43 C.F.R. § 3430.5-3   Determination to lease.


Title 43 - Public Lands: Interior


Title 43: Public Lands: Interior
PART 3430—NONCOMPETITIVE LEASES
Subpart 3430—Preference Right Leases

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§ 3430.5-3   Determination to lease.

A preference right lease shall be issued if, upon review of the application, any available land use plan and the environmental assessment or environmental impact statement, the authorized officer determines that:

(a) Coal has been discovered in commercial quantities on the lands applied for;

(b) The applicant has used reasonable economic assumptions and data to support the showing that coal has been found on the proposed lease in commercial quantities; and

(c) The conditions or protective lease stipulations assure that environmental damage can be avoided or acceptably mitigated.

[47 FR 33143, July 30, 1982]

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