2015-08-26_ENFORCEMENT - 0

D. Review and issue a decision on all Plans required by DOE under DOE regulations.
VI. Understanding
A. DOE shall have sole authority over the selection of Lessees, and the negotiation,
issuance, management, and termination of leases. In accordance with lease language,
Lessees have the right to explore for, develop, mine, and extract uranium and vanadium
ores on the leased premises, including the right to use as much of the leased surface land
as is needed to appropriately conduct operations.
B. The Agencies mutually affirm that they shall comply with all provisions of this MOU.
Nothing in this MOU shall limit or affect the authority and legal responsibility of the
Agencies, or cause either Agency to perform beyond its respective actions not authorized
to them by law.
C. The Agencies acknowledge that each will receive copies of documents from the DOE
Lessees pertaining to site-specific Exploration Plans/NOIs and Reclamation Permits/POs
for said Agency's independent review within five (5) working days. The Agencies
further agree to coordinate those reviews to the greatest extent possible and to exchange
information to (1) prevent inconsistent and confusing actions, and (2) reduce duplication
while recognizing individual statutory review requirements. All confidential and
proprietary information/data will be appropriately safeguarded against unauthorized
disclosure, subject to penalties contained in 18 U.S.C. § 1905.
D. DOE has the authority and responsibility to assure that Lessees conduct operations in
compliance with lease language and all applicable laws and regulations, including the
National Environmental Policy Act of 1969 (NEPA), 42 U.S.0 §§ 4321, et seq., the
Endangered Species Act (ESA), 16 U.S.C. §§ 1531, et seq., and their implementing
regulations.
E. DRMS has the authority and responsibility to assure that Operators conduct uranium and
vanadium mining and prospecting operations in compliance with applicable State laws
and regulations. This responsibility includes the administration, review, and permitting
of: 1) NOIs for prospecting, and 2) Reclamation Permits for mining operations.
F. The Agencies agree that field reviews of Lessee Plans shall be conducted in accordance
with the following guidelines and shall be performed as quickly as possible:
i) Upon receipt of a Lessee Plan, DOE shall contact DRMS to confirm that DRMS
received the Plan.
ii) DOE, during this review process, also shall consult with other Federal and State
agencies as applicable, including but not limited to the U.S. Bureau of Land
Management (BLM), as the land management agency, and the U.S. Fish and Wildlife
Service, as required. Said agencies shall provide comments and associated
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