U.S. Department of the Interior Office of Surface Mining For Immediate Release: Jerry Childress (202) 208-7941 July 9, 2002 REDUCING THE SOCIAL COSTS OF ENERGY The Office of Surface Mining & SMCRA For 25 years, making the Coalfields a safer place to live and work. The United States covers only about five percent of the world's land area, yet it has one-quarter of the world's coal reserves. During the last two centuries, this abundance of coal fueled the nation's tremendous industrial growth. But that growth carried a price. For those miners fortunate enough to survive the dangers of working below ground-cave-ins, explosions, and the lingering death of black lung disease-there were plenty of dangers above ground. Land and water scarred by coal mining posed a constant threat to the health, safety, and well-being of people living in America's coal regions. Mine wastes dumped down slopes or poorly compacted on hillsides created an ever-present threat of landslides. Dangerous highwalls loomed over barren stretches of stripped earth where even weeds could not grow. The landscape was dotted with mining pits filled with polluted water, streams clogged with sediment and rivers poisoned by acid runoff from exposed coal seams. There were places in Appalachia that looked more like the moon than planet earth. It was well into the 20th century before a handful of states began to require reclamation at coal mines-returning land as much as possible to its natural condition before it was mined. Even those meager efforts were largely unsuccessful as the demand for coal increased to support the national efforts in the first and second world wars. By the mid-1900s, the advent of larger and more effective earth-moving machines made strip mining of coal more efficient than ever before. Compared to traditional underground coal mining, strip mining generally costs less, is safer for miners, and usually results in more complete recovery of the coal. Leaders in Washington came under increasing pressure from citizens and environmental advocates to develop a national program to require coal mining reclamation. On August 3, 1977, after many years of debate, President Jimmy Carter signed the Surface Mining Control and Reclamation Act-the first federal law to regulate the environmental effects of strip mining and to require the reclamation of land and water damaged by coal mining. The act also created a fund to correct health and safety problems through reclamation of abandoned mines. The law created two major programs to be carried out jointly by the states and the Federal Government. The first was an environmental protection program to establish standards and procedures for approving permits and inspecting active coal mining and reclamation operations, both surface and underground. The second was a reclamation program, financed by fees paid by active coal operators, to restore land and water at abandoned mines. Congress included provisions for prohibiting mining in sensitive areas, requirements that coal companies obtain bonds to cover the costs of reclamation in case the companies failed to meet their obligations, and provisions for citizen participation in mine permitting, inspection and enforcement. Ensuring that the surface mining act's requirements are met is the responsibility of the Department's Office of Surface Mining Reclamation and Enforcement-a small bureau of about 650 employees nationwide. Under the act, the Secretary of the Interior grants direct regulatory authority to state governments, provided they develop programs that meet certain conditions. Once a state is granted "primacy," it takes over responsibility for issuing coal mine permits, conducting inspections, and taking enforcement actions. Of the 26 coal-producing states, 24 have primacy. OSM retains regulatory authority on Indian lands, and in the coal states that do not have primacy. Though most coal states have primacy, OSM retains responsibility for monitoring states to ensure that they properly carry out their delegated authorities and require operators to meet certain minimum requirements. Through independent oversight, OSM evaluates how effectively each primacy state is administering its approved program. If the office finds serious deficiencies in a state's conduct of its program, OSM can exercise backup enforcement authority or rescind primacy and resume direct federal regulatory authority. The agency's oversight role helps states to maintain high standards, contributes to operator compliance, and maintains a level playing field so that the coal industry in any one state does not have an unfair economic advantage in interstate competition. OSM supports primacy states with training and technical assistance and by providing 50 percent of regulatory program funding. OSM also provides primacy states and Indian tribes with full funding for the reclamation of abandoned mine lands. In addition, OSM operates programs to eliminate the environmental and economic impacts of acid mine drainage from abandoned mines, encourage reforestation of reclaimed mine land, develop techniques that can ensure reclamation of prime farmland soils, and publicly recognize outstanding reclamation work. -OSM-