The BLM’s responsibilities for split-estate lands under the NEPA are basically the same as for federal surface. Even though the impacts will occur on private surface, the BLM is still responsible for considering alternatives or imposing protective measures since the impacts will be caused as a direct consequence of activities approved by the BLM and conducted pursuant to a federal action. Mitigation measures for impacts identified during the NEPA analysis may be imposed under the general authority set out in Sections 30 and 37 of the MLA of 1920 (30 U.S.C. §§ 187 and 193) and the policy of the FLPMA. Other statutes that could apply for taking reasonable measures to avoid or minimize adverse environmental impacts that may result from federally authorized mineral lease activities include the Clean Water Act (CWA) of 1977, the Clean Air Act (CAA), the National Historic Preservation Act (NHPA), the Endangered Species Act (ESA) of 1973, and the Federal Onshore Control and Reclamation Act (FOCRA) of 1987. The FOCRA specifically requires the BLM to regulate surface disturbance and reclamation on all leases. With respect to offsite impacts, which also could include off-lease, off-unit, or off-the-original split-estate patent boundary, mitigation must be considered and met in order to approve a lease action, regardless of whether the surface is private or federal. The legal jurisdictional boundary (the lease boundary) and access to such will be discussed in more detail later in this appendix under the heading “Access to Split-Estate Lands To Develop Federally Owned Minerals.” Before leasing the mineral estate or approving lease development, the BLM determines whether that action would impact the quality of the human environment regardless of surface ownership. In this analysis, the BLM considers all impacts of the proposed action, whether those impacts are to surface resources, to use of the land by the surface owners, or to the subsurface. The BLM also takes into account the views of the surface owners and what impacts implementing the mitigation measures for lease activity would have on their uses of the surface.