43 CFR §3430.5-3
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
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.