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located on federal lands. 43 C.F.R. 906.30; SMCRA 523(c). Arti- <br />cle VIII, paragraph 19 of the cooperative agreement specifies the <br />residual enforcement authority of OSM over mining operations <br />within the state and provides as follows: <br />During any inspection made solely by OSM or <br />any joint inspection where the {DMG} and <br />OSM fail to agree regarding the propriety <br />of any particular enforcement action, OSM <br />may take any enforcement action necessary <br />to comply with 30 CFR parts 843 and 845. <br />Such enforcement action shall be based on <br />the performance standards included in the <br />regulations of the approved Program, and <br />shall be taken using the procedures and <br />penalty system contained in 30 CFR parts <br />843 and 845. <br />Part 843.12 of 30 C.F.R. has two provisions regarding what <br />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 violation 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 />-6- <br />