Office of Surface Mining Reclamation and Enforcement

Mission Ensure that coal mines are operated in a manner that protects citizens and the environment during mining and assures that the land is restored to beneficial use following mining

Mitigate the effects of past mining by aggressively pursuing reclamation of abandoned coal mines

Authority Surface Mining Control and Reclamation Act of 1977 (SMCRA)

30 CFR Chapter VII (Part 700 to End)

Details www.osmre.gov

OSM Programs

Regulation of Active Coal Mining

• State Programs (State administered)

• Federal Programs for States (OSM administered)

• Indian Lands Program (OSM administered)

• Federal Lands Program (State lead under DOI-State Cooperative Agreements)

Abandoned Mine Land (AML) Reclamation

• State and Indian AML Programs (State/Tribe administered)

• Federal Reclamation Program (OSM administered)

• Emergency Program (State or OSM administered)

AML Reclamation

OSM Organization

SMCRA Regulatory FunctionsPermitting

• Permit Application Processing

• Public and Agency Participation

• Findings, Decision, Bonding

SMCRA Regulatory FunctionsPermitting

• Permit Application Processing

• Public and Agency Participation

• Findings, Decision, Bonding

SMCRA Regulatory FunctionsPermitting

• Permit Application Processing

• Public and Agency Participation

• Findings, Decision, Bonding

Inspection and Enforcement

• Compliance with Permit & Performance Standards

• Reclamation Completion

• Bond Release

SMCRA Regulatory FunctionsPermitting

• Permit Application Processing

• Public and Agency Participation

• Findings, Decision, Bonding

Inspection and Enforcement

• Compliance with Permit & Performance Standards

• Reclamation Completion

• Bond Release

Unsuitability Determinations

• Federal Lands Review

• Petitions

SMCRA and National Park ServiceSURFACE COAL MINING OPERATIONS

MAY NOT BE CONDUCTED ON

Prohibited Lands -

• The National Park System

• National Recreation Areas designated by Congress

• The Wild and Scenic Rivers System

• Within 300 feet of public parks

Limited Lands -

• where operations would adversely affect a public park unless the park authority jointly approves the operations

SMCRA and National Park ServiceSURFACE COAL MINING OPERATIONS

MAY NOT BE CONDUCTED ON

Prohibited Lands -

• The National Park System

• National Recreation Areas designated by Congress

• The Wild and Scenic Rivers System

• Within 300 feet of public parks

Limited Lands -

• where operations would adversely affect a public park unless the park authority jointly approves the operations

UNLESS the operator has Valid Existing RightsUNLESS the operator has Valid Existing Rights

SMCRA and National Park Service

Exploration

Exploration is allowed on prohibited and limited lands (e.g., within a National Park) if the operator obtains a permit

Regulatory Authorities must notify land owners and agencies with jurisdiction and provide opportunity for comment

Operators must:

• Describe their right to enter and explore

• Consult landowner and agency with jurisdiction

• Minimize interference with the values of the land

Permitting

Regulatory authority must:

• Notify agencies with an interest in an operation (e.g., NPS), in writing, of permit applications received and provide time for comments, objections, or requests for informal conferences

• Request written approval or objection by the Park authority if operations may adversely affect a public park—the Park authority must respond in 30 days or request an additional 30 days—failure to object in time is considered approval

• Conduct informal conferences, if requested

SMCRA and National Park Service

SMCRA and National Park Service

Operations and Reclamation

Operations are inspected at least monthly

Operators must conduct operations as described and approved in the permit application and must comply with performance standards

Permits are reviewed at mid-term of the permit