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- USDA, Forest Service OMB 0596-02117 <br />FS -1500-15 <br />FS Agreement No. 16 -MU -11020400-012 <br />Cooperator Agreement No. <br />MEMORANDUM OF UNDERSTANDING <br />Between The <br />STATE OF COLORADO, DIVISION OF RECLAMATION, MINING AND <br />SAFETY <br />And The <br />USDA, FOREST SERVICE <br />GRAND MESA, UNCOMPAGHRE AND GUNNISON NATIONAL FORESTS <br />This MEMORANDUM OF UNDERSTANDING (MOU) is hereby made and entered <br />into by and between the State of Colorado, Division of Reclamation Mining and Safety, <br />hereinafter referred to as "DRMS," and the United States Department of Agriculture <br />(USDA), Forest Service, Grand Mesa, Uncompaghre and Gunnison National Forests, <br />hereinafter referred to as the "U.S. Forest Service." <br />Background: This MOU reestablishes a cooperating agency relationship (formerly <br />included in 12 -MU -11020400-044) between the U.S. Forest Service and DRMS for the <br />purpose of preparing a Supplemental Environmental Impact Statement (SEIS) to analyze <br />the Federal Coal Lease Modifications COC -1362 and COC -67232 as applied for by <br />ArkLand for the West Elk Mine, in Gunnison County, CO and to include an analysis of <br />on -lease exploration of the same due to vacature of both decisions in 2014 by Colorado <br />District Court. Since the land surface of the federal coal lease modifications are National <br />Forest System (NFS) lands, the Forest Service is the lead federal agency for development <br />of the SEIS. The Forest Service acknowledges that DRMS has jurisdiction by law and <br />special expertise applicable to the SEIS. <br />The cooperating agency relationship established through this MOU shall be governed by <br />all applicable statutes, regulations, and policies, . The authorities for the Parties to enter <br />into and engage in the activities described within this MOU include, but are not limited <br />to: National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); National Forest <br />Management Act of 1976 (16 U.S.C. 1600 et seq.), Federal Land Policy and <br />Management Act of 1976 (43 U.S.C. 1701 et seq.); Mineral Leasing Act of 1920, as <br />amended by the Federal Coal Leasing; Amendments Act of 1976 (30 U.S.C. 181 et seq.), <br />and the Energy Policy Act of 2005. Regulations implementing the above authorities <br />include: 1. Council on Environmental Quality regulations ( 40 CFR 150 1 et seq.); Bureau <br />of Land Management coal leasing regulations (43 CFR 3432). The authorities DRMS to <br />enter into this MOU include, but are not limited to: Surface Mining Control and <br />Reclamation Act of 1977 (30 U.S.C. 1201 et seq.); 30 CFR Part 700 to end; Colorado <br />Surface Coal Mining Reclamation Act 34-33-101 et seq.; Regulations of the Colorado <br />Mined Land Reclamation Board for Coal Mining (2 CCR 407-2)). <br />Title: West Elk Lease Modifications Supplemental Environmental Impact Statement <br />Page 1 of 6 <br />