GENERAL30354

• Permit No: C1980007
• IBM Index Class Name: General Documents
• Doc Name: Federal Lease COC-56447 Decision Document
• Permit Index Doc Type: Other Permits
• Media Type: D
• Archive: No

Authorizing Actions and Agency Involvement
Forest Service
The Forest Service has a two step process for leasing. The decision
to be made based on this EA includes whether co consent to the issuance of
th~_ lease, and if so, what stipulations to apply. The Forest Service was
gr.inted consent authority with regard to the issuance of coal leases with
the passage of the Federal Coal Leasing Amendments Acc of 1976. Under that
act, a coal lease may not be issued without the consent of the surface
managing agency, i.e., the Forest Service in this case, and not without
including those conditions (stipulations) upon which consent is given. BLM
regulations at 43 CFR 3420.4-2(a) Consultation with surface management
agencies state:
The Secretary, for any proposed lease tract containing lands the
surface of which is under the jurisdiction of any agency other than
the Department, shall request that the agency: (1) Consent, if it has
not already done so, to the issuance of the lease (43 CFR 3400.3-1),
and (2) if it consents, prescribe the terms and conditions the
Secretary will impose in any lease which the head of the agency
requires for the use and protection of nonmineral interests in those
lands.
'`
The Regional Forester Rocky Mountain Region has delegated the
authority to sign all decision documents for mineral leases, i.e., consent
co leases (Forest Service Manual Chapter 2820, R2 Supplement No. 2800-94-1,
2822.04c) co the Forest Supervisor.
The second step in the Forest Service process is to address the specific
ground disturbing proposal. A second EA will be prepared which may result
in conditions of Approval which fall under the umbrella of the general
lease stipulations. _
Bure•.au of Land Management
In response to the competitive coal lease application submitted by
Mouricain Coal Company, the Bureau of Land Management reviews the coal lease
application in accordance with the regulations found at 43 CFR 3420. The
BLY in conjunction with the USFS then prepares an environmental assessment
to analyze the potential impacts of the proposed lease and to develop
mitigating measures to be included as Lease stipulations in the event a
competitive sale is held. The BLM conducts a public hearing before a
competitive sale is held co allow public comment on the effects of mining
on the proposed lease. The BL`7 must also evaluate lease proposals with
respect to the coal unsuitability criteria developed by the Department of
the Interior in compliance with Section 522 of the Surface Mining Control
and .Reclamation Act of 1977 (SMRCA) and 43 CFR 3461. This evaluation vas
done in conjunction with the BL`1 - Uncompahgre Basin Resource Management
Plan (1989) and the Forest Service - Amended Land and Resource Management
Plan - Grand Mesa, Uncompahgre and Gunnison National Forests (9/91). The
Coal Unsuitability decisions affecting the lease application area are
analyzed in Appendix I. As a result of the application of the Coal ~
Unsu:Ctabilit•~, there are some lands within the tract [hat are unsuitable
for coal mining. ~~''