OFFICE OF SURFACE MINING RECLAMATION & ENFORCEMENT For release May 28, 1996 Alan Cole (202) 208-2719 acole@osmre.gov GRANTS TO TRIBES ARE "DOWN PAYMENT" TOWARD PRIMACY, SURFACE MINING DIRECTOR SAYS Robert J. Uram, Director of the Interior Department's Office of Surface Mining Reclamation and Enforcement (OSM), today announced grants to America's four coal resource Indian tribes that are designed to prepare them for full "primacy" -- authority to enforce the Surface Mining Control and Reclamation Act (SMCRA) on tribal coal lands. Uram called the grants a "down payment" which he hopes "will assist the tribes in developing regulatory programs that will lead to primacy over surface coal mine regulation on Indian lands, on the same basis as state surface mining programs." Uram also noted that OSM is working with four tribes toward developing an amendment to SMCRA which will provide for tribal primacy. "To strengthen the tribes' capability to take on that function, we are awarding them grants authorized by the Energy Policy Act of 1992 and funded by appropriations for the current fiscal year," said Uram. "The Navajo Nation is receiving $253,413," Uram said. "The Hopi Tribe gets $121,484. The Crow Tribe is being awarded $78,790, and the Northern Cheyenne are receiving $26,313." Uram said the grant amounts are based on each tribe's anticipated workload to develop tribal regulations and SMCRA program policies, to assist OSM with surface coal mine inspections and enforcement (including permitting activities, mine plan review, and bond release), and to sponsor employment training and education in the area of mining and mineral resources. The grants were authorized by the Energy Policy Act of 1992, Uram said. Congress did not appropriate funds for that purpose until fiscal 1996, however. The Interior Department's appropriation request for fiscal 1997 includes funds for continuation of the tribal grants, he said. "OSM and the tribes have a shared commitment to the purposes of the Surface Mining Control and Reclamation Act," Uram said. "The grant funds will enable the tribes to translate that commitment into tangible actions while they start building their capability to administer the regulatory program of the surface mining act, just as 24 state governments are already doing." Three Indian tribes already have authority to operate federally funded abandoned mine reclamation programs under SMCRA, Uram noted. The Navajo, Hopi, and Crow tribes receive regular reclamation grants from OSM for that purpose. Regulation of active coal mining on Indian lands, however, is still carried out by OSM, pending amendment of SMCRA to authorize Indian primacy, and pending approval of Indian primacy programs once authorized by law. Large coal mining operations are underway on lands belonging to the Navajo Nation in Arizona and New Mexico. The Hopi Tribe has an interest as mineral owner in coal deposits that are being actively mined in Arizona. Similarly, the Crow Tribe owns coal deposits that are being mined in Montana. Coal land owned by the Northern Cheyenne in Montana could potentially be mined in the future. Primacy programs receive financial support for their annual operating costs from OSM, plus science and engineering assistance, computer screening of permit applicants, and technical training. In addition, OSM evaluates the effectiveness of primacy programs on a regular basis and retains back-up enforcement authority. Primacy programs that do not operate effectively can be taken over wholly or in part by OSM until needed corrections are made. In extreme cases, OSM can revoke a primacy program. Twenty-four coal states operate primacy programs. -DOI- OSM news releases may be downloaded from OSM's Homepage at: http://www.osmre.gov. Frequently requested information about OSM is available 24 hours a day by Fax-on-Demand at: (202)219-1703.