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<br />regulatory authority. SIvICRA § 523(a); 30 C.F.R. § 740.5 (defuvtion of "regulatory <br />authority") <br />That arrangement changed in 1982, however, when the Cooperative Agreement <br />was signed. First, the state became the regulatory authority on federal lands in Colorado, <br />and OSNi was no longer the regulatory authority. SMCRA § 523(c); 30 C.F.R. § 906.30, <br />Art. I, ¶ 1 and § 740.5 (defmition of "regulatory authority"). Second, the Colorado State <br />Program became 1~ SMCRA program applicable to federal lands in Colorado. 30 <br />C.F.R. § 906.30 Art. I, ¶ 2 (defmition of "Program") and Art. III, ¶ 4. More importantly, <br />the Federal Lands Program no longer applied to federal lands in Colorado. SMCRA § <br />523(b) ("The requirements of ...the Federal lands program or an approved State <br />program for State regulation ... on Federal lands under subsection (c) of this section, <br />whichever is applicable, ... " (emphasis added)). <br />Accordingly, OSM's position is in error because it ignores the new arrangement <br />created by the Cooperative Agreement whereby only the Colorado State Program applies <br />to federal lands. In particular, OSM disregards the introductory phrase of Section 523(b) <br />which provides that only one of the two programs can apply on federal lands, and <br />pazagraphs 2 and 4 of the Cooperative Agreement which provide that the Colorado State <br />Program applies. <br />II. OSM's Position on Its Enforcement Authority Also Conflicts With SMCRA's <br />Legislative History and OSM's Regulations Regarding Its Oversight <br />Enforcement Role. <br />OSM's claim to authority to issue the NOV without a prior TDN under 30 C.F.R. <br />§843.12(a)(1) derives from Section 521(a)(3) of SMCRA. 30 U.S.C. § 1271(a)(3). <br />Section 521(a)(3) authorizes OSM to issue a notice of violation without any prior notice <br />to the state regulatory authority based on an enforcement inspection in five situations: <br />roisar, rayr. <br />3 <br />