br />authorities. It requires consent of the surface management agency for leasing and provides for <br />the surface management agency to require such conditions as it may prescribe with respect to <br />the use and protection of the non-mineral interests in those lands. The decision is consistent <br />with these authorities. <br />D. Surface Mining Control and Reclamation Act of 1977 (SMCRA): This evaluation was <br />completed understanding that the regulations contained in SMCRA and the subsequent Federal <br />Regulations, and the approved Colorado Surface Coal Mining Reclamation Act will be <br />implemented at the permitting phase (Final EIS, Section 1.5). These acts authorize Colorado <br />Division of Minerals and Geology to administer/enforce approved coal mining operations on <br />Federal lands with prior consenUconcurrence of the surface management agency and <br />conditions prescribed by the surface management agency for the protection of non-mineral <br />interests. Portions of the Elk Creek Coal Lease Tract lie on National Forest System lands, BLM <br />lands and private lands with federal coal reserves. The decision is consistent with these <br />authorities. <br />E. Unsuitability Criteria for Coal Development: Federal regulations in 43 CFR 3461 state <br />that 20 "unsuitability criteria" must be used to determine the suitability of lands for coal leasing. <br />The unsuitability criteria were applied to the unleased lands in the Elk Creek Coal Lease Tract, <br />and documentation is contained in the Final EIS, Appendix D. The findings were that the tract <br />Creek Coal Lease Tract <br />