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federal enforcement action is authorized. The first provision <br />concerns issuing an NOV on the basis of a federal inspection dur- <br />ing the enforcement of•a Federal lands program. 30 C.F.R. <br />843.12(a)(1). In this scenario, OSM need not notify the state <br />prior to issuing the NOV. <br />The second provision in which OSM may take a federal action <br />is when on the basis of an inspection other than during the en- <br />forcement of a federal program, OSM finds a viola ion and gives <br />the state ten days of notice. 30 C.F.R. 843.12(a)(2). If the <br />state fails to take appropriate action within the ten days, or to <br />show cause for such failure, OSM must reinspect and if the viola- <br />tion has continued, OSM must issue an NOV. <br />The distinction between whether the first or second <br />provision applies is significant. If no ten-day notice is re- <br />quired, OSM may immediately issue an NOV to the operator. If a <br />ten-day notice is required, OSM must notify the DMG in writing <br />whether OSM believes DMG's response to its notice is adequate. <br />If it notifies the state that its response is inadequate, the <br />state can then seek informal review by OSM's Deputy Director. <br />{30 C.F.R. § 842.11(b)(1)(iii)(A). During this informal re- <br />view process, OSM may not issue a notice of violation. 30 C.F.R. <br />§ 842.11(b)(1)(iii)(B). <br />-7- <br />