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Annual Report and Reporting Periods
Section 706 of SMCRA requires that OSM issue an annual report concerning both OSM and State activities under the Act.
OSM develops this report from information it gathers for individual evaluation reports of both regulatory and AML
programs in the States and on Indian lands.
Beginning with 2004, the annual reporting period for regulatory programs in primacy States commences July 1
of each year and extends through June 30 of the following year.
The annual reporting period for regulatory programs in Federal Program States and on Indian lands coincides with
the Federal fiscal year; i.e., October 1 through September 30.
The annual reporting period for AML reclamation programs generally coincides with the Federal fiscal year as well.
Return to top page of Annual Reports for States and Tribes
Abandoned Mine Land Reclamation Program
The AML reclamation program, which is funded by fees that operators pay on each ton of coal mined, reclaims land and
water resources adversely affected by mining operations conducted prior to August 3, 1977. Section 405 of SMCRA
authorizes the States, the Crow and Hopi Tribes and the Navajo Nation to develop AML reclamation plans and, once OSM
approves those plans, to receive grants for conducting reclamation activities on eligible lands and waters. As of 2007,
23 States (all the primacy States except Mississippi) and three Indian Tribes (the Crow and Hopi Tribes and the Navajo
Nation) administer approved AML reclamation programs.
Return to top page of Annual Reports for States and Tribes
Regulatory Program
This program has five major components:
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Criteria and procedures for designation of areas as unsuitable for mining;
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Performance standards governing the conduct of surface coal mining and reclamation operations;
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Detailed permitting requirements and procedures to ensure that mining and reclamation operations are located and designed
to achieve the performance standards and other requirements of the Act and regulations;
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A requirement that the permittee post a performance bond to provide a financial guarantee for completion of the
reclamation plan if the permittee defaults on reclamation obligations; and
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Mandatory inspection and enforcement requirements to ensure that the regulatory authority monitors and secures permittee
compliance with performance standards and permit provisions.
Section 101 of SMCRA specifies that the primary governmental responsibility for regulating surface coal mining and
reclamation operations should rest with the States. To achieve primary regulatory responsibility, often referred to as
primacy, a State must develop and obtain Office of Surface Mining (OSM) approval of a regulatory program
that is consistent with SMCRA and the implementing Federal regulations. OSM’s principal roles in a State with an
approved regulatory program are to monitor the State’s performance in implementing its approved regulatory program and to
assist the State in implementing its responsibilities. As of 2007, 24 coal-producing 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 and Wyoming.
Some States with coal reserves have elected not to develop their own regulatory programs. These States are called
Federal Program States, and their coal mining and reclamation operations are regulated by OSM. As of
2007, Tennessee and Washington are the only two Federal Program States with active coal mining operations.
In addition, as provided in section 710 of SMCRA, OSM directly regulates all surface coal mining and reclamation
operations on Indian lands. In 2007, the Crow, Hopi and Ute Mountain Ute Tribes and the Navajo Nation
have coal-mining activities on their lands. The SMCRA Amendments Act of 2006 includes provisions authorizing Indian
Tribes to attain primacy in whole or in part for the regulation of surface coal mining and reclamation operations on
reservation lands. In 2007, OSM began developing regulations to implement this new law. In accordance with the Energy
Policy Act of 1992, OSM previously has provided grants to the Crow, Hopi and Northern Cheyenne Tribes and the Navajo
Nation to assist them in developing their own regulatory programs and to assist OSM with inspections, permitting
activities, mine plan review and bond release.
Return to top page of Annual Reports for States and Tribes
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Reports posted in previous years may
be posted in Microsoft Word or Microsoft Excel formats. To download the PDF files, you will need software from
Adobe. If you need assistance with downloading the Adobe Reader, select the