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<br />None of those issues raise questions going to the merits of <br />the NOV so serious, substantial, difficult and doubtful, as to <br />make them a fair ground for litigation and thus for more <br />deliberative investigation. <br />A. OSM HAD AIITHORITY TO TARE DIRECT ENFORCEMENT ACTION IN THS <br />I88UANCE OF THE NOV. <br />Surface coal mining and reclamation operations on Federal <br />lands are regulated under the Federal lands program.` See SMCRA <br />§ 523; 30 C.F.R. Parts 740, 745. Where the Federal lands are in <br />a State with an approved State program, the Federal lands program <br />incorporates, with regard to those lands, the requirements of the <br />approved State program. SMCRA § 523(a). <br />Under the Federal lands program, OSM may delegate to a State <br />with an approved State program primary authority to regulate <br />surface coal mining and reclamation operations on Federal lands <br />within its•borders if OSM and the State enter into a cooperative <br />agreement. SMCRA $§ 523(a) and (c). <br />On October 6, 1982, OSM and Colorado entered into a <br />cooperative agreement. See 30 C.F.R. § 906.30. The cooperative <br />agreement provides for the regulation of operations on Federal <br />lands within Colorado consistent with the requirements of SMCRA, <br />30 C.F.R. Part 745, and the Colorado program. See 30 C.F.R. <br />§ 906.30, Art. I, para. 1; see also 30 C.F.R. § 906.30, Art. III, <br />~ Federal lands, as defined at SMCRA § 701(4), include "any <br />land, including mineral interests, owned by the United States <br />without regard to how the United States acquired ownership of the <br />land, except Indian lands ." <br />10 <br />