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designation of tie alternatives to be analyzed or analysis of effects), and the disagreement <br />cannot be resoled, the Joint -Lead Agencies will include a summary of the Cooperator's <br />views in the Pr11iminary EA and Final EA. The Joint -Lead Agencies will also describe <br />substantial inconsistencies between the proposed action or actions and the objectives of <br />state, local, or t ibal land use plans and policies. The Parties acknowledge that the Joint - <br />Lead Agencies retain final responsibility for the decisions identified in the Project EA <br />and Decision Record. <br />F. Management of information. The Cooperator acknowledges that all supporting <br />materials and draft documents may become part of the administrative record and may be <br />subject to the requirements of the Freedom of Information Act (FOIA) and other federal <br />statutes. The Joint -Lead Agencies acknowledge that the Cooperator's handling of these <br />materials may > e impacted by the Colorado Open Records Act. The Parties agree that the <br />Joint -Lead Agencies, at their discretion, may withhold from the Cooperator those <br />documents that would otherwise be available for public release under the Colorado Open <br />Records Act. <br />G. Confidentiality of information. The Cooperator agrees to the following conditions for <br />maintaining the confidentiality of project data received: (1) To prevent the use or <br />disclosure of any data received unless the data is already in the public domain or <br />disclosure is required by law; (2) To report to the Joint -Lead Agencies any use or <br />disclosure of the data of which the Cooperator becomes aware; and; (3) To require any of <br />its agents or contractors that received or have access to the data to agree to the same <br />restrictions andOnditions on the use and/or disclosure of the data that apply to the <br />Cooperator undler this agreement. <br />H. Contractors. The Company selected Ecosphere Environmental Services as their <br />contractor (Contractor) for the EA. The Contractor is responsible to the Joint -Lead <br />Agencies for preparing an EA that meets the requirements of NEPA and applicable <br />NEPA procedu;es. The Cooperator may provide information and comments directly to <br />contractors and1collaborate with a contractors' technical staff and subcontractors on <br />matters within the Cooperator's jurisdiction or special expertise. <br />VI. AGENCY REPRESENTATIVES <br />Each Party will designate a representative, as described in Attachment C, to ensure coordination <br />between the Cooperator and the Joint -Lead Agencies during the EA process. Each Party may <br />change its representative at will by providing written notice to the other parties. <br />GCC Coal Lease 6 1 Page <br />CDNR Cooperating Agency Memorandum of Understanding <br />