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1. National Environmental Policy Act of 1969 (42 U.S.C. §4321 et seq.). <br />2. Mineral Leasing Act of 1920 (30 U.S.C. §181 et seq.). <br />B. Regulations implementing the above authorities: <br />1. Council on Environmental Quality regulations (40 CFR 1501 et seq.) <br />2. Bureau of Land Management coal leasing regulations (43 CFR 3432) <br />C. The authorities of OSM and DRMS to enter into this MOU include, but are not limited to: <br />1. Surface Mining Reclamation and Control Act of 1979 <br />2. 30 CFR Part 700 to End <br />3. Colorado Surface Coal Mining Reclamation Act 34 -33 -101 et seq. <br />4. Regulations of the Colorado Mined Land Reclamation Board for Coal Mining (2 CCR <br />407 -2) <br />IV. Roles and Responsibilities <br />A. BLM Responsibilities: <br />1. As lead agency, the BLM retains final responsibility for the content of all planning and <br />NEPA documents, which include the Preliminary EA, the Final EA, and the DR. The BLM's <br />responsibilities include determining the purpose of and need for the EA, selecting alternatives for <br />analysis, identifying effects of the proposed alternatives, selecting the preferred alternative, and <br />determining appropriate mitigation measures. In meeting these responsibilities, the BLM will <br />follow all applicable statutory and regulatory requirements. <br />2. To the fullest extent consistent with its responsibilities as lead agency, the BLM will <br />consider the comments, recommendations, data, and/or analyses provided by the Cooperators in <br />the MCM EA, giving particular consideration to those topics on which the Cooperators are <br />acknowledged to possess jurisdiction by law or special expertise. <br />3. To the fullest extent practicable, after consideration of the effect such releases may have on <br />the BLM's ability to withhold this information from other parties, the BLM will provide the <br />Cooperators with copies of documents underlying the MCM EA relevant to the Cooperators' <br />responsibilities, including technical reports, data, analyses, comments received, working drafts <br />related to environmental reviews, and preliminary and final EA. <br />B. Cooperating Agency Responsibilities: <br />1. OSM and DRMS are Cooperating Agencies in this environmental analysis process and are <br />recognized to have special expertise -in the following areas: <br />a. OSM: All phases of permitting coal mining and reclamation activities. <br />b. DRMS: All phases of coal mine permitting, inspection and enforcement. DRMS will <br />participate to the extent reasonable and resources allow. <br />2. The Cooperators will provide information, comments, and technical expertise to the BLM <br />regarding those elements of the MCM EA, and the data and analyses supporting them, in which <br />they have jurisdiction or special expertise or for which the BLM requests their assistance. In <br />particular, the Cooperators will provide information on the following topics: <br />