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NO. 7496 P. 12- <br />JUL.23.2008 IM PM USDI 19LA <br />iBLA 2007-187 <br />We conclude that BIM's concerns about unnecessary or undue degradation do <br />not support the necessity for a plan of operations or a plan amendment. However, if, <br />on remand, BLM continues to have concerns about unnecessary or undue <br />degradation, it may, in accordance with 43 C.F.R. § 3809.313(b), require LKA to <br />modify the N0I,16 <br />Accordingly, pursuant to the authority delegated to the Board of Land Appeals <br />by the Secretary of the Interior, 43 C.F.R. § 4.1, BLWs decision is reversed and the <br />case is remanded for action consistent with this opinion. The petition for stay is <br />denied as moot. <br />Bruce R. Harris <br />Deputy Chief Administrative Judge <br />I concur: <br />H. Barry Holt <br />Chief Adminis a Judge <br />16 It is evident from 1JW3 May 20, 2008, report that the parties have had significant <br />discussions regarding BIM's concerns regarding unnecessary and undue degradation. <br />On remand, BLM should articulate any lingering concerns in order to allow LKA to <br />address them. <br />175 IBLA 236