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RECORD OF DECISION Environmental Impact Statement for the South Hilight Field Coal Lease Application
WYW174596

March 2011

u.s. DEPARTMENT OF THE INTERIOR 

BUREAU OF LAND MANAGEMENT 


RECORD OF DECISION 

SOUTH HILIGHT FIELD LEASE BY APPLICATION 
 WYW174596 
 CAMPBELL COUNTY, WYOMING 


INTRODUCTION On October 7, 2005, Ark Land Company (ALC), a wholly owned subsidiary of Arch Coal, Inc., filed an application with the BLM for Federal coal reserves in two separate tracts located north and southwest of and immediately adjacent to the Black Thtmder Mine in Campbell County, Wyoming (Appendix 1, Figure 1). The mine is operated by Thunder Basin Coal Company (TBCC), a subsidiary of Arch Western Resources, LLC. The tracts are referred to as the North Hilight Field and South Hilight Field LBA tracts. The application was made pursuant to the Leasing on Application regulations found in the Code of Federal Regulations at 43 CFR Subpart 3425.1. BLM deternlined that the two tracts in the application would be processed separately and, if a decision is made to lease both of these tracts, a separate competitive lease sale would be held for each tract. The South Hilight Field lease by application (LBA) tract was assigned case file number WYW174596. ALC has applied to lease Federal coal reserves in order to extend the life of the Black Thunder Mine. The BLM refers to these types of applications as maintenance tracts. A maintenance tract is a tract of Federal coal that is adjacent to, and can be mined by, an existing active coal mine. As applied for, the South Hilight Field LBA tract includes a total of approximately 1,976.69 acres (Appendix 1, Figure 2). ALC estimates that, as applied for, the tract includes approximately 213.6 million tons of recoverable Federal coal in Campbell County, Wyoming. The South Hilight Field LBA tract was evaluated in the Wright Area Coal Lease Applications Environmental Impact Statement (EIS). The EIS analyzed the proposed leasing of six Federal coal tracts located in the Wright Area of the Wyoming portion of the Powder River Basin. The Proposed Action analyzed in the EIS is to hold one competitive sealed-bid lease sale and issue a lease for the Federal coal lands included in the South Hilight Field LBA tract as applied for by ALC. The Proposed Action assumes that the applicant would be the successful bidder on the tract, and that the tract would be mined as a maintenance lease for the existing mine. According to the applicant, the Black Thunder Mine needs the Federal coal included in the South Hilight Field coal lease area in order to extend the life of the mine. The applicant would recover the Federal coal using the same methodology, machinery, and facilities that are currently being used to recover the coal in the existing Black Thunder Mine coal leases. ALC anticipates that, if they acquire the lease for the South Hilight Field LBA tract as applied for, it would extend the life of the Black Thunder Mine by approximately 1.6 years. The Black Thunder Mine has a permit to conduct mining operations approved by the Wyoming Department of Environmental Quality Land Quality Division (WDEQ/LQD) and a Mineral Leasing Act (MLA) of 1920, as amended, mining plan approved by the Secretary of the Interior

to conduct surface coal mining operations on their existing coal leases. The mine complies with the requirements of the Clean Air Act (CAA) through an air quality permit approved by the Air Quality Division of the Wyoming Department of Environmental Quality (WDEQ/AQD) which currently allows mining of up to 135 million tons of coal per year. BLM administers the Federal Coal Leasing Program under the MLA as amended by the Federal Coal Leasing Amendments Act of 1976. If any proposed lease tract contains surface lands which are under the jurisdiction of any Federal agency other than the Department of Interior (USDI) or are occupied by a qualified surface owner, that agency or individual must consent to the issuance of the lease, and in the case of a Federal agency, may prescribe terms and conditions to be imposed on that lease (43 CFR 3400.3-1 and 3420.4-2). There are no qualified surface owners for the South Hilight Field LBA tract. Thunder Basin Coal Company and Western Railroad Properties, Inc. & Burlington Northern Railroad own the private lands contained within the South Hilight Field LBA tract. The selected configuration for the South Hilight Field tract (Appendix 1, Figure 3) includes 1,625.9 acres of National Forest System lands in the Thunder Basin National Grassland (TBNG) administered by the USDA-Forest Service (FS). As required by 43 CFR 3420.4-2, the FS has provided consent to BLM to lease the FS-administered lands that were included in the South Hilight Field LBA study area. The FS signed their Record of Decision on December 17,2010. Their prescribed terms and conditions for the South Hilight Field coal tract are included in Appendix 2. BACKGROUND

Lease by Application Process
In the Powder River Basin (PRB), maintenance tracts are nominated for leasing by companies operating adjacent existing mines. To process an LBA, the BLM must evaluate the quantity, quality, maximum economic recovery (MER), and fair market value (FMV) of the Federal coal. The BLM must also evaluate the environmental and socioeconomic impacts of leasing and mining the Federal coal in accordance with the requirements of the National Environmental Policy Act of 1969 (NEPA). BLM prepared the Wright Area Coal EIS to evaluate and disclose potential impacts ofleasing the Federal coal in six Wright Area coal tracts, including the South Hilight Field tract. Although leasing the South Hilight Field would not authorize mining operations on the tract, the EIS evaluates the potential impacts of mining the South Hilight Field tract because mining is a logical consequence of issuing a lease for a maintenance tract of coal. The Office of Surface Mining Reclamation and Enforcement (OSM) is a cooperating agency on the Wright Area EIS. OSM is the Federal agency with the primary responsibility to administer programs that regulate surface coal mining in accordance with Section 503 of the Surface Mining Control and Reclamation Act of 1977 (SMCRA). OSM also recommends approval, approval with conditions, or disapproval of the MLA mining plan to the Assistant Secretary of the Interior, Lands and Minerals Management. The FS is a cooperating agency since a portion of the Wright Area proposed lands for leasing lie within the TBNG. 2

The WDEQ/LQD, WDEQI AQD, Wyoming Department of Transportation (WYDOT), and the Converse County Board of Commissioners are also cooperating agencies on this EIS. WDEQ/LQD has a cooperative agreement with the Secretary of the Interior to regulate surface coal mining operations on Federal and non-Federal lands within the State of Wyoming. WDEQI AQD regulates air borne emissions in Wyoming and administers the air quality standards developed by the Environmental Protection Agency (EPA). WYDOT's responsibilities include maintaining state roads and highways, planning and supervising road improvement work, and supporting airports and aviation in the state. The responsibilities of the Converse County Board of Commissioners include but are not limited to the management and oversight of county roads, facilities, and planning and zoning rules in the county. By law and regulation, the LBA process is an open, public, competitive sealed-bid process. Bidding at any potential sale is not restricted to the applicant. In order for BLM to award and issue a coal lease, the highest bid received must meet or exceed fair market value of the coal as determined by BLM's economic evaluation. ALC filed the LBA because the South Hilight Field area as applied for is adjacent to their existing approved mining operations at the Black Thunder Mine and the Federal coal can be mined using their existing mine facilities, equipment, and employees (Appendix 1, Figure 1). In the Wright Area Coal EIS, the alternatives that are analyzed in detail assume that the applicant would be the successful bidder if a competitive coal lease sale is held.

History of Coal Leasing Activity in the Wyoming Portion of the Decertified Powder River Coal Region
Since decertification of the Powder River Federal Coal Region in 1990, 20 Federal coal leases in Campbell and Converse counties, Wyoming, have been issued under the LBA process with competitive sealed-bid sales. These leases include approximately 49,172 acres and 5.793 billion tons of mineable coal. Nineteen of these leases were issued to the following existing mines for the purpose of extending operations at those mines: Jacobs Ranch (2), Black Thunder (3), North Antelope Rochelle (5), Eagle Butte (2), Antelope (3), Buckskin (1), Cordero/Rojo (2), and the former North Rochelle (1). The remaining lease, the West Rocky Butte, was issued to Northwestern Resources Company in 1992. They planned to start a new mine to recover the coal included in the Rocky Butte and West Rocky Butte leases but the new mine was never developed. The Rocky Butte and West Rocky Butte leases are now held by Caballo Coal Company, a subsidiary of Peabody Holding Company, Inc. and are included in the Caballo Mine.

Pending Coal Leasing Applications and Other Proposed Projects in the Wyoming Powder River Basin
There are currently 12 Wyoming PRB maintenance coal lease applications being processed by BLM including the South Hilight LBA tract and the recently completed West Antelope II, Caballo West, and Belle Ayr North LBA Records of Decision. As applied for, the pending coal lease applications comprise of approximately 34,571 acres and 3.722 billion tons of Federal coal (Appendix 1, Figure 1). The coal lease applications and applicant mines include the following:

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Belle Ayr North (Belle Ayr Mine), North Hilight Field (Black Thunder Mine), South Hilight Field (Black Thunder Mine), West Hilight Field (Black Thunder Mine), West Coal Creek (Coal Creek Mine), Caballo West (Caballo Mine), Hay Creek II (Buckskin Mine), West Jacobs Ranch (Jacobs Ranch Mine), MaysdorfII (Cordero Rojo Mine), South Porcupine (North Antelope Rochelle Mine), North Porcupine (North Antelope Rochelle Mine), and the West Antelope II (Antelope Mine). In addition to coal leasing and mining, oil and gas leasing and development have also occurred in the area. Both conventional and coalbed natural gas (CBNG) wells have been drilled in and around the Black Thunder Mine and the South Hilight Field LBA. Conventional and CBNG resources are currently being recovered from Federal and private oil and gas leases in the application area. Federal oil and gas lease ownership in the South Hilight Field LBA area is described in detail in the Final EIS. Federal oil and gas lessees and private interests identified by the applicant were included on the mailing list for the Wright Area Coal EIS. The EIS discusses energy development in and around the South Hilight Field LBA. The discussion includes a summary of the results of an analysis of the conventional oil and gas drilling that has occurred in the area, prepared by the BLM Wyoming Reservoir Management Group (WSO-RMG). The analysis found that two conventional oil wells were permitted and drilled on lands included in the South Hilight Field BLM study area. One well is still producing and the other was plugged and abandoned. The Wright Area Coal EIS includes a summary of the results of the BLM WSO-RMG analysis of the CBNG resources in the area. Most of the CBNG production in the area has occurred from the upper Fort Union Formation Wyodak-Anderson coal seam, the same coal beds being mined by the surface coal operators. In the Wyoming portion of the PRB, CBNG has been produced from the Wyodak-Anderson zone since the late 1980s. According to data analyzed by the BLM WSO-RMG and the U.S. Geological Survey, measured gas content was minimal in all of the Wyodak-Anderson coal cores that were collected in the year 2000 at locations near the surface coal mines, indicating that the coal seams were already substantially depleted of CBNG in the vicinity of the mines at that time. The EIS identifies 32 CBNG wells that have been drilled within the South Hilight Field BLM study area. Of those, 10 wells are producing. Remaining CBNG wells still producing in advance of coal mining will continue to remove any remaining methane until mine operations commence. Several mechanisms can be used to facilitate recovery of the conventional oil and gas and CBNG resources prior to mining if the Federal coal in the tract is leased: • 	 BLM will attach a Multiple Mineral Development stipulation in the Federal coal lease which states that BLM has the authority to withhold approval of coal mining operations that would interfere with the development of mineral leases that were issued prior to the South Hilight Field coal tract being leased (Appendix 2). • 	 Conventional oil and gas wells must be abandoned while mining and reclamation operations are in progress. If the value of the remaining oil and gas reserves justifies the
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expense of reestablishing production, the wells could be recompleted or redrilled following mining. • 	 BLM has a policy in place regarding CBNG-coal development confliCts (BLM Washington Office Instruction Memorandum (IM) No. 2006-153). The 1M directs BLM decision-makers to optimize the recovery of both CBNG and conventional resources and to ensure that the public receives a reasonable return. This policy offers royalty incentives to CBNG operators to accelerate production in order to recover the natural gas while simultaneously allowing uninterrupted coal mining operations. The 1M also states that it is the policy of the BLM to encourage oil and gas and coal companies to resolve conflicts between themselves and, when requested, BLM will assist in facilitating agreements between the companies. • 	 Mining ofthe South Hilight Field LBA tract would not be authorized until: 1) the coal lessee obtains a permit approved by the WDEQ/LQD to mine the tract, and 2) the MLA mining plan is approved by the Secretary of the Interior. Before the MLA mining plan can be approved, BLM must approve a Resource Recovery and Protection Plan (R2P2). Prior to approving the R2P2, BLM can review the status of CBNG and conventional oil and gas development on the tract and the mining sequence proposed by the coal lessee. Because the permit approval process generally takes the coal lessee several years to complete, CBNG resources on the coal tract could continue to be recovered during that time. • 	 Prior to mining the Federal coal, the coal lessee can negotiate an agreement with the oil, gas, and pipeline owners and operators regarding the removal of their existing facilities on the South Hilight Field tract. Other proposed projects in the Wyoming PRB that have advanced to the planning, permitting, or construction stages and that would reasonably be expected to be completed in the foreseeable future include: the Wygen III coal-fired power plant at the Black Hills Corporation energy complex near the Wyodak Mine site in Gillette, Wyoming (being constructed); the Dry Fork Station coal-fired power plant proposed by Basin Electric Power Cooperative near the Dry Fork Mine north of Gillette (being constructed); the Two Elk coal-fired Unit 1 and Unit 2 power plants proposed by the North American Power Group (NAP G) which would be located east of the Black Thunder Mine; and a railroad line from the PRB to Minnesota proposed by the Dakota, Minnesota, and Eastern Railroad Corporation (DM&E). In September, 2007, Canadian Pacific Railway Ltd. announced acquisition of the DM&E and its subsidiaries. The transaction was reviewed and approved by the Surface Transportation Board in October, 2008. In addition, several coal conversion projects have been proposed. Based on status and available information, only one, the KFx Coal Beneficiation Project, was considered to have a high enough likelihood of proceeding to include it in the PRB Coal Review. The KFx (now Evergreen Energy) coal beneficiation plant produced commercially viable product in 2007 until the plant was idled down in 2008. Since then, Evergreen Energy Inc. and its strategic partner, Bechtel Power Cooperation, decided to relocate operations to a different location. 5


The proposed power plants, the DM&E railroad line, coal conversion projects, and the ongoing and proposed oil, gas, and CBNG operations are separate projects being developed independently of leasing the South Hilight Field tract. If these proj ects are developed as proposed and the South Hilight Field area is leased and mined as proposed, there would potentially be some overlap between the environmental and socioeconomic impacts of constructing and operating some of the projects and the environmental and socioeconomic impacts of mining the South Hilight Field tract. The cumulative effects of these projects are described in Chapter 4 of the Wright Area Coal Lease Applications EIS. The cumulative impact discussion in the EIS is based on analyses completed for the PRB Coal Review. The PRB Coal Review can be accessed at the following BLM website: http://www.blm.gov/wy/st/en/programs/energy/Coal_Resources/PRB_ Coal/prbdocs.html.
DECISION

As the BLM Wyoming High Plains District Manager, my decision is that it is in the public interest to offer the South Hilight Field LBA tract as described below for competitive sale so that these reserves are available to compete for sale in the open coal market to meet the national coal demand that is expected to exist until at least 2035. Under this decision, Alternative 2 for the South Hilight Field LBA tract has been selected from the Wright Area Coal Lease Applications EIS. Under Alternative 2, the South Hilight Field LBA traCt will be offered for lease at a competitive sealed-bid sale. The tract includes 1,976.69 acres, more or less, and the BLM estimates that the tract contains approximately 222,676,000 tons of mineable Federal coal resources in Campbell County, Wyoming. No additional study area lands were included in BLM's selected tract configuration. If the highest bid received at the sale meets or exceeds the FMV as determined by the BLM and if all other leasing requirements are met, a lease will be issued to the successful qualified high bidder. The competitive lease sale will be held as described in Federal regulations found at 43 CFR Subpart 3422, Lease Sales. In the event that the highest bid submitted at the competitive lease sale of the South Hilight Field LBA tract does not meet or exceed the FMV as determined by BLM, the BLM may, but is not obligated to, re-offer the coal tract for leasing at a later date. Under Alternative 2, it is assumed that the applicant would be the successful bidder on the South Hilight Field LBA tract and that the Federal coal would be mined to extend the life of the adjacent Black Thunder Mine. The tract would be mined and reclaimed in a logical sequence in concert with ongoing mining and reclamation operations at the adjacent existing mine. This would be consistent with the analysis of the impacts described in the EIS. This decision incorporates by reference the standard coal lease stipulations which address compliance with the basic requirements of the environmental statutes and additional BLM special stipulations (Appendix 2). This decision is in conformance with the Approved Resource Management Plan/or Public Lands Administered by the BLM Buffalo Field Office (RMP), which was completed in 2001 and

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amended in 2003. This decision is also in conformance with the USDA-FS Land and Resource Management Planfor the Thunder Basin National Grassland which was completed in 2001. The South Hilight Field LBA tract includes Federal coal lands located within the TBNG administered by FS. Therefore, FS must consent and prescribe terms and conditions in order for the tract to be leased. The FS provided BLM their consent to lease the lands in the South Hilight Field LBA tract in the FS Record of Decision signed on December 17, 2010. The FS consent decision is conditioned on application of the Notice for Lands ofthe National Forest System under Jurisdiction of the Department of Agriculture (FS Notice) on the South Hilight Field Federal coal lease tract (WYWI74596), when and if the tract is leased (Appendix 2). REASONS FOR DECISION Denying this proposed coal leasing is not likely to affect current or future domestic coal consumption used for electric generation. Not offering the South Hilight Field Federal coal tract for lease is unlikely to affect changes in the national electric generation portfolio. The rationale for this conclusion is summarized below. Various commenters on the Wright Area Coal EIS asserted that by not leasing this LBA, and, in a cumulative sense, by denying proposed coal leasing in the Wyoming portion of the PRB, BLM would slow global climate change and would push the national electric generation portfolio to contain only non-carbon fuel alternatives. BLM has thoroughly considered this comment in our decision. BLM agrees that movement toward electric generation capacity not reliant on carbon fuels is positive. Carbon fuels are a finite resource and will likely become more costly and rare. Having more non-carbon instead of carbon-based electric generation would assist in decreasing human­ caused greenhouse gas (GHG) emissions. Reducing human-caused GHG emissions would help to lessen any harmful effects that they may be causing to global climate. BLM reviewed two independent studies that determined the ability of the domestic electric generation industry to alter the present portfolio (mix of electric generation technologies) corresponding to the time period that the South Hilight Field reserves would be leased and produced. The first study was done by the Department of Energy (Annual Energy Outlook 2008 Report, Energy Information Administration, April 2008) and the second was by the domestic electric generation industry'S research arm, the Electric Power Research Institute (Electricity Technology in a Carbon Constrained Future, authored by R. James, Carnegie-Mellon University, November 2007). Both studies projected the electric generation portfolio to 2030 and both studies recognized the likelihood of carbon regulation. While there were differences in each study related to the mix of renewable sources, nuclear, and energy conservation, both studies were consistent in finding that coal-fired electric generation would represent 52-58 percent of the electric generation portfolio by 2030, as compared to the current 51 percent.

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The Annual Energy Outlook 2010 Report (Energy Information Administration, December 2009) represents a forecast to the year 2035. This most recent report incorporates the 2009 downturn in electric demand which resulted from lower electric demand for manufacturing in the depressed domestic economy of2009. This forecast lowered the percentage of coal-fired electric generation in the domestic electric generation portfolio to 44 percent by 2035, based on a slowing in electric demand through 2035, and a doubling, to 17 percent, of renewable electric generation in the domestic electric generation portfolio by 2035. Based on these studies, even with a considerably more optimistic projection for renewable sources, coal use continues to be projected as the largest portion of the domestic electric fuel mix. As described in the Final EIS, the key determinant of energy consumption is population. As human population and activities have increased over time, coal and other carbon-based fuels have been utilized to provide for these additional energy demands. As directly stated by Secretary Salazar, "The fact remains that oil and gas and coal are a very important part of our energy portfolio now and they will continue to be an important part of our energy portfolio in the future ... Fossil fuels and clean technology coal will have to be part of the mix if the U.S. is able to have enough energy in the future." Further, BLM disagrees with the comment that denying the proposed Federal coal leasing application would consequentially reduce the overall rate of national coal consumption by electric generators. Numerous mines located outside of the PRB extract and produce coal in the United States. In order to supply reliable power for the country's electrical demands, many mines outside of the PRB have the capacity to replace the coal production generated by the Black Thunder Mine. The South Hilight Field coal reserves, if leased and approved for mining, would allow the coal mining operator to continue to compete for coal sales in a diverse open supply and demand market. Denying this lease offer would not cease currently approved mining operations. Rather, a denial would require the mine to cease operations only after the current lease reserves were depleted. This would deny the mine operator the ability to compete with other operators in an open market for a future coal demand that is projected to continue until at least 2035 . The inability of the Black Thunder Mine, or any other existing PRB producer, to offer reserves in the coal market would not cause electric generators to stop burning coal. Utility companies will likely operate existing coal-burning facilities until either cost or regulatory requirements render them ineffective or they are replaced by other reliable large scale capacity electric generation technologies capable of consistently supporting the bulk electrical demands of the United States' people. The effect of rejecting the South Hilight Field LBA would be that the existing mine would cease operations after the current reserves are depleted (currently estimated at 9.6 years), and the Black Thunder Mine would not be competitive in the national coal market to meet the future coal demand in the U.S. that is expected to last until at least 2035. Other national coal producers have the capacity to produce coal and replace the production from this existing mine.

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Lastly, PRB coal has competed for an increasing share of coal sales in the market primarily because it is lower cost, environmentally compliant, and successful post-mining reclamation has been thoroughly demonstrated. For these reasons, over the past several decades, PRB coal has been replacing other domestic coals in the open market, and would be expected to compete similarly in the future. Cumulatively, the effect of rejecting the coal leasing proposed throughout the PRB would be that many of the existing mines would cease operations once current reserves are depleted (ranging from 7 to 15 years). Those mines would then not be able to compete with other mines to meet the future coal demand that is expected to last until at least 2035. When current reserves are depleted at these mines, their production would likely be replaced by other domestic and, potentially, international coal producers with coal that is more costly, less environmentally compliant, and has greater residual environmental impact. Many other factors including but not limited to those listed below were considered in the decision to lease the South Hilight Field LBA tract: • 	 The Federal Coal Program encourages the development of domestic coal reserves and the reduction of the United States' dependence on foreign sources of energy. BLM recognizes that coal extraction is currently necessary in order to meet the nation's energy needs. A primary goal of the National Energy Policy is to add energy supplies from diverse sources including domestic oil, gas, and coal. Private development of Federal coal reserves is integral to the BLM Coal Leasing Program under the authorities of the Mineral Leasing Act of 1920, the Federal Land Policy and Management Act of 1976 (FLPMA), and the Federal Coal Leasing Amendments Act of 1976 (FCLAA). • 	 Ark Land Company applied for the South Hilight Field LBA coal tract in order to extend the life of the Black Thunder Mine. The tract, if leased and sold, would allow the mine to acquire access to a continuing supply of low sulfur compliance coal that would be sold to power plants for generating electricity. Continued leasing of low sulfur PRB coal assists coal-fired power plants in meeting the Clean Air Act requirements without constructing new power plants or revamping existing plants. Generally, the expenses associated with constructing new power plants, retrofitting or revamping existing plants, or substituting alternative fuels would increase overall energy costs to customers and consumers. • 	 The leasing and subsequent mining of Federal coal reserves provides the United States, the State of Wyoming, and its affected counties with income in the form of lease bonus payments, lease royalty payments, and tax payments. Production of Federal coal also provides the public with a supply of cost-efficient, low sulfur coal for power generation. The Governor of Wyoming, the Wyoming legislature, and other state and local officials support Federal coal leasing. • 	 The BLM is the lead agency responsible for leasing Federal coal lands under the MLA as amended. When an application to lease Federal coal is submitted, the BLM is obligated to respond to the application in a timely manner. In order to process an LBA, BLM must

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fulfill the requirements ofNEPA by preparing environmental analyses. In this case, an EIS was prepared to provide agency decision-makers and the public with a complete and objective evaluation ofthe environmental impacts of leasing and mining the Federal coal. BLM then makes a decision on whether or not to offer the Federal coal for lease. In either case, BLM must notify the applicant in a timely fashion of its decision. • 	 Offering the South Hilight Field LBA tract (totaling 1,976.69 acres containing approximately 222,676,000 tons of mineable Federal coal reserves as estimated by the BLM) is responsive to the coal lease application received on October 7, 2005. • 	 The decision to offer the South Hilight Field coal tract for leasing is in conformance with the BLM land use plan decisions covering this area (see section entitled "Conformance with Existing Land Use Plans"). • 	 The Wright Area Coal Lease Applications EIS was prepared in response to applications BLM received to lease tracts of Federal coal adjacent to existing mines in Wyoming. The environmental impacts of this decision were fully disclosed in the EIS. Public comments were addressed throughout the NEP A process. • 	 The BLM's selected tract configuration under Alternative 2, as modified and described in this decision, provides for maximum economic recovery of the coal resource. • 	 The U.S. Fish and Wildlife Service has provided written concurrence for leasing the South Hilight Field coal tract pursuant to Section 7(a)(2) ofthe Endangered Species Act of 1973, as amended (Appendix 3). Surveys were conducted for Ute Ladies' -tresses during the known flowering period in 2008,2009, and 2010. No sage-grouse leks are currently present within the South Hilight Field's general analysis area. One prairie dog colony, approximately 0.1 acre in size, is located within the general analysis area for the South Hilight Field tract. No eagle nests were identified within the South Hilight Field's general analysis area. Twenty-three bird species on the "Coal Mine List of 40 Migratory Bird Species of Management Concern in Wyoming" have historically been observed at least once in the Wright EIS general analysis area. Wildlife mitigation measures will be prescribed in concert with USFWS during the permit for mining process of the South Hilight Field LBA. • 	 Consultation with the appropriate Native American tribes was initiated by the BLM Wyoming State Office on May 29, 2008. No tribes indicated concerns with the disturbance of cultural sites in the South Hilight Field general analysis area. • 	 Twenty-four archeological sites have been identified within the South Hilight Field general analysis area. One site has been determined NRHP eligible (48CA2227). The other 23 sites have been determined to be ineligible (48CA646, 48CA658, 48CA1157, 48CA2173, 48CA2228, 48CA2230, 48CA2725, 48CA2726, 48CA2727, 48CA2977, 48CA2978, 48CA2979, 48CA3018, 48CA3019, 48CA3020, 48CA3021, 48CA3536, 48CA3941, 48CA4225, 48CA4692, 48CA4693, 48CA4694, and 48CA4695).
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• 	 BLM has initiated the determination of eligibilities and effects consultation with SHPO. The leasing of the South Hilight Field coal tract would likely result in an adverse effect to site 48CA2227. Consultation with SHPO is ongoing. A lease stipulation has been assigned to the South Hilight Field coal tract to prohibit surface disturbance on or near site 48CA2227 until an appropriate mitigation plan is completed and implemented by OSM and WDEQ in consultation with SHPO. The National Historic Preservation Act mitigation consultation with the Wyoming State Historic Preservation Office will be completed as required during the mine permitting process by OSM and WDEQ prior to any surface disturbance of the tract. • 	 Issuing a Federal coal lease for the South Hilight Field tract would not result in the creation of new sources of human-caused GHG or mercury emissions. Black Thunder Mine would produce the South Hilight Field coal at currently pernlitted levels using existing production and transportation facilities. If the South Hilight Field tract is leased and mined, site-specific GHG emission rates from the Black Thunder Mine are anticipated to increase slightly compared to current emission rates due to increased strip ratios and added hauling distances. • 	 If the coal reserves contained within the South Hilight Field tract are leased and mined at the currently permitted levels and the coal is used to generate electricity by coal-fired power plants, the emissions of GHG and mercury attributable to the coal produced at the Black Thunder Mine would be extended for approximately 1.6 years. The rate of human­ caused C02 and mercury emissions would depend upon the permitted levels at the coal combustion facilities where the coal is burned and the potential emission limits that may be applied to those facilities in the future by regulation or legislation. • 	 The potential for regulation of GHG emissions as an air pollutant is recognized in this decision. Should such regulation be put in place, there may be an effect on coal demand, depending on how the regulatory actions affect the demand for electric power and the mix of methods used to produce electricity. Effects to coal demand would be reflected through the coal market, coal pricing, and supply. If demand decreases, it is expected that less efficient coal producers, or those with reserves having less desirable coal characteristics, may lose customers. Based on review of past performance, Black Thunder Mine has competed very well in the national coal market.
PUBLIC INVOLVEMENT

BLM received the South Hilight Field coal lease application on October 7,2005. BLM announced the receipt of the LBA and published a Notice of Public Meeting in the Federal Register on February 9, 2006. At the public meeting held in Casper, Wyoming on April 19, 2006, the Powder River Regional Coal Team (PRRCT) reviewed the South Hilight Field coal lease application and ALC presented information about their existing mine and the pending lease application. The PRRCT recommended that BLM process the application. On April 27, 2006, BLM notified the Governor of Wyoming ofthat ALC had made application for the South Hilight Field Federal coal lands.
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BLM published a Notice ofIntent to Prepare an EIS and Notice of Public Meeting in the Federal Register on July 3, 2007, in the Gillette News-Record on July 6,2007, and in the Douglas Budget on July 11,2007. Scoping notices were also mailed to Federal, state, and local government agencies, conservation groups, commodity groups, and individuals who could be impacted by this LBA. BLM and the applicant jointly developed the distribution list. On July 24,2007, a public scoping meeting was held in Gillette, Wyoming. The scoping period extended from July 3 through September 3, 2007, during which time BLM received nine comment letters. A notice announcing the availability of the Wright Area Coal Lease Applications Draft EIS was published in the Federal Register by the EPA on June 26, 2009. Parties on the distribution list were sent copies of the Draft EIS at that time. A 60-day comment period on the Draft EIS commenced with publication of the EPA's Notice of Availability and ended on August 25,2009. The BLM published a Notice of AvailabilitylNotice of Public Hearing for the Draft EIS in the Federal Register on July 8, 2009. The BLM's Federal Register notice announced the date and time ofthe formal public hearing, which was held on July 29,2009, in Gillette, Wyoming. The purpose of the public hearing was to solicit public comment on the Draft EIS, fair market value, maximum economic recovery, and the proposed competitive sale of Federal coal from the Wright Area LBAs. BLM also published a Notice of Public Hearing in both the Douglas Budget and Gillette News-Record newspapers on July 8,2009. Two individuals presented statements on the Draft EIS during the hearing. BLM received written comments from 17 individuals, agencies, businesses,and organizations as well as over 500 comment e-mails from other interested parties. Comments that BLM received on the Draft EIS and how BLM considered these comments during the preparation of the Final EIS were included in Appendix I of the Final EIS. Written comments and the transcript of the formal public hearing are also available for review at the BLM Wyoming High Plains District Office in Casper. A notice announcing the availability of the Wright Area Coal Lease Applications Final EIS was published in the Federal Register by the EPA on July 30,2010. Parties on the distribution list were sent copies of the Final EIS at that time. The comment period for the Final EIS ended on August 30, 2010. As explained on the first page of the Final EIS, the public review period was open for 30 days after EPA's Notice of Availability published in the Federal Register. BLM received written comment on the Final EIS from Michael J. Strawn, Powder River Basin Resource Council/Sierra Club/Center for Biological Diversity, Leslie Glustrom, WildEarth Guardians/Sierra Club/Defenders of Wildlife, Dorsey & Whitney LLP/Ark Land Company, and the Campbell County Board of Commissioners. BLM has reviewed, evaluated, and considered these comments. The comment letters and BLM's responses are available at http://www .blm. gov/wy/stieniinfolNEP AlHighPlains/Wright-Coal.html. All comments that were received in a timely manner were considered in the preparation of this Record of Decision (ROD).

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SUMMARY OF THE PROPOSED ACTION AND ALTERNATIVES 

The EIS analyzed the proposed action and two alternatives in detail for the South Hilight Field LBA tract. Chapter 2 of the EIS contains a full description of each. Summarized descriptions are presented below.

Proposed Action: Hold a competitive lease sale for the Federal coal lands as applied for and issue a maintenance lease to the successful bidder.
Under the Proposed Action, the as applied for lands in the South Hilight Field application, as submitted by Ark Land Company (ALC), would have been offered for lease at a competitive sealed-bid sale. As applied for, the tract included approximately 1,976.69 acres (Appendix 1, Figure 2). The applicant estimated that the lands contained approximately 213.6 million tons of recoverable Federal coal. This alternative assumed that the applicant would be the successful bidder and that the coal would be mined, processed, and sold by the Black Thunder Mine.

Alternative 1 (Environmentally Preferable Alternative): Reject the application.
Under this alternative, ALC's application to lease the Federal coal lands included in the South Hilight Field LBA tract would be rejected and the tract would not be offered for competitive sale at this time. This is the No Action Alternative. The applicant is presently mining existing leases that were previously acquired. Previously approved and permitted mining activity at the adjacent Black Thunder Mine will continue with or without leasing the South Hilight Field LBA tract. Assuming that the South Hilight Field LBA tract would never be leased and coal removal and the associated disturbance would never occur, this alternative would be the environmentally preferable alternative. However, selection of this alternative would not preclude future applications to lease all or part of the Federal coal included in the South Hilight Field LBA tract. Rejection of the application would not cause mining operations to immediately cease at the Black Thunder Mine, nor would it immediately reduce production from this mine. Coal is mined in 27 states and is mostly used for generating electricity to support the country's demand for energy. Ifthe South Hilight Field application was rejected and, in the long term, the Black Thunder Mine was to close, other regional and national mining companies would replace the coal production that would have been lost due to Black Thunder Mine's closure.

Alternative 2 (Selected Alternative): Reconfigure the tract and hold one competitive sale for Federal coal lands in the tract as modified by BLM and issue a lease to the successful bidder.
Along with the Federal coal lands that were applied for by ALC, BLM identified and evaluated an additional area comprised of approximately 945.69 acres of unleased Federal coal adjacent to the southern edge of the application lands (Appendix 1, Figure 2). These additional lands and the as applied for tract were referred to as the BLM study area. The study area enabled BLM to 13

evaluate and explore the potential of increasing competitive interest in the tract, allowing for more efficient recovery of Federal coal in the area, and reducing the likelihood of bypassed Federal coal. After analyzing the additional lands included in the BLM study area for the South Hilight Field, BLM selected the tract configuration as described below. For the final tract configuration, no additional lands were added to the tract as applied for. The final configuration (Appendix 1, Figure 3) was selected because it allows for efficient recovery of the Federal coal while also conserving sufficient unleased Federal coal reserves for the potential configuration of a future competitive LBA tract, if warranted for production maintenance. Under the selected configuration, the South Hilight Field tract includes approximately 1,976.69 acres and BLM estimates that it contains approximately 222,676,000 tons of mineable Federal coal resources. The legal description of the lands to be offered for competitive lease sale under Alternative 2, BLM's selected tract configuration, for the South Hilight Field LBA tract is as follows: South Hilight Field Tract (WYW174596): T.43N., R.71 W., 6th P.M., Campbell County, Wyoming Section 23: Lots 1 through 16: Section 26: Lots 1 through 16: Section 35: Lot 1 through 16: Total:

649.36 acres 667.69 acres 659.64 acres 1,976.69 acres

The land descriptions and acreages are based on the BLM Status of Public Domain Land and Mineral Titles Approved Master Title Plats as of September 7, 2007 and Coal Plats as of September 7,2007. The coal estate in the tract described above is Federally-owned. Surface ownership consists of privately owned lands and Federal lands administered by the USDA-Forest Service (FS). The selected configuration for the South Hilight Field tract (Appendix 1, Figure 3) includes 1,625.9 acres of National Forest System lands in the Thunder Basin National Grassland (TBNG) administered by the FS. ALTERNATIVES CONSIDERED BUT NOT ANALYZED IN DETAIL Further descriptions of these alternatives may be found in Chapter 2 of the Final EIS. New Mine Start Under this alternative, as under the Proposed Action, Alternative 1, and Alternative 2, BLM would have held a competitive coal lease sale and issued a lease for the lands included in the South Hilight Field LBA tract. This alternative assumed, however, that the successful qualified bidder would have been someone other than the applicant and that this bidder would have planned to open a new mine to develop the Federal coal resources. In BLM's current estimation, for a new mine to open in the Wyoming PRB, the first lease would need to contain approximately 500 to 600 million tons of coal. 14 


This alternative was considered but was not analyzed in detail because it was unlikely that a new mine would start up solely using this lease tract. The total amount of coal included in this tract is not sufficient to consider opening a new mine. Also, a new mine would create a new source of air quality impacts. The potential difficulty in obtaining an air quality permit is another issue that could discourage new mine starts in the PRB.
Delaying the Sale

Under this alternative, the BLM would have delayed the sale of the South Hilight Field LBA tract as applied for. This alternative assumed that the tract could be developed later as either a maintenance tract or a new mine start, depending on how long the sale would have been delayed. The environmental impacts of mining this Federal coal at a later time as a maintenance tract would be expected to be similar to the Proposed Action and Alternative 2. If a new mine start was required to mine the coal in this tract, the environmental impacts would be expected to be greater than if it were mined as an extension of an existing mine. In general, delaying the sale may have allowed CBNG resources in the Wright general analysis area to be more completely recovered prior to mining. If market prices increased in the future, bonus and royalty payments to the government would have been higher if the tract was offered for sale at a later date. This alternative was considered but was not analyzed in detail because it would not produce substantially different impacts than other alternatives that were analyzed in detail. First, rental and royalty provisions in the proposed lease provide for the U.S. to benefit if coal prices increase by the time of mining. Royalty and tax payments are collected at the time the coal is sold. They increase as coal prices increase, which allows the United States to benefit if coal prices have increased by the time of mining. Second, as described in Chapter 2 of the EIS, several mechanisms are already in place to facilitate continued CBNG recovery prior to mining the lands included in the Wright general analysis area.
CONFORMANCE WITH EXISTING LAND USE PLANS

Under the requirements of FCLAA, lands that are being considered for Federal coal leasing must be included in a comprehensive land use plan and leasing decisions must be compatible with that plan. The Approved Resource Management Plan (RMP) for Public Lands Administered by the Bureau ofLand Management Buffalo Field Office, completed in 2001 and amended in 2003, governs and addresses the leasing of Federal coal in Campbell County. The USDA-FS Land and Resource Management Plan for the Thunder Basin National Grassland (TBNG), Medicine Bow­ Routt National Forest, Rocky Mountain Region, completed in 2001, guides resource management activities on the TBNG. The major land use planning decision that BLM must make concerning Federal coal resources is a determination of which Federal coal lands are acceptable for further consideration for leasing. There are four coal screening procedures that BLM uses to identify these coal lands. The screening procedures require BLM to: 1) estimate development potential of the coal lands, 2)
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apply the unsuitability criteria listed in the regulations at 43 CFR 3461,3) make multiple land use decisions that eliminate Federal coal deposits from consideration for leasing to protect other resource values, and 4) consult with surface owners who meet the criteria defined in the regulations at 43 CFR 3400.0-5 (gg) (1) and (2). The coal screens were developed for Federal decision-making and are utilized in environmental analyses associated with BLM RMPs, EISs, USDA-FS TBNG planning documents, evaluations, and other resource management activities. Under the first coal screening procedure, a coal tract must be located within an area that has been determined to have coal development potential in order to receive further consideration for leasing [43 CFR 3420.l-4(e)(1)]. The South Hilight Field LBA is within the area identified by BLM as having coal development potential. The second coal screening procedure requires the application of the coal mining unsuitability criteria which are listed in the Federal coal management regulations at 43 CFR 3461. These criteria have been applied to high to moderate coal development potential lands in the Wyoming PRB, including the South Hilight Field LBA tract and surrounding lands. Biological surveys have been conducted throughout the South Hilight Field general analysis area. The USFWS has provided written concurrence for leasing the South Hilight Field LBA tract pursuant to Section 7(a)(2) ofthe Endangered Species Act of 1973, as amended (Appendix 3). In coordination with the WDEQ, the USFWS will develop and prescribe wildlife mitigation measures as a component of the mining permit authorization process. A portion ofthe north-south BNSF & UP railroad right-of-way (ROW) borders the entire western side of the South Hilight Field tract. Lands within the rail line right-of-way (ROW) and associated 100-foot buffer zone were found to be unsuitable for mining under Unsuitability Criterion 2. Although the lands within the railroad ROWand buffer zone have been determined to be unsuitable for mining, they are included in the tract lease to allow for efficient recovery of all mineable coal adjacent to and outside of the ROWand its associated buffer zone. This determination also complies with coal leasing regulations which do not allow leasing in less than 10-acre aliquot parts. The lease will include a stipulation stating that no mining activity may be conducted in the portion of the lease within the railroad ROW or associated 100-foot buffer zone. This stipulation honors the finding of unsuitability for mining under Criterion 2. Unsuitability Criterion Number 3 states that lands within 100 feet of the outside line of the ROW ofa public road shall be considered unsuitable for surface coal mining. A portion of the ROW of the Hilight road, a county road, is located within BLM's selected configuration for the South Hilight Field tract (Appendix 1, Figure 3). BLM has determined that the portion of the South Hilight Field tract that includes the Campbell County Hilight road, its ROW, and the 100-foot buffer zone on either side of the ROW must be considered unsuitable for mining at this time under Criterion Number 3. Although the lands within the ROWand buffer zone have been determined to be unsuitable for mining, they are included in the tract lease to allow for efficient recovery of all mineable coal adjacent to and outside of the ROWand buffer zone. This determination also complies with coal 16

leasing regulations which do not allow leasing in less than 10-acre aliquot parts. The lease will include a stipulation stating that no mining activity may be conducted in the portion of the lease within the Hilight road ROW or its associated 100-foot buffer zone unless a permit to move the road is approved by the Campbell County Board of Commissioners. This stipulation honors the finding of unsuitability for mining under Criterion 3. Surface coal mining could potentially occur within a public road ROWand buffer zone if the regulatory authority, or the appropriate public road authority designated by the regulatory authority, allows the public road to be relocated or closed after providing public notice and opportunity for a public hearing. A finding must be reached, and stated in writing, that the interests of the affected public and landowners will be protected [30 CFR 761.11(d) and 43 CFR 3461.5(c)(iii)]. If permits to relocate roads within the Wright Area coal tracts are approved at some point in the future, then it would allow for recovery of Federal coal that underlies public road ROWs and their associated buffer zones. No other lands included in the South Hilight Field tract were found to be unsuitable for mining during the application of the unsuitability criteria for BLM's 2001 Buffalo RMP update. Site­ specific unsuitability determinations for some criteria were deferred until an application to lease was filed. These findings are included in Appendix B of the Wright Area Coal Final EIS. The third coal screening procedure, a multiple land use conflict analysis, must be completed to identify and "eliminate additional coal deposits from further consideration for leasing to protect resource values of a locally important or unique nature not included in the unsuitability criteria," in accordance with 43 CFR 3420.1-4(e)(3). The 2001 Buffalo RMP update addresses two types of multiple land use conflicts: municipal/residential conflicts and multiple mineral development (coal versus oil and gas) conflicts. The municipal/residential multiple land use conflict was addressed by applying buffers around the municipal planning boundaries for the major municipalities within the BLM Buffalo Field Office area including Gillette and Wright. BLM's selected South Hilight Field tract configuration does not extend into any of the municipal buffer zones. BLM's evaluation ofthe multiple mineral development conflicts related to issuing a lease for the South Hilight Field lands is discussed above in the "Pending Coal Leasing Applications and Other Proposed Projects in the Wyoming Powder River Basin" section of this record of decision. The fourth coal screening procedure requires consultation with surface owners who meet the criteria defined in the regulations at 43 CFR 3400.0-5 (gg) (1) and (2). Under BLM's selected alternative, surface ownership consists of privately owned lands and Federal land administered by the USDA-FS. Ifprivate surface owners are determined to be qualified under this CFR citation, then qualified surface owner consent is required before those lands can be included in a Federal coal lease. In the selected South Hilight Field tract configuration, private surface ownership is held by two entities: Thunder Basin Coal Company LLC, and Western RR Properties Inc. & BNRR. There are no qualified surface owners for the South Hilight Field coal tract. 17 


In summary, the lands in the South Hilight Field coal tract have been subjected to the four coal planning screens and are determined to be acceptable for further consideration for leasing. Thus, a decision to lease the South Hilight Field Federal coal lands is in conformance with the current BLM Buffalo RMP and the Thunder Basin National Grassland LRMP. MITIGATION, COMPLIANCE, AND MONITORING If the South Hilight Field tract is leased, the lease will contain standard coal lease stipulations and also BLM Special Stipulations. BLM has applied special stipulations (Appendix 2) to avoid environmental damage or mitigate potential conflicts affiliated with cultural resources, paleontological resources, threatened and endangered species, multiple mineral development of oil and/or gas and coal resources, resource recovery and protection, and/or public land survey. Special coal lease stipulations were identified in Appendix D of the Final EIS. The final special stipulations are attached (Appendix 2) to this decision and will become part of the Federal coal lease records and pertain to all lands as described in the Federal coal lease tract. After Federal coal leases are issued, SMCRA gives the OSM authority to administer programs that regulate surface coal mining operations. The WDEQ regulates surface coal mining activities in Wyoming. If Ark Land Company is the successful, qualified high bidder for the Federal coal included in the South Hilight Field coal tract, a permit revision must then be approved by the WDEQ/LQD. An MLA mining plan revision must also be approved by the Assistant Secretary of the Interior before the coal in the tract could be mined. The existing mitigation measures specific to the currently approved mine plan for the adjacent mine would then be revised to include the new mitigation measures specific to the South Hilight Field tract. The mining permit would be amended to include the new mitigation requirements. If the successful bidder on the South Hilight Field coal lease sale does not currently operate a mine that is adjacent to WYW174596, then the bidder would likely propose to construct a new mine in order to recover these Federal coal reserves. Because this would be a new mine start, the proponent would then submit a new permit application package to WDEQ/LQD for approval. A new MLA mining plan would also need to be submitted and approved by the Assistant Secretary of the Interior before the tract could be mined. The approved permit would include mitigation measures and monitoring plans specific to mining the newly leased tract. Prior to mining a coal lease area, the lease must be permitted for mining by OSM and WDEQ. If a lease is permitted for mining, additional conditions and stipulations may be assigned by OSM and WDEQ. Please see Section 1.3 of the Final EIS for additional information regarding regulatory authority and responsibility in relation to coal mining in Wyoming. To ensure that the revised plan is in compliance with the leasing stipulations, BLM has a responsibility to review the R2P2 prior to approval of the mining plan. Before any mining operations can begin on the South Hilight Field tract (WYWI74596), the appropriate R2P2 must be approved by the BLM, a permit or permit revision must be approved by WDEQ/LQD, and an MLA mining plan or plan revision must be approved by the Assistant Secretary of the Interior. 18

RECOMMENDATION 


I recommend that, after a competitive lease sale is held, Federal coal tract WYW174596, with its associated 1,976.69 acres more or less, be issued to the successful, qualified high bidder, provided it is determined that the highest bid at the sale meets or exceeds the FMV of the tract as determined by the BLM and that all other leasing requirements are met. This is Alternative 2 for the South Hilight Field LBA coal tract, as modified by BLM, and as described in this record of decision. The competitive lease sale will be held in accordance with the requirements at 43 CFR Subpart 3422. The lease will be subject to the attached BLM special lease stipulations (Appendix 2).

.~L'/) ZOI/ 

Assistant District Manager for Solid Minerals Wyoming High Plains District Office Date

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APPROVAL 

I agree with the recommendation of the Assistant District Manager for Solid Minerals, and I approve the decision to offer Federal coal tract WYW174596 for competitive lease sale.

~.~
BLM Wyoming High Plains District Manager Date

APPEAL OF DISTRICT MANAGER DECISION
This decision may be appealed to the Interior Board of Land Appeals, Office of the Secretary, in accordance with the regulations contained in 43 CFR Subpart 4 and the enclosed form 1842-1 (Appendix 4). If an appeal is filed, your notice of appeal must be filed in this office (BLM Wyoming High Plains District Office, 2987 Prospector Drive, Casper, WY 82604) within thirty (30) days from the date BLM published the Notice of Availability (NOA) ofthis Record of 
 Decision in the Federal Register. The appellant has the burden of showing that the decision 
 appealed is in error. 
 If you wish to file a petition (request) pursuant to regulations 43 CFR 4.21 (a)(2) for a stay (suspension) of the effectiveness of this decision during the time that your appeal is being reviewed by the board, the petition for a stay must accompany your notice of appeal. A petition for a stay is required to show sufficient justification based on the standards listed below. Copies of the notice of appeal and petition for a stay must also be submitted to each party named in this decision and to the Interior Board of Land Appeals and to the appropriate Office of the Solicitor (see 43 CFR 4.413) at the same time the original documents are filed with this office. If you request a stay, you have the burden of proof to demonstrate that a stay should be granted. Standard for Obtaining a Stay Except as otherwise provided by law or other pertinent regulations, a petition for a stay of a 
 decision pending appeal shall show sufficient justification based on the following standards: 
 1) 2) 3) 4) The relative harm to the parties if a stay is granted or denied; The likelihood of the appellant's success on the merits; The likelihood of the immediate and irreparable harm if the stay is not granted; and, Whether the public interest favors granting a stay.

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Appendix 1. Appendix 2.

Figures 1, 2, and 3 BLM Special Coal Lease Stipulations (WYWI74596), Notice for Lands of the National Forest System under Jurisdiction of the Department of Agriculture (WYWI74596), and BLM Coal Lease Form 3400-12 U.S. Fish and Wildlife Service Concurrence Letter Appeal Procedures

Appendix 3. Appendix 4.

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