Laserfiche WebLink
,.~ <br />coal mining on Federal lands under <br />subsection (c) of this section, <br />whichever is applicable . <br />Thus, the Colorado State Program and the Federal <br />Lands Program do not both apply to SMCRA <br />regulation on federal lands in Colorado, and the <br />Cooperative Agreement provides that the applicable <br />program is the Colorado State Program. <br />Kerr's proposed decision at 11-12 (emphasis in the <br />original). <br />Put another way, Kerr's theory is that 1) either the Federal <br />lands program or the Colorado program applies to regulate surface <br />coal mining and reclamation operations on Federal lands in <br />Colorado, but not both; and 2) OSM and Colorado entered into a <br />cooperative agreement, under which they agreed that only the <br />Colorado program applies to those operations. Kerr's theory is <br />without merit. <br />Kerr's theory is inconsistent with, and fails to reconcile, <br />SMCRA § 523(a), which states in relevant part: <br />No later than one year after the date of enactment of <br />this Act, the Secretary shall promulgate and implement <br />a Federal lands program which shall be applicable to <br />a~ surface coal mining and reclamation operations <br />taking lp ace pursuant to a~ Federal law on and Federal <br />lands except Indian lands. The Federal <br />lands program shall, at a minimum, incorporate all of <br />the requirements of this Act and shall take into <br />consideration the diverse physical, climatological, and <br />other unique characteristics of the Federal lands in <br />question. Where Federal lands in a State with an <br />approved State program are involved, the Federal lands <br />program shall, at a minimum, include the requirements <br />of the approved State program . <br />(Emphasis added.) <br />Clearly, under SMCRA § 523(a), all surface coal mining and <br />reclamation operations on Federal lands are governed by the <br />11 <br />