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t~eceniber `. 20~~3 Pngo 1-3 If the West Flatiron Coal LBA tract is issued, the lessee or operator would be required to submit a permit application package (PAP) to the USDI Office of Surface Mining Reclamation and Enforcement (OSM) and the Colorado DMG before any mining could occur on the lease tract. The Surface Mining Control and Reclamation Act of 1977, as amended (SMCRA) gives the OSM primary responsibility to administer programs that regulate surface coal mining operations and the surface effects of underground coal mining operations in the United States. Pursuant to Section 503 of SMCRA, the Colorado DMG developed, and the Secretary of the Interior approved, Colorado's permanent regulatory program authorizing Colorado DMG to regulate surface coal mining operations and the surface effects of underground coal mining on private and State lands within the State of Colorado. In September 1982, pursuant to Section 523(c) of SMCRA, Colorado DMG entered into a cooperative agreement with the Secretary of the Interior authorizing Colorado DMG to regulate surface coal mining operations and the surface effects of underground coal mining on Federal lands within the State. Pursuant to the cooperative agreement, Federal coal tease holders in Colorado must submit a PAP to OSM and Colorado DMG for proposed mining and reclamation operations on Federal lands in the State. Colorado DMG reviews the package to ensure that the permit application complies with the permitting requirements and that the coal mining operation will meet the approved permanent program's performance standards. If it does comply, Colorado DMG issues the applicant a permit to conduct coal mining operations. OSM, BLM, and other Federal agencies review the PAP to ensure that it contains the necessary information for compliance with the coal lease, the Mineral Leasing Act of 1920, as amended, the National Environmental Policy Act of 1969, as amended (NEPA), and other applicable Federal laws and their attendant regulations. OSM recommends approval, approval with conditions, or disapproval of the Mineral Leasing Act mining plan to the Assistant Secretary of the Interior, Land and Minerals Management. Before the mining plan can be approved, OSM obtains input from BLM and the surface managing agency (if other than BLM). Colorado DMG enforces the performance standards and permit requirements during the mine's operation and has primary authority in environmental emergencies. OSM retains oversight responsibility for this enforcement. BLM and the surface management agency have authority in emergency situations in which Colorado DMG or OSM inspectors cannot act before environmental harm or damage occurs. As part of the Colorado DMG permitting process, a new mining plan or an amendment to an existing plan would be developed to show how lands in the LBA tract would be mined and reclaimed. Specific impacts that would occur during mining would be addressed in the permit or revision, and specific measures for anticipated impacts would be identified at that time. The Multiple-Use Sustained Yield Act of 1960 declared that NFS lands are to be administered for outdoor recreation, range, timber, watershed and wildlife and fish purposes, but also expressly provides that the Act shall not be construed to affect the use or administration of mineral resources on NFS lands. The Mining and Minerals Policy Act of 1970 states in part that it is the "continuing policy of the federal government in the national interest to foster and encourage private enterprise in the development of economically sound and stable domestic mining minerals and mineral reclamation industries, ... (and) the orderly and economic development of domestic mineral resources..." Er~o'irrard~;er~,t,;j4 r`hsessment b~J`rst i=la?irc;n L'dM Tract Gwtr;ison Goun~y, Golrrat;~2