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of the Board of Land Appeals of the Office of Hearings and Appeals, U.S. Department of <br />the Interior. A copy of the decision is attached hereto as Exhibit A and incorporated <br />herein. <br />2. This Court has jurisdiction pursuant to subsections 526(a)(2), (b) and (c) of <br />the Act, 30 U.S.C. § I276(a)(2), (b) and (c), and 28 U.S.C. § 1331. <br />3. Venue is proper because the action concerns Kerr's Man Mine located near <br />Walden in Jackson County, Colorado. 30 U.S.C. § 1276(a)(2); 28 U.S.C. § 1391(e). <br />Parties <br />4. Kerr is a Colorado corporation and the operator and pennittee of the Marr <br />Mine. Kerr holds Permit No. C-080-006 (the "Permit") issued by the Colorado Division <br />of Minerals and Geology ("DMG") to conduct surface coal mining and reclamation <br />operations at the Mine under the Act. <br />5. Bruce Babbitt is the Secretary of the Interior who has general responsibility <br />to administer the Act for the United States. Particulazly, the Secretary has authority to <br />issue final administrative decisions granting or denying temporary relief from notices of <br />violation issued pursuant to the Act. 30 U.S.C. § 1275(c). <br />6. John H. Kelly and Will A. Irwin are Administrative Judges of the Board of <br />Land Appeals in the Office and Hearings and Appeals of the Interior Department. Thev <br />issued the Secretary's final administrative decision which is the subject of this action <br />pursuant to authority delegated by the Secretary in 30 C.F.R. §4.1101(a)(6)(1993). <br />Factual Allegations <br />7. The DMG (formerly, the Colorado Mined Land Reclamation Division) is a <br />division of the Colorado Department of Natural Resources. It became the regulatory <br />authority with primary responsibility and jurisdiction to administer and enforce the Act's <br />requirements on non-federal and non-Indian lands in Colorado when the Secretary <br />uen+-r, ion.+m~ - <br />