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Thus, OSM's claim to authority to issue the NOV to Kerr under 30 C.F.R. <br />§843.12(a)(1), and therefore under Section 52l(a)(3) of SMCRA, directly conflicts with <br />the expiration of that authority as Congress intended in 1982. <br />OSM's position also conflicts with the shift in OSM's role from duect enforcement <br />to oversight when the DMG became the regulatory authority on federal lands. At that <br />point, OSM's Federal Lands Program regulations defined the respective roles as follows: <br />Where the State is the regulatory authority under a <br />cooperative agreement, the State program shall govern <br />inspection, enforcement and civil penalty activities by the <br />regulatory authority with respect to surface coal mining and <br />reclamation operations on Federal lands, while the <br />requirements of part 842, 843 and 845... shall govern OSM <br />inspection, enforcement and civil penalty activities conducted <br />in oversight of the State program. (Emphasis added.) <br />30 C.F.R. §740.17(x)(2). This regulation has not changed since it was adopted effective <br />Mazch 18, 1983. 48 ~. ~. 6912 et seo. (February 16, 1983). The Preamble <br />explained that OSM disagreed with a comment "that proposed §740.17(a)(2)...(isJ <br />improper because OSM has specific inspection and enforcement duties on Federal lands <br />in addition to its oversight responsibilities, and because... OSM is the regulatory <br />authority [on Federal lands] under sections 512 and 523 of the Act." I~. at 6929. OSM <br />explained its disagreement as follows: <br />...the Secretary believes that delegation to States with <br />cooperative agreements of the responsibility for inspection <br />and enforcement on Federal lands is consistent with section <br />523(c) of the Act....the Secretary believes that it is the State <br />program that should be relied upon for implementation of the <br />Act's inspection and enforcement requirements. The <br />Secretar~s o ersieht will ensure that the State program is <br />properly applied... on both Federal and non-Federal lands in <br />all such states. (Emphasis added.) <br />i~ (copy attached at Tab 2) <br />io3sai. ~avD~ <br />