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• The Surface Mining Control and Reclamation Act of 1977 (SMCRA) gives OSM primary <br />responsibility to administer programs that regulate surface coal mining operations on Federal <br />lands. Pursuant to Section 503 of SMCRA, the Colorado Division of Reclamation, Mining and <br />Safety developed, and the Secretary of the Interior approved, a permanent program authorizing <br />the Colorado Division of Reclamation, Mining and Safety to regulate surface coal mining <br />operations and the surface effects of underground coal mining on non-Federal lands within the <br />State of Colorado. In September 1982, pursuant to Section 523(c) of SMCRA, the Colorado <br />Division of Reclamation, Mining and Safety entered into a cooperative agreement with the <br />Secretary of the Interior authorizing the Colorado Division of Reclamation, Mining and Safety to <br />regulate surface coal mining operations and the surface effects of underground coal mining on <br />Federal lands within the State of Colorado. <br />Pursuant to the cooperative agreement, Federal coal lease holders in Colorado must submit a <br />permit application package to OSM and the Colorado Division of Reclamation, Mining and <br />Safety for proposed mining and reclamation operations on Federal lands in the State. The <br />Colorado Division of Reclamation, Mining and Safety reviews the permit application package to <br />ensure that it complies with the permitting requirements and that the coal mining and reclamation <br />operations will meet the approved permanent program's performance standards. If it does <br />comply, the Colorado Division of Reclamation, Mining and Safety issues the applicant a permit <br />to conduct coal mining and reclamation operations. OSM, the Bureau of Land Management, and <br />other Federal agencies review the permit application package to ensure that it complies with the <br />terms of the Federal coal lease; the requirements of the Mineral Leasing Act of 1920; the <br />• National Environmental Policy Act of 1969; and other Federal laws and their attendant <br />regulations. <br />OSM recommends approval, approval with conditions, or disapproval of the Mineral Leasing <br />Act mining plan to the Assistant Secretary, Land and Minerals Management. Before the mining <br />plan can be approved, the Bureau of Land Management and the surface land management agency <br />must concur with this recommendation. The Colorado Division of Reclamation, Mining and <br />Safety enforces the performance standards and permit requirements during the mine's operation <br />and has primary authority in environmental emergencies. OSM retains oversight responsibility <br />for this enforcement. The Bureau of Land Management has authority in emergency situations <br />where the Colorado Division of Reclamation, Mining and Safety or OSM cannot act before <br />environmental harm or damage occurs. <br />B. Need for the Proposed Action <br />Under the Mineral Leasing Act of 1920, the Secretary, acting through the Assistant Secretary, <br />Land and Minerals Management, must approve, approve with conditions, or disapprove the <br />mining plan modification for Federal leases C-0123476, C-29225, and C-29226. <br />C. Alternatives Considered <br />• <br />The alternatives considered were: <br />-2- <br />