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Purpose and Need Chapter 1 If the Dry Fork LBA tract were issued, the lessee or operator would be required to submit a permit application package to the USDI Office of Surface Mining Reclamation and Enforcement and the CDMG before any mining could occur on the lease tract. During this step of the process, the CDMG would evaluate needs for resource monitoring. The monitoring requirements include a water resources monitoring plan, among others. The Forest Service has a review and concurrence role during this step. The Surface Mining Control and Reclamation Act of 1977 (SMCRA), as amended, gives the USDI OSM primary responsibility to administer programs that regulate surface coal mining operations and surface effects of underground coal mining operations in the United States. Pursuant to Section 503 of SMCRA, the CDMG developed and the Secretary of the Interior approved Colorado's permanent regulatory program authorizing Colorado to regulate surface coal mining operations and the surface effects of underground coal mining on private and state lands within the state. In September 1982, pursuant to Section 523(c) of the SMCRA, Colorado entered into a cooperative agreement with the Secretary of the Interior authorizing Colorado 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 lease holders in Colorado must submit a permit application package to the USDI Office of Surface Mining Reclamation and Enforcement and CDMG for proposed mining and reclamation operations on Federal lands in the state. Colorado Division of Minerals and Geology reviews the package to ensure that the permit application complies with permitting requirements and that the coal mining operation will meet the approved permanent program's performance standards. If it does comply, CDMG issues the applicant a permit to conduct coal mining operations. USDI OSM, BLM, and other Federal agencies, including the Forest Service (if National Forest lands are involved), review the permit application package to ensure that it contains the necessary information for compliance with the coal lease; the Mineral Leasing Act of 1920, as amended; NEPA; and other applicable Federal laws and their attendant regulations. The USDI 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, the USDI OSM obtains input from BLM and the surface managing agency (if other than BLM). CDMG enforces the performance standards and permit requirements during the mine's operation and has primary authority in environmental emergencies. USDA Office of Surface Mining Reclamation and Enforcement retains oversight responsibility for this enforcement. BLM and the surface management agency (in this case the Forest Service) have authority in emergency situations in which CDMG or OSM inspectors cannot act before environmental harm or damage occurs. As part of the CDMG permitting process, a new mining operations plan or an amendment to an existing plan would be developed to show how lands in the lease 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..." The Forest Service administers its mineral program (Forest Service Manual 2800 ZERO Code - WO Amendment 2800-91-1 Page 3) to: 1. Encourage and facilitate the orderly exploration, development, and production of mineral and energy resources within the NFS 1-4 Dry Fork Lease-By-Application FEIS