43 CFR § 3430.5-3 - Determination to lease.
---
identifier: "/us/cfr/t43/s3430.5-3"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "43 CFR § 3430.5-3 - Determination to lease."
title_number: 43
title_name: "Public Lands: Interior"
section_number: "3430.5-3"
section_name: "Determination to lease."
chapter_name: "BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR"
subchapter_number: "C"
subchapter_name: "MINERALS MANAGEMENT (3000)"
part_number: "3430"
part_name: "NONCOMPETITIVE LEASES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "30 U.S.C. 181 30 U.S.C. 351-359; 30 U.S.C. 521-531; 30 U.S.C. 1201 and 43 U.S.C. 1701"
regulatory_source: "44 FR 42628, July 19, 1979, unless otherwise noted."
cfr_part: "3430"
---
# 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:
(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]