U.S. Department of the Interior
Office of Surface Mining
For immediate release				Contact: Renae Yergan-Willis
August 22, 2003						 (202) 208-2565

FEDERAL OFFICE OF SURFACE MINING TO ENFORCE PORTIONS
OF MISSOURI COAL MINING REGULATORY PROGRAM

WASHINGTON, DC -- The U.S. Office of Surface Mining (OSM) today notified Missouri that it 
will substitute federal enforcement of the state's surface mining program.  

Federal officials will immediately take over responsibility for enforcement, permitting, and 
bonding portions of the state's surface mining program, with the exception of bond forfeiture 
reclamation.  A recent review by OSM determined that Missouri has failed to provide adequate 
staff or funding to implement its coal mining regulatory program.

The Surface Mining Control and Reclamation Act (SMCRA) of 1977 created OSM to enforce 
the surface mining laws and to oversee state-run programs. Under federal regulation 30 CFF 
733.12(b), OSM is required to take over enforcement of surface mining laws when a state fails 
to properly implement its approved regulatory program. 

The Missouri Legislature appropriated funds for bond forfeiture reclamation but failed to 
provide adequate funding for the inspection, enforcement, permitting and bonding  portions of 
its program.  Although federal funding already accounts for about half of the funding of the 
state's surface mining program, those federal funds must be matched by state money.

On July 2, the Land Reclamation Program of the Missouri Department of Natural Resources' 
Air and Land Protection Division notified OSM that as of July 18 its regulatory program staff 
would be transferred to other offices. 

In an August 4 letter, OSM Director Jeffrey Jarrett notified Governor Bob Holden of Missouri 
that serious program implementation problems, if not addressed,  could require withdrawal of 
State program approval and implementation of a federal regulatory program, if not addressed. 

"Missouri must demonstrate that it has adequate funds and staff to implement, maintain and 
enforce its.program," Jarrett said.  

OSM is substituting federal enforcement, rather than withdrawing approval of Missouri's 
program at this time because the state has indicated its intent to resolve the funding and 
staffing deficiencies.  

To resume full authority for the regulatory program, the state must demonstrate its commitment 
to fully funding and hiring a sufficient number of qualified personnel to comply with all 
inspection, enforcement, permitting, and bonding requirements of the Missouri Program. 

Until the state's program is adequately supported, the OSM will: 

   *   review all new applications and issue all new permits, revisions and
       renewals;

   *   determine performance bond amounts and make decisions on requests for 
       bond release;

   *   conduct inspections of all coal mining and reclamation operations and, when
       necessary, cite violations and impose civil and criminal sanctions.


--OSM--