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• The Surface Mining Control and Reclamation Act of 1977 (SMCRA) gives OSM primary <br />responsibility to administer progams that regulate surface coal mining operations on Federal <br />lands. Pursuant to Section 503 of SMCRA, the Colorado Division of Minerals and Geology <br />developed, and the Secretary of the Interior approved, a permanent program authorizing the <br />Colorado Division of Minerals and Geology to regulate surface coal mining operations and the <br />surface effects of undergound coal mining on non-Federal lands within the State of Colorado. <br />In September 1982, pursuant to Section 523(c) of SMCRA, the Colorado Division of Minerals <br />and Geology entered into a cooperative ageement with the Secretary of the Interior authorizing <br />the Colorado Division of Minerals and Geology to regulate surface coal mining operations and <br />the surface effects of underground coal mining on Federal lands within the State of Colorado. <br />Pursuant to the cooperative ageement, Federal coal lease holders in Colorado must submit a <br />permit application package to OSM and the Colorado Division of Minerals and Geology for <br />proposed mining and reclamation operations on Federal lands in the State. The Colorado <br />Division of Minerals and Geology reviews the permit application package to ensure that it <br />complies with the permitting requirements and that the coal mining and reclamation operations <br />will meet the approved permanent program's performance standards. If it does comply, the <br />Colorado Division of Minerals and Geology issues the applicant a permit to conduct coal mining <br />and reclamation operations. OSM, the Bureau of Land Management, and other Federal agencies <br />review the permit application package to ensure that it complies with the terms of the Federal <br />coal lease; the requirements of the Mineral Leasing Act of 1920; the National Environmental <br />Policy Act of 1969; and other Federal laws and their attendant 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 Minerals and Geology <br />enforces the performance standards and permit requirements during the mine's operation and has <br />primary authority in environmental emergencies. OSM retains oversight responsibility for this <br />enforcement. The Bureau of Land Management has authority in emergency situations where the <br />Colorado Division of Minerals and Geology or OSM cannot act before environmental harm or <br />damage occurs. <br />B. Need for the Proaosed 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 lease C-1362. <br />C. Alternatives Considered <br />The alternatives considered were: <br />Approve, Approve with conditions, or Disapprove. The No Action altemative was not <br />considered a viable alternative because of the requirements of existing law. <br />-2- <br />