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Following completion of the EA for competitive coal lease application COC- <br />53510, the Montrose District Office of BLM will forward the competitive lease <br />• application, the EA, maximum economic recovery report (MER), Decision Record <br />(DR), Finding of No Significant impact (FONSI), proposed lease terms and <br />conditions, and preliminary recommendations to the BLM State Director in <br />Denver. The Colorado State Director will make a determination on the leasing <br />action, the proposed lease terms and conditions and bonding requirements, and <br />the adequacy of the FONSI or the need for an environmental impact statement. <br />The State Director then prepares newspaper and Federal Register notices of the <br />sale end poste a notice of the proposed sale in the Public Room. The notice <br />of the proposed sale ie then distributed to the public and advice of sale ie <br />sent to the Attorney General. A sales panel consisting of the Deputy State <br />Director for Mineral Resources, a BLM mining engineer, a BLM geologist, and a <br />BLM mineral economist ie then designated. <br />Once the sale has been held, qualified bidders are evaluated and ranked by the <br />sale panel which would then make recommendations of acceptance to the State <br />Director. The eucceeeful bidder is then notified of additional requirements <br />and requested to submit data and information necessary for a review by the <br />Attorney General.' Onee the Attorney General has completed hie review, the <br />lease documents are then transmitted to the eucceeeful bidder for signature <br />and submission of the bond. The State Director then makes the decision <br />approving the bond and issuing the lease. Copies of the decision are then <br />distributed to the BLH District Office, the Office of Surface Mining <br />Reclamation and Enforcement and the Hinerale Management Service (MMS). <br />The Office of Surface Mining Reclamation and Enforcement (OSHRE) has agreed to <br />cooperate in preparing this EA. In addition, OSHRE has jurisdiction in <br />recommending approval of any mining plan that might result from BLH'e leasing <br />decision. The BLM, though, must concur with OSMRE'e recommendation to the <br />Aeeietant Secretary concerning the mining plan submitted to OSHRE by a <br />eucceeeful bidder (lessee). <br />• SHCRA gives OSMRE primary reeponeibility to administer programs that regulate <br />surface coal mining operations on federal lands and the surface effects of <br />underground coal mining operations on federal lands. Pursuant to Section 503 <br />of SMCRA, the Colorado Mined Land Reclamation Division (CMLRD) developed, and <br />the Secretary of the Interior approved, a permanent program authorizing CMLRD <br />to regulate surface coal mining operations and surface effects of underground <br />coal mining on non-federal lands within the State of Colorado. In September <br />1982, pursuant to Section 523(c) of SMCRA, CMLRD entered into a cooperative <br />agreement with the Secretary of the Interior authorizing CMLRD to regulate <br />surface coal mining operations and surface effects of underground mining on <br />federal lands within the state. <br />Pursuant to the cooperative agreement, federal coal lease holders in Colorado <br />moat submit permit application packages to OSHRE and CMLRD for proposed mining <br />and reclamation operations on federal lands in the State. The CHLRD reviews <br />the packages to ensure that the permit application complies with the <br />permitting requirements and that the coal mining operation will meet the <br />approved permanent program's performance standards; if it does comply, CMLRD <br />issues the lessee a permit to conduct coal mining operations. The OSMRE, BLM, <br />and other federal agencies review the permit application package to ensure <br />that it complies with the terms of the coal lease; the requirements of the <br />Mineral Leasing Act of 1920; the National Environmental Policy Act of 1969; <br />and other federal laws and their attendant regulations. The OSMRE recommends <br />approval, approval with conditions, or disapproval of the mining plan to the <br />Aeeietant Secretary - Land and Hinerale Management. Before the mining plan <br />can be approved, BLN and the surface-managing agency (if other than BLM) must <br />concur with this recommendation. <br /> The CMLRD enforces the performance standards and permit requirements during <br /> the mine's operation and has primary authority in environmental emergencies. <br />• The OSMRE <br />authority retains oversight reeponeibility for this enforcement. The BLH has <br />in those emergency situations where CMLRD or OSHRE inspectors cannot <br /> act before significant environmental harm or damage occurs. <br />