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habitat for the loggerhead shrike be avoided. <br />• Following completion of the EA for competitive coal lease application COC 53356, the Montrose District <br />Office of BLM will forward the competitive lease application, the EA, maximum economic recovery report <br />(MER-, Decision Record (DR-, Finding of No Significant Impact IFONSI-, proposed lease terms and <br />conditions, and preliminary recommendations to the BLM State Director in Denver. The Colorado State <br />Director will make a determination on the leasing action, the proposed lease terms and conditions and <br />bonding requirements, and the adequacy of the FONSI or the need for an environmental impact statement. <br />The State Director then prepares newspaper and Federal Register notices of the sale and posts a notice of <br />the proposed sale in the Public Room. The notice of the proposed sale is then distributed to the public and <br />advice of sale is sent to the Attorney General. A sales panel consisting of the Deputy State Director for <br />Mineral Resources, a BLM mining engineer, a BLM geologist, and a BLM mineral economist is then <br />designated. <br />Once the sale has been held, qualified bidders are evaluated and ranked by the sale panel which would <br />then make recommendations of acceptance to the State Director. The successful bidder is then notified of <br />additional requirements and requested to submit data and information necessary for a review by the <br />Attorney General. Once the Attorney General has completed his review, the lease documents are then <br />transmitted to the successful bidder for signature and submission of the bond. The State Director then <br />makes the decision approving the bond and issuing the lease. Copies of the decision are then distributed <br />to the BLM District Office, the Office of Surface Mining Reclamation and Enforcement and the Minerals <br />Management Service (MMSI. <br />The Office of Surface Mining Reclamation and Enforcement (O$MRE) has agreed to cooperate in preparing <br />this EA. In addition, OSMRE has jurisdiction in recommending approval of any mining plan that might <br />result from BLM's leasing decision. The BLM, though, must concur with OSMRE's recommendation to the <br />Assistant Secretary concerning the mining plan submitted to OSMRE by a successful bidder (lesseel. <br />• SMCRA gives OSMRE primary responsibility to administer programs that regulate surface coal mining <br />operations on federal lands and the surface effects of underground coal mining operations on federal lands. <br />Pursuant to Section 503 of SMCRA, the Colorado Mined Land Reclamation Division (CMLRDI developed, <br />and the Secretary of the Interior approved, a permanent program authorizing CMLRD to regulate surface <br />coal mining operations and surface effects of underground coal mining on non-federal lands within the <br />State of Colorado. In September 1982, pursuant to Section 5231c) of SMCRA, CMLRD entered into a <br />cooperative agreement with the Secretary of the Interior authorizing CMLRD to regulate surtace coal <br />mining operations and surface effects of underground mining on federal lands within the state. <br />Pursuant to the cooperative agreement, federal coal lease holders in Colorado must submit permit <br />application packages to OSMRE and CMLRD for proposed mining and reclamation operations on federal <br />lands in the State. The CMLRD reviews the packages to ensure that the permit application complies with <br />the permitting requirements and that the coal mining operation will meet the approved permanent <br />program's performance standards; if it does comply, CMLRD issues the lessee a permit to conduct coal <br />mining operations. The OSMRE, BLM, and other federal agencies review the permit application package to <br />ensure that it complies with the terms of the coal lease; the requirements of the Mineral Leasing Act of <br />1920; the National Environmental Policy Act of 1969; and other federal Taws and their attendant <br />regulations. The OSMRE recommends approval, approval with conditions, or disapproval of the mining <br />plan to the Assistant Secretary -Land and Minerals Management. Before the mining plan can be approved, <br />BLM and the surface-managing agency (if other than BLMI must concur with this recommendation. <br />The CMLRD enforces the performance standards and permit requirements during the mine's operation and <br />has primary authority in environmental emergencies. The OSMRE retains oversight responsibility for this <br />enforcement. The BLM has authority in those emergency situations where CMLRD or OSMRE inspectors <br />cannot act before significant environmental harm or damage occurs. <br />Page 2 <br />