Department
of the Interior
Departmental
Manual
Effective
Date: 02/23/95
Series:
Organization
Part
116: Office of Surface Mining Reclamation and
Enforcement
Chapter
1: Creation, Objectives, Functions
Originating
Office: Office of Surface Mining Reclamation and
Enforcement
116
DM 1
1.1 Creation. The Office of Surface Mining Reclamation and
Enforcement (OSM) was created by the Surface Mining Control and Reclamation Act
of 1977 (SMCRA) (Public Law 95-87, 91 Stat. 445; dated August 3, 1977).
1.2 Objectives. The mission of OSM is to carry out the
requirements of SMCRA in cooperation with States and Tribes. OSM's primary objectives are to ensure that
coal mines are operated in a manner that protects citizens and the environment
during mining, the land is restored to beneficial use following mining, and the
effects of past mining are mitigated by aggressively pursuing reclamation of
abandoned coal mines.
OSM
has adopted a vision to facilitate the achievement of its mission. The vision of OSM is:
A. In
regulating active coal mining, OSM will maintain compliance at high levels and
ensure that all mines are properly operated and promptly reclaimed to the
standards established under the Act. OSM
will emphasize prevention and ensure that long-term environmental problems do
not occur. OSM will ensure that the
premining productivity of the land is restored.
B. In
reclaiming abandoned mine lands, OSM will aggressively pursue reclamation with
a primary emphasis on correcting the most serious problems related to public
health, safety, and the general welfare.
OSM will ensure maximum public benefit through the prompt and fair
distribution of public funds.
C. In
cooperating with State regulatory authorities, the primary enforcers of SMCRA,
and with Tribes, OSM will promote a shared commitment to the goals of the
Act. OSM will develop comprehensive
understandings about the fairness, effectiveness, and efficiency of SMCRA
programs. OSM will provide constructive
program reviews, oversight monitoring, and technical assistance that focus on
results. OSM will act independently to
protect the public interest in situations of imminent harm or when a State does
not implement an approved regulatory program.
D. In
dealing with those who are affected by mining and reclamation, OSM will ensure
the protection of citizens from abusive mining practices, be responsive to
their concerns, and allow them full access to information needed to evaluate
the effect of mining on their health, safety, general welfare, and property.
E. In
relations with the coal industry, OSM will have clear, fair, and consistently
applied policies and will respect the importance of coal production as a source
of the Nation's energy supply.
F. In
all communications, OSM will maintain open, courteous, constructive, and timely
dialogue and will use information to understand and improve its programs and
those of its State and Tribal partners.
G. In
demonstrating leadership in mining and reclamation, OSM will promote the development
of the highest quality technical information and research and will seek the
transfer of technology to those who would benefit.
H. In
meeting its responsibilities, OSM will be a diverse, competent, innovative, and
highly-trained work force. OSM will
serve with integrity, and demonstrate technical, legal, administrative, and
professional excellence at all times.
OSM will constantly strive to create a more responsive, efficient, and
effective process for achieving SMCRA's objectives.
1.3 Functions. The OSM, in cooperation with primacy States
and Tribes, has the responsibility for ensuring that programs are administered
for the regulation of surface coal mining operations and surface effects of
underground coal mining and for the reclamation of abandoned coal mined
lands. OSM issues regulations for the
conduct of surface mining and reclamation; reviews and recommends approval of
new State program submissions; reviews and approves amendments to previously
approved State programs, and monitors and evaluates State/Tribal regulatory
programs, cooperative agreements and abandoned mine land reclamation
programs. OSM provides
technical/non-technical and financial assistance to States/Indian Tribes for
the administration and enforcement of regulatory programs, as appropriate;
development and administration of Abandoned Mine Land (AML) Reclamation
programs; operation of the Small Operator Assistance Program (SOAP); and
administration of cooperative agreements covering Federal lands.
The
OSM develops and implements surface coal mining control and reclamation
programs in jurisdictions not covered by approved State programs, reviews
petitions to determine if Federal lands are unsuitable for mining, and conducts
inspections in response to citizen complaints.
Jurisdiction
over Federal lands and land use planning remains with the Bureau of Land
Management and other surface land managing agencies such as the United States
Forest Service.
02/23/95
#3035
Replaces
08/03/90 #2896