2012-03-30_REVISION - C1980004 - Laserfiche WebLink

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Surface Mining Reclamation and Enforcement, Interior appealable, shall be appealed to the State re- viewing authority. Orders and decisions issued by the Department that are appeal- able, shall be appealed to the Department of the Interior's Office of Hearings and Appeals. ARTICLE IV: REQUIREMENTS FOR AGREEMENT 5. The Governor and the Secretary affirm that they will comply with all of the provi- sions of this Agreement and will continue to meet all the conditions and requirements specified in this Article. A. Responsible Administrative Agency: The MLRD shall be responsible for administering this Agreement on behalf of the Governor on Federal lands throughout the State. The As- sistant Secretary for Energy and Minerals, or designee, shall administer this Agreement on behalf of the Secretary in accordance with the regulations in 30 CFR Chapter VII. B. Authority of State Agency: The MLRD has and shall continue to have the authority under State law to carry out this Agree- ment. C. Funds: Upon application by the MLRD and subject to appropriations, the Depart- ment shall provide the State with the funds to defray the costs associated with carrying out responsibilities under this Agreement as provided in section 705(c) of the Act and 30 CFR 735,16, If sufficient funds have not been appropriated to OSM, OSM and MLRD shall promptly meet to decide on appropriate measures that will insure that mining oper- ations are regulated in accordance with the Program. If agreement cannot be reached, then either party may terminate the Agree- ment. Funds provided to the State shall be ad- justed in accordance with Office of Manage- ment and Budget Circular A -102, Attachment E. D. Reports and Records: The MLRD shall make annual reports to the Director of OSM (Director) containing information with re- spect to compliance with the terms of this Agreement, pursuant to 30 CFR 745.12(c), The MLRD and the Director shall exchange, upon request, except where prohibited by Federal law, information developed under this Agree- ment. The Director shall provide the MLRD with a copy of any final evaluation report prepared concerning State administration and enforcement of this Agreement. E. Personnel: The MLRD shall have the necessary personnel to fully implement this Agreement in accordance with the provisions of the Act and the approved Program. If suf- ficient funds have not been appropriated, OSM and MLRD shall promptly meet to de- cide on appropriate measures that will in- sure that mining operations are regulated in accordance with the Program. F. Equipment and .Laboratories: The MLRD shall assure itself access to equipment, lab- oratories, and facilities with which all in- spections, investigations, studies, tests, and § 906.30 analyses can he performed which are nec- essary to carry out the requirements of this Agreement. G. Permit Application Fees: The amount of the fee accompanying an application for a permit shall be determined in accordance with section 343- 110(1) Colorado Revised Statutes (CRS 1973), as amended. All permit fees shall be retained by the State and depos- ited with the State Treasurer in the General Fund. The Financial Status Report sub- mitted pursuant to 30 CFR 735.28 shall in- clude a report of the amount of fees collected during the prior State fiscal year. ARTICLE V: DEFINITIONS s. Terms and phrases used in this Agree- ment which are defined in the Act, 30 CFR parts 700, 701 and 740 and as defined in the Program shall be given the meaning set forth in said definitions. Where there is a conflict between the above referenced State and Federal definitions, the definitions used In the approved State Program will apply, except in the case of a term which defines the Secretary's continuing responsibilities under the Act and other laws. ARTICLE VI: POLICIES AND PROCEDURES: RE- VIEW OF A PERMIT APPLICATION TO CONDUCT SURFACE COAL MINING AND RECLAMATION OPERATIONS OR AN APPLICATION FOR A PER- MIT REVISION OR PERMIT RENEWAL 7. The MLRD and the Director shall re- quire an operator on Federal lands to submit a permit application package or an applica- tion for a permit revision or renewal in an appropriate number of copies to the MLRD and OSM. Any documentation or informa- tion prepared by the operator for the sole purpose of complying with the 3 -year re- quirement of section 7(c) of the Mineral Leasing Act (MLA) will be submitted di- rectly to the Minerals Management Service (MMS). If such documentation is submitted as part of a permit application, a copy of the entire package will be forwarded to the MMS by OSM. The permit application package or applica- tion for a permit revision or renewal shall be In the format required by the MLRD and in- clude any supplemental information required by the Department. The permit application package or application for a permit revision or renewal shall satisfy the requirements of 30 CFR 741.12(b) and 30 CFR 741.13, and in- clude the information required by, or nec- essary for, the MLRD and the Department to make a determination of compliance with: (a) Section 3443 -101, et seq., CRS 1973, as amended; (b) Regulations of the Colorado Mined Land Reclamation Board for Coal Mining; (c) Applicable terms and conditions of the Federal coal lease; 499