43 C.F.R. § 3461.1

Underground mining exemption from criteria

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(a) Federal lands with coal deposits that would be mined by underground mining methods shall not be assessed as unsuitable where there would be no surface coal mining operations, as defined in § 3400.0-5 of this title, on any lease, if issued.

(b) Where underground mining will include surface operations and surface impacts on Federal lands to which a criterion applies, the lands shall be assessed as unsuitable unless the surface management agency finds that a relevant exception or exemption applies.

[44 FR 42638, July 19, 1979, as amended at 47 FR 33149, July 30, 1982. Redesignated at 52 FR 46473, Dec. 8, 1987]

Notes of Decisions

Cited in 1 case, 1985–1985 · leading case: Nat'l Wildlife Fed'n v. Burford, 677 F. Supp. 1445 (D. Mont. 1985).

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Nat'l Wildlife Fed'n v. Burford, 677 F. Supp. 1445 (D. Mont. 1985). · cites it 2× “Criterion 15, 43 C.F.R. § 3461.1 (o)(1), designates unsuitable “fish and wildlife habitat for resident species of high interest to the state and which are essential for maintaining these priority wildlife.”

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