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• The total proposed COC-60941 modification area is 160 acres. The application area is located <br />in La Plata County, Colorado (see maps 1 and 2). The surface is privately owned and the coal <br />rights are reserved to the United States. <br />Authorizing Actions and Agency Involvement <br />In response to the modification application submitted by National King Coal, LLC the Bureau of <br />Land Management is responsible for the following actions: <br />1. The authorized officer may modify the lease to include all or part of the lands applied for <br />if it is determined that: (a) the modification serves the interests of the United States; (b) there is <br />no competitive interest in the lands or deposits; and (c) the additional lands or deposits cannot <br />be developed as part of another potential or existing independent operation. <br />2. The lands applied for shall be added to the existing leases without competitive bidding, <br />but the United States shall receive the fair market value of the lease of the added land. <br />3. A lease modification shall not be made until the authorized officer has complied with the <br />43 CFR 3425.3 requirement to prepare an environmental assessment or environmental impact <br />statement of the proposed lease area. <br />The Office of Surface Mining Reclamation and Enforcement (OSM) has agreed to cooperate in <br />• preparing this EA. In addition, OSM has jurisdiction in recommending approval of any mining <br />plan modifications that might result from BLM's leasing decision. <br />The Surface Mining Control and Reclamation Act of 1977 (SMCRA) gives OSM primary <br />responsibility to administer programs that regulate surface coal mining operations on federal lands <br />and the surface effects of underground coal mining operations on federal lands. Pursuant to <br />Section 503 of SMCRA, the Colorado Division of Minerals and Geology (DMG) developed, and <br />the Secretary of the Interior approved, a permanent program authorizing Colorado DMG to <br />regulate surface coal mining operations and surface effects of underground coal mining on <br />non-federal lands within the State of Colorado. In September 1982, pursuant to Section 523(c) <br />of SMCRA, Colorado DMG entered into a cooperative agreement with the Secretary of the <br />Interior authorizing Colorado DMG to regulate surface coal mining operations and surface effects <br />of underground mining on federal lands within the state. <br />Pursuant to the cooperative agreement, federal coal leaseholders in Colorado must submit permit <br />application packages to OSM and Colorado DMG for proposed mining and reclamation <br />operations on federal lands in the State. <br />Colorado DMG reviews the packages to ensure that the permit application complies with the <br />permitting requirements and that the coal mining operation will meet the approved permanent <br />• 2 <br />