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II. PROCEDURAL BACKGROUND As contemplated by scheduling order, the present Reply Brief addresses the arguments raised by the DRMS and Cotter and establishes the legal and factual basis for the MLRB to reinstate the original, July 2005 DMO determination and to direct the timely preparation of an EPP that should have been prepared for this and other uranium mines in Colorado in the mid-1990s upon the amendment of the MLRA in 1993. III. FACTUAL BACKGROUND Although both Cotter and the DRMS take issue with some of Appellants' factual characterizations, the parties agree upon the most salient points that establish the factual background of the present appeal. There is no dispute that the SM-18 mine is directly adjacent to a county road and located on federal public land. There is no dispute that these lands remain open to multiple use by the public. There is no dispute that exploration and mining have taken place on these federally leased uranium deposits for nearly forty years. It is not disputed that the SM-18 mine site is comprised of numerous built features, including: buildings and structures, mine-waste rock piles, adits/inclines, vents, drill roads, drill holes, petroleum tanks, and retention ponds are found on site. All parties recognize that human health of workers and the general public maybe impacted by exposure to both radiological and nonradiological hazards on the lease tracts. Neither Cotter nor the DRMS dispute the history of health impacts and fatalities caused by underground uranium mines in Western Colorado, as documented in reported federal court opinions. Neither Cotter nor the DRMS dispute that the SM-18 Mine operates pursuant to a 1996 federal Department of Energy uranium mining lease with a 10 yeaz term. There remains some dispute as to the status of the federal lease, identity of operator(s), and the right of entry. However, because the lease status is not central to the question of DMO status, Appellants will not present further background on the right-of entry question. Neither Cotter nor DRMS dispute that the Department of Energy is engaged in an ongoing clean- up and decontamination of numerous uranium mines and milling sites in the Uravan Mineral Belt and that the DOE has paid Cotter to clean up and reclaim many federal mines in Western Colorado. This mine has been operating sporadically since first obtaining an MLRB permit in 1978. The DRMS file indicates that for much of that time, approximately 25 years, SM-18 has been idle and in voluntary cessation status. Agency records, including those of MSHA, have identified multiple health and worker exposure violations at the SM-18 mine. DRMS inspections have also documented concerns and problems at this mine.