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§ 906.30 <br />(d) Applicable requirements of the MMS's <br />30 CFR part 211 regulations pertaining to the <br />Mineral Leasing Act requirements unless <br />previously submitted to the MMS; and <br />(e) Applicable requirements of the ap- <br />proved Program and other Federal laws in- <br />cluding, but not limited to, those identified <br />in 30 CFR Chapter VII, Subchapter D, and ap- <br />pendix A of this Agreement. <br />8. The MLRD shall assume primary respon- <br />sibility pursuant to sections 510(x) and 523(c) <br />of the Act for the analysis, review, and ap- <br />proval of the permit application or applica- <br />tion for a permit revision or renewal accord- <br />ing to the standards of the approved Pro- <br />gram. The Director shall assist the MLRD in <br />the analysis of the permit application or ap- <br />plication for a permit revision or renewal <br />and coordinate with the other appropriate <br />Federal agencies as specified by the Sec- <br />retary according to the procedures set forth <br />in appendix B. The Department shall concur- <br />rently carry out its responsibilities which <br />cannot be delegated to the State under the <br />MLA, National Environmental Policy Act <br />(NEPA), and other public laws (including, <br />but not limited to, those in appendix A) ac- <br />cording to the procedures set forth in appen- <br />dix B so as, to the maximum extent possible, <br />not to duplicate the responsibilities of the <br />State as set forth in this Agreement and the <br />Program, The Secretary shall consider the <br />Information submitted in the permit applica- <br />tion package and, when appropriate, make <br />the decisions required by the Act, MLA, <br />NEPA and other public laws as described <br />above. <br />9. As a matter of practice the Department <br />will not independently initiate contacts with <br />the applicant regarding permit application <br />packages or applications for permit revisions <br />or renewals. However, the Department re- <br />serves the right to act independently of the <br />MLRD to carry out its statutory responsibil- <br />ities under the Act, MLA, NEPA and other <br />public laws provided, however, that the De- <br />partment shall send copies of all relevant <br />correspondence to the MLRD. <br />10. The MLRD shall maintain a file of all <br />original correspondence with the applicant <br />and any information received from the appli- <br />cant which may have a bearing on decisions <br />regarding the permit application or applica- <br />tion for a permit revision or renewal. <br />11, OSM shall have access to MLRD files <br />for mines on Federal lands. MLRD will pro- <br />vide OSM copies of information OSM deems <br />necessary. <br />12. To the fullest extent allowed by State <br />and Federal law, the Director and MLRD <br />shall cooperate so that duplication will be <br />eliminated in conducting the review and <br />analysis of the permit application package <br />or application for a permit revision or re- <br />newal. <br />30 CFR Ch. VIl (7 -1 -11 Edition) <br />ARTICLE VII: INSPECTIONS <br />13. The MLRD shall conduct inspections on <br />Federal lands and prepare and file inspection <br />reports in accordance with the Program. <br />14. The MLRD shall, subsequent to con- <br />ducting any inspection, and on a timely <br />basis, file with the Director a copy of each <br />Inspection report. Such report shall ade- <br />quately describe (1) the general conditions of <br />the lands under the permit; (2) the manner in <br />which the operations are being conducted; <br />and (3) whether the operator is complying <br />with applicable performance and reclama- <br />tion requirements. <br />15. The MLRD will be the point of contact <br />and primary inspection authority in dealing <br />with the operator concerning operations and <br />compliance with the requirements covered <br />by this Agreement, except as described here- <br />inafter. Nothing in this Agreement shall pre- <br />vent Federal inspections by authorized Fed- <br />eral or State agencies for purposes other <br />than those covered by this Agreement. The <br />Department may conduct any inspections <br />necessary to comply with 30 CFR parts 842 <br />and 743, as part 743 relates to obligations <br />under laws other than the Act. <br />16. OSM shall ordinarily give the MLRD <br />reasonable notice of Its intent to conduct an <br />Inspection under 30 CFR 842.11 in order to <br />provide State Inspectors with an opportunity <br />to join in the inspection. When OSM is re- <br />sponding to a citizen complaint of an immi- <br />nent danger to the public health and safety <br />or significant, imminent environmental <br />harm to land, air or water resources, pursu- <br />ant to 30 CFR 842.11(b)(1(11)(C), it will con- <br />tact MLRD no less than 24 hours prior to the <br />Federal inspection, if practicable, to facili- <br />tate a joint Federal/State inspection. All cit- <br />izen complaints which do not involve an im- <br />minent danger shall be referred to MLRD for <br />action. The Secretary reserves the right to <br />conduct inspections without prior notice to <br />MLRD to carry out his responsibilities under <br />the Federal Act. <br />ARTICLE VIII:. ENFORCEMENT <br />17. MLRD shall be the primary enforce- <br />ment authority under the Act concerning <br />compliance with the requirements of this <br />Agreement and the Program. Enforcement <br />authority given to the Secretary under other <br />laws and orders including, but not limited <br />to, those listed in appendix A is reserved to <br />the Secretary. <br />18. During any joint inspection by OSM <br />and MLRD, MLRD shall have primary re- <br />sponsibility for enforcement procedures, in- <br />cluding issuance of orders of cessation, no- <br />tices of violation, and assessment of pen- <br />alties. The MLRD shall consult OSM prior to <br />issuance of any decision to suspend or revoke <br />a permit. <br />19. During any inspection made solely by <br />OSM or any joint inspection where the <br />500 <br />