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necessary "cooperating agencies" to ensure a full, interdisciplinary analysis of the federal uranium program in Western Colorado. 40 C.F.R. §§1501.6, 1058.5. Requiring such an EIS would recognize and be consistent with federal law, by ensuring that an EIS is in place that discloses impacts from the federal uranium program before any Colorado agency resources are committed or any Colorado permits are issued. The Whirlwind application may be denied on this basis alone. HRMR § 6.4.20(4)(d)(Boazd may deny operator request that "is or may be contrary to the laws or regulations of this state, or the United States..."). There is no doubt that the uranium mining and milling in Western Colorado involves numerous "federal actions" which trigger mandatory requirements of NEPA which have not yet been satisfied. 42 USC § 4332(2). The federal character of the uranium mining in Western Colorado has been recognized since the inception of the uranium mining/milling program under the Atomic Energy Act and due to the fact that much of the uranium mining, including the Whirlwind, aze conducted on federally owned lands. Bamson v. United States, 816 F.2d 549 (10th Cir. 1987)(finding the United States immune from suit by survivors of deceased uranium miners working to supply United States with uranium pursuant to the Atomic Energy Act)(cert denied 484 U.S. 896 (1987). Until the NEPA process that includes a cumulative impacts analysis has completed for the federal uranium program in Western Colorado, and because such a NEPA analysis is mandatory, the Division may decline issuance of the Whirlwind pemut because the proposed uranium mining "is or may be contrary to laws or regulations [...] of the United States. HRMR § 6.4.20(4)(d). DRMS should wait to issue any permit to Energy Fuels for the Whirlwind mine un61 a full NEPA analysis has been conducted so that any additional issues raised within the Environmental Impact Statement may be taken into consideration by DRMS. Among cumulative impacts includes the Department of Energy's (DOE) recent decision to expand its uranium leasing program to include 27,000 acres throughout Western Colorado. This decision was the result of DOE's July, 2007 Uranium Leasing Program Environmental Assessment and resulting Finding of No Significant Impact (FONSI), in support of the agency's preferred alternative. Now the U.S. Department of Energy, Office of Legacy Management, has officially announced its intent to offer uranium leases for competitive bid. Starting December 1, 2007, individuals and corporations of the domestic uranium industry are welcome to bid through a competitive web-based solicitation. The 38 uranium lease tracts soon to be offered for bid are located within the Uravan Mineral Belt in western portions of Mesa, Montrose, and San Miguel counties. Uranium mining claims under the 1872 Mining Law have also dramatically increased, representing additional significant cumulative impacts in this case. According to the Associated Press, "During just two yeazs between 2004 and 2006, four states -- Colorado, New Mexico, Utah, and Wyoming -- saw uranium mining claims rise from 4,300 to 32,000, the Environmental Working Group and the Pew Campaign for Responsible Mining reported" ("Uranium Leads Mining Claims Increase," Associated Press, 08-16- 2007). 7