2007-08-17_PERMIT FILE - C1981035 (21)

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