Regulating Active Coal Mines
Title V of the Surface Mining Control and Reclamation Act
Protecting the Environment
The Surface Mining Control and Reclamation Act (SMCRA) of 1977 balances the need to protect the environment from the adverse effects of surface coal mining with the Nation's need for coal as an essential energy source. SMCRA ensures that coal mining operations are conducted in an environmentally responsible manner and that the land is adequately reclaimed during and following the mining process.
Until a State or Tribe demonstrates the ability to manage a regulatory program that complies with all SMCRA requirements (30 CFR Chapter VII), OSMRE is the primary regulator of coal mining operations in the United States.
When a State or Indian Tribe submits and receives approval of its proposed regulatory program, it becomes the primary regulator within that State or reservation lands. In obtaining primacy, the State or Tribes assumes responsibility over permitting, inspection, and enforcement activities. OSMRE then provides oversight of the implementation of the regulatory program.
OSMRE also partners with States and Indian Tribes to support regulatory programs with grant funding and technical assistance.
Resources
- Applicant/Violator System (AVS)
- Coal Reclamation Fee Report
- ODocs Oversight Documents Database
- Reclamation Costs Performance Bonds
- Recent Regulatory Grant Distributions
Frequently Asked Question
Currently, 24 States have primacy:
- Alabama
- Alaska
- Arkansas
- Colorado
- Illinois
- Indiana
- Iowa*
- Kansas
- Kentucky
- Louisiana
- Maryland
- Mississippi
- Missouri
- Montana
- New Mexico
- North Dakota
- Ohio
- Oklahoma
- Pennsylvania
- Texas
- Utah
- Virginia
- West Virginia
- Wyoming
*There is active coal mining within all these States except Iowa.
At present, no Tribes have primacy. OSMRE directly regulates all surface coal mining and reclamation operations on Indian lands, with Tribal input, consultation, and assistance.
Section 523(a) of SMCRA requires the Secretary to establish and implement a Federal regulatory program applicable to all surface coal mining and reclamation operations taking place on Federal lands.
Through cooperative agreements, the Secretary may delegate the administration of most surface coal mining requirements for the Federal lands program to States with an approved regulatory program.
Currently, the Secretary has entered into cooperative agreements with 14 States:
- Alabama
- Colorado
- Illinois
- Indiana
- Kentucky
- Montana
- New Mexico
- North Dakota
- Ohio
- Oklahoma
- Utah
- Virginia
- West Virginia
- Wyoming
If a State does not adopt its own regulatory program, pursuant to section 503 of SMCRA, then OSMRE directly regulates surface coal mining and reclamation activities on non-Federal, non-Indian lands within a State.
OSMRE currently operates Federal programs in 12 States:
- Arizona
- California
- Georgia
- Idaho
- Massachusetts
- Michigan
- North Carolina
- Oregon
- Oklahoma
- Rhode Island
- South Dakota
- Tennessee*
- Washington
*Only Tennessee has active coal mines.