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1 Rule, including the Tongass Amendment. The effective date of this injunction is September 20, 2006." She further clarified on November 29, 2006 that 1) the RACR would apply to any and all mineral leases in IRAs on NFS lands (not affected by the Tongass Amendment) that were issued after January 12, 2001, 2) the Forest Service was enjoined from approving or allowing any surface use of a mineral lease issued after January 12, 2001 that had not already commenced on the ground and which would violate the RACR, and 3) the order did not apply to roads that had already been constructed or reconstructed on lease parcels pursuant to approved surface use plans of operation, or to leases that carried a `no surface occupancy' condition prohibiting road construction that would be in violation RACR. The Forest Service management of IRAs is currently guided by Interim Directive No. 1920-2006-1. This interim directive guides where decision authority lies dependent upon the individual forest unit situation with respect to forest plan revision, completion of a forest- scale Roads Analysis Procedure, whether a project involves road construction in an IRA, and if the project requires an EIS. The GMUG has aForest-Scale Roads Analysis Procedure completed, however does not have a revised Forest Plan. Under the terms of the Directive, the decision authority for this project lies with the Forest Supervisor. However, because this project requires an EIS and includes proposed road construction in an IRA, the Purpose of and Need for the Proposed Action must be approved by the Regional Forester. On January 18, 2007 the Regional Forester for the Rocky Mountain Region approved the Purpose of and Need for the Proposed Action. Based on these legal requirements, considera- tion must be given to MCC's request for mine- related operations in an IRA, and whether such activities can be conducted in a manner con- sistent with the RACR. Chapter 2, Proposed Action contains a discussion of project activities consistent with the RACR, and Chapter 3 displays the effects on activities in IRA. Energy Policy Act of 2005 The Energy Policy Act has sections specifically related to federal coal reserves, however this legislation is directed at performing inventories on coal reserves, and does not contain specific direction related to project-level coal program decisions. Special Use Authorizations The Forest Service is authorized to issue Special Use Permits for the commercial use or occupancy of roads, trails, areas, and fences and other improvements (36CFR Ch II 261.1 a and 261.10). Forest Plan The GMUG Forest Plan and the BLM Uncompahgre Basin RMP, made provisions for coal leasing subject to the application of the coal unsuitability criteria established in 43 CFR 3461. The GMUG Forest Plan also provided for applicable stipulations to be utilized for protection of specific surface resources as addressed in Section III, General Direction, pages 63-69. The coal leases involved with this project were duly leased with application of the Unsuitability Criteria. The GMUG Forest Plan guides natural resource management activities and establishes management standards and guidelines. The following multiple use management area prescriptions are designated for the lands bounded by the project area: SA -Emphasis on big game winter range in non-forest areas. Semi-primitive motorized and non-motorized and roaded natural recreation opportunities. Vegetation treatments will enhance plant and animal diversity (favoring wildlife habitat). 6B -Emphasis on management for livestock grazing. Range condition is maintained through use of forage improvement practices, livestock management, and regulation of other resource activities. i 1 1 8 Deer Creek Ventilation Shaft and E Seam Methane Drainage Wells DEIS ,