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Strategies and management plans that aze developed to conserve Special Status Species should
<br />include specific habitat and population management measures, objectives, and strategies that
<br />focus on recovering those Special Status Species located in the project area to stable levels. For
<br />the Special Status Species that occur in the project azea, habitat function must be maintained if
<br />habitat modification is allowed to occur. Tn some cases, the BLM may find that the plant and
<br />animal species and their habitat are so rare, complex and/or fragile that mitigation options azea
<br />not available. In these cases, total exclusion of adverse impacts is all that will ensure
<br />preservation of these irreplaceable habitats. The BLM should develop strict guidelines governing
<br />the actual development of roads, pipelines, surface structures, rail lines, coal waste disposal
<br />areas, power lines, fencing, and any other structures associated with this proposed project. The
<br />BLM should also develop specific guidelines regarding ongoing activities in the project area
<br />including motorized transportation (e.g. trucks, cars, trains, and helicopters), coat extraction, and
<br />upkeep of infrastructure. The BLM should institute an active monitoring system regiment to
<br />ensure that coal exploration and associated activities continue to follow mitigation measures,
<br />stipulations, procedures and regulations after the initial development phase of the project is
<br />complete.
<br />d. BLM must take a "hard look" at the impacts of the proposed action to BLM
<br />Sensitive species
<br />In making land-use decisions, federal agencies have an obligation under NEPA to take a "hard
<br />look" at the environmental consequences of a proposed action, and the requisite analysis "must
<br />be appropriate to the action in question."$ The impacts and effects of a proposed action, such as
<br />coal exploration, that federal agencies are required to assess include: "ecological (such as the
<br />effects on natural resources and on the components, structures, and functioning of affected
<br />ecosystems), aesthetic, historic, cultural, economic, social, or health, whether direct, indirect, or
<br />cumulative."9 Under the Data Quality Act, federal agencies are required to use information that
<br />is of high quality and that is objective, useful, and verifiable by others.10 The BLM must also
<br />use "sound statistical and research" methods.) I The Department of Interior's (DOI) Information
<br />Quality Guidelines require that the agency's "methods for producing quality information will be
<br />made transparent, to the maximum extent practicable" and that "[i]nformation released by the
<br />Department will be developed only from reliable data sources based on accepted practices and
<br />policies, utilizing accepted methods for information collection and verification. It will be
<br />reproducible to the extent possible."iz
<br />Federal agencies cannot evaluate the consequences of proposed decisions or determine how best
<br />to avoid or mitigate negative impacts without adequate data and analysis. NEPA's hard look at
<br />environmental consequences must be based on "accurate scientific information" of "high
<br />s 42 U.S.C. § 432] et seq.; Metcaljv. Daley, 214 F.3d 1135, 1 t51 (9`" Cir. 2000); Robertson v. Methow Palley Citizens Council,
<br />490 U.S. 332, 348 (1989).
<br />940 C.F.R. § 1508.8.
<br />10 Treasury and General Government Appropriations Act for Fisca] Year 2001, Pub.L.No. 106-554, § 515. See also, Office of
<br />Management and Budget "Information Quality Guidelines," available at
<br />httpd/www.whitehouse. eov/omb/inforeJioe oct2002.»df, and individual "Agency Information Quality Guidelines;' available at
<br />httm~/www whitchouse eov/omb/inforee/aeencv info quality links html.
<br />~ ~ Ibid.
<br />~'- 67 Fed Reg. 36642 (May 24, 2002). See also, U.S. Department of the Interior, "Information Quality Guidelines,' available at
<br />htm://www doi.eov/ocio/euidelinesh I SGuides.~f.
<br />Center for Native Ecosystems Page 7 of 24
<br />Scoping Continents for the Proposed Red CliffCoaf Mine
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