OFFICE OF SURFACE MINING RECLAMATION & ENFORCEMENT For release April 25, 1996 Jerry Childress (202) 208-2719 jchildre@osmre.gov OSM ANNOUNCES REVISED "733" PROCEDURES Robert J. Uram, Director of the Interior Department's Office of Surface Mining Reclamation and Enforcement (OSM), today announced new administrative procedures OSM will follow when considering requests filed under Title 30, U.S. Code of Federal Regulations, Section 733.12(a)(2). The "733" procedures apply when problems adversely affecting a state's Interior-approved regulatory program for coal mining and reclamation lead OSM to consider withdrawing approval of the state's program, entailing loss of primacy in the state. The new procedures place overall responsibility for the process at the OSM regional level, while allowing the Regional Directorate flexibility in identifying key staff members involved in the process. Under CFR Section 733.12(a)(2), any interested person may request an evaluation of a state surface mining program. The request must set forth a concise statement of facts establishing the need for the evaluation. The OSM Director then has 60 days to determine whether an evaluation of the state program will be conducted. Uram said that a team of OSM personnel was assigned in May 1995 to develop the refined procedures, designed to assure OSM's compliance with the regulations, under terms of a settlement agreement in a case before the Interior Board of Land Appeals (National Wildlife Federation and the Citizens Coal Council versus OSM and the Virginia Coal & Coke Company). "The team did a highly commendable job," Uram said. "The new procedure will increase accountability and assist us in meeting deadlines --- thereby providing better service and better on-the-ground results." According to Uram, the procedures: # Are designed to reflect OSM's serious consideration of all requests filed under Section 733.12(a)(2) by getting key high-level officials involved in the process up front. # Establish a uniform process clearly delineating roles and responsibilities. # Enhance and maintain communications throughout the process with the interested parties and the appropriate state officials. # Establish early decision milestones to maximize the efficient use of agency procedures, so that frivolous or unsupported requests may be dismissed. Questions about the new procedures should be addressed to David Hartos, 733 Procedures Team Leader, (412) 937-2909. -DOI-