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:
(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.