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K Appellants <br />4 <br />"consent" to the use and occupancy of NFS lands, rather than his "concurrence" he fulfilled the <br />statutory limit of his obligation by also identifying in his decision conditions required for the use <br />and occupancy of NFS land and needed to protect the non-mineral interest in those lands in <br />conjunction with installation of the proposed MDW's. The identification of such conditions was <br />the extent of the federal action represented by his decision. The Assistant Secretary of the <br />Interior for Lands and Minerals, through the OSM, will now have the authority and responsibility <br />to evaluate and approve (or otherwise) the installation of the MDW's through modifications to <br />the existing mine plan for the West Elk Mine. None of the issues brought forth by the appellants <br />were directed at the decision to authorize changes in certain lease stipulations and to authorize <br />the construction, reconstruction and use of certain Forest Service roads and trails necessary for <br />the installation of the proposed methane drainage wells. <br />RECOMENDATION: That the Forest Supervisor be affirmed and that the Appeal <br />Deciding officer provide clarification that concurring with action to be considered <br />and decided upon by another federal agency, is not a Forest Service federal action. <br />/s/ Robert J. Leaverton <br />Robert J Leaverton <br />Appeal Reviewing Officer