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Forest Service Agreement # 12 -MU -11020400-044 <br />CDRMS Agreement # <br />Memorandum of Understanding <br />Between <br />United States Department of Agriculture, Forest Service <br />Grand Mesa Uncompahgre and Gunnison Forests <br />and the <br />State of Colorado, Division of Reclamation, Mining, and�.�, <br />Safety <br />as a Cooperating Agency � o{ �eo�sa�e<y <br />I. Introduction <br />f��n�n9 and <br />This Memorandum of Understanding (MOU) establishes a cooperating agency relationship <br />between the USDA -Forest Service's Grand Mesa, Uncompahgre, and Gunnison Forests <br />(Forest Service) and the State of Colorado, Division of Reclamation, Mining, and Safety <br />(CDRMS), for the purpose of preparing the Environmental Impact Statement (EIS) to analyze <br />the Federal Coal Lease Modifications COC -1362 and COC -67232 as applied for by ArkLand <br />for the West Elk Mine, in Gunnison County, CO. Since the land surface of the federal coal lease <br />modifications is National Forest System (NFS) lands, the USFS is the lead federal agency for <br />development of the EIS. The Forest Service acknowledges that the Cooperator has jurisdiction <br />by law and special expertise applicable to the EIS, as defined at 40 CFR 1508.15 and 1508.26. <br />This MOU describes responsibilities and procedures agreed to by CDRMS as a Cooperating <br />Agency and the USFS ("the Parties"). <br />The cooperating agency relationship established through this MOU shall be governed by all <br />applicable statutes, regulations, and policies, including the Council on Environmental Quality's <br />National Environmental Policy Act (NEPA) regulations (in particular, 40 CFR 1501.6 and <br />1508.5). <br />II. Purpose <br />The purposes of this MOU are: <br />A. To designate CDRMS as Cooperating Agency in the EIS process. <br />B. To provide a framework for cooperation and coordination between the Forest <br />Service and the Cooperator that will ensure successful completion of the EIS in a <br />timely, efficient, and thorough manner. <br />C. To recognize that the Forest Service is the lead agency with responsibility for the <br />completion of the EIS. <br />D. To describe the respective responsibilities, jurisdictional authority, and expertise of <br />each of the Parties in the planning process. <br />