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including information presented by any person through a citizen complaint, that a violation of <br />SMCRA is occurring in relation to a surface coal mining operation, an inspection "shall <br />immediately" be conducted to determine whether there is, in fact, a violation. 30 U.S.C. <br />§ 1271(a)(1). To this end, OSMRE regulations implementing SMCRA specifically state that an <br />inspection must be conducted whenever there is reason to believe "that there exists a violation of <br />the [Surface Mining Control and Reclamation] Act, this chapter, the applicable program, or any <br />condition of a permit or an exploration approval[.]" 30 C.F.R. § 842.11(b)(1)(i).' OSMRE "shall <br />have reason to believe that a violation [] exists if the facts alleged by the informant would, if <br />true, constitute a [] violation[.]" 30 C.F.R. § 842.11(b)(2). See also Southern Appalachian <br />Mountain Stewards, 188 IBLA 310, 316 (Sept. 22, 2016). Here, Mr. Strand's decision fails to <br />comply with these basic requirements of SMCRA and SMCRA regulations. <br />A. Mr. Strand Failed to Review Whether the Facts Alleged by WildEarth <br />Guardians, if True, Would Constitute a Violation <br />Mr. Strand's rejection of WildEarth Guardians' request for an inspection is not based on <br />any review of the actual request for inspection and the factual allegations therein. <br />Fundamentally, his decision is not based on a review of whether WildEarth Guardians request <br />alleges facts that, if true, would constitute violations. He does not cite or reference any of the <br />factual information provided by Guardians and provides no rationale or explanation <br />demonstrating that the factual allegations in the complaint do not demonstrate a violation. <br />Consequently, his decision is not based on the standard of review required under 30 C.F.R. § <br />842.11. <br />' OSMRE's regulations further state that whenever, on the basis of an inspection, a violation of "the [Surface <br />Mining Control and Reclamation] Act, this chapter, the applicable program or any condition of a permit or an <br />exploration approval" is found, that OSMRE "shall issue a notice of violation." 30 C.F.R. § 843.12(a)(1). <br />5 <br />