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FS Agreement # 13 -MU- 11020400 -028 <br />DNR Agreement # _ <br />Memorandum of Understanding <br />Between <br />United States Department of Agriculture, Forest Service <br />Grand Mesa Uncompahgre and Gunnison Forests <br />and the <br />State of Colorado, Department of Natural Resources <br />as a Cooperating Agency <br />I. Introduction <br />This Memorandum of Understanding (MOU) establishes a cooperating agency relationship <br />between the USDA - Forest Service's Grand Mesa, Uncompahgre, and Gunnison Forests <br />(Forest Service) and the State of Colorado, Department of Natural Resources (DNR), for <br />the purpose of preparing an environmental analysis to analyze the Federal Coal Lease <br />Modification COC -70615 as applied for by Oxbow Mining, LLC for the Elk Creek Mine, in <br />Gunnison County, CO. Since the land surface of the federal coal lease modifications is <br />National Forest System (NFS) lands, the USFS is the lead federal agency for development <br />of the analysis. The Forest Service acknowledges that the Cooperator has responsibilities <br />and special expertise applicable to the environmental analysis, as defined at 40 CFR <br />1501.6, 1508.5 and 1508.26. This MOU describes responsibilities and procedures agreed <br />to by DNR as a Cooperating Agency and the USFS ( "the Parties "). <br />The cooperating agency relationship established through this MOU shall be governed by <br />all applicable statutes, regulations, and policies, including the Council on Environmental <br />Quality's National Environmental Policy Act (NEPA) regulations (in particular, 40 CFR <br />1501.6 and 1508.5). <br />II. Purpose <br />The purposes of this MOU are: <br />A. To designate DNR as Cooperating Agency in the environmental analysis process. <br />B. To provide a framework for cooperation and coordination between the Forest <br />Service and the Cooperator that will ensure successful completion of the analysis <br />in a timely, efficient, and thorough manner. <br />C. To recognize that the Forest Service is the lead agency with responsibility for <br />the completion of the analysis. <br />D. To describe the respective responsibilities, jurisdictional authority, and <br />expertise of each of the Parties in the planning process. <br />III. Authorities for the MOU <br />A. The authorities for the Parties to enter into and engage in the activities <br />described within this MOU include, but are not limited to: <br />1. National Environmental Policy Act of 1969 (42 U.S.C. 43 21 et seq.) <br />