Section 3430.5-3 - Determination to leaseA 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