OFFICE OF SURFACE MINING RECLAMATION & ENFORCEMENT For Release September 14, 1992 Alan Cole (202) 208-2719 UTAH SIGNS ROADS AGREEMENT WITH OSM The State of Utah and the Interior Department's Office of Surface Mining Reclamation and Enforcement (OSM) have formalized an agreement that clarifies how roads are to be regulated under the Surface Mining Control and Reclamation Act (SMCRA). The agreement was signed September 4, 1992, by Harry M. Snyder, Director of OSM, and Dr. Dianne R. Nielson, Director of Utah's Division of Oil, Gas & Mining. Under the agreement, Utah will dismiss a court suit it filed against OSM in January 1992 over the haul roads issue, while withdrawing a disputed state policy concerning roads. Utah also agrees to amend its approved surface mining program so as to include a definition of roads that corresponds to the federal definition. For its part, OSM agrees that, until further rulemaking is undertaken concerning regulation of roads, it will not require Utah coal mine operators with valid permits to revise or amend their permits with regard to existing roads. "This agreement not only resolves differing interpretations of what the surface mining law says about roads, but also strengthens the environmental partnership between Utah and the federal government," Snyder said. "That's an important relationship, because OSM and the public depend on primacy states like Utah to enforce the surface mining law, with appropriate 'federal support." Dr. Nielson commented: "Settling the roads question solidifies our confidence in OSM's oversight, contributing substantially to regulatory stability in Utah." OSM administers national standards under SMCRA requiring environmental protection during coal mining and reclamation, and reclaims pre-1977 abandoned mine lands. The agency provides support and oversight for approved state regulatory and reclamation programs, and directly carries out such activities on federal and Indian lands. OSM was established in the Interior Department in 1977 under authority of SMCRA. The Utah Division of Oil, Gas & Mining carries out a number of regulatory responsibilities involving energy and mineral production in Utah, including the environmental regulation of coal mining. The Division is the official regulatory authority for administering Utah's approved program of coal mine permitting, inspections, and enforcement under SMCRA. -DOI-