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ENFORCE30425
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ENFORCE30425
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Entry Properties
Last modified
8/24/2016 7:42:38 PM
Creation date
11/21/2007 12:37:17 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1980006
IBM Index Class Name
Enforcement
Doc Date
10/7/1994
Doc Name
APPLICATION FOR REVIEW & APPLICATION FOR TEMPORARY RELIEF
Violation No.
TD1994020352002TV1
Media Type
D
Archive
No
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A Federal program for a state in which there is no approved state program <br />or state regulatory authority, pursuant to Section 504(a), 30 U.S.C. <br />§ 1254(a); <br />2. A Federal Lands Program pursuant to Section 523(a); <br />The interim program under Section 502, 30 U.S.C. § 1252; <br />4. Federal enforcement of a State program where the State is not doing so <br />under Section 504(b); and <br />During proceedings to revoke an approved state program under <br />Section 521(b), 30 U.S.C. §1271(b). <br />The House Report on H.R. 2, which was enacted as SMCRA in lieu of the Senate <br />counterpart 5.7, described the authority granted in Section 521(a)(3) as follows: <br />Where the Secretary is the re ulatorv authority or Federal <br />inspection is being conducted pursuant to sections 502, <br />504(b) or subsection (b) of section 521, and a Federal <br />inspector determines that a permittee is violating the act or his <br />permit but that the violation is not causing imminent <br />danger... ,then the inspector must issue a notice to the <br />permittee setting a time within which to correct the violation. <br />(Emphasis added.) <br />H.R. Rep. No. 95-218 at 130; 1977 U.S.C.C.A.N., at 662 (copy attached at Tab 1). The <br />underscored phrase clearly refers to inspections enforcing a Federal program or the <br />Federal Lands Program, because the other three circumstances in which Section 521(a)(3) <br />applies were specifically listed. This means Congress intended that OSM's authority to <br />issue notices of violation under Section 521(a)(3) while enforcing the Federal Lands <br />Program endured only so long as it was the "regulatory authority." OSM was the <br />regulatory authority on federal lands in Colorado until the Cooperative Agreement was <br />signed, when the DMG's predecessor became the regulatory authority on federal lands. <br />30 C.F.R. §740.5 (defuution of "regulatory authority"). OSM's authority under Section <br />521(a)(3) in Colorado expired with that change in 1982. <br />iaaao-i. ~avw 4 <br />
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