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In the present matter, OSM asserts that it was not required <br />to give the DMG ten days of notice because it was conducting a <br />federal inspection during the enforcement of a Federal lands pro- <br />gram, i.e., that the first provision applies, However, OSM's ar- <br />gument overlooks the very heart of the cooperative agreement and <br />undermines the very purpose of the agreement, which is to give <br />the state the program under which mining operations on federal <br />lands is regulated. <br />Just as SMCRA allows OSM to delegate to the state primary <br />enforcement authority over mining operations conducted on state <br />lands, the act allows OSM.to delegate primary authority over <br />mining operations conducted on federal lands. Through its coop- <br />erative agreement with the state of Colorado, that is just what <br />OSM has done. Accordingly, there is no Federal land program on <br />which OSM may enforce, but rather a state program which includes <br />regulation of mines located on federal lands within the state. <br />See SMCRA § 523(b) ("The requirements of this chapter and the <br />Federal lands program or an approved State program for State reg- <br />ulation of surface coal mining on Federal lands under subsection <br />(c) of this section, whichever is applicable ..."). The purpose <br />of the ten-day notice is to allow the State to implement its re- <br />sponsibilities. <br />Under the circumstances here where no imminent harm to the <br />-$- <br />