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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 />public or the environment exists (Tr.-I, 103), the cooperative <br />agreement gives OSM oversight authority and allows it to act only <br />after it has given the state the opportunity to act and the state <br />has failed to do so without good cause. Thus, the inspection <br />done by OSM in the present case was not pursuant to enforcement <br />of a federal program. Consequently, the first provision concern- <br />ing enforcement of federal programs in which OSM may act without <br />allowing the state to act first is inapplicable. In this case, <br />the second provision applied and OSM was required to give the DMG <br />ten days of notice prior to issuing its own NOV. By failing to <br />comply with the procedures set forth in 30 C.F.R. §§ <br />-8- <br />