The United States BUDGET Department of the Interior

JUSTIFICATIONS

and Performance Information

Fiscal Year 2023 

OFFICE OF

SURFACE MINING

RECLAMATION AND

ENFORCEMENT

NOTICE: These budget

justifications are prepared

 for the Interior, Environment 

and Related Agencies 

Appropriations 

Subcommittees. Approval for 

release of the justifications 

prior to their printing in 

the public record of the 

Subcommittee hearings 

may be obtained through 

the Office of Budget of the 

Department of the Interior.

Printed on

Recycled Paper
Page Intentionally Left Blank
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Office of Surface Mining Reclamation and Enforcement i

TABLE OF CONTENTS 

EXECUTIVE SUMMARY .......................................................................................................... 1

Overview .................................................................................................................................... 1

Budget Highlights ...................................................................................................................... 6

Appropriation Language ............................................................................................................ 9

Summary of Requirements ....................................................................................................... 13

Justification of Fixed Costs and Internal Realignments ........................................................... 15

BUDGET AT A GLANCE ......................................................................................................... 17

ENVIRONMENTAL RESTORATION.................................................................................... 25

State and Tribal Funding .................................................................................................... 34

State Program Evaluation .................................................................................................. 35

Federal Reclamation Program............................................................................................ 37

a. Federal Reclamation Projects ...................................................................................................... 37

b. Program Staff (Operations) ......................................................................................................... 43

Program Development and Maintenance ........................................................................... 44

a. AML Inventory ........................................................................................................................... 45

b. Grants Management .................................................................................................................... 45

c. State Program Amendments........................................................................................................ 46

AML Economic Revitalization (AMLER) Program .......................................................... 46

2022 Planned Program Performance ........................................................................................ 49

2021 Program Accomplishments ............................................................................................. 50

ENVIRONMENTAL PROTECTION ...................................................................................... 51

State and Tribal Funding .................................................................................................... 57

a. State Grants ................................................................................................................................. 57

b. Tribal Regulatory Development and Regulatory Program Grants .............................................. 58

State Program Evaluation .................................................................................................. 58

a. Oversight Policy and Procedures ................................................................................................ 58

b. Oversight Inspections .................................................................................................................. 59

c. Identifying and Correcting Violations of SMCRA ..................................................................... 60

Federal and Indian Lands Programs .................................................................................. 61

a. States ........................................................................................................................................... 62

b. Tribes .......................................................................................................................................... 64

c. OSMRE Responsibility on Federal Lands .................................................................................. 66

Program Development and Maintenance ........................................................................... 68

a. Rulemaking ................................................................................................................................. 68

b. Grants Management .................................................................................................................... 69

c. Special Projects ........................................................................................................................... 69
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2022 Planned Program Performance ........................................................................................ 70

2021 Program Accomplishments ............................................................................................. 71

TECHNOLOGY DEVELOPMENT AND TRANSFER ......................................................... 73

Technical Assistance.......................................................................................................... 77

a. Technical Policy Assistance ........................................................................................................ 77

b. Site-Specific Technical Assistance ............................................................................................. 80

c. National Mine Map Repository ................................................................................................... 85

d. Coal Information Management System ...................................................................................... 86

e. Technical Innovation and Professional Services (TIPS) ............................................................. 87

f. Applicant Violator System (AVS) .............................................................................................. 89

Technical Training ............................................................................................................. 90

a. National Technical Training Program......................................................................................... 90

b. TIPS Software Application Training .......................................................................................... 92

c. Regional/Site-Specific Training .................................................................................................. 92

Technology Transfer .......................................................................................................... 93

a. Technology Development ........................................................................................................... 94

b. Technology Transfer and Publication ......................................................................................... 94

c. Educational Outreach and Partnership ........................................................................................ 96

2022 Planned Program Performance ........................................................................................ 98

2021 Program Accomplishments ............................................................................................. 99

FINANCIAL MANAGEMENT ............................................................................................... 101

Fee Compliance ............................................................................................................... 105

a. AML Fee Collection ................................................................................................................. 105

b. AML Fee Audit ......................................................................................................................... 106

Grant Financial Management ........................................................................................... 110

Revenue Management...................................................................................................... 112

United Mine Workers of America Funds (UMWAF) Transfers ..................................... 112

2022 Planned Program ........................................................................................................... 114

2021 Program Accomplishments ........................................................................................... 114

EXECUTIVE DIRECTION AND ADMINISTRATION ...................................................... 117

Executive Direction ......................................................................................................... 122

a. Office of the Director (DIR) ..................................................................................................... 122

b. Office for Equal Opportunity (OEO) ........................................................................................ 122

c. Office of Communications (OC)............................................................................................... 123

d. Office of Planning, Analysis and Budget (OPAB) ................................................................... 124

e. Information Resources Office (IRO) ........................................................................................ 124

Administrative Support .................................................................................................... 125

a. Office of Administration (OA) ................................................................................................. 125

b. Office of Human Resources (OHR) .......................................................................................... 126

c. Acquisition Management .......................................................................................................... 127
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d. Financial Management .............................................................................................................. 127

e. Information Management and Technology (IMT) .................................................................... 127

General Services .............................................................................................................. 128

2022 Planned Program Performance ...................................................................................... 130

2021 Program Accomplishments ........................................................................................... 132

PERMANENT APPROPRIATIONS ...................................................................................... 133

BUDGET EXHIBITS ............................................................................................................... 139

Exhibit A: Section 403 Compliance....................................................................................... 139

Exhibit B: Employee Count by Grade (PER-4) ..................................................................... 140

Appendixes................................................................................................................................. 141

AML Reclamation Accomplishments .................................................................................... 141

By State and Tribe Funding Data ........................................................................................... 143

Organizational Chart .............................................................................................................. 144

Abandoned Mine Lane Program States.................................................................................. 145

AML Reclamation Program Bipartisan Infrastructure Law Funding .................................... 147
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TABLE INDEX

Table 1 – State, Tribal, and Federal Responsibility for the AML Program........................................ 34

Table 2 – Inspections Conducted in Primacy States in FY 2021 .......................................................... 60

Table 3 – Permit and Permit Revision Workload – OSMRE as Regulatory Authority..................... 66

Table 4 – Inspections Conducted by OSMRE in the Federal and Indian Lands Program................ 66

Table 5 – Mining Plan Decision Document Workload on Leased ........................................................ 67

Table 6 – FY 2021 State Program Amendment Activity ....................................................................... 69

Table 7 – Deposits to the AML Fund and AML Production Fees...................................................... 108

Table 8 – Summary Status of Abandoned Mine Reclamation Fund.................................................. 109

Table 9 – AML Unappropriated Balance ............................................................................................. 111

Table 10 – UMWA Transfer Requests.................................................................................................. 113

Table 11 – Estimated General Services Costs ...................................................................................... 129

Table 12 – Permanent Appropriation Estimates ................................................................................. 134

Table 13 – Mandatory Funding for States and Tribes, FY 2021-2023............................................... 138
TAB

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Executive Summary 

Office of Surface Mining Reclamation and Enforcement 1

EXECUTIVE SUMMARY 

Overview 

The mission of the Office of Surface Mining Reclamation and Enforcement (OSMRE) is to carry out the 

requirements of the Surface Mining Control and Reclamation Act (SMCRA or the Act) in cooperation with 

States and Tribes. 

OSMRE’s primary objectives are to: 

(1) ensure that coal mine surface activities are operated in a manner that protects citizens and 

the environment during mining, 

(2) ensure that the land is restored to beneficial use following mining, and 

(3) mitigate the effects of past mining by aggressively pursuing reclamation of abandoned coal 

mine lands. 

OSMRE’s FY 2023 budget supports the environmentally responsible development of energy by providing 

for the oversight of responsible coal production through the protection, preservation, and restoration of 

mined lands and the restoration of mined lands left unreclaimed from past mining operations. The budget 

contributes to the Department’s priorities of investing in environmental innovation; economic revitalization 

of coal communities; strengthening government-to-government relationships with Tribal nations; making 

investments to restore public lands and waters and increase reforestation and carbon sequestration; 

supporting local, State, private, and Tribal restoration efforts; and centering equity and environmental 

justice. 

OSMRE has statutory responsibility for administering programs to control the environmental impacts of 

surface coal mining operations pursuant to Title V of SMCRA, as well as for administering the program 

for the restoration of abandoned and unreclaimed mined areas, pursuant to Title IV of the Act. OSMRE 

authorizes States and Tribes, upon approval of their regulatory and reclamation programs, to perform these 

responsibilities subject to OSMRE oversight. With this authority, primacy States directly regulate about 98 

percent of the permitted sites in the Nation. OSMRE oversees the State and Tribal programs and provides 

training, technical assistance, support, and tools to help ensure effective, consistent, and high quality 

regulatory and reclamation programs across the Nation. 

Every coal mine operation in the United States must be permitted and regulated under the provisions of 

SMCRA. As of the time this document is being published, there are 5,360 permits on active and inactive 

coal mining sites covering 3.63 million acres nationwide. These sites all require regulatory activity for 

permit approvals, monitoring, inspection, enforcement, and bond release approval. 
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Office of Surface Mining Reclamation and Enforcement 2

Environmental Restoration

Title IV (Abandoned Mine Land Reclamation)

SMCRA requires that all operators of coal mining operations pay an Abandoned Mine Land (AML) 

Reclamation fee, based on tons of coal produced, into the Abandoned Mine Reclamation Fund in order to 

hold producers and users of coal responsible for reclaiming lands mined for coal and left abandoned prior 

to August 3, 1977. OSMRE collects the AML fee and then annually distributes the fee receipts to States 

and Tribes for reclamation activities based on a statutorily prescribed formula.

The Tax Relief and Health Care Act of 2006 (Public Law 109-432), which included amendments to 

SMCRA (2006 Amendments), extended the fee authorization through September 30, 2021, made 

reclamation grants from the AML fund mandatory, and created new mandatory and unrestricted payments 

to States and Tribes that certified they had completed their coal reclamation work. The authority to collect 

the mine reclamation fee was revised and extended by the Bipartisan Infrastructure Law (BIL; Public Law 

117-58). This Law extended the authority for fee collection through September 30, 2034, and lowered the 

fee amount beginning in FY 2022. These State and Tribal reclamation grants are permanent appropriations.

As of September 2021, an estimated $14.1 billion of reported Priority 1, 2, and 3 unfunded coal abandoned 

mine land problems remain. Although not a part of the Title IV SMCRA AML Reclamation Program, the 

BIL provided $11.3 billion to OSMRE to create good-paying jobs, catalyze economic opportunities, and

reclaim AML sites that pose health, safety, and environmental hazards to America’s communities. More 

information can be found in the AML Reclamation Program Bipartisan Infrastructure Law Funding

Appendix.

OSMRE will concentrate its discretionary AML resources on State Program Evaluation and Federal 

Reclamation Program operations. These programs work directly on reclaiming abandoned mine lands and 

fulfill OSMRE’s Title IV obligations. The FY 2023 budget also requests funding to continue providing 

AML Economic Revitalization (AMLER) program grants to States and Tribes. The AMLER program was

initially established in the Consolidated Appropriations Act, 2016 (Public Law 114-113) as a pilot program 

to accelerate the cleanup of AML sites that would lead to new economic development and revitalization 

opportunities, and was continued in each subsequent year’s appropriation act through FY 2022 (Public 

Laws 115-31, 115-141, 116-6, 116-94, 116-260, and 117-103).

With its mandatory appropriations authority, OSMRE will continue to collect reclamation fees from 

operators through September 30, 2034, as authorized, allocate and distribute reclamation grant funds to 

States and Tribes, and make payments to the United Mine Workers of America (UMWA) health benefits 

plans and the 1974 UMWA Pension Plan, in accordance with the provisions of Title IV of SMCRA, as 

amended.

(See the Permanent Appropriations Section for more details)

Environmental Protection

Title V of SMCRA (Active Mining)

OSMRE’s statutory role is to promote and assist its partner States and Tribes in establishing and 

maintaining a stable regulatory environment for coal mining that is consistent with SMCRA and 
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Office of Surface Mining Reclamation and Enforcement 3

administered through primacy State programs, or directly by OSMRE, as the regulatory authority. That 

regulatory stability provides to all parties, including operators, regulators, and citizens, a common 

understanding of applicable requirements and rights so that each can make informed decisions affecting 

their economic and personal interests with a minimum level of controversy.

It is important to ensure that coal is mined responsibly and that the mined land is reclaimed in accordance 

with land use plans established during the permitting process consistent with the law. Annual performance 

agreements developed for each State, with stakeholder input, outline the responsibilities and activities of 

both the State and OSMRE. Among other things, the agreements contain program evaluation goals and the 

technical or programmatic assistance that OSMRE may render to the States to address identified problems, 

for both new issues and those remaining from prior years. As States develop greater technical skills, 

OSMRE anticipates improved performance regarding permit-related actions and resolution of issues.

To assist primacy States with their regulatory programs, OSMRE provides technical assistance and training, 

and funding in the form of regulatory grants. These grants provide up to 50 percent of a State’s operating 

costs for regulating private coal mining and up to 100 percent of a State’s operating costs for regulating 

mining on Federal lands within the State. OSMRE also provides grants to Tribes to assist them in 

developing regulations and programs for regulating surface coal mining and reclamation operations on 

Indian lands. The budget includes funding for grants to States and Tribes consistent with their actual 

expenditures over the past several years.

Review of State permitting actions and inspections of mine sites is among the most effective ways to 

determine if a State’s mining law is being properly implemented. For the 12-month period ending June 30, 

2021, States performed 22,723 complete and 36,591 partial mine inspections. In FY 2021 OSMRE 

completed 619 partial and 379 complete inspections in its Federal and Indian Lands Programs. Nationwide, 

93.3 percent of permitted sites inspected were free of off-site impacts (i.e., those that occur outside the 

permitted area and have the potential to harm the environment or the public as specified under the existing 

regulations). Off-site impacts associated with active sites are addressed through inspection and enforcement 

processes. Inspection and enforcement activities also help ensure that the land being mined is reclaimed 

properly and in a timely manner to return it to its intended post-mining land use.

Training and Technology Advances

OSMRE supports the coordination of science activities across DOI bureaus to help achieve mission 

objectives and has identified several key areas for investment where coordination with other bureaus will 

leverage results to more effectively achieve mission outcomes. The FY 2023 budget facilitates this 

coordination by supporting integrated efforts to achieve management efficiencies.

OSMRE uses emerging technologies, tools, and methodologies to improve the understanding of natural

resources and environmental quality related to coal mining. OSMRE’s Technology Development and 

Transfer business line will focus on the training and technical innovation that directly supports OSMRE’s 

Environmental Protection mission of regulatory oversight and its Environmental Restoration mission of 

abandoned mine land reclamation.
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Office of Surface Mining Reclamation and Enforcement 4

The FY 2023 budget provides the resources required to meet the demand from States, Tribes, public interest 

groups, and internal customers for OSMRE to provide technical support on coal mining activities. Activities 

include development of policy/guidance documents for technical issues, such as blasting, as well as onsite 

review and guidance on the application of regulations to specific permits and mine sites.

Federal Regulatory and Reclamation Programs for Oklahoma

Pursuant to the July 2020 decision by the U.S. Supreme Court in McGirt v. Oklahoma (140 S.Ct. 2452)

recognizing the existence of the historic Muscogee (Creek) Reservation in Oklahoma and conferring Indian 

land status to land within the exterior boundaries of the Muscogee (Creek) Nation, and pursuant to 

SMCRA’s similar definition of “Indian Lands” and the requirement that OSMRE regulate such lands, 

OMSRE has established a new program in Oklahoma to assume responsibility for regulation of coal mining 

and reclamation activities on Muskogee (Creek) Tribal lands from the Oklahoma Department of Mines for 

Title V activities and from the Oklahoma Conservation Commission for Title IV activities. In March and 

April 2021, the Oklahoma Court of Criminal Appeals ruled additional reservations in Oklahoma were 

likewise never disestablished. The FY 2023 budget provides the resources required for OSMRE to 

effectively manage its Federal regulatory and reclamation responsibility on Indian lands within Oklahoma.

Zero Emission Vehicles and Charging Infrastructure

In support of the President’s goal of transitioning to a fully Zero Emission Vehicle (ZEV) Federal fleet, 

OSMRE’s budget includes $1.2 million for ZEV (battery electric, plug-in electric hybrid, and hydrogen 

fuel cell vehicles) acquisitions and deploying necessary vehicle charging and refueling infrastructure. 

These acquisitions are a significant step towards eliminating tailpipe emissions of greenhouse gases (GHG) 

from the OSMRE fleet and aligning the OSMRE fleet operations with the goal of achieving a fully ZEV 

Federal fleet. This action is important because tailpipe emissions are a leading source of GHG emissions, 

which drive climate change, threatening people and communities.

OSMRE’s ZEV acquisitions may include vehicles for both its agency-owned and GSA-leased segments of 

its vehicle fleet, including incremental costs of leased vehicles and lease payments to GSA for conversion 

of agency-owned vehicles to GSA’s leased fleet where appropriate. To ensure effective and efficient 

deployment of ZEVs, OSMRE will undertake preparation and planning for arriving ZEVs at its facilities, 

properly prioritizing transition to ZEVs where it is simplest and allow time for additional planning where 

mission demands pose a challenge to transitioning based on current technologies. Integral to this 

preparation is growth in the number of agency-accessible re-fueling points (vehicle charging stations). In 

installing this infrastructure on-site to support acquired ZEVs, OSMRE will take the long-term view to 

ensure efficiencies and thereby ensure wise infrastructure decisions that limit total expenditures. Using its 

experienced personnel and lessons learned in the fleet arena, OSMRE will undertake a process that relies 

on a cross-functional team of staff from fleets, operations, facilities, finance, and acquisition departments 

with executive leadership support. The collaboration will not stop with initial deployment, as the OSMRE 

fleet and facility managers will work closely and employ existing training and tools to control utility costs 

by managing the overall charging load and thereby ensuring a seamless operation that now will involve 

building systems and vehicles together. Further, OSMRE will ensure proper training of personnel to 

address any initial shortcomings in terms of any necessary ZEV knowledge and operations as the advanced 

vehicle technologies roll into the OSMRE fleet.
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Office of Surface Mining Reclamation and Enforcement 5

Diversity, Equity, Inclusion and Accessibility Initiative 

The OSMRE budget includes $200,000 as part of a Departmentwide Diversity, Equity, Inclusion, and 

Accessibility budget initiative to address identified high priority needs in support of Executive Order 13985, 

Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, 

and Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity and 

Sexual Orientation. As part of this initiative, the Department, bureaus, and offices will jointly conduct a 

review of the Diversity, Equity, Inclusion, and Accessibility program across Interior to identify gaps, 

challenges, and best practices and to examine Department and bureau roles, responsibilities, and 

governance. 

Management and Efficiencies 

OSMRE restructured its acquisition management capabilities to streamline coordination, create 

efficiencies, and improve compliance with pre- and post-award acquisition processes in accordance with 

DOI procurement governing guidance. The resources included in the budget facilitate the restructure and 

enhance the ability to implement strategic program activities. 

Justice40 Initiative 

The 2023 budget includes $4.0 million Department-wide, including $225,000 for OSMRE, for dedicated 

staff resources to provide programmatic expertise, coordination, and outreach support to implement the 

Justice40 Initiative to increase environmental justice in Federal programs. Interior bureaus and offices are 

an important component of the Administration's objective for 40 percent of overall benefits of certain 

Federal investments that impact climate change and generate clean energy to be directed to disadvantaged 

communities. Interior has identified more than 50 programs with a budget totaling over $3.0 billion that 

contribute to this forward-thinking initiative. Funding in 2023 will be used to develop methodologies to 

identify and quantify the benefits of Justice40 programs, demonstrate how and where covered programs 

distribute benefits, and pursue strategies for maximizing the benefits to vulnerable communities in the 

future. Agencies will also pursue and document stakeholder engagement in the initiative. 

Good Accounting Obligation in Government Act Report

The Good Accounting Obligation in Government Act (GAO-IG Act, P.L. 115-414) enacted January 3, 

2019, requires that Agencies report the status of each open audit recommendation issued more than one 

year prior to the submission of the Agency’s annual budget justification to Congress. The Act requires 

Agencies to include the current target completion date, implementation status, and any discrepancies on 

closure determinations. 

The Department of the Interior leadership takes audit follow-up very seriously and considers our external 

auditors, to include the Government Accountability Office (GAO) and Office of the Inspector General, 

valued partners in not only improving the Department’s management and compliance obligations but also 

enhancing its programmatic and administrative operations. As stewards of taxpayer resources, the 

Department applies cost-benefit analysis and enterprise risk management principles in recommendation 

implementation decisions. The Department’s GAO-IG Act Report will be available at the following link: 

https://www.doi.gov/cj 
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Office of Surface Mining Reclamation and Enforcement 6

Budget Highlights 

The FY 2023 Budget Request for OSMRE is $271 million in current appropriations.

OSMRE will focus resources on its core mission functions essential to implementation of SMCRA, provide 

technical support and assistance to the States and Tribes for regulatory and reclamation programs, support 

the review and technology transfer of advanced technologies and reforestation of reclaimed mined lands, 

and evaluate and administer the abandoned mine land program. Below is an outline of the requested 

changes. 

In addition to discretionary appropriations, the budget includes $933 million in mandatory funding for 

reclamation grants to States and Tribes, and for United Mine Workers of America (UMWA) health benefit 

plans and the 1974 UMWA pension plan, under current law. Mandatory funding is further described under 

the Permanent Appropriations Section. 

The FY 2023 budget provides $65 million (24 percent) of OSMRE’s total discretionary funds in grants to 

the States and Tribes for regulatory programs. The budget also provides $115 million (43 percent) of total 

discretionary funds for AMLER grants to States and Tribes. OSMRE will use the balance of the budget (33

percent) to perform its statutory oversight responsibilities, administer Federal regulatory and reclamation 

programs, provide technical assistance to the States and Tribes, and carry out its fiscal responsibilities for 

collecting revenues and awarding grants. 

OSMRE executes its mission through five Business Lines: 

• Environmental Protection, 

• Environmental Restoration 

• Technology Development and Transfer, 

• Financial Management, and 

• Executive Direction and Administration. 

The budget aligns discretionary funding and FTE across business lines to optimize fulfilment of OSMRE’s 

statutory responsibilities and support Administration priorities. 

A summary table of the budget is shown below. Information at the account, activity, and sub-activity level 

is available in the table contained in the Budget-at-a-Glance Section. 
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Office of Surface Mining Reclamation and Enforcement 7

Total FY 2023 Budget Request 

(Dollars in Thousands) 

Budget Authority 2021

Actual 2022 CR 2023Request 

Regulation and Technology 92,804 92,768 122,076 

Civil Penalties (Indefinite Authority) [44] [100] [100]

Permit Fees (Offsetting Collections) [4] [40] [40] 

Abandoned Mine Reclamation Fund 139,831 11,371,613 149,142 

Total Discretionary 222,635 11,464,381 271,218 

Total Discretionary (with Offsetting 

Collections) 257,683 11,464,521 271,358

Payments to States in Lieu of Coal Fee 

Receipts (Treasury Funds) 39,950 37,437 28,700 

Less Mandatory Sequester [-2,277] [-2,134] [-1,636]

Mandatory Grants to Non-Certified States 

(AML Funds) 121,472 115,668 100,655 

Less Mandatory Sequester [-6,924] [-6,593] [-5,737]

Funds Transferred to UMWA Health Benefit 

Plans and the 1974 UMWA Pension Plan 

(Treasury and AML Funds) 

739,667 732,348 804,037 

Total Mandatory 901,089 885,453 933,392 

Total Mandatory (after Mandatory 

Sequester) 891,888 876,726 926,019 

Total Discretionary and Mandatory 1,123,724 12,349,834 1,204,610 

Total Discretionary and Mandatory (with 

Offsetting Collections and Mandatory 

Sequester) 

1,114,571 12,341,247 1,197,377 

FTEs 350 398 427

Implementing SMCRA – Effective Partnerships 

In implementing its mission responsibilities, OSMRE works closely with the States and Tribes in 

administering their regulatory and reclamation programs. OSMRE also recognizes the importance of 

working with industry, citizens, and other stakeholders in implementing SMCRA. The budget supports 

using effective partnerships by communicating, consulting, and cooperating with these constituent groups 

to achieve SMCRA’s objectives. 

OSMRE continues to emphasize the importance of protecting the environment during and after coal mining 

operations. OSMRE oversees SMCRA’s implementation in 24 primacy States by assisting the States in the 

administration, implementation, and maintenance of their approved regulatory programs, among other 

things. This process is detailed further in the Environmental Protection section of this document. 
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Office of Surface Mining Reclamation and Enforcement 8

OSMRE, in cooperation with the 24 States and three Tribes that have reclamation programs, will continue 

to clean up land and waters degraded by past mining practices. The funding provided will assist in the 

removal of existing health and safety hazards and restoration of areas to productive use. The cooperative 

process for restoring land and water affected by past mining is detailed further in the Environmental 

Restoration section of this document.

OSMRE will continue its efforts to establish partnerships to improve and increase outreach efforts that 

allow full participation from its stakeholders in addressing common problems. These initiatives will assist 

OSMRE in forging an enduring bond and partnership with its stakeholders.

To better serve its partners and the public, OSMRE continues to improve its abandoned mine land databases 

to include all eligible abandoned mine sites. In addition, OSMRE’s website contains comprehensive 

information on pertinent regulatory and reclamation matters.

As mining and engineering information technology continues to improve, OSMRE continues to provide to 

States and Tribes the most up-to-date information, technical training, technical assistance, and technology 

transfer. These programs greatly assist the States and Tribes in operating their SMCRA programs. This 

process is detailed further in the Technology Development and Transfer section of this document.
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Office of Surface Mining Reclamation and Enforcement 9

Appropriation Language 

Regulation and Technology 

For necessary expenses to carry out the provisions of the Surface Mining Control and Reclamation Act of 

1977, Public Law 95–87, $122,076,000, to remain available until September 30, 2024, of which 

$65,000,000 shall be available for state and tribal regulatory grants: Provided, That appropriations for 

the Office of Surface Mining Reclamation and Enforcement may provide for the travel and per diem 

expenses of State and tribal personnel attending Office of Surface Mining Reclamation and Enforcement 

sponsored training. 

In addition, for costs to review, administer, and enforce permits issued by the Office pursuant to section 

507 of Public Law 95–87 (30 U.S.C. 1257), $40,000, to remain available until expended: Provided, That 

fees assessed and collected by the Office pursuant to such section 507 shall be credited to this account as 

discretionary offsetting collections, to remain available until expended: Provided further, That the sum 

herein appropriated from the general fund shall be reduced as collections are received during the fiscal 

year, so as to result in a fiscal year 2023 appropriation estimated at not more than $122,076,000. 

Note.– A full-year 2022 appropriation for this account was not enacted at the time the Budget was prepared; 

therefore, the Budget assumes this account is operating under the Continuing Appropriations Act, 2022 

(Division A of Public Law 117-43, as amended). The amounts included for 2022 reflect the annualized 

level provided by the continuing resolution. 
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Office of Surface Mining Reclamation and Enforcement 10

Abandoned Mine Reclamation Fund 

For necessary expenses to carry out title IV of the Surface Mining Control and Reclamation Act of 1977, 

Public Law 95–87, $34,142,000, to be derived from receipts of the Abandoned Mine Reclamation Fund and 

to remain available until expended: Provided, That pursuant to Public Law 97–365, the Department of the 

Interior is authorized to use up to 20 percent from the recovery of the delinquent debt owed to the United 

States Government to pay for contracts to collect these debts: Provided further, That funds made available 

under title IV of Public Law 95–87 may be used for any required non-Federal share of the cost of projects 

funded by the Federal Government for the purpose of environmental restoration related to treatment or 

abatement of acid mine drainage from abandoned mines: Provided further, That such projects must be 

consistent with the purposes and priorities of the Surface Mining Control and Reclamation Act: Provided 

further, That amounts provided under this heading may be used for the travel and per diem expenses of 

State and tribal personnel attending Office of Surface Mining Reclamation and Enforcement sponsored 

training. 

In addition, $115,000,000, to remain available until expended, for grants to States and federally recognized 

Indian Tribes for reclamation of abandoned mine lands and other related activities: Provided, That such 

additional amount shall be used for economic and community development in conjunction with the 

priorities in section 403(a) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233(a)): 

Provided further, That of such additional amount, $75,000,000 shall be distributed in equal amounts to the 

three Appalachian States with the greatest amount of unfunded needs to meet the priorities described in 

paragraphs (1) and (2) of such section, $30,000,000 shall be distributed in equal amounts to the three 

Appalachian States with the subsequent greatest amount of unfunded needs to meet such priorities, and 

$10,000,000 shall be for grants to federally recognized Indian Tribes without regard to their status as 

certified or uncertified under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233(a)), 

for reclamation of abandoned mine lands and other related activities and shall be used for economic and 

community development in conjunction with the priorities in section 403(a) of the Surface Mining Control 

and Reclamation Act of 1977: Provided further, That such additional amount shall be allocated to States 

and Indian Tribes within 60 days after the date of enactment of this Act. 

Note. – A full-year 2022 appropriation for this account was not enacted at the time the Budget was prepared; 

therefore, the Budget assumes this account is operating under the Continuing Appropriations Act, 2022 

(Division A of Public Law 117-43, as amended). The amounts included for 2022 reflect the annualized 

level provided by the continuing resolution. 
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Office of Surface Mining Reclamation and Enforcement 11

Appropriations Language and Citations 

Regulation and Technology 

For necessary expenses to carry out the provisions of the Surface Mining Control and Reclamation 

Act of 1977, Public Law 95-87,

• 30 U.S.C. 1260, 1268 – These sections provide for the assessment and collection of penalties 

levied for violations of the Act, and for the denial of permits to those with unabated violations or 

unpaid penalties. 

• 30 U.S.C. 1252, 1253, 1254, 1271, 1272, 1273, 1295, 1300, 1302 – These sections provide for aid 

to all primacy States for maintaining approved regulatory programs and evaluation of the States’ 

performance in doing so; monitoring implementation of the grant programs; small operator 

assistance programs; and for regulatory programs in States without approved programs, on 

Federal lands and on Indian lands; processing of permit applications and mine plans for Federal 

lands operations; designating of lands unsuitable for surface mining through technical reviews; 

scientific/engineering support and technical training for States operating approved permanent 

programs and Federally administered programs; initiation of technical studies; issuance of 

technical publications; approval of experimental practices to meet the needs of approved State 

programs and Federally-administered programs; preparation of environmental assessments and 

environmental impact statements for permits and other actions; and training of OSMRE staff and 

State staff to enable these agencies to more effectively carry out the provisions of the Act. 

• 30 U.S.C. 1257, as amended by Public Laws 101-508 and 102-486 - Provides for the regulatory 

authority to designate a qualified laboratory to obtain technical information and prepare technical 

findings required by the operator for the permit application, and for the regulatory authority to 

assume the cost for such services. Further, the Act provides for the Secretary to provide or 

assume the cost of training for regulatory program compliance and permit application preparation 

for eligible small operators.
Executive Summary 

Office of Surface Mining Reclamation and Enforcement 12

Abandoned Mine Reclamation Fund 

For necessary expenses to carry out title IV of the Surface Mining Control and Reclamation Act of 

1977, Public Law 95-87, 

• 30 U.S.C. 1231, 1232, 1233 and 1240 – Provides for the payment of fees and other monies into the 

Abandoned Mine Reclamation Fund (Fund). The Fund consists of amounts deposited from time to 

time, derived from reclamation fees, donations, audit recoveries, interest charges, and 

administrative collection fees. 

The funds collected are used for the reclamation and restoration of land and water resources adversely 

affected by past mining. 

SMCRA provides for the use of the monies for the purpose of protecting public health, safety, and property 

from extreme danger of adverse effects of coal mining practices; restoration of land and water resources 

and the environment previously degraded by adverse effects of coal mining practices, and that are adjacent 

to a site that has been or will be remediated. It also provides that monies in the Abandoned Mine 

Reclamation Fund will be used to cover the administrative expenses of the Federal government, accomplish 

abandoned mine reclamation and develop guidelines on the distribution of monies in the Fund.
Executive Summary 

Office of Surface Mining Reclamation and Enforcement 13

Summary of Requirements 

Office of Surface Mining Reclamation and Enforcement 

 (Dollars in Thousands) 

ACCOUNT NAME 

2021 

Actual

Amount

2021 

Actual 

FTE 

2022 

CR

Amount 

2022 CR 

FTE

Fixed 

Costs 

(+/-)

Internal 

Transfers 

(+/-)

Program 

Changes 

(+/-) 

Amount

2023 

Request 

Amount 

2023 

Request 

FTE

Change from 

2022 

(+/-) 

Amount

Change 

from 2022 

(+/-) FTE 

REGULATION AND TECHNOLOGY FTE

Environmental Protection 88,598 126 88,562 172 +976 +16 89,554 181 +992 +9

Technology Development and Transfer 14,765 65 14,765 78 +442 +940 16,147 81 +1,382 +3

Financial Management 505 2 505 3 +17 +13 535 3 +30 - 

Executive Direction and Administration 13,936 44 13,936 45 +345 +1,559 15,840 47 +1,904 +2

TOTAL, REGULATION AND TECHNOLOGY 

(w/o rescission) 117,804 237 117,768 298 +1,780 - +2,528 122,076 312 +4,308 +14

Rescission of Prior Year Balances -25,000 -25,000 +25,000 0 

TOTAL, REGULATION AND TECHNOLOGY 

(w/ rescission) 92,804 237 92,768 298 +1,780 - +27,528 122,076 312 +29,308 +14

ABANDONED MINE RECLAMATION FUND 

 

 

Environmental Restoration 9,480 38 9,480 35 +214 +7,476 17,170 43 +7,690 +8

Technology Development and Transfer 3,608 17 3,608 15 +92 +587 4,287 18 +679 +3

Financial Management 5,277 35 5,277 29 +176 +708 6,161 33 +884 +4

Executive Direction and Administration 6,466 23 6,466 21 -343 +401 6,524 21 +58 - 

AML Economic Development Pilot Program 115,000 0 115,000 0 - - 115,000 0 - - 

TOTAL, ABANDONED MINE RECLAMATION 

FUND (w/o supplemental, rescission, and transfer) 139,831 113 139,831 100 +139 - +9,172 149,142 115 +9,311 +15

Rescission of Prior Year Balances -10,000 -4,753 +4,753 0 +4,753 

Bipartisan Infrastructure Law (P.L.117-58) 11,293,000 -11,293,000 0 -11,293,000 

Transfer to OIG (P.L. 117-58) -56,465 +56,465 0 +56,465 

TOTAL, ABANDONED MINE RECLAMATION 

FUND (w/ supplemental, rescission, and transfer) 129,831 113 11,371,613 100 +139 - +13,935 149,142 115 -11,222,471 +15

TOTAL, DISCRETIONARY (w/o supplemental, 

rescissions, and transfer) 257,635 350 257,599 398 +1,919 - +11,700 271,218 427 +13,619 +29

TOTAL, DISCRETIONARY (w/ supplemental, 

rescissions, and transfer) 222,635 350 11,464,381 398 +1,919 - +41,463 271,218 427 -11,193,163 +29
Executive Summary 

Office of Surface Mining Reclamation and Enforcement 14

CIVIL PENALTIES 

OFFSETTING COLLECTIONS 

2021 

Actual 

Amount

2021 

Actual 

FTE

2022 CR 

Amount 

2022 CR 

FTE

Fixed 

Costs 

(+/-)

Internal 

Transfers 

(+/-)

Program 

Changes 

(+/-) 

Amount

2023 

Request 

Amount 

2023 

Request 

FTE

Change from 

2022 

(+/-) 

Amount

Change 

from 2022 

(+/-) 

FTE

Civil Penalties (Budget Authority) 44 100 - 100 

Permit Fees (Offsetting Collections) 4 40 - 40 

TOTAL, DISCRETIONARY (w/ Civil Penalties 

and Offsetting Collections; w/o supplemental, 

rescissions, and transfer) 

257,683 350 257,739 398 +1,919 - +11,450 271,358 427 +13,619 +29

TOTAL, DISCRETIONARY (w/ Civil Penalties 

and Offsetting Collections; w/ supplemental, 

rescission, and transfer) 

222,683 350 11,464,521 398 +1,919 - +41,213 271,358 427 -11,193,163 +29
Executive Summary 

Office of Surface Mining Reclamation and Enforcement 15

Justification of Fixed Costs and Internal Realignments 

(Dollars in Thousands) 

Regulation and Technology Account (Net +1,780)

Fixed Cost Changes and 

Projections 

2022 CR 

Change 

2022 to 

2023 

Change 

Description 

Change in Number of Paid Days 0 -180

This column reflects changes in pay associated 

with the change in the number of paid days 

between FY 2022 and FY 2023. The number of 

paid days in FY 2023 is one day less than FY 

2022. 

Pay Raise +993 +1,871 

The President's Budget for FY 2023 includes one 

quarter of a planned 2.7% pay raise for FY 2022 

and three quarters of a planned 4.6% pay raise for 

FY 2023. 

Employer Share of Federal 

Employee Retirement System +345 0 

This column reflects no budgeted increase for the 

employer contribution to the Federal Employee 

Retirement System. 

Departmental Working Capital 

Fund +391 +47 

The change reflects the final FY 2023 Central Bill 

approved by the Working Capital Fund 

Consortium. 

Worker's Compensation Payments +17 +7

The amounts reflect final chargeback costs of 

compensating injured employees and dependents 

of employees who suffer accidental deaths while 

on duty. Costs for the BY will reimburse the 

Department of Labor, Federal Employees 

Compensation Fund, pursuant to 5 U.S.C. 8147(b) 

as amended by Public Law 94-273. 

Unemployment Compensation 

Payments +10 0 

The amounts reflect projected changes in the costs 

of unemployment compensation claims to be paid 

to the Department of Labor, Federal Employees 

Compensation Account, in the Unemployment 

Trust Fund, pursuant to Public Law 96-499. 

Rental Payments +472 +35 

The amounts reflect changes in the costs payable 

to General Services Administration (GSA) and 

others for office and non-office space as estimated 

by GSA, as well as the rental costs of other 

currently occupied space. These costs include 

building security. Costs of mandatory office 

relocations, i.e., relocations in cases where due to 

external events there is no alternative but to vacate 

the currently occupied space, are also included. 

Baseline Adjustments for O&M 

Increases +3 0 

In accordance with space maximization efforts 

across the Federal Government, this adjustment 

captures the associated increase to baseline 

operations and maintenance requirements 

resulting from movement out of GSA or directleased (commercial) space and into Bureau-owned 

space. While the GSA portion of fixed costs will 

go down as a result of these moves, Bureaus often 

encounter an increase to baseline O&M costs not 

otherwise captured in fixed costs. This category of 

funding properly adjusts the baseline fixed cost 

amount to maintain steady-state funding for these 

requirements. 
Executive Summary 

Office of Surface Mining Reclamation and Enforcement 16

Justification of Fixed Costs and Internal Realignments 

(Dollars in Thousands) 

Abandoned Mine Reclamation Fund (Net +139) 

Fixed Cost Changes and 

Projections 

2022 CR 

Change 

2022 to 

2023 

Change 

Description 

Change in Number of Paid Days 0 -65

This column reflects changes in pay associated 

with the change in the number of paid days 

between FY 2022 and FY 2023. The number of 

paid days in FY 2023 is one day less than FY 

2022. 

Pay Raise +322 +677 

The President's Budget for FY 2023 includes one 

quarter of a planned 2.7% pay raise for FY 2022 

and three quarters of a planned 4.6% pay raise for 

FY 2023. 

Employer Share of Federal 

Employee Retirement System +112 0 

This column reflects no budgeted increase for the 

employer contribution to the Federal Employee 

Retirement System. 

Departmental Working Capital 

Fund -93 +49 

The change reflects the final FY 2023 Central Bill 

approved by the Working Capital Fund 

Consortium. 

Worker's Compensation Payments -10 +3

The amounts reflect final chargeback costs of 

compensating injured employees and dependents 

of employees who suffer accidental deaths while 

on duty. Costs for the BY will reimburse the 

Department of Labor, Federal Employees 

Compensation Fund, pursuant to 5 U.S.C. 8147(b) 

as amended by Public Law 94-273. 

Unemployment Compensation 

Payments +5 0 

The amounts reflect projected changes in the costs 

of unemployment compensation claims to be paid 

to the Department of Labor, Federal Employees 

Compensation Account, in the Unemployment 

Trust Fund, pursuant to Public Law 96-499. 

Rental Payments +234 -525

The amounts reflect changes in the costs payable 

to General Services Administration (GSA) and 

others for office and non-office space as estimated 

by GSA, as well as the rental costs of other 

currently occupied space. These costs include 

building security. Costs of mandatory office 

relocations, i.e., relocations in cases where due to 

external events there is no alternative but to vacate 

the currently occupied space, are also included. 

Baseline Adjustments for O&M 

Increases -3 - 

In accordance with space maximization efforts 

across the Federal Government, this adjustment 

captures the associated increase to baseline 

operations and maintenance requirements 

resulting from movement out of GSA or directleased (commercial) space and into Bureau-owned 

space. While the GSA portion of fixed costs will 

go down as a result of these moves, Bureaus often 

encounter an increase to baseline O&M costs not 

otherwise captured in fixed costs. This category of 

funding properly adjusts the baseline fixed cost 

amount to maintain steady-state funding for these 

requirements. 
TAB

Budget at a Glance 
Page Intentionally Left Blank
Budget-At-A-Glance 

Office of Surface Mining Reclamation and Enforcement 17

BUDGET AT A GLANCE 

INTRODUCTION 

The following tables provide a snapshot of the cost changes by appropriation, business line and activities 

within those business lines. Below is a summary description. 

Regulation and Technology 

This appropriation finances the regulatory functions of SMCRA as administered by the States and OSMRE. 

Federal activities related to the administration and monitoring of State regulatory programs and OSMRE’s 

technical training, assistance, and transfer activities related to environmental protection are also financed 

by this appropriation. The request is $122,076. 

Abandoned Mine Reclamation Fund 

This appropriation supports the discretionary reclamation program functions carried out by the States, 

Tribes and OSMRE. The Fund is derived from a fee on each ton of coal produced for sale, transfer, or use. 

The Fund also supports Federal activities related to the administration and monitoring of State programs, 

as well as OSMRE’s technical training, assistance, and transfer activities related to environmental 

restoration. The request is $149,142. 

Summary of 2022 CR and 2023 Request 

By Appropriation and Business Line 

(Dollars in Thousands) 

Regulation and Technology 2022 CR 2023

Request

Change from 

2022

Environmental Protection 88,562 89,554 +992 

Technology Development and Transfer 14,765 16,147 +1,382 

Financial Management 505 535 +30 

Executive Direction and Administration 13,936 15,840 +1,904 

Total, without Offsetting Collections 117,768 122,076 +4,308 

Civil Penalties (Budget Authority) 100 100 - 

Permit Fees (Offsetting Collections) 40 40 - 

Total, Regulation and Technology with Civil 

Penalties and Offsetting Collections 117,908 122,216 +4,308 

Abandoned Mine Reclamation Fund 2022 CR 2023

Request

Change from 

2022

Environmental Restoration 124,480 132,170 +7,690 

Technology Development and Transfer 3,608 4,287 +679 

Financial Management 5,277 6,161 +884 

Executive Direction and Administration 6,466 6,524 +58 

Total, Abandoned Mine Reclamation Fund 139,831 149,142 +9,311 

Total Appropriation (without Civil Penalties 

and Offsetting Collections) 257,599 271,218 +13,619

Total Appropriation, with Civil Penalties 

and Offsetting Collections 257,739 271,358 +13,619
Budget-At-A-Glance 

Office of Surface Mining Reclamation and Enforcement 18

Summary of 2022 CR and 2023 Request By 

Full-time Equivalent (FTE) 

Regulation and Technology 2022 CR 2023

Estimate 

Change from 

2022

Environmental Protection 172 181 +9

Technology Development and Transfer 78 81 +3

Financial Management 3 3 - 

Executive Direction and Administration 45 47 +2

Total, Regulation and Technology FTE 298 312 +14 

Abandoned Mine Reclamation Fund 2022 CR 2023

Estimate 

Change from 

2022

Environmental Restoration 35 43 +8

Technology Development and Transfer 15 18 +3

Financial Management 29 33 +4

Executive Direction and Administration 21 21 - 

Total, Abandoned Mine Reclamation Fund FTE 100 115 +15 

Total FTE 398 427 +29 
Budget-At-A-Glance 

Office of Surface Mining Reclamation and Enforcement 19

Budget at a Glance Table 

(Dollars in Thousands) 

Discretionary 

Appropriation: Regulation and Technology 

2021

Actual 2022 CR 

Fixed 

Cost 

(+/-) 

Internal 

Transfers 

(+/-) 

Program 

Change 

(+/-) 

2023

Request

Environmental Protection 88,598 88,562 +976 - +16 89,554 

State and Tribal Funding 68,590 68,590 -3,590 65,000 

Reduce Regulatory Grant Funding [-3,590]

State Program Evaluation 8,080 8,080 +461 +729 9,270 

Replace Hydrocarbon-powered Vehicles with ZEVs [+365] 

2022 Baseline Capacity [+364] 

Federal Program/1 4,289 4,264 +177 +280 4,721 

Funded by Offsetting Collections [-3] [-28]

Replace Hydrocarbon-powered Vehicles with ZEVs [+140] 

2022 Baseline Capacity [+140] 

Indian Lands Program/2 1,799 1,788 +81 +1,622 3,491 

Funded by Offsetting Collections [-1] [-12]

Establish Indian Lands Program for Oklahoma [+1,450

] 

 

Replace Hydrocarbon-powered Vehicles with ZEVs [+104]

2022 Baseline Capacity [+68] 

Federal Lands 1,436 1,436 +57 +172 1,584

Replace Hydrocarbon-powered Vehicles with ZEVs [+45] 

2022 Baseline Capacity [+46] 

Program Development and Maintenance 4,404 4,404 +200 +884 5,488 

Enhance Records Management Capabilities [+500] 

Justice40 Initiative [+225] 

2022 Baseline Capacity [+159] 

Technology Development and Transfer 14,765 14,765 +442 - +940 16,147 

Technical Assistance 10,668 10,668 +271 +718 11,657 

Enhance Information Technology Systems Support [+500] 

2022 Baseline Capacity [+218] 

Training 2,060 2,060 +108 +172 2,340 

Replace Hydrocarbon-powered Vehicles with ZEVs [+86] 

2022 Baseline Capacity [+86] 

Technology Transfer 2,037 2037 +63 +50 2,150 

2022 Baseline Capacity [+50] 
Budget-At-A-Glance 

Office of Surface Mining Reclamation and Enforcement 20

Appropriation: Regulation and Technology (cont.) 

2021

Actual 2022 CR 

Fixed 

Cost 

(+/-) 

Internal 

Transfers 

(+/-) 

Program 

Change 

(+/-) 

2023

Request

Financial Management 505 505 +17 - +13 535 

Revenue Management 407 407 +12 +9 428 

2022 Baseline Capacity [+9] 

Grants Financial Management 98 98 +5 +4 107 

2022 Baseline Capacity [+4] 

Executive Direction and Administration 13,936 13,936 +345 - +1,559 15,840 

Executive Direction 2,054 2,054 +85 +202 2,341 

Diversity, Equity, Inclusion and Accessibility Initiative [+134] 

2022 Baseline Capacity [+68] 

Administrative Support 3,663 3,663 +171 +260 4,094 

Restructure Division of Acquisition Management [+124] 

2022 Baseline Capacity [+136] 

General Services 8,219 8,219 +89 +1,097 9,405 

Maintain ZEV Charging Infrastructure [+214] 

2022 Baseline Capacity [+883] 

TOTAL, Regulation and Technology (w/o rescission) 117,804 117,768 +1,780 - +2,528 122,076 

Rescission of Prior Year Balances -25,000 -25,000 - - +25,000 - 

TOTAL, Regulation and Technology (w/ rescission) 92,804 92,768 +1,780 - +27,528 122,076 

1. FY 2021 Actual reflects $25,107 in appropriated funds for Permit Fee activities in Environmental Protection.

2. FY 2021 Actual reflects $11,000 in appropriated funds for Permit Fee activities in Environmental Protection.
Budget-At-A-Glance 

Office of Surface Mining Reclamation and Enforcement 21

Appropriation: Abandoned Mine Reclamation Fund

2021

Actual 2022 CR 

Fixed 

Cost 

(+/-) 

Internal 

Transfers 

(+/-) 

Program 

Change 

(+/-) 

2023

Request 

Environmental Restoration 124,480 124,480 +214 - +7,476 132,170 

State and Tribal Funding - - - +500 500 

Establish Passive Treatment Protection Program Grants [+500]

State Program Evaluation 2,707 2,707 +93 +110 2,910 

Replace Hydrocarbon-powered Vehicles with ZEVs [+44] 

2022 Baseline Capacity [+66] 

Federal Reclamation Programs - Projects 1,299 1,299 +4,820 6,119 

Fund Federal Emergency Reclamation Projects [+785] 

Fund Priority Federal Reclamation Projects (OK) [+4,035]

Federal Reclamation Program - Operations 2,081 2,081 +27 ] +1,230 3,338 

Establish Federal Reclamation Program for Oklahoma [+1,170] 

Replace Hydrocarbon-powered Vehicles with ZEVs [+38] 

2022 Baseline Capacity [+22] 

Program Development and Maintenance 3,393 3,393 +94 +816 4,303 

Interagency Working Group on Energy Communities [+250] 

Enhance Records Management Capabilities [+500] 

2022 Baseline Capacity [+66] 

AML Economic Development Grants 115,000 115,000 - 115,000 

Technology Development and Transfer (TDT) 3,608 3,608 +92 - +587 4,287 

Technical Assistance 1,626 1,626 +42 +531 2,199 

Enhance Information Technology Systems Support [+500] 

2022 Baseline Capacity [+31] 

Training 814 814 +44 +52 910 

Replace Hydrocarbon-powered Vehicles with ZEVs [+21] 

2022 Baseline Capacity [+31] 

Technology Transfer 1,168 1,168 +6 +4 1,178 

2022 Baseline Capacity [+4] 
Budget-At-A-Glance 

Office of Surface Mining Reclamation and Enforcement 22

Appropriation: Abandoned Mine Reclamation Fund (cont.)

2021

Actual 2022 CR 

Fixed 

Cost 

(+/-) 

Internal 

Transfers 

(+/-) 

Program 

Change 

(+/-) 

2023

Request 

Financial Management 5,277 5,277 +176 - +708 6,161 

Fee Compliance 5,164 5,164 +172 +204 5,540 

Replace Hydrocarbon-powered Vehicles with ZEVs [+82] 

2022 Baseline Capacity [+122] 

Grants Financial Management 113 113 +4 +504 621 

Enhance Financial Management Capabilities [+500] 

2022 Baseline Capacity [+4] 

Executive Direction and Administration 6,466 6,466 -343 - +401 6,524 

Executive Direction 910 910 +44 +97 1,051 

Diversity, Equity, Inclusion and Accessibility Initiative [+66] 

2022 Baseline Capacity [+31] 

Administrative Support 1,888 1,888 +86 +123 2,097 

Restructure Division of Acquisition Management [+61] 

2022 Baseline Capacity [+62] 

General Services 3,668 3,668 -473 +181 3,376 

Build ZEV Charging Infrastructure [+53] 

2022 Baseline Capacity [+128] 

TOTAL, Abandoned Mine Reclamation Fund (w/o 

supplemental, rescission, and transfer) 139,831 139,831 +139 - +9,172 149,142 

Rescission of Prior Year Balances -10,000 -4,753 - - +4,753 - 

Bipartisan Infrastructure Law (P.L.117-58) - 11,293,000 - - -11,293,000 - 

Transfer to OIG (P.L. 117-58) - -56,465 - - +56,465 - 

TOTAL, Abandoned Mine Reclamation Fund (w/ 

supplemental, rescission, and transfer) 129,831 11,371,613 +139 - -11,222,610 149,142 
Budget-At-A-Glance 

Office of Surface Mining Reclamation and Enforcement 23

Total Discretionary Funding

2021

Actual 2022 CR 

Fixed 

Cost 

(+/-) 

Internal 

Transfers 

(+/-) 

Program 

Change 

(+/-) 

2023

Request 

TOTAL, Discretionary Funding (w/o supplemental, 

rescissions, and transfer) 257,635 257,599 +1,919 - +11,700 271,218 

Rescission of Prior Year Balances -35,000 -29,753 - - +29,753 0 

Bipartisan Infrastructure Law (P.L.117-58) - 11,293,000 - - -11,293,000 - 

Transfer to OIG (P.L. 117-58) - -56,465 - - +56,465 - 

TOTAL, Discretionary Funding (w/ supplemental, rescissions, 

and transfer) 222,635 11,464,381 +1,919 - -11,195,082 271,218 

Budget Resources with Offsetting Collections/1

2021

Actual/2 2022 CR 

Fixed 

Cost 

(+/-) 

Internal 

Transfers 

(+/-) 

Program 

Change 

(+/-) 

2023

Request 

Total Regulation and Technology 117,804 117,768 +1,780 - +2,528 122,076 

Civil Penalties 44 100 100 

Offsetting Collections - Permit Fees 4 40 40

Total Regulation and Technology (with Civil Penalties and 

Offsetting Collections) 117,852 117,908 +1,780 - +2,528 122,216 

Total Abandoned Mine Reclamation Fund 139,831 139,831 +139 - +9,172 149,142 

Total, Budget Resources with Offsetting Collections 257,683 257,739 +1,919 - +11,700 271,358 

1. Does not include rescissions of prior year balances enacted in FY 2021, Bipartisan Infrastructure Law (P.L.117-58), and Transfer to OIG. 

2. FY 2021 Actual reflects actual Civil Penalties collections of $44,242, actual Permit Fee collections of $3,893, and $36,107 in appropriated funds for 

Permit Fee activities in Environmental Protection. 
Budget-At-A-Glance 

Office of Surface Mining Reclamation and Enforcement 24

Mandatory Funding 

2021

Actual 2022 CR 

Fixed 

Cost 

(+/-) 

Internal 

Transfers 

(+/-) 

Program 

Change 

(+/-) 

2023

Request

Payments to States and Tribes in Lieu of Coal Fee 

Receipts (Treasury Funds) 39,950 37,437 - - -8,737 28,700 

In Lieu Payments to Certified States and Tribes 39,950 37,437 -8,737 28,700 

Mandatory Grants to States (AML Funds) 121,472 115,668 - - -15,013 100,655 

Grants to Noncertified States 

State & Tribal Share 19,693 19,842 -2,342 17,500 

Historic Coal Fund 75,736 71,804 -15,410 56,394 

Minimum Program Make Up 26,043 24,022 +2,739 26,761 

Total Payments/Grants to States and Tribes 161,422 153,105 - - -23,750 129,355 

Less Mandatory Sequester -9,201 -8,727 -7,373 

Total Payments/Grants to States and Tribes (after 

Mandatory Sequestration)* 152,221 144,378 - - -22,396 121,982 

United Mine Workers of America Plans (UMWA) 739,667 732,348 - - +71,689 804,037 

Payments to United Mine Workers of America (UMWA) 

Health Benefit Plans (AML Fund Interest) 29,220 19,404 

 

 

 

 

 

 

+62,952 82,356 

Payments to UMWA Health Benefit Plans (Treasury Funds) 388,291 331,259 +9,102 340,361 

Payments to 1974 UMWA Pension Plan (Treasury Funds) 322,156 381,685 -365 381,320 

TOTAL, Mandatory Funding 901,089 885,453 - - +47,939 933,392 

Total Mandatory Funding with Sequestration* 891,888 876,726 - - 49,293 926,019 

* Mandatory grants to States and Tribes are subject to sequestration pursuant to the Balanced Budget and Emergency Deficit Control Act. Mandatory 

distributions to States and Tribes were reduced by 5.7% for FYs 2021 through 2023, in accordance with the reductions to other non-exempt 

nondefense mandatory programs specified in the OMB Report to Congress on the Joint Committee Reductions for FY 2021.
TAB

Environmental Restoration 
Page Intentionally Left Blank
Environmental Restoration 

Office of Surface Mining Reclamation and Enforcement 25

ENVIRONMENTAL RESTORATION 

Environmental Restoration Budget Request 

(Dollars in Thousands)

2021 

Actual

2022 CR Fixed 

Costs 

(+/-) 

Internal 

Transfers 

(+/-) 

Program 

Changes 

(+/-) 

2023

Request 

Change 

From 

2022 

(+/-) 

Abandoned Mine 

Reclamation Fund 124,480 124,480 +214 - +7,476 132,170 +7,690 

State and Tribal Funding - - - +500 500 +500 

State Program Evaluation 2,707 2,707 +93 +110 2,910 +203 

FTE 28 15 - 15 - 

Federal Programs - Projects 1,299 1,299 - +4,820 6,119 +4,820 

Federal Programs - 

Operations 2,081 2,081 +27 +1,230 3,338 +1,257 

FTE 2 5 +8 13 +8

Program Development 

and Maintenance 3,393 3,393 +94 +816 4,303 +910 

FTE 8 15 - 15 - 

AML Economic 

Revitalization (AMLER) 

Grants 

115,000 115,000 - - 115,000 - 

Total, Environmental 

Restoration 124,480 124,480 +214 - +7,476 132,170 +7,690 

Total FTE 38 35 - - +8 43 +8

In addition to the discretionary appropriations above, OSMRE will also distribute mandatory funding for 

AML reclamation as outlined in the Permanent Appropriations Section. 
Environmental Restoration 

Office of Surface Mining Reclamation and Enforcement 26

Summary of 2023 Program Changes for Environmental Restoration 

Request Component ($000) FTE 

Establish Passive Treatment Protection Program +500 - 

Establish Federal Reclamation Program for Oklahoma +1,170 +8

Fund Federal Emergency Reclamation Projects +785 - 

Replace Hydrocarbon-powered Vehicles with ZEVs +82 - 

Fund Priority Federal Reclamation Projects (Oklahoma) +4,035 - 

Support Interagency Working Group +250

Enhance Records Management Capabilities +500 

2022 Baseline Capacity +154 - 

TOTAL Program Changes +7,476 +8

The Environmental Restoration program evaluates State and Tribal AML programs, ensures abatement of 

mining related hazards, and fosters partnerships to address acid mine drainage. In FY 2023, the 

Environmental Restoration program plans to remediate 9,800 acres of abandoned coal mine lands by 

eliminating health, safety, and environmental concerns. These remediation efforts will result in providing 

several hundred thousand people with reduced exposure to safety risks from abandoned mine lands. 

Justification of 2023 Program Changes 

The 2023 budget request for Environmental Restoration is $132,170,000 and 43 FTE, a program change of 

+$7,476,000 and +8 FTE from the 2022 CR level. 

Passive Treatment Protection Program (PTPP) Grants (+$500,000): The 2023 budget includes funding 

to establish a program to help protect the investments made over the past several years in constructing 

passive treatment systems designed to address water pollution discharges from abandoned mine lands by 

providing grants to non-governmental organizations and to local and State government agencies to help 

operate, maintain, and rehabilitate abandoned mine land passive treatment systems. 

Enhance Records Management Capabilities (+$500,000): The 2023 budget includes funding for a 

contracted effort to get OSMRE’s SMCRA Title V legacy paper and electronic records, and supporting 

information digitized, subject matter referenced, and filed in an accessible, user-friendly format. This effort 

supports record management compliance requirements, improved Freedom of Information Act response, 

and increased employee efficiency and effectiveness. 

Federal Reclamation Program for Oklahoma (+$1,170,000/+8 FTE): The requested funds will allow 

OSMRE to establish a new Federal Reclamation Program in Oklahoma to assume responsibility for 

reclamation of AML sites on the Indian Lands within the State. The recent decision of the U.S. Supreme 

Court in McGirt v. Oklahoma, 140 S.Ct. 2452 (2020), recognized the existence of the historic Muscogee 

(Creek) Reservation in Oklahoma. Based on the McGirt decision, land within the exterior boundaries of the 

Muscogee (Creek) Nation is considered Indian Lands, as defined by the Surface Mining Control and 

Reclamation Act of 1977 (SMCRA). In 2021, the Oklahoma Court of Criminal Appeals ruled additional 
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Office of Surface Mining Reclamation and Enforcement 27

reservations in Oklahoma were likewise never disestablished. This program change was included in the FY 

2022 President’s Budget request. 

Federal Emergency Reclamation Projects (+$785,000): OSMRE manages emergency abatement 

projects in States and on Tribal lands where the State or Tribe has no approved regulatory program and in 

those States that have not been delegated this authority. The emergency reclamation projects protect lives, 

resources, and property, and provide immediate relief from abandoned mine hazards that threaten public 

health and safety. Over the past several years, OSMRE has expended an annual average of approximately 

$742,986 to address AML emergencies using available unobligated balances from prior year 

appropriations. OSMRE projects that those available balances will be exhausted by early FY 2023. The 

requested funds will ensure that OSMRE has sufficient resources to effectively address emergency 

situations that impact health and safety as they arise. This program change was included in the FY 2022 

President’s Budget request. 

Zero Emission Vehicle Fleet Conversions (+$82,000) – The 2023 budget includes funding to accelerate 

the conversion of OSMRE’s fleet to zero emission vehicles (ZEVs) and provide charging stations and 

hydrogen fueling stations to support those vehicles and future ZEVs. This conversion will immediately 

reduce the Interior’s contributions to greenhouse gas emissions and dependence upon hydrocarbons. The 

investment in infrastructure will support these new vehicles and ensure charging infrastructure is available 

for subsequent ZEVs. This project is being coordinated across Interior and with other agencies to maximize 

utility of charging and hydrogen fueling stations in areas where multiple agencies operate. The funding 

also supports a small planning and coordination function to effectively deploy the fleet and charging 

infrastructure. 

Priority Federal Reclamation Projects in Oklahoma (+$4,035,000): Pursuant to the Supreme Court 

decision in McGirt v. Oklahoma, OSMRE has assumed responsibility for the reclamation of all AML 

priorities on Tribal lands in Oklahoma. These priorities projects were previously addressed by Oklahoma 

with mandatory grants provided to the State. Per SMCRA provisions in 30 U.S.C. § 1231(d)(1), moneys 

from the Abandoned Mine Reclamation Fund are available to the Secretary for expenditures on Federal 

SMCRA responsibilities only when appropriated for those purposes. 

Interagency Working Group (IWG) on Coal and Power Plant Communities and Economic 

Revitalization (+$250,000): The 2023 budget includes funding to advance the Administration’s policy on 

economic revitalization of coal, oil and gas, and power plant communities as set forth in Executive Order 

14008. The IWG is co-chaired by the Director of the National Economic Council and the National Climate 

Advisor and administered by the Secretary of Energy via the Director of the National Energy Technology 

Laboratory. The funding will support administration and capacity building activities associated with the 

IWG, including but not limited to support for research and analysis to inform investment decisions, 

interagency coordination, and stakeholder engagement activities. 

Baseline Capacity (+$154,000): The 2023 budget includes important investments in programs needed to 

help strengthen America and increase competitiveness as the world continues to change. These investments 

include funding needed to maintain a strong, talented workforce and the must pay requirements needed to 

continue to fulfill the OSMRE mission. The budget includes $154,000 in this activity, which reflects the 

incremental amount needed to cover the fixed costs associated with mission operations in FY 2022. This 
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Office of Surface Mining Reclamation and Enforcement 28

request in combination with the FY 2023 fixed costs amounts will allow the program to meet must pay 

requirements without impacting program activities. 
Environmental Restoration 

Office of Surface Mining Reclamation and Enforcement 29

OVERVIEW 

As stewards of our Nation’s natural and cultural resources, the Department of the Interior is entrusted with 

safeguarding these treasures for future generations. Environmental issues associated with abandoned mine 

sites, such as water pollution, open portals and pits, refuse piles, and land stripped of natural vegetation 

degrade our natural resources and create public health and safety risks. Through the elimination of these 

problems, our land and water resources are improved so that local communities and other partners can make 

further investments in economic redevelopment such as new businesses or recreation facilities, improve 

wildlife habitat, or allow the land to be conserved. Mine site reclamation improves our environment, 

safeguards people and property, and revitalizes communities by creating jobs. 

OSMRE’s Environmental Restoration business line funds operations and projects under the AML Program. 

To administer the AML program, OSMRE evaluates State and Tribal AML programs, ensures abatement 

of high-priority coal mining-related hazards through the Federal Reclamation Program (where OSMRE has 

reclamation responsibility), and fosters partnerships aimed at addressing acid mine drainage and other water 

pollution problems. 

Under SMCRA’s AML program, an annual average of more than 14,000 equivalent acres of abandoned 

mine land problems have been addressed since 1977. SMCRA established priorities for AML problems 

based on direct danger to public health and safety and damage to the environment. Details on the types of 

problems that have been addressed can be found in the AML Reclamation Accomplishments section on 

page 143. OSMRE oversees a national inventory that contains information for over 22,000 problem areas 

associated with abandoned mine lands, mostly from past coal mining. A problem area is a geographical 

area that contains one or more abandoned mine land problems. AML problems are classified by priority: 

• Priority 1 (protection of public health, safety, and property from extreme danger of adverse 

effects of coal mining practices); 

• Priority 2 (protection of public health, safety, and property from adverse effects of coal mining 

practices); or

• Priority 3 (restoration of land and water resources and the environment previously degraded by 

adverse effects of coal mining practices). 

The cost of addressing the remaining Priority 1 and 2 coal-related sites is estimated at $8.1 billion. In 

addition, there is an estimated $5.0 billion of Priority 3 problems, for a total of $14.1 billion of unfunded 

AML problems. 

Funding for the AML program is generated through the mine reclamation fee assessed on current coal 

operations. The authority to collect the mine reclamation fee was revised and extended by the Bipartisan 

Infrastructure Law (Public Law 117-58). This Law extended the authority for fee collection through 

September 30, 2034 and lowered the fee amount beginning in FY 2022. These State and Tribal reclamation 

grants are permanent appropriations. 
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Office of Surface Mining Reclamation and Enforcement 30

The Bipartisan Infrastructure Law also appropriated an additional $11.293 million into the Abandoned 

Mine Reclamation Fund. Those funds will provide grants to States and Indian Tribes over a 15-year period 

beginning in FY 2022, for abandoned mine land and water restorations projects under SMCRA. 

The activities funded under the discretionary appropriation for this business line include State Program 

Evaluation, Federal Reclamation Program Operations and Projects, and Program Development and 

Maintenance. 

Operational Processes (Program 

Activities): The mission goal of the 

Environmental Restoration business line is 

to provide a cleaner and safer environment 

for the American people by reclaiming and 

restoring land and water resources degraded 

by past coal mining. The program activities 

within this business line ensure the 

alleviation of adverse impacts to land and 

water resources caused by past mining 

operations. 

OSMRE coordinates evaluation and 

oversight of the State and Tribal AML 

reclamation operations through the State 

Program Evaluation program activity. 

Federal Reclamation Program Projects and 

Operations provide resources to address 

issues in States and Tribes without an 

approved AML program, as well as for the Watershed Cooperative Agreement Program, which supports 

cooperative conservation through local nonprofit organizations. The Environmental Restoration business 

line also funds the Program Development and Maintenance Program activity, which provides policy 

direction, support, and services to States and Tribes. 

Actions Required to Achieve Annual Goals: In FY 2023 and beyond, OSMRE will continue to encourage 

reclamation partnerships by working with States and Tribes through their reclamation agencies, and through 

private and grassroots associations. In addition, OSMRE will increase efforts to leverage funding from 

other government and non-government organizations to address abandoned mine sites. This emphasis on 

partnership and leveraging of resources supports cooperative conservation efforts. 

Resources, Skills, and Technology Capacity: OSMRE maintains a diverse and multidisciplinary cadre of 

individuals with scientific and engineering skills. The OSMRE staff establish reclamation project design 

and construction criteria, either directly or in conjunction with contractors for Federal programs, and review 

and monitor watershed cooperative agreements and civil penalty and bond forfeiture reclamation projects. 

Program analysts, grant specialists, and other support personnel are needed to implement the State/Tribal 

grants program and to conduct program evaluations. Information technology personnel and contractors are 

ENVIRONMENTAL RESTORATION 

ENCOMPASSES:

State and Tribal Funding

• Passive Treatment Protection Program

State Program Evaluation

Federal Reclamation Program – Projects 

• Watershed Cooperative Agreements

• Civil Penalty Projects

• Federal Emergency Projects

Federal Reclamation Program – Operations 

Program Development and Maintenance

AML Economic Revitalization (AMLER) Grants
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Office of Surface Mining Reclamation and Enforcement 31

needed to maintain and improve the enhanced-Abandoned Mine Land Inventory System (e-AMLIS).

OSMRE maintains the system and network by which the States and Tribes manage their data.

The following section details, by program activity, the funding and FTE resources required to achieve

annual performance goals. It also includes examples of the types of efforts OSMRE undertakes to evaluate 

State and Tribal programs, to address and manage emergency and high-priority issues and projects, and to 

provide reclamation support services to communities affected by coal mining issues.
Environmental Restoration 

Office of Surface Mining Reclamation and Enforcement 32

2023 PROGRAM PERFORMANCE 

Abandoned Mine Reclamation Fund 

SMCRA established the Abandoned Mine Reclamation Fund (AML Fund) to receive the AML fees and 

finance reclamation of coal AML sites. Before the 2006 SMCRA amendments, the reclamation grants to 

States and Tribes were funded through discretionary appropriations. These grants are now funded from 

permanent (mandatory) appropriations. A discussion of AML grant funding in support of eliminating the 

Nation’s highest priority coal problems can be found under the Permanent Appropriations Section. The top 

of Table 1 identifies which States and Tribes have approved AML Programs and receive AML grants from 

permanent appropriations. 

The FY 2023 AML Fund appropriation for Environmental Restoration will cover discretionary spending 

for State Program Evaluation, Federal Reclamation Program Operations, and AML Program Development 

and Maintenance.

Funding appropriated from the AML fund will also cover Federal expenses requested and outlined in 

subsequent business line chapters to cover Technology Development and Transfer, Financial Management, 

and Executive Direction and Administration. 

Addressing AML Emergencies 

Emergencies are AML problems that occur suddenly and present a high probability of physical harm or 

threaten the health, safety, or general welfare of people. These problems must be addressed immediately. 

The process for addressing emergencies that develop on AML sites, and allocating needed funds, is 

dependent on whether the State has an AML program. The 2006 Amendments (P.L. 109-432) created 

different sources of funding for addressing AML issues by allowing for the appropriation of both 

discretionary and mandatory grants. Prior to 2006, OSMRE was responsible for administering emergency 

projects (unless a State chose to address emergencies), despite States otherwise assuming general 

responsibility for addressing the AML issues within its borders. The 2006 Amendments combined 

responsibility for AML issues and AML emergencies under a single authority with a single source of 

funding. OSMRE fully implemented this change beginning in its FY 2011 budget, transferring funding 

responsibility for addressing emergencies in States and Tribes with approved AML programs from the 

discretionary Federal Reclamation Program to mandatory AML grant funds. (see Table 1). 

Recent examples of AML Emergency Projects completed by the States and Tribes under the AML Program 

include: 

Virginia: Straight Hollow Emergency Project – Site No. 48515 – The Straight Hollow Emergency 

Project was located off Straight Hollow RD near Dante, VA. This area was previously stabilized under 

a refuse project in the 1980’s and was being monitored routinely for any additional impacts. In 

December of 2019, Virginia Department of Mines Minerals and Energy (DMME) Division of Mine 

Land Reclamation (DMLR) received a complaint of a dangerous boulder located above a residence in 

the Straight Hollow area. 
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Office of Surface Mining Reclamation and Enforcement 33

Routine monitoring continued, and during a follow up visit in February of 

2020, downward movement of the boulder could be detected. The site was 

declared an AML emergency and prior to the start of remediation, loose 

AML spoil material on the out-slope below the boulder began to move 

downward creating even greater instability of the site. The slide material 

was deposited into the stream in Straight Hollow creating the potential for 

flooding of residents. The AML features at 

the site were categorized as a P1 Dangerous 

Slide. Remedial work included hammering 

and removal of the boulder, removal of the 

unstable spoil material from the slide area 

and the stream channel, and construction of 

diversion ditches to move water away from the slide area. All material 

removed from the site was placed on an upland area adjacent to the slide 

area. Temporary sediment control measures were also installed as needed 

and the site was revegetated upon project completion. The total project 

cost was $246,272.60. 

West Virginia: Rockhouse Branch (Pack) Burning Refuse AML 

Emergency Project – On November 12, 2019, a complaint was 

received by AML personnel concerning a burning refuse pile in 

Logan County, WV. Although the fire had been smoldering for 

some time, the refuse embankment had recently destabilized due 

to the fire. The unstable embankment and fire were adjacent to the 

active Hatfield McCoy Trail System and trail visitors were being 

exposed to the hazards associated with the dangerous refuse 

embarkment. An investigation by AML personnel resulted in an 

AML Emergency Declaration due to the high visitor volume on 

the trail system. Four open portals were discovered during the 

investigation which were included in the project due to their 

proximity to the active trails. An expedited Reclamation Design 

was commissioned, and a Pre-Bid meeting was held for the project 

on April 14, 2020. The reclamation contract was awarded to 

Eastern Arrow Corp., Inc. Eastern Arrow has reclaimed AML 

projects for many years and is experienced with refuse fires. 

Reclamation consisted of 

portal seals, fire 

extinguishing, re-grading the 

refuse for stabilization, 

drainage controls, soil cover and revegetation. Excavation of the 

fire was dangerous and slow. Work was delayed on several 

occasions due to high winds, excessive temperatures, and 

hazardous gases from the fire. An additional waste area was 

required due to fine refuse material (slurry) encountered during 

Straight Hollow AML 

emergency project prior to 

reclamation

Straight Hollow AML 

emergency project post 

reclamation

Rockhouse Branch (Pack) Burning Refuse 

Emergency pre-reclamation

Rockhouse Branch (Pack) Burning 

Refuse Emergency coal refuse 

extinguishment during construction

Rockhouse Branch (Pack) Burning Refuse 

Emergency post reclamation
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Office of Surface Mining Reclamation and Enforcement 34

the refuse regrade. The fine material was exported to ensure the remaining embankment would remain 

stable. Approximately 210,000 cubic yards of refuse were handled to extinguish the fire and stabilize 

the embankment. The project reclaimed approximately nine acres of pre-law disturbance and finished 

on February 9, 2021. Final cost totaled $1,426,998.92 including portal seals, drainage controls and other 

incidental work. 

Table 1 – State, Tribal, and Federal Responsibility for the AML Program 

Responsible Party AML Program Emergency Issues

State and Tribal 

Responsibility 

Alabama 

Alaska 

Arkansas 

Colorado 

Illinois 

Indiana 

Iowa 

Kansas 

Kentucky 

Louisiana 

Maryland 

Mississippi 

Missouri 

Montana 

New Mexico 

North Dakota 

Ohio 

Pennsylvania 

Tennessee 

Texas 

Utah 

Virginia 

West Virginia 

Wyoming 

Crow Tribe 

Hopi Tribe 

Navajo Nation 

Alabama 

Alaska 

Arkansas 

Colorado 

Illinois 

Indiana 

Iowa 

Kansas 

Kentucky 

Louisiana 

Maryland 

Mississippi 

Missouri 

Montana 

New Mexico 

North Dakota 

Ohio 

Pennsylvania 

Tennessee 

Texas 

Utah 

Virginia 

West Virginia 

Wyoming 

Crow Tribe 

Hopi Tribe 

Navajo Nation 

Federal 

Responsibility 

California 

Georgia 

Idaho 

Massachusetts 

Michigan 

North Carolina 

Oklahoma* 

Oregon 

Rhode Island 

South Dakota 

Washington 

Tribes other than 

Crow, Hopi, and 

Navajo* 

California 

Georgia 

Idaho 

Massachusetts 

Michigan 

North Carolina 

Oklahoma* 

Oregon 

Rhode Island 

South Dakota 

Washington 

Tribes other than 

Crow, Hopi, and 

Navajo* 

*OSMRE has conducted AML reclamation projects on Tribal lands across the Nation and, in FY 

2021, assumed responsibility for AML reclamation projects on all Tribal lands in Oklahoma. 

State and Tribal Funding 

Passive Treatment Protection Program. In the House Appropriations Committee report accompanying the 

FY 2021 Appropriations Act, Congress expressed its concern about protecting the investments made over 

the past several years in constructing passive treatment systems designed to address water pollution 

discharges from abandoned mine lands. The FY 2023 budget request includes $500,000 to implement a 

program to address those concerns by providing grants to non-governmental organizations and to local and 

State government agencies to help operate, maintain, and rehabilitate abandoned mine land passive 

treatment systems that were previously constructed to address water pollution from mine drainage. 
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Office of Surface Mining Reclamation and Enforcement 35

State Program Evaluation 

SMCRA requires OSMRE to monitor the progress and quality of each State and Tribal program to ensure 

the reclamation programs function effectively. Evaluations of State and Tribal reclamation programs help 

facilitate more efficient and effective use of program dollars for the intended purpose. The FY 2023 budget 

request includes $2,910,000 and 15 FTE for State Program Evaluation activities. 

OSMRE reviews documents submitted by States and Tribes (e.g., grant applications, amendments, reports), 

and conducts periodic drawdown reviews and on-site evaluations of selected reclamation projects. OSMRE 

also provides the States and Tribes with expert technical assistance on reclamation projects. OSMRE, 

States, and Tribes hold conferences and forums to discuss reclamation issues, technology, and solutions to 

reclamation problems. 

OSMRE utilizes topic-specific oversight reviews to monitor State and Tribal AML program operations. 

Instead of reviewing entire programs each year, the appropriate OSMRE field office, in consultation with 

each State or Tribe, develops a performance agreement which addresses the areas to be reviewed and 

performance measures to be established. Since much of topic-specific oversight is trend analysis, and 

because the interaction between the programs and OSMRE is continual, performance agreements may be 

for periods longer than one year. However, OSMRE reviews them each year to determine the progress 

being made. 

Performance agreements first address the overriding goal of the AML program, which is successful 

reclamation. They recognize that if the State or Tribe is permanently reclaiming abandoned mine sites by 

abating hazards, reducing, or mitigating adverse effects of past mining, and restoring adversely affected 

lands and water to beneficial use, then it is conducting an effective program. 

OSMRE also encourages States and Tribes to maintain ongoing programs for post-project monitoring. This 

ensures that completed reclamation projects receive adequate maintenance until reclaimed lands are stable 

and that reclamation designs are effective. OSMRE evaluations of post-construction monitoring ensure 

implementation of these types of State monitoring plans. 

Recent examples of projects completed by the States and Tribes under the AML Program include: 

Maryland – Wolfden Run Stream Restoration Project – The Wolfden Run Stream Restoration Project 

is in Garrett County, Maryland near the town of Kitzmiller and 

the North Branch Potomac River. Pre-SMCRA deep mining 

and surface mining operations severely impacted the 

floodplain and stream channel of an unnamed tributary to 

Wolfden Run. When mining was completed in 1973, there was 

2200 feet of unreclaimed highwall, 20 acres of spoil and a 

stream clogged with surface mine spoil and coal refuse. By 

the time the Maryland AML Division began working on the 

project, the banks of the unnamed tributary were severely 

eroded with thousands of tons of sediment washed 

downstream. Heavy erosion of the stream carried sediment 

Highly eroded stream channel and banks of 

Wolfden Run which was filled with mine spoil 

from a pre-SMCRA surface coal mine.
Environmental Restoration 

Office of Surface Mining Reclamation and Enforcement 36

into Wolfden Run, the Potomac River and caused 

flooding of two downstream county roads. The project 

was completed in late 2018 and restored the floodplain 

and stabilized the stream channel using geomorphic 

stream restoration technics. The site was revegetated 

with grasses to provide immediate stabilization and 

trees to provide long-term restoration of the riparian 

area. The project was successful in preventing large 

amounts of sediment from entering Wolfden Run and 

the Potomac River and eliminating the frequent 

flooding of the county roads. A subsequent project has 

eliminated the remaining dangerous highwall. 

West Virginia – Ridgeway Drive Landslides AML Project – The projects on Ridgeway Drive involved 

two, adjacent landslides. Daniel Ferrell reported a 5-foot drop along a roughly 300-foot scarp line. The 

landslide formed within 25 feet of the homes of two families. The sites were known as the Ferrells and 

Blounts Projects. The danger posed to both residences was extreme given the unstable nature of the 

soil. 

The decision was made to use a novel approach to soil 

stabilization by employing the services of GeoStabilization 

International LLC (GSI). GSI specializes in using proprietary 

soil nailing techniques to achieve superior soil retention in 

high-risk areas. The work to be done was split between two 

contracts. The first contract went to GSI to install the soil nail 

barrier. The second contract was awarded to J.F. Allen 

Company (J.F. Allen) to perform clearing and grubbing, access 

road construction, erosion and sediment control, and the 

installation of drainage structures. The project was completed 

for a total cost of $2,442,192.68. 

The second landslide was located adjacently to the work performed on the Ferrell project. The scarp 

line ran roughly 110 feet, southwest from the property. It was variable in height from 6 inches to 4 feet. 

The scarp line approached to within 20 feet of the residence. Evidence of further sliding was discovered 

on the southeastern-facing hillside below the scarp line. 

The location of the landslide placed eight homes in 

jeopardy. The findings of the Ferrell project demonstrated 

that the landslide reported was eligible for AML funded 

remediation. It was decided to excavate the slipped 

material and to retain the hillside with an extensive, stone 

buttress. Due to the presence of water at the top of the hill, 

a series of drainways were placed within the buttress to 

dewater the hill. The contract was awarded to Solid Rock 

Excavating, Inc. The project was completed for a total of 

$986,574.65. 

Wolfden Run after reclamation showing the stabilized 

stream banks and reconstructed stream channel which 

employed geomorphic stream design techniques.

A section of Ridgeway Drive Landslides

after reclamation

Aerial photo showing Ridgeway Drive Landslides 

post reclamation
Environmental Restoration 

Office of Surface Mining Reclamation and Enforcement 37

Federal Reclamation Program 

OSMRE directly addresses environmental hazards on a priority basis when an emergency occurs in States 

or on Tribal lands without AML programs. It also administers high priority projects funded by Federal civil 

penalties collected from operators and projects funded from bonds forfeited by operators of Federally 

permitted sites. 

a. Federal Reclamation Projects 

The request includes a total of $6,119,000 for Federal reclamation projects; $4,035,000 for Federal 

reclamation projects on Tribal lands in Oklahoma (previously funded through permanent appropriation 

grants to the state of Oklahoma), $785,000 for Federal emergency reclamation projects, and $1,299,000 

for watershed cooperative agreements. In addition to the requested funds, OSMRE will also continue 

to administer Federal reclamation projects in FY 2023 utilizing available civil penalty funds collected, 

as authorized in SMCRA. 

(1) Watershed Cooperative Agreement Projects 

OSMRE designed the Watershed Cooperative Agreement Program (WCAP) to assist citizens 

affected by the negative environmental impacts from coal mining. This program, initially 

implemented in 1999, makes funds available directly to not-for-profit organizations, primarily 

small local watershed organizations. These community-based organizations undertake local 

projects to clean streams affected by Acid Mine Drainage (AMD).1 The watershed organizations 

that apply for the funding typically receive up to $100,000 for each reclamation project. Funds are 

primarily used for project construction. Local organizations are encouraged to have other partners 

contribute either funding or in-kind services, which increases the reach and impact of Federal 

resources. OSMRE’s WCAP funding results in improvements of land and water resources and 

promotes other beneficial uses such as fish and wildlife habitat and recreational areas. Communities 

are strengthened and capacity increased due to the awareness, knowledge, and outreach that this 

program fosters. 

Recent examples of projects funded under the WCAP include: 

1 A companion project that contributes to the activities to abate AMD is the Acid Drainage Technology Initiative 

(ADTI). ADTI is funded under the Technology Development and Transfer business line. Further details on ADTI 

efforts are found in that business line section. 
Environmental Restoration 

Office of Surface Mining Reclamation and Enforcement 38

Pennsylvania – Cherry Run WCAP 

Project – The Western Pennsylvania 

Conservancy (WPC) installed a new 

passive treatment system to collect and 

treat two separate discharges along 

Cherry Run in Elk County 

Pennsylvania. These discharges are 

coming from abandoned deep mine 

entries. The WPC worked with the PA 

Department of Environmental Protection Bureau of Abandoned Mine Reclamation (BAMR) to 

abate the discharges, with funding support from BAMR, 

OSMRE, Trout Unlimited, and a local fundraising 

campaign. BAMR also finished a project immediately 

adjacent to the WPC Cherry Run Treatment System 

project during the same time frame. When fully 

complete these projects will have the potential to 

completely restore Cherry Run and to help restore the 

larger watershed of the Bennet Branch of the 

Sinnemahoning. This project was originally funded by 

OSMRE in 2015, WPC required additional funds to 

complete the project and an amendment to the WCAP 

was awarded in 2019. The work was completed in the summer of 2020. With the completion of 

the project, it is anticipated that seven miles of stream will be restored to wild trout fishery. 

West Virginia – Beaver Creek at Auman Road Passive Acid 

Mine Drainage Treatment WCAP Project – The Beaver 

Creek at Auman Road Passive Acid Mine Drainage 

Treatment WCAP Project is located in a headwater 

tributary of Beaver Creek of the Big Sandy Creek of the 

Cheat River. The unnamed tributary of Beaver Creek 

receives acid mine drainage (AMD) from a pre-SMCRA 

coal mine. AMD from this specific site contributed 

approximately 50 tons/year of acidity, 7 tons/year of 

aluminum, 

1.3 tons/year 

of iron, and 1.9 tons/year of manganese to the 

stream. Stream quality information maintained by 

the State of West Virginia listed this site as the 

largest contributor of iron and aluminum into the 

watershed. This site, which consists of two AMD 

discharges, was a priority for Friends of the Cheat 

(FOC), as it was one of the last untreated sources 

of AMD to Beaver Creek. In June 2019, the FOC 

received a WCAP grant in the amount of $131,025 

Cherry Run Passive Treatment System under construction

in Jay Township, Elk County, Pennsylvania

Collection pond and Vertical Flow Pond at

the Cherry Run Passive Treatment System 

Beaver Creek at Auman Road WCAP

project post reclamation.

Beaver Creek Treatment Plant showing

nearly complete settling ponds and wetland.
Environmental Restoration 

Office of Surface Mining Reclamation and Enforcement 39

to supplement Environmental Protection Agency (EPA) funding of $175,100 and FOC in-kind 

funding of $26,000 to design and construct a passive AMD treatment system to reduce the above 

outlined stream impairments by 80%. These reductions would be accomplished by the 

installation of a series of auto-flushing limestone beds, open limestone channels, settling ponds, 

and a wetland. Construction of the system was recently completed, and the project’s proposed 

accomplishments have been achieved. As with all AMD treatment systems, discharges will be 

monitored by the watershed group to ascertain any future maintenance requirements. 

DeLong Reclamation Project (Iowa): This project is located approximately 1.6 Miles SE of 

Attica, IA, and 5 miles west of Bussey, IA. The approximately 23.6-acre abandoned mine land 

(AML) site was mined prior to 1977. The reclamation project will eliminate the coal mining 

features that present a danger to the health and safety of the public and resulting acid mine 

drainage. The site is approximately 1.85 miles upstream of the North Cedar Creek which has a 

coveted Covered Bridge downstream from where the tributary enters North Cedar Creek and is 

in proximity to a river/stream used for fishing and canoeing, as well as public parks. The goal of 

the project is to reclaim the project area to alleviate AML priority features and establish a 

permanent seeding to stabilize the site. The site design re-establishes pre-mining drainage 

patterns. The DeLong project will be reclaimed using Natural Regrade. This design creates 

miniature watersheds within the watershed to help disperse surface runoff into multiple channels 

slowing the water down and preventing erosion. Water is discharged into a main meandering 

channel that flows through the site. Water will then pass through a wetland allowing treatment 

before being discharged from the site into an unnamed tributary of North Cedar Creek. The site 

will be seeded with three different mixes: 1) warm and cool season grasses and will be used for 

upland wildlife habitat and erosion control, 2) wetland fringe grasses, rushes, and sedges will be 

planted to promote wildlife habitat and promote water quality, and 3) pollinator mix. This will 

be put in strategic areas to help promote pollinator species and to provide habitat and food for 

the Monarch Butterfly. According to the project design, construction will abate all the hazardous 

abandoned mine land features. The construction contract will clear, re-grade and re-vegetate 

approximately 23.6 acres utilizing a Natural Regrade method for reclamation. The Iowa AML 

program has overseen more than 50 similar, and successful, reclamation and AMD remediation 

projects. The project is proposed to be funded through a requested $100,000 from OSMRE 

WCAP to be used with $634,893.50 in project partner funding. This program makes funds 

available directly to small non-profit organizations to undertake projects to control and eliminate 

acid mine drainage (AMD) in streams and rivers located in communities adversely impacted by 

past mining practices. The resulting partnerships also encourage long-term commitment to 

projects with local communities. 

Patrick East Reclamation Project (Iowa): This approximately 27-acre abandoned mine land site 

is located approximately 6 miles SE of Eddyville, IA and 2 miles SW of Kirkville, IA. The 

reclamation project will eliminate the coal mining features that present a danger to the health and 

safety of the public and resulting acid mine drainage. The site is 1.9 miles upstream of Des 

Moines River, which is used for recreation such as fishing and boating. The goal of the project 

is to reclaim the project area to alleviate AML priority features and establish a permanent seeding 

to stabilize the site. The site design re-establishes pre-mining drainage patterns and will use 

typical terrace and tile design method with detention basins. This is in an effort to slow offsite 
Environmental Restoration 

Office of Surface Mining Reclamation and Enforcement 40

water in the watershed before it will discharge into an unnamed tributary of the Des Moines 

River. According to the project design, construction will abate all the hazardous abandoned mine 

land features. The construction contract will clear, re-grade and re-vegetate approximately 27 

acres utilizing terrace and tile design. Funds will be used for earthmoving, water and soil 

neutralization, and seeding activities to eliminate the acid mine drainage originating from this 

site. The project is proposed to be funded with a requested $100,000 from OSMRE WCAP 

together with $766,463 in project partner funding. 

Patrick West Reclamation Project (Iowa): This approximately 21-acre abandoned mine land site 

is located approximately 6 miles SE of Eddyville, IA and 2 miles SW of Kirkville, IA. The 

reclamation project will eliminate the coal mining features that present a danger to the health and 

safety of the public and resulting acid mine drainage. The site is 1.9 miles upstream of Des 

Moines River, which is used for recreation such as fishing and boating. The goal of the project 

is to reclaim the project area to alleviate AML priority features and establish a permanent seeding 

to stabilize the site. The site design re-establishes pre-mining drainage patterns and will use 

typical terrace and tile design method with detention basins. This is in an effort to slow offsite 

water in the watershed before it will discharge into an unnamed tributary of the Des Moines 

River. According to the project design, construction will abate all the hazardous abandoned mine 

land features. The construction contract will clear, re-grade and re-vegetate approximately 21 

acres utilizing terrace and tile design. Funds will be used for earthmoving, water and soil 

neutralization, and seeding activities to eliminate the acid mine drainage originating from this 

site. The project is proposed to be funded with a requested $100,000 from OSMRE WCAP 

together with $617,463 in project partner funding. 

(2) Civil Penalty Projects 

SMCRA authorizes Federal civil penalties collected under Section 518 of the Act to be used for 

reclaiming lands mined and abandoned after passage of SMCRA on August 3, 1977. These funds 

are derived from monetary civil penalties assessed by OSMRE nationwide on active coal mining 

operations. The funds are also available for reclamation of bond forfeiture sites. These funds are 

divided among projects proposed by both State and Federal regulatory authorities and used for 

project costs only. 

In 2021, three projects funded in previous fiscal years were actively in the reclamation phase, with 

two supplementing forfeited bond funds to complete the effort. One of the projects is in Maryland 

and two are in Pennsylvania: 

Buffalo Coal Permit 422, Maryland: The project was awarded to Pine Mountain Coal Company 

to improve an active treatment system by removing accumulated sludge to eliminate two ponds 

and provide long-term and sustainable sludge handling and disposal using a drying bed and 

offsite disposal. The Maryland Bureau of Mines Supplemental Bond Fund supports operation of 

the facility by providing $12,000/year for chemicals and operation and maintenance costs. 

The project was completed including a final inspection on September 24, 2020. The project 

objective to remove and dispose the unspent lime sludge and precipitated metals from the settling 
Environmental Restoration 

Office of Surface Mining Reclamation and Enforcement 41

pond and two treatment ponds have been successfully satisfied and all contractual obligations 

have been fulfilled as required. The Final Programmatic Review Checklist for Reporting Period 

- June 1, 2018, through December 31, 2020, was completed on April 12, 2021. Civil penalty 

funds in the amount of $315,965 were allocated for this project, however, a remaining balance 

of $14,584.82 was de-obligated on July 7, 2021, as Amendment #2, which decreased the total 

grant amount to $301,380.18. 

Isabella Mine Complex, Pennsylvania (Grant #S18AC20020): OSMRE is continuing to provide 

considerable technical support to treat acid, metal-laden mine drainage, reclaim a mine coal 

refuse and partially dewater an existing impoundment for the Pennsylvania Department of 

Environmental Protection (PADEP). The project includes data collection and developing a large 

passive water treatment system for several mine discharges. The existing exposed, unreclaimed 

coal refuse piles and slurry impoundments totaling over 100 acres will be regraded to afford 

positive drainage as well as topsoiled and vegetated. The effort will improve an existing 

impoundment with a surface area of over 40 acres that presently has no engineered decant system. 

This has resulted in continued accumulation of water into the impoundment from precipitation 

events and flooding of a nearby township road. 

OSMRE activities conducted in FY 2021 included review and comment of the engineering design 

for the construction of a permanent outlet system to control the water level in the impoundment 

and reclamation of the coal refuse piles and slurry impoundment areas to prevent catastrophic 

failure of the impoundment embankment and promote drainage off of the refuse areas. Additional 

efforts included installation of flow monitoring equipment (flumes) and water sampling of the 

primary mine drainage sources, and technical review of the consultant’s hydrologic/hydraulic 

analysis of the impoundment drainage area and preliminary designs of the principal and 

emergency outlet/spillway. As part of the planned actions, it was determined that multiple 

utilities exist within the refuse areas including pressurized natural gas lines and a non-potable 

water line for nearby gas well pads, which had to be managed as part of the design efforts. 

Planned activities for FY 2022 include obtaining a contractor to lower the impoundment to 

prevent flooding of the township road and if funding allows to begin the reclamation of the coarse 

and fine coal refuse areas in conjunction with the installation of the principal and emergency 

outlet/spillway for the impoundment. OSMRE will also assist with the completion of the 

conceptual design for a complex passive treatment system for the multiple mine drainage sources, 

along with other continued support to PADEP for the remaining efforts. 

Flight 93 Iron Sludge Removal System, Pennsylvania (Grant #S18AC20000): OSMRE is 

continuing to provide technical support to the Pennsylvania Department of Environmental 

Protection (PADEP) regarding the Flight 93 Memorial Site metal-laden mine drainage treatment 

facility and the need for a permanent sludge management system at the site. The project includes 

installation of a new pipeline and borehole for the injection of the sludge generated from the mine 

water treatment system into the underground mine workings and locating additional boreholes 

on the site for future use. Additionally, sludge removal equipment including a manure pump, 

tractor for managing the manure pump, a booster pump, large storage building for housing all of 

the sludge equipment at the site and installing electricity to the building and ponds where sludge 

needs to be removed regularly. Due to the constant pumping and treatment of the underground 
Environmental Restoration 

Office of Surface Mining Reclamation and Enforcement 42

mine pool water on the surface at the Flight 93 site, the need for the sludge management system 

was imperative because of the large volumes of iron sludge generated each year within the system 

and it allows the sludge to be removed and disposed at a considerably reduced cost to PADEP. 

OSMRE activities conducted in FY 2021 included helping the PADEP with coordination and 

meeting with the National Park Service (NPS) personnel including a signed right-of-way 

agreement for installation of the electric lines and service panel at the storage building, installing 

the remaining piping and booster pump connections and any other equipment needed to complete 

the sludge management system at the Flight 93 mine water treatment site. Planned activities for 

FY 2022 include testing the operation and functionality of the newly constructed sludge 

management system and purchased equipment by removing iron sludge from one of the primary 

treatment ponds and injecting into the disposal borehole prior to closing out the project during 

the fiscal year.

(3) Federal Emergency Projects 

Federal Emergency Projects are conducted to immediately abate the abandoned mine hazards in 

States and on Indian lands without an approved AML Program. Emergencies in States covered by 

the Federal Reclamation Program usually involve subsidence, vertical mine shaft collapse or 

sudden exposure of mine openings. Emergency projects are those involving abandoned coal mine 

lands that present an immediate danger to the public health, safety, or general welfare. Typically, 

emergencies include landslides near homes and across roads, subsidence occurring under houses 

and public buildings, mine and coal waste fires, and open shafts discovered near populated areas.

The most common emergencies in the States covered by Federal Reclamation Programs are 

subsidence events caused by the caving in of old underground mines. Subsidence events can impact 

man-made structures on the surface and may be life threatening when they occur in populated areas. 

The second most common type of emergency event in these States is vertical mine shaft collapse. 

This may result in vertical holes that are hundreds of feet deep and are usually the result of shafts 

being improperly filled or an inadequate cap that was placed over the shaft at the time of 

abandonment. Often at the time of closure, the shafts were either filled with on-site material or 

wooden or concrete caps were placed over them to prevent entry. Over time, the fill material settles 

or the cap deteriorates to a point where it can no longer sustain the weight of the material placed 

over it. Other AML problems, including mine entries, hazardous/explosive gases, mine and refuse 

fires, dangerous high walls, landslides and mine pool blowouts, may also present life-threatening 

conditions. 

When notified of an emergency situation, OSMRE personnel will review available information and 

visit the site as necessary to perform a technical investigation, usually within 48 hours or less after 

notification. Should OSMRE determine an emergency exists, OSMRE conducts remedial action as 

quickly as possible to abate the emergency. This does not always fully reclaim the site but does 

address the immediate hazard. The remaining reclamation will be completed, as appropriate, after 

the emergency has been addressed. 
Environmental Restoration 

Office of Surface Mining Reclamation and Enforcement 43

During FY 2021, OSMRE expended $403,320 to address two AML emergencies in Washington 

State: 

Project WA-21-003, a subsidence feature on a landowner’s property in Enumclaw, WA where 

OSMRE expended $78,155 for Architecture and Engineering and construction services to 

remediate the feature. 

Project WA-20-007, a mine opening at the Newcastle Golf Club located in Newcastle, WA, in 

the road ditch that steeply dipped under the Golf Club’s main access road. OSMRE expended 

$324,165 for Architecture and Engineering and construction services to remediate the feature. 

Based on historic trends, OSMRE expects to expend financial resources on at least three additional 

emergency AML projects during FY 2022 using available carryover funding from prior year 

appropriations and expects that the remaining carryover will be fully expended in early FY 2023. 

b. Program Staff (Operations) 

Federal Reclamation Program Operations funding enables OSMRE staff to administer watershed 

cooperative agreements and address Federal emergencies, high priority projects, and civil penalty 

projects. For emergency projects, OSMRE begins the initial investigation making threshold 

determinations relating to each incident, including, whether the incident is: (1) suddenly occurring, (2) 

life threatening, and (3) related to a coal mine abandoned prior to August 3, 1977. With emergency 

projects, time is of the essence. In some instances, abatement activities begin within hours of OSMRE’s 

initial investigation. For Federal high priority projects, the process is similar, but begins with the 

determination of whether the condition is related to an abandoned coal mine, and if so, a determination 

of the priority for reclamation. 

Once the determination is made that the site is eligible for funding as an emergency or high priority 

project, the Federal Reclamation Program staff obtains approval for project funding and develops the 

abatement plan. This process includes seven elements: 

1. Compliance with the National Environmental Policy Act (NEPA), Endangered Species Act 

(ESA), and the National Historic Preservation Act (NHPA); 

Mine opening feature in the road ditch that

goes under the road

Installation of grout pillars to create a

bulkhead underground. 
Environmental Restoration 

Office of Surface Mining Reclamation and Enforcement 44

2. Obtaining the right of entry for access; 

3. Developing engineering plans and specifications needed for abatement; 

4. Preparing and mailing bid packages to potential construction contractors; 

5. Conducting pre-bid and pre-construction conferences; 

6. Awarding contracts; 

7. Coordinating, managing, and inspecting all aspects of the ongoing construction; and reviewing, 

approving, and paying invoices. 

OSMRE staff will address emergencies and high priority projects in non-program States and Tribes as 

described earlier, as well as provide technical assistance to States and Tribes with approved AML 

Programs. OSMRE will continue to provide specialized expertise on various AML problems, including 

subsidence, mine fires, mine gases, and landslides to States that request assistance. OSMRE staff will 

also administer projects funded by Federal civil penalties collected from operators and monitor 

watershed cooperative agreement projects under this activity. The total request for Federal Reclamation 

Program operations is $3,338,000 and 13 FTE. 

Program Development and Maintenance 

The Program Development and Maintenance activity is an integral part of the State and Tribal funding 

program. The FY 2023 budget proposes $4,303,000 in funding and provides for 15 FTE for reclamation 

program management and programmatic guidance to States and Tribes. OSMRE has an ongoing process of 

reviewing existing policies in the Environmental Restoration business line. Whenever necessary, policies 

are revised to meet the existing need of the programs and to keep abreast of changes to the law. OSMRE 

assists States and Tribes to build on their reclamation successes by providing ongoing technical assistance 

on reclamation practices and by continually enhancing the primacy grants process. 

An important part of OSMRE’s role in State and Tribal AML program operations is the review and approval 

of State/Tribal AML projects. All AML projects are considered “Major Federal Actions” under NEPA. 

Because of this, every project must be evaluated by OSMRE personnel under NEPA regulations prior to 

approval. While most States and Tribes conduct some or all of the consultations and document preparation 

prior to submission of projects for approval, OSMRE personnel must conduct required analyses of these 

documents, ensure that requirements are met, and approve either a categorical exclusion determination, a 

finding of no significant impacts, or an environmental impact statement – record of decision, for each 

project. These reviews require consultations under various other Federal laws including the National 

Historic Preservation Act, the Endangered Species Act, and the Clean Water Act. 

OSMRE emphasizes State, Tribal, and Federal partnerships in the AML program. OSMRE works directly 

with the States and Tribes, through State and Tribal associations and with other Federal agencies, to 

coordinate and enhance reclamation. Such relationships foster coordination essential to land reclamation. 

New policies and changes to existing policy are shared with States and Tribes for input prior to being 

finalized, enabling OSMRE to make programmatic decisions in a collaborative manner. Examples of 

activities include working with States and Tribes to develop improved strategic plan measurements for the 

AML program; holding meetings/workshops with the State/Tribal grantees to provide employee training 
Environmental Restoration

Office of Surface Mining Reclamation and Enforcement 45

and to keep them abreast of policies and procedures; and soliciting input from States/Tribes and interested 

parties on AML issues to make informed decisions.

This activity will also support the Interagency Working Group (IWG) on Coal and Power Plant 

Communities and Economic Revitalization to advance the Administration’s policy on economic 

revitalization of coal communities as set forth in Executive Order 14008, including but not limited to 

support for research and analysis to inform investments, interagency coordination, and stakeholder 

engagement activities. These activities are necessary for the IWG to pursue its short- and long-term goals 

associated with supporting energy communities in the transition to a clean energy economy.

a. AML Inventory

OSMRE manages a national enhanced Abandoned Mine Land Inventory System (e-AMLIS), which 

serves as a planning and evaluation tool for the States, Tribes, OSMRE, and the public. In accordance 

with the requirements of SMCRA, e-AMLIS contains data for known eligible Priority 1 and 2, preSMCRA coal reclamation problems. As required by SMCRA, OSMRE personnel review and approve 

or disapprove each new State/Tribe submitted coal-related problem area, or revision to an existing 

problem area, to maintain consistency and ensure compliance with Federal law and regulations. Each 

problem is classified as unfunded (i.e., remaining reclamation costs), funded (in progress) or completed 

(i.e., actual cost of reclaiming the AML feature after completion). The e-AMLIS also contains 

information regarding funded and completed Priority 3 coal and post-SMCRA coal problems, as well 

as information on completed non-coal problems. Coal projects selected for funding by States or Tribes 

are contained in e-AMLIS prior to funding, except for those emergency sites that may be entered after 

completion due to the immediate need for reclamation.

The States and Tribes use the inventory to assist in planning, to make funding decisions and to report 

program accomplishments. OSMRE uses e-AMLIS to record and report AML program activities, 

progress, and accomplishments for internal and external stakeholders and to fulfill reporting 

requirements under the Government Performance and Results Modernization Act of 2010. States, 

Tribes, and OSMRE have access to enter and modify information in e-AMLIS electronically.

E-AMLIS is web based, enabling the public to access this information readily via OSMRE’s website.

E-AMLIS users can search for information about individual Problem Areas or query the Inventory. The 

results of a query can be shown in preformatted reports, or on a map, and can be downloaded in various

formats.

The system provides information on the estimated, direct construction costs to reclaim AML features.

It does not include design, engineering, or administrative costs. e-AMLIS is not designed to serve as a 

project management tool.

b. Grants Management

OSMRE transitioned to the GrantSolutions financial assistance management software program with the 

rest of the Department in FY 2021, and continues to support and participate in Grants.gov, the 

government-wide electronic grants announcement and application system. OSMRE uses the DOI 
Environmental Restoration 

Office of Surface Mining Reclamation and Enforcement 46

Financial and Business Management System (FBMS) financial assistance module for internal 

processing of all grant and cooperative agreement obligations, deobligations and closeout transactions. 

FBMS is DOI/OSMRE’s system of record which contains comprehensive information on AML grant 

allocations and expenditures for the SMCRA Title IV AML Reclamation Program. 

OSMRE has a decentralized grants management organization, with a small policy staff at headquarters. 

Grant Managers in the regional and field offices perform day-to-day grant and program management 

activities. Accounting and reporting occur under the Financial Management business line activity. 

OSMRE and the State/Tribal grantees cooperate to maximize the use of available funding and operate 

an effective program. Grantees provide input by participating on joint teams and by reviewing and 

commenting on changes in the program. In addition, OSMRE periodically holds meetings/workshops 

with the State/Tribal grantees to provide training for grantees and to keep them abreast of policies and 

procedures. This cooperative working relationship contributes to streamlined application and awards 

processes, faster obligation of Federal funds, program monitoring, and reporting and closeout of grants. 

c. State Program Amendments 

OSMRE assists States and Tribes with development, administration, implementation, and maintenance 

of their approved AML programs. Changes to State programs must be reflected in plan amendments 

submitted to OSMRE for approval. OSMRE evaluates State-initiated program changes (statutory, 

regulatory, or changes in the program’s provisions, scope, or objectives), as well as OSMRE required 

modifications that are a result of legal interpretations or changes to SMCRA and Federal regulations. 

In its evaluation, OSMRE solicits public comments on State plan amendments through proposed rules 

published in the Federal Register, holds public meetings, maintains the administrative record, approves 

or does not approve proposed State plan amendments, and publishes the decisions as final rules in the 

Federal Register. 

AML Economic Revitalization (AMLER) Program 

OSMRE continues to manage and monitor progress of grants issued under the AMLER Program that 

was authorized and funded in prior-year Appropriations Acts. This program administers grants to six 

States and three Tribal nations to accelerate the remediation of AML sites with economic and 

community development end uses. Since FY 2016 to FY 2021, the program has provided $655 million 

to rural America for the dual purpose of providing economic and community development while 

achieving reclamation of historic abandoned mine sites. The FY 2023 budget proposes $115,000,000 

in funding for AMLER grants. AMLER projects that are underway in FY 2022 include: 

Kentucky – Prestonsburg to David Rails to Trails AMLER Project – Prestonsburg to David Rails 

to Trails, commonly known as the Prestonsburg Passage was awarded $1.95 million to construct 

an eight-mile asphalt walk/bike path in 2016. 
Environmental Restoration 

Office of Surface Mining Reclamation and Enforcement 47

The recently completed passage has visitors nationwide enjoying the paved path, landscape, 

picnic amenities, bike repair stations and restored school bus covered bridge. The success of the 

trail has inspired a third-party investor to construct a campground adjacent to the path where an 

access easement can be established. The community has already generated tourism-related 

income into county with their innovative 

efforts.

Pennsylvania – Tresckow South AML 

Project – The Village of Tresckow in Banks 

Township, Carbon County is surrounded 

by abandoned and active coal mine areas. 

Some of the nearly 400 households lie close 

to massive, abandoned mine pits which are 

easily accessible. The reclamation of the 

178-acre area south of this Village has greatly 

improved the quality of life and has made the 

community safer. The Tresckow South project 

consisted of the reclamation of 178-acres immediately 

south of the Village of Tresckow. Reclamation 

consisted mainly of backfilling the dangerous 

highwalls and stripping pits using onsite material in 

the form of mine spoil and refuse piles. The project 

eliminated 6,900 linear feet of priority one dangerous 

highwalls within 500 feet of 11 homes, 7,100 linear 

feet 

of priority two dangerous highwalls within 

1,000 feet of dozens of homes, 11-acres of 

dangerous piles & embankments, 4-acres of 

strip pits and 6-acres of mine spoil piles. The 

affected area is situated along the entire 

southern section of residential houses in 

Tresckow and has much evidence of hiking, 

ATV use, hunting activity, and intense 

visitation. These dangerous abandoned mine 

features are located within Problem Area 3206 

(PA 3206) and are within the Hazleton 7.5 

Minute USGS Quadrangle Map. The dangerous 

features were a result of Eastern Middle Field 

Anthracite mining done by the Honeybrook and 

Springbrook Mining Companies which ceased 

mining on this site around 1959. Local residents 

are very appreciative of the reclamation that has 

positively changed the atmosphere of their 

View of the Strip Mine Pit and southern 

highwall, with onlookers during a site tour, 

Banks Township, Carbon County, Pennsylvania

View of Canada geese utilizing completed pond "A" 

constructed in the northeast portion of the reclaimed 

project site

The unclaimed Strip Mine Pit with dangerous highwalls 

looking east from the western end of the project site

Aerial view of paved Prestonsburg Passage trail
Environmental Restoration 

Office of Surface Mining Reclamation and Enforcement 48

community. Gone are the dangerous highwalls, embankments and pits that were located south of 

the Village. Now a 1.25 mile stretch of open, moderately sloped grasslands, mixed with areas 

seeded with trees remain. A series of ponding areas and wetlands lie in this expanse. Wildlife of 

all types are frequently seen throughout the reclaimed site. Morgan’s Excavating, LLC began the 

178-acre reclamation contract on February 9, 2018. The project was completed on January 14, 

2021. The total cost of the project was around $5.3 million. The project was funded utilizing the 

2016 AMLER Program Grant and the AML Program Grant. The primary property owner of the 

project area has been contemplating possibilities for commerical development. Part of the 

development under consideration is a community solar farm which could provide additional 

electricity for the expanding adjacent McAdoo Industrial Park. 

Virginia – Pocahontas Exhibition Mine and 

Museum Phase I AMLER Project – The 

Pocahontas Exhibition Mine & Museum Project 

was a 2017 AMLER project. The Pocahontas 

Exhibition Mine & Museum, a National Historic 

Landmark and the first exhibition mine of its kind 

in the United States, lies in a unique and 

opportunistic location in relation to the area’s 

nearby Spearhead and Hatfield-McCoy off-road 

trail systems. This project called for the 

refurbishment of the Pocahontas Exhibition Mine and Museum. Restoration inside the exhibition 

mine involved structural improvements, which included roof 

supports and stabilization as well as electrical upgrades 

which included new Audio/Visual stations throughout the 

mine. Refurbishments for the Museum included new interior 

lighting and paint to the interior walls. Creation of a new 

restaurant venue with a commercial kitchen and new public 

restroom facilities were also part of the museum’s 

refurbishment, this included all related structural, 

mechanical, plumbing and electrical upgrades to the new 

restaurant establishment and restroom facilities. Additionally, during an inspection of the project, 

it was noted that a sidewalk needed to be constructed 

between the mine and the museum; therefore, DMME 

awarded and OSM approved additional funds for the 

construction of the sidewalk. The Pocahontas Exhibition 

Mine and Museum reopened on July 11, 2020, after being 

closed for renovations during the 2018 and 2019 seasons. 

Ticket sales prior to the closure and renovation totaled 1,771 

for just one year (2017). Since renovation, ticket sales 

through August 15, 2021, have totaled 2,180. The total 

project cost was $1,500,000. 

Pocahontas Exhibition Mine and Museum AMLER 

project photo showing exhibition mine upgrades

Pocahontas Exhibition Mine and Museum 

exterior building upgrades

Pocahontas Exhibition Mine and 

Museum upgraded commercial kitchen
Environmental Restoration 

Office of Surface Mining Reclamation and Enforcement 49

ENVIRONMENTAL RESTORATION 

2022 Planned Program Performance 

In FY 2022, the planned activities in the Environmental Restoration program activity include: 

• Continue partnerships with not-for-profit watershed and related reclamation groups by monitoring 

WCAP projects funded before or during FY 2021 and awarding additional agreements to interested 

groups as funds are available. 

• Respond to Federal AML emergencies in non-program States and Tribes within 48 hours of 

receiving a report, and issue findings within 10 business days. 

• Provide AML grants to States and Tribes and continue to use reclamation grants to eliminate 

hazards resulting from past mining activities. 

• Support the Underground Mine Map Initiative, a component of the National Mine Map Repository, 

to minimize future subsidence risk by making information available on the location of mined out 

areas using maps and surface overlays that can provide this critical information to local 

governments to account for risks. 

• Provide guidance and assistance in establishing benchmark standards in mine map preservation, 

including digital imaging and rectification, and creating and serving mine maps for safety, State 

and Tribal AML, local government, and public viewing and use. 

• Continue to administer funds through the AMLER Program, monitor projects funded in prior-year 

appropriations, and complete an updated report on project implementation. 

• Conduct consultations and assume responsibility for the reclamation of abandoned mine sites on 

Muskogee (Creek) Tribal lands in Oklahoma. 

• Continue work to implement Office of the Inspector General recommendations to improve the 

oversight and other aspects of the AML Program. 
Environmental Restoration 

Office of Surface Mining Reclamation and Enforcement 50

2021 Program Accomplishments 

In FY 2021, the major accomplishments in the Environmental Restoration program activity included: 

• Managed the $152 million in mandatory AML grants provided to the 25 coal-producing States 

and three Tribes with an approved AML program. 

• Provided $115 million in AMLER Program sponsored grants to six States and three Tribes. 

• Improved land and water health by reclaiming, or mitigating, the equivalent of 11,738 acres of 

land from the effects of natural resource degradation from past mining. 

• Improved underground discharges of mine water, eliminating uncontrolled discharges, by 

employing horizontal boring techniques. 

• Used combinations of civil penalty funds and forfeited bond to continue work on two projects in 

Pennsylvania and one in Maryland. 

• The Federal Reclamation Program expended $403,320 to address two AML emergencies in 

Washington State. 
TAB

Environmental Protection 
Page Intentionally Left Blank
Environmental Protection 

Office of Surface Mining Reclamation and Enforcement 51

ENVIRONMENTAL PROTECTION 

Environmental Protection Budget Request

(Dollars in Thousands)

2021 

Actual

2022 CR Fixed 

Costs 

(+/-) 

Internal 

Transfers 

(+/-) 

Program 

Changes 

(+/-) 

2023

Request 

Change 

From 

2022 

(+/-) 

Regulation and 

Technology 88,598 88,562 +976 - +16 89,554 +992 

State and Tribal Funding 68,590 68,590 - -3,590 65,000 -3,590 

FTE - - - 

State Program Evaluation 8,080 8,080 +461 +729 9,270 +1,190 

FTE 69 81 - 81 - 

Federal Program 4,289 4,264 +177 +280 4,721 +457 

Offsetting Collections [-3] [-28] [-28] 

FTE 22 31 - 31 - 

Federal Lands 1,436 1,436 +57 +91 1,584 +148 

FTE 7 10 - 10 - 

Indian Lands Program 1,799 1,788 +81 +1,622 3,491 +1,703

Offsetting Collections [-1] [-12] 

 

 [-12] 

FTE 13 15 +8 23 +8

Program Development and 

Maintenance 4,404 4,404 +200 +884 5,488 +1,084 

FTE 15 35 +1 36 +1

Total, Environmental 

Protection 88,598 88,562 +976 - +16 89,554 +992 

Total FTE 126 172 - - +9 181 +9

Note: FY 2021 Actuals include $36,107 in additional appropriated funds for permitting activities and 

$3,893 of actual collections for permitting activity. 
Environmental Protection 

Office of Surface Mining Reclamation and Enforcement 52

Summary of 2023 Program Changes for Environmental Protection

Request Component ($000) FTE 

Reduce Regulatory Grant Funding -3,590 - 

Establish Indian Lands Program in Oklahoma +1,450 +8

Replace Hydrocarbon-powered Vehicles with ZEVs +654 - 

Enhanced Records Management +500 - 

Justice40 Initiative +225 +1

2022 Baseline Capacity +777 - 

TOTAL Program Changes +16 +9 

Under the Environmental Protection program, OSMRE works with coal-producing States to ensure the 

environment is protected during active surface mining operations. In FY 2022, OSMRE expects that at least 

91 percent of active coal mining sites will be free of off-site impacts, and 46 percent of past mining sites 

will be reclaimed to post-mining beneficial use. On Indian Lands, OSMRE is the regulatory authority and 

has the responsibility to protect Tribal resources. OSMRE works with the Tribes to ensure the protection 

of their resources while implementing SMCRA. OSMRE funds Tribal programs as they pursue SMCRA 

primacy. 

Justification of 2023 Program Changes 

The 2023 budget request for Environmental Protection is $89,554,000 and 181 FTE, a program change of 

+$16,000 and +9 FTE from the 2022 CR level. 

Reduce Regulatory Grant Funding (-$3,590,000): The Federal Government provides funding to States 

and Tribes to regulate the coal industry. This request supports $65,000,000 in funding for this activity. 

Stable regulatory programs promote competition, allow for responsible development, and protect the safety 

and welfare of citizens and the environment. OSMRE’s statutory role is to promote and assist its partner 

States in establishing a stable regulatory environment for coal mining. The proposed level of regulatory 

grant funding provides for the efficient and effective operations of primacy programs at a level consistent 

with the anticipated obligations of State and Tribal regulatory programs to account for the Nation’s demand 

for coal mine permitting and production. This program change was included in the 2022 President’s Budget 

request. 

Establish Indian Lands Program in Oklahoma (+$1,450,000/+8 FTE): The decision of the U.S. 

Supreme Court in McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), recognized the existence of the historic 

Muscogee (Creek) Nation Reservation in Oklahoma. Based on the Court’s decision, land within the exterior 

boundaries of the Muscogee (Creek) Nation is “Indian lands”, as defined by the Surface Mining Control 

and Reclamation Act of 1977 (SMCRA). SMCRA designates OSMRE as the sole regulatory authority over 

surface coal mining and reclamation operations on Indian lands. In 2021, the Oklahoma Court of Criminal 

Appeals ruled the Cherokee and Choctaw Nation Reservations in Oklahoma were likewise never 

disestablished. The request will cover the staffing and operational requirements for implementing an Indian 

Lands regulatory program in Oklahoma. This program change was included in the 2022 President’s Budget 

request. 
Environmental Protection 

Office of Surface Mining Reclamation and Enforcement 53

Zero Emission Vehicle Fleet Conversions (+$654,000) – The 2023 budget includes funding to accelerate 

the conversion of OSMRE’s fleet to zero emission vehicles (ZEVs) and provide charging stations and 

hydrogen fueling stations to support those vehicles and future ZEVs. This conversion will immediately 

reduce the Interior’s contributions to greenhouse gas emissions and dependence upon hydrocarbons. The 

investment in infrastructure will support these new vehicles and ensure charging infrastructure is available 

for subsequent ZEVs. This project is being coordinated across Interior and with other agencies to maximize 

utility of charging and hydrogen fueling stations in areas where multiple agencies operate. The funding 

also supports a small planning and coordination function to effectively deploy the fleet and charging 

infrastructure. 

Enhanced Records Management (+$500,000): The 2023 budget includes funding for a contracted effort 

to get OSMRE’s SMCRA Title V legacy paper and electronic records, and supporting information digitized, 

subject matter referenced, and filed in an accessible, user-friendly format. This effort supports record 

management compliance requirements, improved Freedom of Information Act response, and increased 

employee efficiency and effectiveness. 

Justice40 Initiative (+$225,000/+1 FTE): The Justice40 Initiative requires agencies to ensure that at least 

40 percent of the benefits from certain investments flow to disadvantaged communities. As part of this 

effort, agencies must quantify the benefits of Justice40 covered programs, demonstrate how these programs 

distribute benefits, and develop a methodology of how to calculate and report on methodologies for 

maximizing the benefits to those communities in the future. To address this requirement, the 2023 budget 

includes funding for one full-time FTE Justice40 coordinator position. 

Baseline Capacity (+$777,000): The 2023 budget includes important investments in programs needed to 

help strengthen America and increase competitiveness as the world continues to change. These investments 

include funding needed to maintain a strong, talented workforce and the must pay requirements needed to 

continue to fulfill the OSMRE mission. The budget includes $777,000 in this activity, which reflects the 

incremental amount needed to cover the fixed costs associated with mission operations in FY 2022. This 

request in combination with the FY 2023 fixed costs amounts will allow the program to meet must pay 

requirements without impacting program activities. 
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Office of Surface Mining Reclamation and Enforcement 54

OVERVIEW 

The Environmental Protection business line provides resources to administer regulatory programs for 24 

primacy States, as well as for the Federal and Indian Lands Programs which include two States and four 

Tribes where OSMRE is the regulatory authority. These programs protect the public and the environment 

from the adverse effects of current mining and support reclamation of land at the conclusion of mining. At 

the end of FY 2021, the permitted area of coal mining operations encompassed 3.4 million acres nationwide. 

During active mining, the potential risks of safety and environmental hazards exist both within and outside 

the permitted site. Effective implementation and enforcement of SMCRA minimizes those risks. 

OSMRE administers a Federal and an Indian Lands Program in the States of Washington and Tennessee 

and on Tribal lands of the Navajo Nation, the Hopi Tribe, the Ute Mountain Ute Tribe, and the Crow Tribe. 

Operational Processes (Program 

Activities): The program activities within 

this business line ensure the environment is 

protected during surface coal mining 

operations and that coal operators 

adequately reclaim disturbed land after 

mining is completed. 

This business line also provides for 

OSMRE’s costs to ensure that State 

programs meet Federal regulatory 

requirements. The State and Tribal Funding 

activity includes grants to States and Tribes 

to regulate coal operations on lands within 

their borders. 

This activity includes grants to Tribes to develop regulatory programs and to assist OSMRE in the 

regulation of surface coal mining and reclamation operations on Indian lands. Additionally, for primacy 

States with Federal lands within their borders, cooperative agreements formalize States’ eligibility to 

receive additional grant funding to cover their full costs to regulate coal operations on those Federal lands 

within their borders. 

The State Program Evaluation program activity funds OSMRE’s evaluation and oversight of State 

programs. The Federal and Indian Lands Programs activity funds OSMRE regulatory activities to ensure 

SMCRA compliance in States without their own regulatory program and on Tribal lands. The Federal Lands 

program activity funds OSMRE’s responsibilities and activities in preparing Mining Plan Decision 

Documents for leased Federal coal, as well as any other activities on Federal lands not covered by the 

primacy States with cooperative agreements. 

OSMRE’s Environmental Protection mission supports responsible coal extraction and furthers the goal of 

protection of public health, safety, and general welfare from the adverse effects of current surface coal 

ENVIRONMENTAL PROTECTION 

ENCOMPASSES: 

State and Tribal Funding 

• State Grants 

• Tribal Regulatory Development Grants 

State Program Evaluation 

Federal and Indian Lands Programs 

Federal Lands 

Program Development and Maintenance 
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Office of Surface Mining Reclamation and Enforcement 55

mining and reclamation operations since the enactment of SMCRA in 1977. The following measures are 

used by OSMRE as indicators of annual performance. 

Percent of coal mining sites free of off-site impacts: Impacts are effects from surface coal mining activities 

such as blasting or water runoff that affect people, land, water, or structures outside the permitted area of 

mining operations and are in violation of the existing regulations. The severity of the impacts is rated as 

minor, moderate, or major. Due to the nature of mining, it is inevitable that some impacts will occur. 

OSMRE works in cooperation with State regulatory agencies to minimize or prevent offsite impacts, when 

feasible. 

Acres released from Phase I and II bond release: OSMRE tracks the number of acres of land that has been 

approved to complete a phase of reclamation every year by active coal mine operators. The operator must 

file an application for each release phase. This is documented and measured through a series of bond 

releases. Bonds are required to assure that funds are available for reclamation in case the operator fails to 

reclaim the mined land. 

Acres released from Phase III bond release: This performance measure shows the number of acres that have 

been reclaimed and approved for final release meeting the performance standards for current mining 

operations. 

Percent of mined acreage reclaimed: This performance measure is represented as a ratio of the cumulative 

number of acres released from Phase III bond release relative to the cumulative number of mined acres 

under permit since SMCRA legislation was enacted. 

Actions Required to Achieve Annual Goals: OSMRE works with stakeholders to address concerns related 

to impacts from surface coal mining operations, acid mine drainage, other water pollution, and slurry and 

other impoundments. OSMRE also continues to evaluate its rules, encourage reforestation, ensure mines 

are properly bonded, and ensure that contemporaneous reclamation is occurring. In addition, OSMRE 

continues to practice cooperative conservation by working in partnership with States and Tribes to carry 

out the mission of the SMCRA. 

Resources, Skills, and Technology Capacity: Program analysts, reclamation specialists, grant specialists, 

and various support personnel implement the State regulatory programs and conduct program evaluations. 

OSMRE and the primacy States maintain a diverse and multidisciplinary cadre of personnel skilled in 

scientific and engineering areas to review mine permits, determine whether performance bond coverage 

and amounts are sufficient to ensure reclamation, conduct mine site inspections, and implement 

enforcement actions when necessary. Computer systems personnel help maintain various data systems, such 

as the national Inspection and Enforcement Tracking System that contains data from OSMRE’s oversight 

and regulatory program inspections. 

For FY 2023, the President’s budget requests $65.0 million to fund up to 50 percent of the costs for 24 

primacy State regulatory programs, and up to 100 percent of the costs of regulating mining on Federal lands 

within their borders for 14 of the primacy States through cooperative agreements. This amount will also 

provide 100 percent of the regulatory program development costs for three Tribes. 
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Office of Surface Mining Reclamation and Enforcement 56

The FY 2023 budget request includes $9.3 million to improve implementation of existing laws and to 

support States and Tribes. The request also includes $8.2 million to fund Federal regulatory programs in 

non-primacy States, including Tennessee and Washington, and on Indian Lands. Also included in the FY 

2023 budget request is $1.6 million for OSMRE to carry out mine plan reviews for Federal lands, and $5.5

million for program development and maintenance to continue to streamline mine plan decision processes,

ensure that regulatory standards adequately reflect changes in technologies and program needs, and support 

the Justice40 initiative. Appropriations language is requested to supplement this appropriation with 

$40,000, which will be offset with collections for new permit application fees in the Federal and Indian 

Lands Programs.

The following section details, by program activity, the funding and FTE resources required to meet the 

annual performance goals. It also includes examples of cooperative work between OSMRE, States, and 

Tribes to regulate coal-mining activities.
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Office of Surface Mining Reclamation and Enforcement 57

2023 PROGRAM PERFORMANCE 

State and Tribal Funding 

The $65,000,000 requested for FY 2023 for State and Tribal funding recognizes the need to support the 

State regulatory programs and Tribal programs pursuing primacy. This request fully funds the projected 

2023 activity requirements, based on historical annual spending. OSMRE will also continue to support State 

regulatory grant requests by re-distributing the available deobligated prior year funds, as needed, for this 

activity. This activity supports responsible coal extraction using technology to minimize the impact of coal 

mining operations on people, structures, and the environment. 

a. State Grants 

The principal means of providing environmental protection within the framework of SMCRA is 

through "primacy" States that receive Federal grant funding. Currently, 24 States have achieved 

primacy and serve as regulatory authorities in the implementation of SMCRA. Primacy States have the 

most direct and critical responsibilities for conducting regulatory operations to minimize the impact of 

coal extraction operations on people and the environment. These States have the capabilities and 

knowledge to regulate the lands within their borders. Providing up to a 50 percent match of State 

funding in Federal grants to primacy States encourages States to take this responsibility, while ensuring 

that regulations are consistent across the Nation. 

Cooperative agreements between OSMRE and primacy States with Federal lands allow those States to 

receive grant funding to cover their costs to review permit applications, issue permits, and conduct the 

required inspections of regulated activities on Federal lands within the State. The additional grant 

funding provides for uniform enforcement of State program requirements at all facilities within the 

State and reduces both direct Federal program costs and Federal staff requirements. SMCRA, section 

705(c), sets the amount that a State may receive through a cooperative agreement at an amount 

approximately equal to the amount the Federal Government would have expended to do the same work. 

The regulations further require that no grant exceed the actual costs to the State for this activity. 

Currently, 14 States have entered into cooperative agreements with OSMRE to regulate surface coal 

mining and reclamation operations on Federal lands within the State: Alabama, Colorado, Illinois, 

Indiana, Kentucky, Montana, New Mexico, North Dakota, Ohio, Oklahoma, Utah, Virginia, West 

Virginia, and Wyoming. 

Activities that State regulatory authorities conduct with Federal grant and matching State funding 

include: permit review and issuance, including the use of the Applicant Violator System (AVS) to 

ensure that permits will not be issued to operators with outstanding violations; inspection and 

enforcement; designation of lands unsuitable for mining, and; ensuring timely reclamation after mining. 

In addition, individual States may conduct special activities to address specific needs. These activities 

may include upgrading permitting programs, modernizing systems to improve review of pending 

permits, and drafting regulations that respond to changes in Federal rules. 

State regulatory authorities inspect all active and inactive sites, facilities, and areas that support coal 

mining and reclamation within their State for compliance with all program requirements. Federal 
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Office of Surface Mining Reclamation and Enforcement 58

regulations require all active inspectable units under the permanent program to have four complete and 

eight partial inspections per year. Four complete inspections are required annually for all inactive units. 

Inspections conducted by primacy States in any given year depend, in part, on the number of active and 

inactive permits in each State. The primacy States conducted 59,314 inspections in FY 2021 (see Table 

2). 

b. Tribal Regulatory Development and Regulatory Program Grants 

As allowed by the Energy Policy Act of 1992 and Section 710(i) of SMCRA, OSMRE provides grants 

to the Crow and Hopi Tribes and the Navajo Nation to assist them in developing regulations and 

programs for regulating surface coal mining and reclamation operations on Indian lands. The grant 

amounts are based on each Tribe’s anticipated workload to develop a Tribal program (including Tribal 

laws, regulations, and policies), to assist OSMRE with surface coal mine inspections and enforcement 

(including permitting activities, mine plan review and bond release), and to sponsor employment 

training and education concerning mining and mineral resources. These grants fund 100 percent of the 

Tribal primacy development activities. 

The SMCRA amendments of 2006 provide for Indian Tribes to apply for, and obtain approval of, a 

Tribal program regulating in whole, or in part, surface coal mining and reclamation operations on 

reservation land under the jurisdiction of the Indian Tribe. The legislation also provides for 100 percent 

funding of the costs of developing, administering, and enforcing an approved Tribal program. 

Discussions on the submission of applications for Tribal primacy began in 2007. Informal review of 

the Navajo Nation’s Tribal primacy application is substantially complete, although it is unknown when 

the Navajo Nation will submit a formal application for Tribal primacy. Two previous attempts to gain 

approval by the Navajo Nation’s Tribal Council have failed to get the required two-thirds vote. The 

Crow Tribe and the Hopi Tribe continue to pursue Tribal primacy, including the development of a 

statute and regulations, but at this time an anticipated date for submission of a formal application for 

Tribal primacy by those two Tribes has not been determined. 

State Program Evaluation 

State Program Evaluation activities serve two purposes: to determine whether States are effectively 

implementing their approved regulatory programs, and to provide documentation to the public of the work 

that OSMRE and the States are doing. The $9,270,000 requested for FY 2023 will fund 81 FTE to carry 

out these activities. 

a. Oversight Policy and Procedures 

OSMRE assumes an oversight role following approval of a State or Tribal SMCRA regulatory program. 

That role includes both programmatic evaluations and inspections of individual mine sites to determine 

whether States with primacy are properly administering, implementing, maintaining, and enforcing 

their regulatory programs. Detailed guidance is provided and available on OSMRE’s website. 
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Office of Surface Mining Reclamation and Enforcement 59

As part of the process, a Performance Agreement is developed for each State annually. OSMRE solicits 

input from all its stakeholders, which include the public, State agencies, Federal agencies, other 

stakeholders, and the coal industry, for relevant issues to review in each State. The Performance 

Agreement is a comprehensive plan that outlines the responsibilities and activities of both the State and 

OSMRE. It provides details about specific program evaluation goals for each State and the plans to 

achieve those goals, the types and number of inspections OSMRE plans to provide, technical or 

programmatic assistance that OSMRE may render to the State, and methods to resolve any identified 

problems, both new problems and any issues remaining from previous years. 

b. Oversight Inspections 

SMCRA requires OSMRE, as delegated by the Secretary of the Interior, to conduct mine inspections 

to evaluate the implementation of State programs. Inspections are conducted on a range of sites - from 

those actively producing coal to forfeited bond sites awaiting reclamation. Most OSMRE oversight 

inspections focus on areas in which there is a high level of activity or public concern or where systemic 

problems have been previously observed. In States with greater than one thousand inspectable units, 

OSMRE conducts inspections of a random sample of those units to provide an objective evaluation of 

the effectiveness of the State program in ensuring compliance with program requirements. The vast 

majority of oversight inspections are joint inspections, in which the State or Tribal inspector 

accompanies the OSMRE inspector. However, OSMRE’s Directive REG-8 (located on OSMRE’s 

website at https://www.osmre.gov/sites/default/files/pdfs/directive997.pdf provides that, at a 

minimum, OSMRE will conduct complete oversight inspections on 33 percent of the inspectable units 

selected for oversight inspections in each State or on Tribal lands, and that independent oversight 

inspections are permitted when OSMRE determines that such inspections are necessary and 

appropriate. 

In FY 2021, OSMRE conducted 941 oversight inspections in primacy States (see Table 2). OSMRE 

intends to perform oversight inspections in FY 2022 and FY 2023 to assure the integrity of the 

regulatory program, to capture additional data, and to identify more conclusive findings and trends. The 

actual number may change depending on the program areas, the presence or absence of problems, input 

from the public, and the terms of the performance agreements in each State. Other external factors, such 

as the ongoing COVID-19 pandemic related constraints, could impact the number of inspections. 
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Office of Surface Mining Reclamation and Enforcement 60

Table 2 – Inspections Conducted in Primacy States in FY 2021 

State

Partial

State 

Inspections 

Complete 

State 

Inspections 

Total 

State 

Inspections 

OSMRE 

Oversight 

Inspections

Alabama 14 1,619 1,633 0 

Alaska 57 29 86 5 

Arkansas 0 60 60 2 

Colorado 172 108 280 15

Illinois 708 315 1,023 12

Indiana 572 322 894 8 

Iowa 0 0 0 0 

Kansas 48 24 72 2 

Kentucky 10,877 5,708 16,585 271

Louisiana 12 9 21 6 

Maryland 372 396 768 15

Mississippi 24 12 36 3 

Missouri 38 22 60 2 

Montana 110 71 181 14

New Mexico 26 24 50 2 

North Dakota 403 96 499 6 

Ohio 972 592 1,564 36

Oklahoma 231 211 442 15

Pennsylvania 5,885 3,992 9,877 286

Texas 264 132 396 9 

Utah 152 96 248 8 

Virginia 1,885 1,329 3,214 86

West Virginia 13,585 7,445 21,030 124

Wyoming 184 111 295 14

Total 36,591 22,723 59,314 941

Footnote: OSMRE inspections in primacy States include oversight inspections of all types, oversight document 

reviews, assistance inspections, citizen complaint site visits, and Federal action inspections, as needed. State 

data is for the time period of July 1, 2020, through June 30, 2021.

c. Identifying and Correcting Violations of SMCRA 

In primacy States, SMCRA requires that the OSMRE inspector provide the regulatory authority (RA) 

the opportunity to correct any violations observed during an oversight inspection or alleged by a citizen. 

On most oversight inspections, OSMRE will not issue a Ten-Day Notice (TDN) when it finds that the 

RA's inspector has already taken appropriate action, before the inspection is physically and 

administratively complete, concerning a violation or possible violation observed during the course of a 

joint OSMRE-RA oversight inspection. OSMRE will issue a TDN to the RA whenever the authorized 
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Office of Surface Mining Reclamation and Enforcement 61

representative has a reason to believe, based upon information readily available to him or her, that a 

violation of the Act, the Federal regulations, the approved regulatory program, or a permit condition 

(hereinafter violation) exists. This requirement applies to all requests for Federal inspections that 

OSMRE receives from citizens under 30 CFR 842.12, provided such requests give the authorized 

representative a reason to believe, based upon readily available information, that a violation exists. The 

State regulatory authority then has 10 days to take enforcement action, initiate another appropriate 

action to correct the violation or demonstrate good cause for not taking such action. If OSMRE 

determines that the State response is not appropriate, an OSMRE inspector will conduct a Federal 

inspection of the site and take any necessary enforcement action. This procedure does not apply to 

situations in which there is an imminent danger to public health or safety, or if the observed or alleged 

violation is causing or can reasonably be expected to cause significant, imminent environmental harm. 

In those cases, the OSMRE inspector must issue a cessation order if the violation is observed on an 

inspection or conduct a Federal inspection if a citizen complainant alleges that an imminent harm 

violation exists. 

During Evaluation Year 2021, OSMRE observed 698 violations during oversight inspections. Of these, 

222 were appropriately deferred to States for action either during the joint inspection process or as the 

final resolution of a TDN. OSMRE also received 10 citizen complaints which were transmitted to the 

regulatory authority through the TDN process. 

OSMRE will continue to work with the States to resolve any outstanding TDN issues. OSMRE has 

procedures in place to monitor corrective actions when issues are identified as a result of OSMRE 

oversight activities. 

OSMRE also has an obligation under Section 521 of SMCRA to take steps to ensure that all types of 

violations, including violations of performance standards or permit conditions and violations of 

permitting requirements, are corrected if the State does not take action to do so. Should a State or Tribal 

program not show timely adequate improvements, OSMRE has other tools under the Code of Federal 

Regulations (CFR), 30 CFR Parts 732 (requiring program amendments) and 733 (compelling program 

change or substituting a Federal program), to ensure enforcement or a program change. 

In addition to the corrective actions processes described above, OSMRE’s AVS Office promotes the 

use of alternative enforcement to compel compliance with SMCRA. As part of this effort, the AVS 

Office provides training and investigative services. The AVS office also identifies sites with 

outstanding violations so that regulatory authorities can consider pursuing alternative enforcement 

when primary enforcement is not enough. These activities will continue throughout FY 2022 and FY 

2023. 

Federal and Indian Lands Programs 

The FY 2023 request provides the resources required to conduct statutory activities in the Federal Program 

($4,721,000 and 31 FTE) and Indian Lands Program ($3,491,000 and 23 FTE). The request also includes 

an additional $40,000 for permitting activities that will be offset with collections for new permit application 

fees in the Federal and Indian Lands Programs. 
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Office of Surface Mining Reclamation and Enforcement 62

a. States 

OSMRE regulates coal mining in States without approved regulatory programs, ensuring responsible 

coal extraction using up-to-date science and technology. 

The permit review process in federally administered programs consists of review of the permit 

application package for administrative completeness and technical adequacy, preparation of findings 

and supporting documentation, and conducting an environmental analysis. The extent of Federal 

resources expended and the timeframes for review vary depending on the complexity of a permit 

application, the size of the mine, and the response times of applicants submitting additional information 

required to process the permit application. 

At the end of FY 2021, the Federal program in Tennessee had 94 permits for coal mining operations, 

of which 49 permits were listed on the inspectable units list (IUL) in active status. There were two 

permitted mine sites for the State of Washington at the end of FY 2021, neither of which is currently 

mining coal. Permitting actions in Federal Programs are shown in Table 3. 

The following information highlights key characteristics of the two States whose regulatory activities 

are currently administered under the Federal Programs activity: 

Tennessee: At the end of FY 2021, there were 91 Permanent Program permits and three Initial 

Program permits for a total of 94 permits on the Tennessee IUL. Of these 91 Permanent Program 

permits, 47 are listed as active. The IUL also includes a total of 19 Inactive permits and 25 

abandoned permits listed under the Permanent Program. These Permanent Program permits consist 

of surface mines, underground mines, coal tipples, preparation plants, haul roads, and other 

ancillary facilities. The Initial Program permits consist of two active, no inactive, and one 

abandoned permit. The IUL Site Status indicates there are no active producing sites, 26 Active NonProducing sites, 11 Mining Complete sites, 10 sites in Temporary Cessation, 12 sites in Phase I 

Bond Release status, 9 sites in Phase 2 Bond Release status, and 26 abandoned and forfeited sites, 

for a total of 94 permits on the Tennessee IUL. The Lexington Field Office/Knoxville Office 

(LFO/KO) received no new permit applications in FY 2021 and has five other applications in 

various stages of review. At the end of FY 2021, LFO/KO had six Successor-In-Interest (SII) 

applications pending submittal of bonds. Over the past five-year period, Tennessee’s coal 

production has experienced a decline from 0.74 million tons in calendar year 2010 to 0.14 million 

tons in calendar year 2020. Although OSMRE has been the regulator of Tennessee’s coal mining 

industry since 1984, Tennessee is actively working to achieve primacy by pursuing the 

promulgation of a program for the regulation of coal exploration and surface coal mining and 

reclamation operations in the state. 

An interagency group comprised of State and Federal agencies, including OSMRE, the U.S. Army 

Corps of Engineers (USACE), the EPA, the U.S. Fish and Wildlife Service (USFWS), and the 

Tennessee Department of Environment and Conservation, developed a local interagency working 

agreement (LIWA) in 2010 to improve permit coordination in Tennessee. The group continues to 

meet regularly to review new applications and improve the established processes, resulting in more 

efficient and effective decisions related to coal mining activities. 
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As a result of a 2015 lawsuit in Tennessee against USFWS and OSMRE, alleging violation of the 

requirements of the Endangered Species Act (ESA) and the 1996 Biological Opinion, the LIWA 

was modified to include an “effects determination” document. This document was developed by 

OSMRE, in coordination with USFWS, to outline and document the processes and findings used 

to address ESA requirements associated with SMCRA permit revisions, renewals, and mid-term 

reviews. The document contains an assessment of the biological data, an effects determination of 

the impacts to applicable ESA species, and an evaluation of whether the operation will constitute 

jeopardy to the continued existence for each applicable ESA species on or adjacent to a proposed 

permitting action. The effects determination document is included in the overall NEPA analysis 

done for each approvable application and is included in the permit documentation. 

Also, as a result of the settled 2015 lawsuit, LFO/KO conducted section 7 ESA consultations on 

three permits. Prior to the 2015 lawsuits, LFO/KO relied upon the previous 1996 biological opinion 

or any other subsequent OSMRE programmatic biological opinion to satisfy its section 7 

consultation requirements. However, as a part of the 2015 settlement agreement, the decision was 

made to conduct section 7 consultations in lieu of relying on the 1996 biological opinion to satisfy 

the section 7 requirements. LFO/KO made this decision because of the settlement agreement and 

the fact that LFO/KO was already conducting effects determinations on every permitting action 

involving threatened and endangered species since these effects determinations were very similar 

to the biological assessment required under section 7 consultation. Therefore, LFO/KO agreed to 

the section 7 consultation process for these three permits. OSMRE has recently finalized section 7 

consultation with the USFWS resulting in a 2020 Biological Opinion and Conference Report on 

the OSMRE Title V Regulatory Program. Pursuant to this Biological Opinion, when permits are 

issued in States where OSMRE has primary regulatory authority, OSMRE will continue to engage 

in a “step down” section 7 consultation with USFWS. 

In addition, seasonal water quality/quantity data is collected annually at established OSMRE trend 

stations. Data from this effort is used to evaluate and develop cumulative hydrologic impact 

assessments (CHIA) for permitting decisions and to help develop biological assessments to meet 

section 7 consultation requirements in the Tennessee Federal Program. The three sets of samples 

taken include data from 12 trend stations collected during low-flow conditions, winter mean-flow 

conditions, and summer mean-flow conditions. This CHIA data supports permitting decisions and 

helps monitor water quality impacts to ESA species. 

 The LFO/KO forfeited nine performance bonds during FY 2021. Bond forfeiture funds are monies 

collected from forfeited performance bonds associated with mining permits. These funds can only 

be used to reclaim lands on the permits for which the bond was posted and cannot be used to reclaim 

other permitted sites. If the bond forfeiture funds are adequate to reclaim the forfeited sites, any 

surplus amounts remaining must be returned to the operator. 

In Tennessee, funds derived from civil penalties are used by OSMRE to reclaim mine sites that 

have been disturbed after the enactment of SMCRA and have either been abandoned or forfeited 

with insufficient or nonexistent bond funds available to complete the reclamation activities on the 

forfeited site. Since the availability of civil penalty funds is limited, OSMRE prioritizes these sites 

by selecting the sites that have the most potential to cause environmental harm, if left unreclaimed, 
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and expends the available funds on these sites. During FY 2021, no civil penalty funds were made 

available to OSMRE for reclamation work in Tennessee. However, contracts awarded near the end 

of FY 2017 were completed in FY 2018. The three of these sites will continue to be monitored and 

one is expected to be released from the IUL in 2022. 

Washington: There are two surface coal mines regulated under the Federal Program. The Centralia 

Mine produced coal for the adjacent Centralia Power Plant beginning in 1971 until November 2006, 

when the parent company, Trans-Alta Corporation, halted mining because of the high costs to 

recover the remaining coal. Coal for the power plant now comes from the Powder River Basin. In 

July 2010, OSMRE denied a request to continue temporary cessation at the Kopiah Pit, and the 

decision was upheld on appeal. OSMRE approved Trans-Alta’s operation plan for recovery of coal 

from coal mine waste impoundments in February 2012. Coal recovery operations began in 

November 2014. This operation plan facilitates reclamation of the coal mine waste impoundments 

after coal recovery. The recovered coal is sold to the Centralia Power Plant. Such coal recovery is 

considered active mining. Trans-Alta has committed to payment of all necessary fees (royalty and 

abandoned mine land) associated with the mining of this coal. Trans-Alta has submitted revised 

reclamation plans for five areas of the mine. In October 2012, OSMRE approved the reclamation 

plan for the Central Packwood pit area. OSMRE’s review of the revised reclamation plans for the 

North Hanaford Pit, and coal mine waste impoundments 3A, 3B, 3C and 3D are ongoing at this 

time. OSMRE approved the Kopiah Pit Reclamation plan in December 2019 and revised plans for 

Pit 7 in early FY 2021. 

The second mine in Washington overseen by OSMRE’s Federal Program is owned by the Pacific 

Coast Coal Company (PCCC), located near the City of Black Diamond, and has not produced coal 

since 2000. After completing an environmental assessment and concluding the NEPA process, a 

significant revision application to re-commence was approved in April 2018. PCCC has not 

resumed mining and will not pursue mining in the future. PCCC has begun its final reclamation. 

b. Tribes 

OSMRE is responsible for regulating coal mining and reclamation activities on Indian lands. The Indian 

lands program includes permit application review, determination of performance bond amounts, 

inspection and enforcement, bond release, and maintaining a staff to coordinate with the individual 

Tribes and other Federal agencies, as necessary. The proposed budget provides funds for activities to 

promote responsible mineral extraction on Indian lands. 

OSMRE coordinates closely with Indian Tribes through the regulatory process. The Federal trust 

responsibility is a legal obligation under which the United States has moral obligations of the highest 

responsibility and trust toward Indian Tribes. OSMRE ensures that the lands and trust resources of 

federally recognized Tribes and their members are identified, conserved, and protected. In fulfilling 

these responsibilities, OSMRE operates within a government-to-government relationship with Indian 

Tribes. 
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Office of Surface Mining Reclamation and Enforcement 65

The Crow Tribe, the Hopi Tribe, the Ute Mountain Ute Tribe, and the Navajo Nation have active 

permits on their lands. The mines on Indian lands are among the largest in the United States, with a 

total of about 100,500 acres regulated by OSMRE. 

Navajo Nation and Hopi Tribe: The McKinley Mine and the Navajo Mine are large surface mines 

on lands within the Navajo Nation. The Navajo Mine has two permits: the Navajo Permit and the 

Pinabete Permit. The Navajo and Pinabete Permits provide coal to the Four Corners Power Plant. 

Mining operations have ceased at the McKinley Mine, and it is currently undergoing final 

reclamation. Activities on the Kayenta Mine involve mining Navajo coal beneath Navajo Tribal 

lands surface, and coal jointly owned by the Navajo Nation and the Hopi Tribe – all of which is 

beneath the Navajo Tribal lands surface. OSMRE assisted the Bureau of Reclamation (lead 

agency) on the completion of the Draft Environmental Impact Statement for the Navajo 

Generating Station and Kayenta Mine Complex. In early 2017, the owners of the Navajo 

Generating Station (NGS) announced they were no longer going to operate the plant beyond 

2019. Due to this announcement, the lead agency suspended the EIS. The Kayenta Mine ceased 

producing coal in August 2019 to exhaust their current coal stockpiles and NGS ceased 

operations in December 2019. 

Crow Tribe: There are two surface mines in Montana that mine coal owned by the Crow Tribe. 

One of these mines operates within the boundaries of the Crow Reservation. 

Ute Mountain Ute Tribe: Regulated Ute Mountain Ute Tribal lands in New Mexico are limited 

to a haul road that crosses the Ute Mountain Ute Reservation. The haul road is fully reclaimed 

and has gone through the bond release process, and OSMRE terminated its jurisdiction in August 

2019. An underground mining operation in Colorado also extracts Federal coal beneath land 

owned privately by the Ute Mountain Ute, outside of the external boundaries of the Ute Mountain 

Ute Reservation. OSMRE permits this “shadow area” of the underground workings beneath the 

Ute Mountain Ute owned private land as well as approximately 8 acres of surface disturbance 

related to mining on Ute Mountain Ute lands. 

OSMRE assumed responsibility for regulating coal mining and reclamation activities on Muskogee 

(Creek), Cherokee, and Choctaw Nation Tribal Reservation lands from the Oklahoma Department of 

Mines and the Oklahoma Conservation Commission in FY 2021, following the Supreme Court decision 

in McGirt. OSMRE will complete its work to develop and establish an Indian Lands program in the 

State of Oklahoma in FY 2022. 

The number of permitting actions processed by the Indian Lands Program during FY 2021 is shown in 

Table 3. 
Environmental Protection 

Office of Surface Mining Reclamation and Enforcement 66

Table 3 – Permit and Permit Revision Workload – OSMRE as Regulatory Authority

Activity 

Federal 

Programs1 

FY 2021 

Actual 

Federal 

Programs1 

FY 2022 

Projected 

Indian 

Lands2 

FY 2021 

Actual 

Indian 

Lands2 

FY 2022 

Projected 

In progress (prior FY) 3 1 15 20

Anticipated Submissions (current FY) 11 13 75 71

Total FY workload 14 14 90 91

Completed in FY 13 12 70 75

Balance, end of FY 1 2 20 16

Source: OSMRE Data for States and Tribes system (DST) FY2021. 

Notes: 

1. Federal Program numbers do not include reviews of more than one version of a significant 

revision or environmental assessment. 

2. Indian Land numbers do not include the Tribal Reservations in Oklahoma. OSMRE cannot 

make accurate projections until the Oklahoma Department of Mines permits are transitioned to 

OSMRE permits and that transition had not been completed at the time of publication. 

Table 4 provides inspection and enforcement data for the Federal and Indian Lands Programs during 

FY 2021.

Table 4 – Inspections Conducted by OSMRE in the Federal and Indian Lands Program

State/Tribe Partial 

Inspections 

Complete 

Inspections 

Total 

Inspection 

Notice of 

Violations 

Cessation 

Orders 

Tennessee 549 342 891 40 29

Washington 16 5 21 0 1 

States Total 565 347 912 40 30

Crow Tribe 14 10 24 0 0 

Hopi Tribe 0 2 2 0 0 

Navajo Nation 32 16 48 0 0 

Ute Tribe 8 4 12 0 0 

Tribes Total 54 32 86 0 0 

Source: Inspections from OSMRE Data for States and Tribes systems (DST) FY 2021. Violation 

data from OSMRE Inspection and Enforcement Tracking System (I&E) FY 2021

c. OSMRE Responsibility on Federal Lands

As previously highlighted, mining on Federal lands in primacy States is typically regulated by the 

respective State program through a cooperative agreement between the Governor and the Secretary of 

the Interior. This State regulatory work is financed through the State and Tribal funding program 

activity. OSMRE is responsible for preparing mining plan decision documents recommending 

approval, approval with conditions, or disapproval of all proposed mining plans and mining plan 
Environmental Protection 

Office of Surface Mining Reclamation and Enforcement 67

modifications on Federal lands under the Mineral Leasing Act. OSMRE also processes valid existing 

rights claims that involve certain Federal lands under this program activity. This FY 2023 request 

includes $1,584,000 and 10 FTE for the Federal Lands program. 

As part of the Federal Lands program, OSMRE conducts environmental impact analysis in accordance 

with NEPA. OSMRE consults and coordinates, as applicable, with State Historic Preservation Offices, 

the USFWS, the Bureau of Land Management (BLM), the U.S. Forest Service (USFS), the NPS, the 

EPA, and the USACE, as well as with State regulatory authorities. 

Processing of mining plan decision documents constitutes the largest part of the workload under this 

program activity. Moreover, OSMRE is the regulatory authority for mining on Federal lands in States 

which have not entered into a cooperative agreement. Currently, Arkansas does not have a cooperative 

agreement with OSMRE to regulate coal mining on Federal lands. Therefore, if BLM issues a lease in 

Arkansas, OSMRE becomes responsible for issuing the Federal lands permit. After permit issuance, 

OSMRE will conduct regular regulatory inspection activities. 

As a result of the large number of coal company bankruptcies and potential bond forfeitures, OSMRE 

recently conducted a Federal lands bond review to ensure the Federal government is listed on all Federal 

lands bonds. OSMRE has instructed State regulatory authorities to require permittees to update their 

bonds if the Federal government is not listed appropriately. 

Table 5 provides projected mining plan decision document workload data. 

Table 5 – Mining Plan Decision Document Workload on Leased 

Federal Coal, by Fiscal Year 

Mining Plans and Modifications to Existing Mining Plans 

Activity FY 2021 

Actual 

FY 2022 

Projected 

In progress (prior FY) 9 9 

Actual/Anticipated Submissions 3 1 

Total FY workload 12 10

Completed in FY 3 6 

Balance, end of FY 9 4 

Under the Federal Lands program activity, OSMRE also provides support to BLM and USFS in leasing 

activities that involve Federal coal resources. OSMRE’s participation in NEPA compliance analyses 

prepared at the leasing stage ensures the consideration of OSMRE mine plan approval concerns. This 

cooperative effort saves mining companies valuable time in the leasing and mine plan approval process; 

it also may result in improved resource recovery. In addition, satisfactory evaluation of the 

environmental impacts of coal mining in the proposed lease area at the time of leasing can reduce the 

likelihood of the need for a subsequent preparation of NEPA analysis and documentation. 
Environmental Protection 

Office of Surface Mining Reclamation and Enforcement 68

Program Development and Maintenance 

Work elements under this program are primarily policy actions, such as rulemaking, grants management 

and special studies that support the other program activities in the environmental protection business line. 

This FY 2023 request provides $5,488,000 and 36 FTE for Program Development and Maintenance. 

a. Rulemaking 

OSMRE issues Federal rules and prepares the associated information collection clearance packages. 

Functions under this program activity include proposed and final rule development, analysis of 

implication on other statutes, including among others, the Paperwork Reduction Act, and conformity 

with executive orders, preparation of environmental assessments, environmental impact statements, 

public outreach and involvement, and regulatory impact analyses including cost benefit analyses for 

rules prepared by OSMRE. Prior to and during the development of a proposed rule, OSMRE involves 

the public and interested parties. This stakeholder participation results in improved regulatory 

proposals. OSMRE also maintains the administrative record for rules and coordinates rule publication 

with the Office of the Federal Register. During FY 2021, OSMRE worked on one rulemaking activity 

resulting in its publication. 

Rulemaking Associated with State Plans/Programs: OSMRE assists States with development, 

administration, implementation, and maintenance of their approved regulatory and reclamation 

programs. Decisions to approve or disapprove State amendments are Federal rulemaking actions. 

OSMRE evaluates State-initiated program changes (statutory, regulatory, or changes in the program’s 

provisions, scope, or objectives), as well as OSMRE required modifications that are a result of legal 

interpretations or changes to SMCRA and Federal regulations. In its evaluation, OSMRE solicits public 

comments through proposed rules published in the Federal Register, holds public meetings, maintains 

the administrative record, reviews proposed State amendments, and publishes the decisions as final 

rules in the Federal Register. 

In an effort to modernize the tracking of State amendments and ensure timely processing as required 

by Federal regulations, OSMRE researched and evaluated the current tracking methods, investigated 

alternative methods for tracking State amendments and developed a web-based application for tracking 

State amendments and increasing the efficiency of processing State amendments. This application was 

rolled out in Fiscal Year 2021 and OSMRE provided training and support to end users. 

During FY 2021, OSMRE completed activity on four State amendments, as summarized in Table 6.
Environmental Protection 

Office of Surface Mining Reclamation and Enforcement 69

Table 6 – FY 2021 State Program Amendment Activity 

Number of Amendments

Amendment Type Pending 

Oct. 1, 2020 

Received 

FY 2021 

Completed 

FY 2021 

Pending 

Sept. 30, 2021 

Pre-Submission 

Assistance 7 2 4 5 

Formal 3 3 1 5 

Total 10 5 5 10

States may be required to amend their programs as a result of changes to SMCRA and/or Federal 

regulations. When a State program amendment is required, OSMRE notifies the State of the required 

change, reviews the State submission, and either approves or disapproves the proposed change. 

b. Grants Management 

OSMRE supports and participates in the Health and Human Services’ government-wide electronic 

grants application system (Grants.gov). OSMRE is currently using DOI’s Financial and Business 

Management System (FBMS) financial assistance module for internal processing of all grant and 

cooperative agreement transactions. OSMRE and the State/Tribal grantees cooperate to maximize the 

use of available funding and operate an effective program. This cooperative working relationship 

contributes to a streamlined application and awards process, faster obligation of Federal funds, 

innovative program monitoring, less paperwork, and intensive reporting and close-out of grants. 

OSMRE transitioned to GrantSolutions in FY 2021. 

c. Special Projects

OSMRE’s special projects include interpretation of SMCRA, reports to Congress, legislative analyses, 

and assistance in response to litigation. OSMRE also conducts studies and analyses in response to 

Departmental initiatives, and coordinates with other DOI bureaus and Federal agencies whose activities 

can affect the surface coal mining regulatory program. Such agencies include the USFWS (Endangered 

Species Act), Advisory Council on Historic Preservation (National Historic Preservation Act), EPA 

(Clean Water Act, Resource Conservation and Recovery Act, and others), USACE (Section 404 of the 

Clean Water Act permits), Mine Safety and Health Administration, and the Small Business 

Administration (Small Business Regulatory Enforcement Fairness Act) and the Council on 

Environmental Quality (National Environmental Policy Act). In October 2020, OSMRE and USFWS 

completed the development and implementation of a Biological Opinion for Title V of SMCRA by 

completing a formal programmatic consultation with the USFWS. Throughout FY 2022, OSMRE, in 

conjunction with USFWS conducted training and outreach to stakeholders, including the State 

regulatory authorities, on the impact of the 2020 Biological Opinion and Conference Report. Additional 

regionalized trainings and stakeholder outreach sessions with OSMRE, USFWS and associated States 

are planned for FY 2022.
Environmental Protection 

Office of Surface Mining Reclamation and Enforcement 70

ENVIRONMENTAL PROTECTION 

2022 Planned Program Performance 

In FY 2022, the planned activities in the Environmental Protection program activity include: 

• Continuing oversight steering committee conversations with State Regulatory Authorities to 

discuss impediments to meaningful and effective oversight, including revising current OSMRE 

oversight directions. 

• Continuing review of the formal Tribal primacy submission from the Navajo Nation and 

assistance to the Navajo Nation Minerals Department with their primacy presentation to the 

Navajo Nation Council. 

• Continuing review of informal submissions from the Crow and Hopi Tribes. 

• Reviewing the formal Tennessee primacy submission, should it decide to formally submit, and 

assisting the Tennessee Department of Environment and Conservation with development of its 

program. 

• Completing six mining plan decision documents on Federal lands including associated 

environmental effects analysis in compliance with NEPA. 

• Monitoring the implementation of Kentucky’s program amendments related to its bonding 

program for effectiveness through oversight studies and monitoring. 

• Achieving the goals for performance measures identified in this business line, and engaging youth 

by providing educational and employment opportunities to young adults in fields associated with 

surface coal mining regulation and reclamation. 

• Publishing proposed Emergency Preparedness for Impoundments Rule. 

• Providing training to stakeholders in conjunction with the USFWS, on the 2020 Biological 

Opinion and Conference Report on OSMRE’s Title V Regulatory Program. 

• Continuing administration of the SMCRA program on Muscogee (Creek), Cherokee, and 

Choctaw Nation Reservations and establishing an Indian Lands program in Oklahoma. 

• Continuing ongoing consultations with Muscogee (Creek), Cherokee, and Choctaw Nations. 
Environmental Protection 

Office of Surface Mining Reclamation and Enforcement 71

2021 Program Accomplishments 

In FY 2021, the major accomplishments in the Environmental Protection program activity included: 

• Implemented the Federal and Indian Lands Programs, conducting 379 complete and 619 partial 

inspections, and completing 83 permit actions. 

• Provided oversight of States as they performed 22,723 complete mine inspections and 39,591 

partial inspections to ensure coal mines are operated safely and in accordance with environmental 

laws. 

• Continued to promote utilization of the Forestry Reclamation Approach (FRA) on active mining 

operations, with 97 percent of all trees planted on FRA prepared areas. A total number of 

1,231,987 trees were planted during FY 2021 with 1,191,113 utilizing FRA on 1,985 acres. 

• Completed three mining plan decision documents, recommending approval of the mining plan 

modification including the preparation of environmental assessments analyzing the environmental 

effects of the mining plan modification in compliance with NEPA. 

• As the regulatory authority for Tennessee, issued a new mining permit for surface coal mining 

and reclamation operations on 433.6 acres in Tennessee including an environmental assessment 

analyzing the environmental effects of the permit in compliance with NEPA requirements and a 

section 7 consultation in compliance with ESA requirements. 

• Published the Civil Monetary Penalty Inflation Adjustments Rule. 

• Published the Clarification of Provisions Related to the Issuance of Ten-Day Notices to State 

Regulatory Authorities and Enhancement of Corrective Action for State Regulatory Program 

Issues rule. 

• Analyzed the extent of the U.S. Supreme Court McGirt v. Oklahoma decision in FY 2020 that 

determined that the Muscogee (Creek) Nation Reservation in Oklahoma had never been 

disestablished. The decision recognized that it may extend to other Tribes in eastern Oklahoma, 

and subsequent decisions made by the Oklahoma Court of Criminal Appeals determined that the 

Cherokee and Choctaw Nation Reservations had similarly never been disestablished. OSMRE 

determined that, as a result of these decisions, these reservation lands meet the definition of 

“Indian Lands” under SMCRA, and that OSMRE has sole responsibility to administer SMCRA 

on these lands. In FY 2021, OSMRE notified the State of Oklahoma of this determination, and 

completed the transition of SMCRA authority from the State to OSMRE.

• Conducted formal Tribal consultations with the Muscogee (Creek), Cherokee, Choctaw, and 

Chickasaw Nations. These consultations will be ongoing in FY 2022 as OSMRE administers 

SMCRA on Tribal lands and establishes an Indian Lands program in Oklahoma.

• Completed the development and implementation of a Biological Opinion for Title V of SMCRA 

by completing a formal programmatic consultation with the USFWS.

• Provided an extensive review of Tennessee’s pre-submission assistance package outlining 

Tennessee’s proposed regulatory program. 
Environmental Protection 

Office of Surface Mining Reclamation and Enforcement 72

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TAB

Technology Development & 

Transfer 
Page Intentionally Left Blank
Technology Development and Transfer 

Office of Surface Mining Reclamation and Enforcement 73

TECHNOLOGY DEVELOPMENT AND 

TRANSFER 

Technology Development and Transfer Budget Request 

(Dollars in Thousands)

2021

Actual

2022

CR

Fixed 

Costs 

(+/-) 

Internal 

Transfers 

(+/-) 

Program 

Changes 

(+/-) 

2023

Request

Change 

From 

2021

(+/-) 

Regulation and 

Technology 14,765 14,765 +442 - +940 16,147 +1,382 

Technical Assistance 10,668 10,668 +271 +718 11,657 +989 

FTE 48 48 +3 51 +3

Training 2,060 2,060 +108 +172 2,340 +280 

FTE 10 19 - 19 - 

Technology Transfer 2,037 2,037 +63 +50 2,150 +113 

FTE 7 11 - 11 - 

Abandoned Mine 

Reclamation Fund 3,608 3,608 +92 - +587 4,287 +679 

Technical Assistance 1,626 1,626 +42 +531 2,199 +573 

FTE 12 7 +3 10 +3

Training 814 814 +44 +52 910 +96 

FTE 4 7 - 7 - 

Technology Transfer 1,168 1,168 +6 +4 1,178 +10 

FTE 1 1 - 1 - 

Total, Technology 

Development and 

Transfer 

18,373 18,373 +534 - +1,527 20,434 +2,061 

Total FTE 82 93 - - +6 99 +6
Technology Development and Transfer 

Office of Surface Mining Reclamation and Enforcement 74

Summary of 2023 Program Changes for Technology Development and Transfer 

Request Component ($000) FTE 

Replace Hydrocarbon-powered Vehicles with ZEVs +107 - 

Enhance Information Technology Systems Support +1,000 +6

2022 Baseline Capacity +420 - 

TOTAL Program Changes +1,527 +6

The Technology Development and Transfer program supports technical skills that States and Tribes need 

to operate their programs. The FY 2023 request provides resources for technical assistance, training, 

technology development, and technology transfer. 

Justification of 2023 Program Changes 

The 2023 budget request for Technology Development and Transfer is $20,434,000 and 99 FTE, a program 

change of +$1,527,000 and +6 FTE from the 2022 CR level. 

Zero Emission Vehicle Fleet Conversions (+$107,000) – The 2023 budget includes funding to accelerate 

the conversion of OSMRE’s fleet to zero emission vehicles (ZEVs) and provide charging stations and 

hydrogen fueling stations to support those vehicles and future ZEVs. This conversion will immediately 

reduce the Interior’s contributions to greenhouse gas emissions and dependence upon hydrocarbons. The 

investment in infrastructure will support these new vehicles and ensure charging infrastructure is available 

for subsequent ZEVs. This project is being coordinated across Interior and with other agencies to maximize 

utility of charging and hydrogen fueling stations in areas where multiple agencies operate. The funding 

also supports a small planning and coordination function to effectively deploy the fleet and charging 

infrastructure. 

Enhance Information Technology Systems Support (+$1,000,000/+6 FTE): The 2023 budget includes 

funding for additional staffing to effectively develop and maintain critical OSMRE information systems, 

such as the Coal Information management System (IMS) and the Applicant Violations System (AVS). 

These systems are integral to OSMRE’s and its State and Tribal partners’ SMCRA mission and provide 

service and benefit to other external stakeholders and the general public. 

Baseline Capacity (+$420,000): The 2023 budget includes important investments in programs needed to 

help strengthen America and increase competitiveness as the world continues to change. These investments 

include funding needed to maintain a strong, talented workforce and the must pay requirements needed to 

continue to fulfill the OSMRE mission. The budget includes $420,000 in this activity, which reflects the 

incremental amount needed to cover the fixed costs associated with mission operations in FY 2022. This 

request in combination with the FY 2023 fixed costs amounts will allow the program to meet must pay 

requirements without impacting program activities. 
Technology Development and Transfer 

Office of Surface Mining Reclamation and Enforcement 75

OVERVIEW 

The Technology Development and Transfer (TDT) business line (program activity) provides national 

resources for technical assistance, training, technology development and technology transfer for Federal, 

State and Tribal regulatory and reclamation staffs. This program activity supports and enhances the 

technical skills that States and Tribes need to operate their regulatory and reclamation programs in order to 

carry out the requirements of SMCRA. Through support of OSMRE’s restoration and protection goals, 

TDT funding helps OSMRE to implement effective partnerships with stakeholders. 

In FYs 2022 and 2023, OSMRE will continue 

to promote the use of Technical Innovation 

and Professional Services (TIPS) in technical 

decision-making processes related to 

SMCRA. OSMRE will address the 

remediation of acid mine drainage through 

participation in the Acid Drainage Technology 

Initiative and provide training and technical 

assistance to meet identified needs of States 

and Tribes. 

In addition, OSMRE’s Technology Transfer program will continue its support for electronic permitting and 

mobile computing efforts, by sponsoring interactive technical forums and related workshops. OSMRE will 

provide regional technical service, libraries, and more efficient access to COALEX (a computer-assisted 

library search service). 

Operational Process (Program Activities): The TDT program activities are an integral part of 

accomplishing Environmental Restoration and Environmental Protection to achieve OSMRE’s goals and 

outcomes. 

OSMRE provides technical assistance and training to OSMRE staff, States and Tribes on a variety of topics, 

and technology transfer is a significant part of OSMRE’s cooperative effort with partner States and Tribes. 

To solve problems related to the environmental effects of coal mining, OSMRE provides multidisciplinary 

technical assistance and works with industry, States, Tribes and the public on new or unique technical 

challenges or problems. Other technical assistance efforts include the Technical Innovation and 

Professional Services (TIPS), AVS, and Coal Information Management System (CIMS). OSMRE has 

established an intergovernmental team, the National Technology Transfer Team (NTTT), to provide 

ongoing direction, communication, and coordination of efforts related to technology transfer and 

development. New technologies, changes in regulations, and staff turnover in States and Tribes necessitate 

the need for continued technical training. OSMRE provides this required training through the National 

Technical Training Program (NTTP). 

TDT program performance is ultimately measured by the success of the regulatory and reclamation 

programs in carrying out their environmental restoration and protection missions. Performance for the 

business line is also measured through the number of staff technically trained (including knowledge and 

skills taught and applied), the utilization of automated technologies (such as TIPS), and the quality and 

TECHNOLOGY DEVELOPMENT & TRANSFER 

ENCOMPASSES: 

Technical Assistance 

Technical Training 

Technology Transfer 
Technology Development and Transfer

Office of Surface Mining Reclamation and Enforcement 76

timeliness of technical assistance provided by OSMRE, determined via evaluations and customer service 

surveys.

Actions Required to Achieve Annual Goals: In FY 2022, the NTTP, TIPS, the National Mine Map 

Repository (NMMR), and AVS will increase access to users by providing information via the internet. In 

addition, the NTTP and TIPS will continue to work with technical leadership to provide direction, 

communication, and coordination efforts related to technical issues and studies.

Resources, Skills, and Technology Needed: OSMRE is committed to ensuring States, Tribes, and 

OSMRE have the best available technical data and information needed to make science-based decisions 

regarding mining plans, reclamation project design, permit reviews, blasting, and acid mine drainage 

remediation and prevention. To implement the surface mining regulatory and reclamation programs, 

OSMRE, as well as the States and Tribes, must maintain multi-disciplinary staff that are fully competent in 

addressing a wide variety of technical issues that affect these programs.

The total FY 2023 request for this business line is $20.4 million. The request includes $13.9 million for 

Technical Assistance (including the TIPS and AVS support); $3.2 million for Technical Training; and $3.3 

million for Technology Transfer efforts to meet the annual goals set forth above.

The following section details, by program activity, the funding and FTE resources required to meet 

performance goals. It also includes examples of the types of technical training, assistance efforts, and 

technology transfer provided by this business line.
Technology Development and Transfer 

Office of Surface Mining Reclamation and Enforcement 77

2023 PROGRAM PERFORMANCE 

The following program activities support OSMRE’s goal to strengthen the capabilities of the States, Tribes, 

and OSMRE staff to implement SMCRA effectively through quality technical and scientific information, 

expertise, and training. Skill and knowledge enhancement is critical to the continued success of surface 

mining and reclamation programs. In addition, OSMRE provides opportunities to students and recent 

graduates, either directly or through cooperative agreements, to engage them in technical and natural 

resources activities. 

OSMRE’s stakeholders (States, Tribes, the public, and industry) continue to express support for 

Technology Development and Transfer efforts and encourage OSMRE to provide the types of technical 

support needed to effectively and efficiently meet SMCRA, the National Environmental Policy Act, and 

other environmental and safety laws. Helping the States, Tribes and industry achieve up-front compliance 

reduces the need for additional regulatory resources. Many activities planned for FY 2022 will identify the 

needs for activities in FY 2023. Adjustments within activities may be necessary during FYs 2022 and 2023 

in order to focus resources on the highest priority program needs. Therefore, the following discussions are 

representative of the types of activities that will be conducted in the future. 

Technical Assistance 

OSMRE provides technical assistance to State and Tribal regulatory and reclamation staff, and to OSMRE 

staff, that review and oversee State programs, develop rules or policy, litigate SMCRA challenges or 

enforcement actions, or maintain other technical support infrastructure such as TIPS, AVS, and technical 

training programs.2 The $13,856,000 requested for FY 2023 will fund 61 FTE to carry out these activities. 

OSMRE uses customer surveys to document the responsiveness of OSMRE’s technical assistance to its 

customers in a timely and professional manner. By meeting technical assistance needs, OSMRE can 

effectively achieve its Environmental Restoration and Environmental Protection mission goals while 

fostering the efficient use of the Nation’s natural resources. 

a. Technical Policy Assistance 

OSMRE specialists provide technical assistance to State and OSMRE regulatory and reclamation policy 

staffs. The areas of assistance include rulemaking, citizen complaint investigations, review of offsite 

impacts, guideline development, State program amendments, State mining permit evaluation, and AML 

problem evaluation. Assistance spans blasting policy, prime farmland reclamation, geomorphic 

reclamation, soil substitution, placement of coal combustion residue, reclamation bonding sufficiency 

and bond release, threatened and endangered species, restoration of mined land with native vegetation, 

land unsuitability determinations, and participation as technical experts on interagency committees. 

Assistance also includes acid mine drainage (AMD) prevention and remediation, acid and toxic forming 

materials handling, surface and groundwater dewatering, stream and underground mine flooding, 

2 OSMRE also utilizes appropriations to the Environmental Restoration and Protection business lines to deliver 

customized technical assistance for abandoned mine land projects, civil penalty and bond forfeiture projects, and 

other regulatory matters which are not included in this program activity. 
Technology Development and Transfer 

Office of Surface Mining Reclamation and Enforcement 78

mountaintop mining and valley fills; permit findings, remining, impoundment stability, subsidence 

caused by underground mining, and assistance in fostering Tribal primacy by helping Tribes develop 

technical capabilities. 

Examples of activities include: 

Blasting: Annually, OSMRE facilitates discussions between State and Federal blasting specialists 

to foster a better understanding of blasting issues and technology that result in consistent defensible 

application of blasting rules, National certification of blasters, and resolution of citizen complaints. 

To achieve these goals in FY 2021, OSMRE conducted State-specific blasting inspection training 

(virtually) for NY, Blasting and inspection, Fall 2020: NY, Advanced Blasting, winter 2021: WV, 

Mine Gas Safety, Spring 2021 and; WV, Advanced Blasting, Spring 2021. In addition, OSMRE 

created Excel tools to predict and evaluate the adverse effects of blasting, maintained the OSMRE 

Blasting webpage, hosted monthly Blasting Technical Chat conference calls (average of 20 

participants monthly), facilitated State regulatory discussions at State coordinated workshops, and 

responded to numerous State inquiries for technical information and advice. 

OSMRE continues to issue OSMRE Blaster Certificates (recognized by many States for 

certificate/license reciprocity), provide continuing education for blasters in support of state 

programs, and maintain the Blaster Certification Tracking System (BCTS), used to track Federally 

certified blasters. Currently, 30 blasters possess OSMRE Blaster Certificates in the Federal and 

Indian Lands Program, in the States of Tennessee and Washington and in the Navajo and Crow 

Nations, respectively. In addition, OSMRE facilitates discussions of the Appalachian Blaster 

Certification Delegation (ABCD) whose aim is to standardize training, experience requirements, 

and testing of blasters and coordinates the ABCD Blasting Inspectors’ Workshop. The goal of the 

ABCD is to develop consistent certification procedures and enforcement actions for blasters, the 

only other entities besides permit holders that OSMRE and the states regulate. 

In FY 2022 and FY 2023, OSMRE will continue to help the States address technology issues related 

to the use of explosives. Included will be support for new products, new design techniques, 

interpretation of seismic and acoustic monitoring information, the proper deployment of blasting 

seismographs, consistent development of blasting plans, blast area security assurances, establishing 

safe vibration limits, control of flyrock, minimization of blast fumes, and proper record keeping. 

Blaster certification programs will continue to be supported to ensure adequate training, improved 

work experience opportunities, consistent testing, and uniform certificate issuance and reciprocity 

across the Nation. 

Support will also continue at National Continuing Education events that provide technological and 

regulatory updates to blasters in need of continuing education credits. To ensure that OSMRE 

continues to promote the best technologies currently available, OSMRE will also assist the 

International Society of Explosives Engineers’ Standards Committee, develop and maintain 

performance and field deployment standards for blasting seismographs, and participate on the 

National Fire Protection Association’s Technical Committee on Explosives, who develop standards 

on the safe use of explosives. 
Technology Development and Transfer 

Office of Surface Mining Reclamation and Enforcement 79

Dam Safety Program: OSMRE’s Dam Safety program has helped reduce the probability of dam 

leaking or breaks by implementing revised oversight standards. OSMRE has a Dam Safety Team 

comprised of Regional Dam Safety Representatives and OSMRE's Dam Safety Officer. The team 

works to review current regulations, directives, guidelines and other mechanisms to ensure that 

current best practices are employed. 

The Dam Safety Team is responsible for completing inventory updates and assistance in providing 

data to support the annual DOI Dam Safety Program Performance Report, the biennial FEMA 

report and the annual USACE report. The dam safety database ranks dams under OSMRE oversight 

in accordance with the Hazard classification followed by the U.S. Department of Agriculture, 

Natural Resource Conservation Service Technical Release (TR) No. 60 (2005). The database also 

includes the FEMA 333 hazard classification of High, Significant and Low hazard dams, including 

impoundments. 

OSMRE is taking a proactive role in participating in DOI's Working Group on Dam Safety and 

Security (WGDSS) to articulate precise language on hazard classification criteria. This will 

facilitate hazard classification characterization schemes within the bureaus. In addition, OSMRE 

supports joint regulatory activities along with Mine Safety and Health Administration (MSHA) to 

review and improve dam safety processes. Team members keep abreast of industry standards 

through participation in conferences, meetings, and work groups. OSMRE recognizes the 

importance of the dam safety program in improving risk reduction in the design, construction and 

maintenance of mining operation activities. 

Acid Mine Drainage (AMD): Surface and underground coal mining activities expose iron sulfide 

minerals in rock to weathering. The interaction of these rocks/minerals with air and water can result 

in AMD, and/or metal-rich drainage, which are a primary driver of water quality problems in 

Appalachia and to a lesser, but still serious, extent in other coal and hard rock mining regions. 

OSMRE participates in the Mine Drainage Technology Initiative (MDTI) (formally known as the 

Acid Drainage Technology Initiative (ADTI)). MDTI is a collaborative effort among Federal 

agencies, industry, State environmental agencies, academia, and the National Mine Land 

Reclamation Center to promote communication and technology enhancement in emerging mine 

water issues, particularly AMD, selenium and specific conductance prediction, prevention and 

treatment, and biological impacts. 

AMDTreat Software: AMDTreat is a computer application developed by OSMRE that is the 

industry standard for estimating long-term treatment costs for polluted mine water drainage, 

commonly referred to as acid mine drainage (AMD). Users of the application include watershed 

associations, regulatory and abandoned mined land state programs, environmental groups and 

industry located in over 40 States and across 40 countries. Most Appalachian States rely on 

AMDTreat to help support various aspects of their regulatory and abandoned mine land programs. 

For example, the Pennsylvania Department of Environmental Protection requires operators and 

permit reviewers to use AMDTreat to calculate or substantiate treatment costs for all 217 long-term 

discharges covered by 73 bonds and 76 trust funds. AMDTreat has been used to calculate and 
Technology Development and Transfer 

Office of Surface Mining Reclamation and Enforcement 80

substantiate in excess of $401 million of treatment liability in Pennsylvania, a testament to the 

importance of the software in supporting State programs. 

Since FY 2016, OSMRE has invested in a cooperative project to update the computer coding and 

enhance treatment modules of AMDTreat, completing all 21 modules and 18 tools included in 

Phase II of the project as of the end of FY 2021. Further software coding for Phase III is underway 

and includes integration of the water quality prediction tool, print and save utility, modifications to 

the main User Interface, as well as Beta testing and help documentation. Phase III work will 

continue into FY 2022. The cooperative effort to perform the recoding and enhancement includes 

OSMRE, the United States Geological Service (USGS), and the regulatory authorities of 

Pennsylvania and West Virginia. 

Designating Areas Unsuitable for Surface Coal Mining: Section 522 of SMCRA establishes a 

process by which the public may petition the regulatory authority to limit or prohibit all or certain 

types of surface coal mining operations on land areas to protect certain features or environmental 

values. OSMRE receives and processes these petitions for all lands for which it is the regulatory 

authority. The decision-making process includes preparation of an environmental impact statement 

and a takings implication assessment. 

Under section 522(e) of SMCRA, OSMRE also is responsible for making valid existing rights 

(VER) determinations for all Federal lands and all lands for which OSMRE is the regulatory 

authority. Section 522(e) prohibits or limits surface coal mining operating within certain areas, 

subject to valid existing rights. 

Both unsuitability determinations and VER determinations require substantial technical and 

programmatic resources and are supported by the Environmental Protection business line. They 

also involve litigation support if a takings claim is subsequently filed against the Federal 

government. 

b. Site-Specific Technical Assistance

OSMRE specialists assist in the technical aspects of compliance monitoring (including inspection and 

enforcement assistance), blasting, experimental practice reviews, reclamation cost estimate calculation, 

bond release application reviews, bond approval reviews, bond forfeiture reclamation designs, land 

unsuitability determinations, surveying, revegetation, geologic sampling, AML designs, subsidence 

and AMD abatement, and any technical assistance on citizen complaints and ten-day notices. The 

following are examples of the types of site-specific technical assistance provided to States and Tribes. 

Assistance to the National Park Service at the Big South Fork National River and Recreation Area: 

Discharges from pre-SMCRA underground mines have impacted waters within NPS property. The 

work is focused on two areas of the Park, Worley and Laurel Branch. At Worley, OSMRE installed 

a flume, deployed water level loggers, and performed monthly water sampling to characterize two 

large underground mine discharges. In addition to the field work, OSMRE researched available 

mine maps in order to better define the extent of the underground works in the area and has digitized 

coal structure contours and other features from the maps to better understand the layout of each 
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mine. OSMRE collected data from the Worley discharges to establish seasonal variability of water 

quality and quantity. OSMRE provided NPS with a report summarizing the findings at Worley, and 

provided recommendations for water treatment, sludge disposal and maintenance. OSMRE has 

been assisting NPS at Laurel Branch, which has been impacted by coal refuse disposal. OSMRE

will use the water quality data collected along with soil samples from the coal refuse disposal areas 

to provide the NPS with erosion control and water treatment recommendations for Laurel Branch. 

Seifarth Subsidence Emergency: The Maryland Department of the Environment AML Division 

requested technical assistance from OSMRE to conduct an AML complaint investigation at a 

residence experiencing structural damage to assist with mining-related determination. Upon 

determination and recommendation to declare an emergency, OSMRE also recommended an 

abatement plan of drilling and grouting. 

Isabella Mine Complex, Pennsylvania: OSMRE is continuing to provide considerable technical 

support to treat acid, metal-laden mine drainage, reclaim a mine coal refuse, and partially dewater 

an existing impoundment for the Pennsylvania Department of Environmental Protection (PADEP). 

The project includes developing a large passive water treatment system for several mine discharges. 

The existing exposed, unreclaimed coal refuse piles will be regraded to afford positive drainage as 

well as topsoiled and vegetated. The effort will improve an existing impoundment with a surface 

area of over 40 acres that presently has no engineered decant system. This has resulted in continued 

accumulation of water into the impoundment from precipitation events and flooding of a nearby 

township road. In FY 2021 the impounding structure water levels were lowered, and monitoring 

will continue. OSMRE staff visited the site with PADEP staff to ensure that monitoring equipment 

was in good working order in late FY 2021. 

TrueTown Acid Mine Discharge and Mine Pool Characterization: OSMRE continues to provide 

technical assistance to the State of Ohio by providing mine mapping and GIS database analysis for 

a mine pool blowout near TrueTown, Ohio. The discharging acid-mine water is sought to produce 

pigment for paint. OSMRE hydrologists and GIS specialists map out the extents of underground 

mine workings to determine barrier placements. These maps indicate how the water in the mine 

voids moves through the mines and the potential for pumping sludge back into the mines after 

treatment and the iron pigments are extracted. OSMRE is providing subject matter expertise on 

mine pools and treatment systems. 

Experimental Practices: Through FY 2021 OSMRE has provided technical support on two 

Experimental Practice applications. On one our engineers and geologists provided assistance in the 

review of the Brushy Fork Experimental Practice (highwall retention) request in West Virginia. 

The second Experimental Practice is Pikeville RV Sales, Inc. (highwall retention). OSMRE 

engineers and hydrologists have provided recommendations that are currently under discussion 

between LFO and the State. 

Hydrologic Assessments & Post-Underground Mining Assessments: OSMRE completed eight 

underground mine bond release evaluations as required in Virginia and five in West Virginia. Staff 

collaborated to evaluate the review of the underground mine bond release process and developed a 

template to use for these reviews. 
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Mine Gas Investigations in Regions 1 and 2: OSMRE technical staff responded to requests by the 

States in the Region in FY 2021. OSMRE provides long-term monitoring of air quality parameters 

such as oxygen or methane. OSMRE technical experts evaluated the history of coal mining in the 

area to determine if the presence of coal gases or lack of oxygen is related to coal mining and 

methods to mitigate the issues. 

Fugitive gas (carbon dioxide) investigations: Gas investigations for carbon dioxide emissions from 

mines into structures have continued in FY 2021. The final report for an AML investigation of 

mine gases in Bovard, PA, was completed in the 1st quarter of FY 2021.

Lester residence: Gas investigation for methane (CH4) source in West Virginia. Report finalized 

on December 30, 2020. 

Pinnacle Mine Methane (Mitros) Gas Complaint Investigation: April 15 – May 24, 2021. Reviewed 

reports, gas samples, maps, and reported findings. Report completed on May 24, 2021, with an 

addendum completed on September 14, 2021. 

Bowlby Airshaft: The West Virginia Department of Environmental Protection received a complaint 

about air blowing from a field in northern WV and requested technical assistance from OSMRE. 

The location is near a previously remediated AML site, and efforts are being made to determine 

where the air is currently coming from. OSMRE technical experts visited the site several times and 

utilized our borehole camera equipment. Mine maps have been obtained from the National Mine 

Map Repository for the area. By using all of our various resources and expertise, OSMRE 

determined that the cause is related to pre-SMCRA coal mining and is, therefore, eligible for AML 

funding. 

Biological Opinion Dispute Resolution with Virginia DMME: In the 2019 Biological Assessment, 

a process was outlined in the event that the SRA and USFWS cannot agree on mitigation actions 

for threatened or endangered species that may be affected by a coal mining permit decision. In 

2021, the first activation of this process occurred, with the Level 1 Dispute Resolution being 

between the Virginia Department of Mines, Minerals and Energy (DMME) and the Abingdon Field 

Office (AFO) of the USFWS. OSMRE formed a team to evaluate the disagreement, which centered 

on the threatened Big Sandy crayfish and measures proposed for ensuring that the mine would not 

impact this threatened species. OSMRE provided a report and two options to DMME and AFO for 

compromise on the permit provisions. 

Joint OSMRE/PA DEP Work Group to Review and Recommend Improvements to PA’s Practices 

and Procedures Relative to Long-Term AMD Treatment Liability Covered by Bonds and/or 

Treatment Trusts: OSM conducted oversight reviews of eight permits that use financial assurances

to cover long-term water treatment obligations in FY 2020 in Pennsylvania. The review found the 

assumptions and costs used to characterize the financial liability for the permits were not

accounting for all liabilities and contained inaccurate costs. As a result, PADEP and OSMRE

formed a joint team to develop Standard Operating Procedures (SOP) to guide staff through the 

process of characterizing treatment liability to develop financial assurance coverage. The team is
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developing three SOPs that will standardize the program and prevent future mistakes evaluating 

liability. 

Sediment Impacts to Receiving Streams with Threatened and Endangered Crayfish Species, West 

Virginia: OSMRE is working in cooperation with the WVDEP to ascertain the impacts of sediment 

on stream habitat of the recently listed as threatened or endangered Guyandotte and Big Sandy 

crayfish. Water quality and flow measurements are being collected in response to precipitation 

events and are being augmented by continuous in-stream monitoring with data turbidity logging 

meters. The study will monitor sedimentation in the Pinnacle Creek and Clear Fork watersheds to 

determine possible sources of sedimentation, including coal mining activities. The effort will assist 

the WVDEP to better manage mine sites to minimize impacts to habitats where threatened and 

endangered crayfish live. 

Mine Water Treatment Systems Efficiency Evaluation: Numerous cases of active and abandoned 

mine water treatment systems exist throughout the Appalachian region. The efficacy of these 

systems is often well below optimum conditions due to a variety of reasons. Abandoned mine water 

treatment systems are generally operated by State agencies or local non-government organizations 

and require continual funding for ongoing operations and maintenance (O&M). Water treatment at 

active mine sites has the statutory requirement of treating to meet National Pollutant Discharge 

Elimination System (NPDES) effluent standards. Sufficient bonding is required to assure that 

treatment continues until the water quality meets effluent standards without treatment, which in 

many instances lasts for decades. Characterization of the mine water treatment systems allows for 

determination of the estimated time period that treatment may be necessary, methods for 

improvement of the existing treatment system efficiency, and the cost to construct and operate new 

or replacement treatment systems as well as the potential for employing new innovative 

technologies to save capital, labor and materials costs. Many existing treatment systems were 

designed and constructed based on technology developed many years ago. New technologies and 

methods (e.g., use of high-strength hydrogen peroxide as an oxidant for iron removal) have been 

shown to greatly reduce treatment costs and diminish the volume of residual sludge created during 

treatment. 

Gladden Treatment Facility: Discharging mine waters producing 200 gallons per minute of ironrich waters from underground mines have been discharging into Miller’s Run for years. A treatment 

facility was built to treat the discharging mine waters and to restore Miller’s Run near South Fayette 

Township, Pennsylvania. However, the treated water was not meeting effluent water quality 

standards. The treatment facility contracting office requested OSMRE technical assistance on 

treatment calibration and ensuring stream rehabilitation. OSMRE, the Pennsylvania Department of 

Environmental Protection, and the contracted treatment plant operator, TetraTech, Inc. successfully

implemented a plan over three months of collaboration in FY 2021. The recalibration of the 

treatment facility was based on OSMRE subject matter expertise. The facility is now producing 

consistent, clear, nonimpaired stream waters with an effluent concentration of less than 0.5 

millimeters per liter of iron. 

Engineering Evaluations, Analyses, and Investigations: OSMRE continues to provide engineering 

support to OSMRE field offices and State regulatory authorities in support of SMCRA. Field 
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investigations and recommendations are provided to assist with citizen complaints, Ten-Day 

Notices, and Deficiency Letters. Site investigations are performed to obtain field data to support 

engineering evaluations and analyses for slurry impoundments, oversight studies, and off-site 

impacts resulting from mining activities. Engineering support is provided through evaluations of 

design calculations, slope stability analyses, soil mechanics, surface water hydrology, seepage 

analyses, erosion and sediment control, cost estimating, and the preparation of Engineering 

Reports. OSMRE is currently providing engineering assistance on the following projects in West 

Virginia, Tennessee, and Kentucky: Slurry impoundments requiring engineering assistance to 

address staging issues and slope stability concerns for upstream construction and a proposed 

downstream buttress. Evaluation of proposed remediation plans continued throughout FY 2021. 

OSMRE also provided engineering support by evaluating engineering aspects of two experimental 

practices involving highwall retention which involve long term rock stability concerns. 

Sampling and Testing for Recoverable Rare Earth Elements (REE): Demand for REE has rapidly 

increased in electronics and renewable green energy technologies which led to a nationwide search 

for REE in the U.S. Coal mine drainages (CMD) in the Appalachian and Illinois coal basin have 

been identified as a potential source of REE. If REE occurrences can be identified and economically 

recoverable in the Illinois coal basin, the result may lead to a funding source for Federal/State mine 

drainage abatement efforts. 

Kansas Monahan AML Passive Treatment System Design: Kansas Department of Health and 

Environment (KDHE) requested for AMD treatment options and engineering design of finalized 

treatment option for Monahan AML site in Kansas. OSMRE hydrologist and mining engineer from 

Interior Regions 3, 4, and 6 (Mid-Continent Region, Alton, Illinois) formulated a best treatment 

option and developed a draft design work in CAD format. The final products were delivered to 

KDHE in FY 2019 for their completion of the engineering design. During FY 2020 and FY 2021, 

regional technical staff provided review comments, design modifications, and updated water 

quality data. In FY 2022, OSMRE will assist Kansas throughout the construction process and postconstruction evaluation phases. 

Old Bevier AML Passive Treatment System Rehabilitation, Missouri: Beginning in FY 2019, the 

Missouri Department of Natural Resources Land Reclamation Program (MDNR-LRP) requested 

assistance in preparing the engineering design for reconstruction of the Old Bevier AMD passive 

treatment system in Missouri. The original AMD passive treatment system was constructed in 2001, 

and the treatment’s performance declined gradually over time. Following a site investigation and 

OSMRE-assisted CAD redesign efforts, MDNR-LRP is contracting to rebuild two critical 

components known as vertical flow ponds during the fall and winter of 2020. During FY 2021, 

OSMRE assisted Missouri throughout the reconstruction process and post-construction evaluation 

phases. In FY 2022, post-construction evaluation will continue to monitor the performance of the 

updated passive treatment system. 

Enos AML Passive Treatment System Rehabilitation, Indiana: An OSMRE hydrologist from 

Interior Regions 3, 4, and 6 (Mid-Continent Region, Alton, Illinois) has been assisting Indiana 

Department of Natural Resources Land Reclamation Program Division of Reclamation (IDNRDOR) evaluate the Enos AMD Passive Treatment System since construction in 2005. OSMRE 
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provided the baseline water quality study and conceptual design for this very large system. The 

original AMD passive treatment system is functioning, but the performance declined gradually over 

time. IDNR-DOR requested assistance in the hydrologic study associated with the reconstruction 

during the fall and winter of 2020-2021. IDNR-DOR has contracted to rebuild two critical 

components known as vertical flow ponds, and OSMRE will assist Indiana throughout the 

reconstruction process and post-construction evaluation phases. 

AML Acid Mine Drainage Investigations in Illinois: Illinois is considering constructing additional 

treatment systems to abate AMD issues in Macoupin and St. Clair Counties in west central Illinois. 

An OSMRE hydrologist from Interior Regions 3, 4, and 6 (Mid-Continent Region, Alton, Illinois) 

started evaluating one site in FY 2020, the Superior Washer AML site. The Superior Washer AML 

site is being re-evaluated for active treatment in FY 2022 after a passive treatment option was 

deemed untenable. An additional site, the St. Louis and O’Fallon No. 2 AML site, is being 

evaluated. Passive treatment design assistance is planned in FY 2022 for the St. Louis and O’Fallon 

No. 2 site. Another technical assistance is also planned in FY 2022 at the Delta AML site in 

Southern Illinois to evaluate whether an AMD abatement using passive treatment technology is 

feasible. 

Texas Technical Assistance: In response to a request from the Railroad Commission of Texas—

Surface Mining and Reclamation Division (SMRD), an OSMRE hydrologist from Interior Regions 

3, 4, and 6 (Mid-Continent Region, Alton, Illinois) attended a site visit at the Monticello Thermo 

Mine outside of Sulphur Springs, Texas. Among the 20-some attendees on March 10, 2020, were 

staff from the SMRD and OSMRE’s Tulsa Field Office, soil scientists from the Natural Resources 

Conservation Service, Luminant (the mine permittee), and city officials from Sulphur Springs. The 

site has an acidic final-cut impoundment and prominent adjacent mound of spoil that shows some 

evidence of acid-forming materials. Discussions addressed reasons why pit water is poor quality 

and possible testing strategies to characterize the chemistry of the spoil mound. Ownership of 

permitted land has been transferred to the city of Sulphur Springs. City officials would like the 

water-filled pit and spoil mound to remain so these features could be developed into an 

entertainment venue. For OSMRE, this visit was a reconnaissance to prepare for an upcoming onsite water-monitoring training session for SMRD personnel. The pandemic put those plans on 

indefinite hold. 

c. National Mine Map Repository 

The National Mine Map Repository (NMMR) was authorized under the former U.S. Bureau of Mines 

and subsequently transferred to OSMRE in the mid-1980s. This repository, located in Pittsburgh, 

Pennsylvania, maintains the only National inventory of mine maps and includes more than 177,000 

abandoned coal and non-coal underground mines from throughout the United States. These maps, and 

the associated information, are used to fulfill customer requests for unique information that can range 

from rare maps for small projects to National collections for large interstate infrastructure projects such 

as high-speed rail or electricity transmission lines. The maps bring great value to any project that 

depends on knowing the subsurface conditions of the earth for infrastructure design or public safety 

projects. Underground voids resulting from past mining have the potential to induce subsidence damage 

to homes, businesses, infrastructure, and to endanger underground miners. NMMR customers include 
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State regulatory and reclamation staff, local government agencies, developers, engineering and mining 

companies, architects, universities, law firms, insurance companies, environmental consultants, 

pollution control boards, realtors, law-enforcement agencies, historical societies, drilling companies, 

and homeowners. The NMMR also provides scanning of mine maps for its clients; these maps are then 

placed into the NMMR archives. Receipts from the sale of maps and charges for NMMR research 

services are minimal and support the program.

The NMMR continues to pursue the acquisition, digitizing, geo-referencing and archiving of mine maps 

located throughout the United States. During FY 2021, OSMRE significantly expanded its collection 

of West Virginia and Missouri mine maps, scanning 551 new mine maps. OSMRE purchased new 

software to reduce scan processing time and expand accessibility of maps in the collection. During FY 

2021, the NMMR received 200 client requests consisting of 1,500 mine maps.

d. Coal Information Management System 

Coal mine operations need a convenient, efficient, and cost-effective method of applying for, and 

monitoring the status of permit applications issued under SMCRA. While some States have fully 

integrated electronic information systems, many, including the Federal Programs administered by 

OSMRE, have not. OSMRE entered into a cooperative agreement with the Montana Department of 

Environmental Quality (MTDEQ) in FY 2018 to upgrade and modernize the Montana and OSMRE 

electronic permitting systems. The effort was undertaken in a manner that provides the ability for other 

States to adopt the system at no or low cost, if they so choose. Under the Coal Information Management 

System (CIMS), mine operators can plan and monitor multiple phases of applications and permits in an 

interactive, geospatial manner not possible with traditional, paper-based applications and processes.

CIMS automates the workflow between operators and regulatory authorities and provides

accountability for all parties at all stages of the review process. The system and individual applications 

are designed so that the SMCRA States, Federal, and potential Tribal regulatory programs have the 

ability to modify the system to fit their unique needs, realizing economies of scale associated with 

system development costs and improved effectiveness through lessons learned during the current effort.

In FY 2018, Release 1 of the electronic permit system (ePermit), an application within the CIMS suite 

of tools, was developed, tested, underwent final development, and was deployed for OSMRE’s Federal 

Programs in the western United States. Release 2 of ePermit was completed in FY 2019, is currently 

operational, and provides enhanced capability to meet the needs of the Federal Programs in the western 

United States and the State of Tennessee. In FY 2021, the Federal version of Coal App, another 

application within CIMS, was successfully developed and implemented in Federal programs. This 

application tracks permitting and enforcement timeframes, issue assignments, and reports on permit, 

bond, and enforcement information.

The next phase of the CIMS project also began in FY 221 with the development of the Inspection and 

Enforcement (I&E) system. I&E provides access to inspection reports, inspection maintenance records, 

inspections requiring follow up, and other information pertaining to mine site inspections. The existing 

I&E legacy database system is not user-friendly, has limited Information Technology support, and 

incorporates limited institutional knowledge. The targeted completion date for the upgrade is early FY 
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2024. A project “kickoff” meeting occurred in June 2021 with the team developing several options that 

incorporate the design objectives of the effort. The team began this process in FY 2022. 

A bond calculation module for CIMS is also under development with the State of Montana. The bond 

calculation module is an engineering software to assist in calculating the performance bonds required 

to ensure successful performance of the reclamation requirements in an approved coal mine permit. A 

performance bond must be submitted prior to permit approval. Once the Montana version of the bond 

calculation module undergoes final testing, the IT code will be modified to reflect bonding methods 

utilized in the Federal programs in the western States and Tennessee. Developing the baseline IT 

requirements for the Montana version of the module are currently under development and are expected 

to be complete by end of FY 2022. Once the Montana-specific version is developed and tested, the 

adaptation needed to create a Federal-program version will begin. 

e. Technical Innovation and Professional Services (TIPS) 

The goal of Technical Innovation and Professional Services (TIPS) is to provide State, Tribal, and 

OSMRE personnel with a comprehensive set of analytical tools to aid in technical decision-making 

related to regulatory and reclamation processes. The services focus on off-the-shelf scientific and 

engineering computer software and technical hardware supported by OSMRE in partnership with the 

States and Tribes. This technical assistance has grown from a few applications available on a single 

specially designed shared workstation, to a suite of software on each user’s desktop computer. TIPS 

hardware is available for loan to States and Tribes to advance reclamation projects Nationwide. 

TIPS is a national program that continues to research and apply emerging technologies to SMCRA 

workflows. Currently, TIPS assistance consists of providing commercial software applications and 

hardware to State, Tribal, and OSMRE offices at considerable cost savings by sharing the commercial 

licenses for the software via the Internet and OSMRE Wide Area Network. The 22 current 

commercially available applications cover a wide range of regulatory and AML subjects to support 

State, Tribal, and OSMRE locations throughout the country. 

The TIPS suite of scientific, hydrologic, and mapping core software aids the technical decision- making 

associated with: (1) permit reviews, (2) performing cumulative hydrologic impact assessments, (3) 

quantifying potential effects of coal mining, (4) preventing acid mine drainage, (5) quantifying 

subsidence impacts, (6) measuring revegetation success, (7) assisting in the design of abandoned mine 

lands projects, and (8) providing the scientific basis for environmental assessments and environmental 

impact statements. 

Demand for TIPS tools and support continues to increase. Mobile computing allows inspectors to be 

more efficient conducting analysis and resolving issues with primacy State staff and industry in the 

field and aids in the permit process and achieving abandoned mine land reclamation goals. 

Examples of TIPS applications and related activities include: 

GeoMine Project (Geographic Information System): GeoMine is an interactive web-based mapping 

application of coal mining and reclamation activities within the United States. It is an ongoing 
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effort to provide the best available data for surface coal mining operations across the country, 

merging data from numerous sources to create standardized, seamless layers that cross State 

boundaries. A new layer and new widget were added to GeoMine in FY 2021: the AML 

Reclamation Award layer, and the EagleView Pictometry widget. The new layer located and 

highlights outstanding reclamation projects within the SMCRA community. The Pictometry widget 

provides additional high-resolution aerial imagery over certain high-priority mines in the West, 

including those on Indian Lands, several in Utah, and both in Washington. All GeoMine layers, 

consisting of data from State and Federal partners, are publicly available. Additional layers will be 

added in FYs 2022 and 2023 as data becomes available from Federal and State GeoMine partners. 

Satellite Imagery: Due to travel restrictions imposed as a result of the COVID-19 pandemic, mine 

inspector visits to mines were limited during much of FY 2021. OSMRE used satellite imagery to 

support mine reclamation inspections remotely. Satellite images of western mines were accessed 

in 826 sessions in FY 2021. This allowed OSMRE staff to continue to work with States and Tribal 

partners to monitor mine reclamation during times of restricted travel. Satellite imagery will 

continue to be employed in support of inspection activities in FYs 2022 and 2023. 

Geographic Information System (GIS) Mobile Computing: In FY 2021, OSMRE continued to use 

tablets and smartphones that can display and collect geospatial data while at the mine site. The base 

data for the systems comes from GeoMine allowing field personnel to display data along with their 

Global Positioning System (GPS) location. Data collected in the field is synchronized to the GIS 

server and made available to anyone in the OSMRE network via a web map. In FY 2021, nearly 

10,000 acres of bond released acreage in the western States were verified by bond release teams 

employing these mobile geospatial tools. Use of this mobile technology will be augmented in FY 

2022 and 2023 through support and training in new and upgraded software applications. 

Photogrammetry (Cloud-based Data Processing and Ground-Based LiDAR Scanners): In FY 2021, 

OSMRE and its SMCRA partners have successfully utilized photogrammetry software to create 

fully rendered surface models taken from satellites, manned aircraft, unmanned aircraft, and 

ground-based imagery. Cloud-based data processing through the DOI GeoPlatform yields 

efficiencies of server-side processing for large datasets of data and imagery. Ground-based Light 

Detection and Ranging (LiDAR) scanners are also being used in conjunction with these 

photogrammetric models to allow for accurate surface modeling for enforcement and reclamation 

design. In FY 2022 and 2023, more SMCRA States will adopt programs to make greater use of 

these technologies. Ongoing training and support will serve to leverage SMCRA partners’ use of 

these technologies. 

ArcGIS Online: In FY 2021, the ArcGIS Online web mapping system was used by 556 SMCRA 

Program staff, an increase of 105 users (19%). OSMRE anticipates that additional growth in the 

user base will take place in FY 2022 and 2023. 

Photo database: Even as inspector travel was greatly reduced in FY 2021 as a result of the COVID19 pandemic, OSMRE’s work to capture data directly from the field increased. The pandemic 

afforded OSMRE an opportunity to streamline the workflow and give inspectors the ability to use 

one of three different field applications that push the data to the same database. This gave inspectors 
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across all regions the ability to use whichever application they were most comfortable using. In FY 

2021, OSMRE added 7,414 new photos from field staff to the photo database. The design of this 

new database allows for future integration with the OSMRE inspection database and more digital 

photos will be added to the database in FY 2022 and beyond.

f. Applicant Violator System (AVS)

Section 510c of the Surface Mining Control and Reclamation Act (SMCRA) requires all SMCRA 

permit applicants to disclose the ownership and control (O&C) and violation history of all entities 

associated with a proposed mining operation. The State regulatory authorities (SRA) enter this 

ownership and controller information and violation history from the permit applications into the AVS.

The AVS serves as a warehouse of O&C and violation information for each coal mine permit across 

the U.S. 

Prior to issuance of a permit to mine coal, issuance of a significant revision, or authorization of a 

contractor on an AML project, the SRA is required to conduct a background check of the coal company, 

its officers, operators, and other entities meeting the definition of owner or controller prior to issuing a 

permit or approving AML work. Section 510c of the Act states that no applicant will receive a permit 

to mine coal, or conduct AML work, if they have outstanding violations. 

The AVS assists the SRAs with the required background checks to ensure no owner or controller, or 

AML contractor, with unabated violations receives a permit. The AVS produces a report that outlines 

the current O&C information and violation activity for each owner, controller, and/or entity associated 

with a coal mine permit. SRAs then use these evaluations to assist in their determination of coal mining 

permit issuance or denial and authorities to proceed for AML projects.

During FY 2021, the AVS Office processed over 900 requests for data evaluations from State and 

Federal regulatory authorities and State abandoned mine land program officials to assist in identifying 

permit, AML fees, and AML-project eligibility problems.

In FY 2021, the AVS Office also facilitated the collection of $14.6M from entities trying to remedy 

unabated Federal civil penalty and reclamation fee violations tracked in the AVS.

In line with the Department’s intent in pursuing IT efficiencies, the AVS database utilizes Cloud 

infrastructure services acquired from a third-party contractor. In FY 2021, the AVS Office awarded a 

contract to host the AVS data on an Amazon Cloud architecture. The data was successfully migrated 

to an Amazon cloud structure and secures a long-term environment for the AVS to ensure the hosting 

environment meets all Federal and Department IT requirements.

Also, in FY 2021, the AVS Office began the process of modernizing the AVS system. An enhancement 

project in FY 2019 intended to increase the system’s functionality, improve reliability, and correct some 

of the known system issues. While the enhancement project made certain aspects of the AVS more user 

friendly, it has exposed some system functionality issues. A contracting effort to modernize the AVS 

system began in FY 2021 and will continue into FY 2022. The team is developing the contracting 

documents and began the modernization process in early FY 2022. Once awarded, a software 
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development and testing team will be assembled and include OSMRE staff and State users, and the 

selected contractor to develop and test the final AVS product. 

Customers of the AVS Office include State regulatory authorities, the coal industry, citizens groups, 

and other Federal agencies. AVS Office provides services to these stakeholders that include a 

notification process for OSMRE and State regulatory partners in identifying bankruptcies; financial 

analysis of SMCRA actions; assistance in interpreting AVS regulations; updating information in the 

AVS for multi-state coal businesses; providing AVS training to users; and providing investigative 

assistance to regulatory authorities on complex ownership and control issues. 

The AVS Office reviews data contained in the AVS and conducts quality checks of the data contained 

in the database. In FY 2021, a permit latency review was performed of all permits residing in the system 

greater than one year without issuance. A total of 596 pending permit applications had a latency of 

more than one year in the AVS. After a review in FY 2021, the following updates were accomplished: 

180 permits were issued; five permit applications were denied; four permit applications were 

terminated; 16 permit applications were withdrawn by request of their companies; 13 

permit applications were deleted from the system; and 378 permit applications are still under review. 

The AVS Office established a bankruptcy tracking process and assists OSMRE Field Offices, State 

regulatory authorities, the Office of the Solicitor and Department of Justice with tracking bankruptcies 

through the legal proceedings. This service provides data and information on permitting, ownership 

and control, major asset investigation, and other legal information to parties involved in the bankruptcy 

process. In FY 2021, the AVS Office tracked 29 active bankruptcies, closed out five cases that emerged 

from the bankruptcy process in some manner, and began tracking 4 new bankruptcies. 

Customer surveys are used to document the responsiveness of AVS services provided to its customers. 

During FY 2021, the AVS Office received a customer satisfaction rating of 97 percent with a returned 

survey rate of 51 percent. OSMRE attributes the high 97 percent customer service rating to a shared 

conviction by all AVS staff that responding to customers’ needs in a timely manner is a high priority. 

Technical Training 

Technical Training provides OSMRE, State, and Tribal staff the necessary information and skills to 

implement the surface mining reclamation and enforcement program. This request includes $3,250,000 and 

26 FTE for this program activity. 

a. National Technical Training Program 

OSMRE established the National Technical Training Program (NTTP) in 1985, recognizing the need 

for an ongoing educational program to increase the technical competence and professionalism of 

Federal, State, and Tribal personnel. Examples of the training the program provides covers topics such 

as dangerous highwalls, permit approval, bond release, training for new instructors, and reclamation 

and enforcement. In addition, the training serves to build and update technical expertise and fosters a 

consistent application of standards. Training is provided in each of the disciplines involved in the 
Technology Development and Transfer 

Office of Surface Mining Reclamation and Enforcement 91

implementation of SMCRA, which include chemistry, geology, engineering, hydrology, blasting, 

agronomy, and botany. 

 All aspects of the program, from identification of needs through course design and presentation, are 

cooperative efforts of State, Tribal, and OSMRE offices. There is an economy of scale achieved by 

pooling State and Federal resources, which allows instruction in a wide variety of subjects each year 

for supporting State, Tribal, and OSMRE programs. 

Meeting Specific Needs of Mining and Reclamation Staff through Special Sessions: OSMRE hosts 

special training sessions in response to requests from State regulatory and reclamation staff in addition 

to its regularly scheduled NTTP courses. These special sessions leverage local training facilities and 

sites, where State, Tribal, and OSMRE offices identify an increased need for training in a specific 

course curriculum. 

Course Enhancements: NTTP consistently updates course curriculum and presentation materials to 

capture changes and advances that occur in field operations over time. For example, NTTP recently 

updated the Erosion and Sediment Control course, including Appalachian Region Reforestation 

Initiative (ARRI) updates and West Wind sections information on water and sediment movement 

dynamics in a pond. The curriculum updates also included new information on how to describe the 

crucial factors affecting water and wind erosion and how to properly evaluate and discuss these impacts 

using case studies of erosion, sediment control, and prevention techniques. 

The Historical and Archaeological Resources course was consolidated to an online 2-day course, 

including updates to the description and applicability of the National Historic Preservation Act. NTTP 

is planning upcoming revisions for the Applied Engineering Principles, Wetlands Awareness, Coalfield 

Communications, SMCRA/Endangered Species Act, Bonding: Cost Estimation, Permitting Hydrology, 

Permit Findings, and Advanced Blasting courses. NTTP also plans to develop new online courses in 

FY 2022; Effective Writing, Underground Mining Technology, Soils and Revegetation, Instructor 

Training Course, Applied Engineering, Subsidence, Dangerous Openings, and Advanced Blasting. 

These online course offerings will supplement the in-person course offerings as part of a more flexible 

and robust training schedule. 

Annual Program Planning to Identify Training Needs: Each spring, OSMRE conducts a Training Needs 

Survey for the upcoming fiscal year to determine the training needs of the State and Tribal and OSMRE 

regulatory and reclamation staff. NTTP analyzes the annual survey results to determine if there is 

sufficient interest to justify a course and how many course sessions are needed. Students are assigned 

to classes closest to their office to minimize travel costs and provide students with field experience, 

most like their geographic working conditions. The number of requests for courses usually exceeds the 

number that NTTP can offer. To address changing on-the-ground needs, NTTP staff continues to work 

with offices to meet subject-specific needs that arise after the annual needs survey. To assure that 

students receive the latest technical and programmatic information, NTTP continually reviews courses 

based on student, supervisor, and instructor feedback and revises or adds courses accordingly in 

consultation with the NTTP/TIPS Steering Committee. 
Technology Development and Transfer 

Office of Surface Mining Reclamation and Enforcement 92

Plans for FYs 2022 and 2023: NTTP continued to receive requests for training spaces in FY 2022 and 

anticipates it will receive additional requests for special sessions in upcoming years. OSMRE developed 

eight online courses to address training needs during the COVID-19 pandemic and has plans to design, 

develop, and deliver eight additional online courses in FY 2022. 

b. TIPS Software Application Training 

The tools that TIPS provides to State, Tribal, and Federal offices ensure that all agencies with SMCRA 

responsibilities are using the same advanced software and hardware tools to conduct the business 

required by the Act. TIPS offers more than just software and hardware; the program also provides 

specialized training to use these tools in mining and reclamation. The TIPS Training Program is a 

collaborative effort among OSMRE, States, and Tribes. Course developers and instructors are 

reclamation experts who use TIPS software to solve a wide range of complex permitting, enforcement 

and abandoned mine land problems. Although most of TIPS tools are off-the-shelf applications, TIPS 

training is tailored exclusively to mining and reclamation uses. TIPS courses are delivered on-line, onsite at the customer’s request, and in training centers located in OSMRE’s offices in Alton, Illinois, 

Pittsburgh, Pennsylvania, and at vendor training centers in Denver, Colorado. 

In FY 2021, the TIPS training program received a customer satisfaction rating of 98 percent, exceeding 

the annual GPRA goal of 96 percent. No in-person instructor-led classes were conducted in FY 2021 

due to COVID-19 pandemic restrictions. However, 33 virtual instructor-led classes were held in FY 

2021, with 410 students completing class sessions. TIPS training reports shows a 206% increase of 

students trained over the previous year, despite the travel restrictions due to COVID-19. 100% of 

students trained completed an on-line TIPS course. The number of State personnel trained increased by 

60% in FY 2021, with 30 States being served. 

In FY 2021, TIPS offered professional development opportunities for the OSMRE (NTTP and TIPS) 

Training teams to increase the skills and knowledge of instructors, course development support, and 

virtual producers for both in-person and on-line environments by hosting a series of professional 

development opportunities including three Virtual Instructor Training Courses and two virtual 

roundtables. 

For FY 2022, OSMRE plans to hold 36 TIPS in-person and virtual instructor-led courses, including 

five pilot offerings for new courses. These classes will be a mixture of vendor hosted and TIPS 

instructor facilitated courses. During the first quarter of FY 2022, a needs assessment was conducted 

to determine additional courses and services to be developed for launch in late FY 2022 into 2023. 

While traditional TIPS courses are facilitated by an instructor in a traditional classroom, the TIPS 

Training Program has successfully expanded its on-line opportunities utilizing a platform easily 

accessible to State and Tribal customers. In FY 2022, TIPS will offer Training by Request to provide 

“just-in-time" training resources for our customers. In FY 2022, TIPS will continue to educate its 

instructors on techniques to teach in an on-line environment by hosting a series of professional 

development opportunities, including a Virtual Instructor Training Course. 

c. Regional/Site-Specific Training 
Technology Development and Transfer 

Office of Surface Mining Reclamation and Enforcement 93

OSMRE conducts courses and workshops at OSMRE, State and Tribal locations to address specific 

needs. OSMRE provides specific, on-the-job training on topics such as technical software applications, 

field equipment, blasting certificate update training, grants management, how to prepare and/or process 

State program amendments, GIS data collection, performance bond cost estimation, and conducting 

AML project design. OSMRE provides these classes on short notice, usually within 1 to 3 months of 

request, and tailors them to the specific needs of the audience. Examples of such tailored training 

include: 

Statewide Blaster Training: In FY 2021, Kentucky, New York and West Virginia received 

specialized on-line blasting training for over 60 inspectors. Until recently, designated blasting 

specialists conducted all blasting inspections. States have transferred these duties to the general 

inspection staff to manage dwindling resources. The OSMRE-developed State specific training 

ensures that the inspectors have the knowledge and tools to effectively regulate the blasting aspects 

of coal mining. The classes were delivered weekly at each of the State’s regional offices over a 

period of three months to ensure that required inspections frequencies were not impacted by 

training attendance. 

Periodic NEPA Training: The Charleston Field Office provides periodic NEPA training to the 

Virginia Energy Division of Mine Land Repurposing for environmental assessment preparation 

pertaining to AML reclamation and AMLER projects. 

Site-specific classes allow State, Tribal, and OSMRE managers to respond quickly to changing 

technology and workforce. Although OSMRE significantly reduced its site-specific course offerings in 

FY 2021 due to the COVID-19 pandemic, these type courses will resume as soon as conditions allow. 

As industry and governments continue to develop new technologies in photogrammetry and terrestrial 

scanning, OSMRE expects that requests for specialized training will increase over the next few fiscal 

years. As the varying programs acquire their own systems in these fields, training on operation, data 

collection, processing and using the results in enforcement processes will be essential to the efficient 

enforcement of SMCRA requirements. 

Technology Transfer 

Technology Transfer is an integral component of OSMRE’s Environmental Restoration and Environmental 

Protection business lines, providing essential support to State and Tribal programs. This request includes 

$3,328,000 and 12 FTE for these activities. State technical representatives meet frequently with OSMRE 

regional staff to share resources whenever practicable to resolve regional technical issues. Due to the 

COVID-19 pandemic, activities during FY 2021 were limited to teleconferences and virtual meetings and 

conferences. As recovery from the pandemic moves forward, OSMRE will sponsor and participate in both 

virtual and face-to-face interactive technical forums, computer applications workshops, and technical 

seminars to address mining and reclamation environmental issues. OSMRE partners with the States, Tribes 

and industry to develop technology transfer priorities 
Technology Development and Transfer 

Office of Surface Mining Reclamation and Enforcement 94

The OSMRE national and regional technology transfer teams evaluate initiatives to encourage networking 

and information sharing that will result in program improvement or enhancement. OSMRE’s Technology 

Transfer activities bring a new approach to nationwide cooperation and customer service. These activities 

encourage the timely and efficient use of natural resources while protecting the environment. 

In addition to activities between OSMRE and States, Tribes and industry, OSMRE has extended 

Technology Transfer opportunities to other Federal agencies, in particular the MSHA. When seats are 

available in OSMRE training classes they have been made available to MSHA. When applicable, OSMRE 

also informs MSHA representatives of funded Applied Science projects, invites their participation in site 

and laboratory visits, and asks for their comments regarding conduct and results of these studies. 

a. Technology Development 

One of OSMRE’s missions is to advance and transfer technologies that will improve the effectiveness 

and efficiency of the science of mine land reclamation. Advancement of this technology will result in 

better mining and reclamation practices and provide for better science-based decision-making. OSMRE 

will continue to advance technologies and practices specific to coal mine sites for more comprehensive 

ecosystem restoration, including reforestation and reclamation using native vegetation and plant 

habitat. 

A significant component of Technology Development is the OSMRE Applied Science Program. During 

FY 2021 the National Technology Transfer Team (NTTT), which administers the Applied Science 

Program, working with Grants Specialists, executed cooperative agreements for eight projects selected 

for funding in response to a Notice of Funding Opportunity (NOFO) issued in FY 2020. These projects 

are currently underway. The NTTT issued another NOFO in FY 2021 and is currently awaiting 

proposals. Once received, these proposals will be reviewed and ranked by the NTTT, and the OSMRE 

Executive Council will select projects to be funded in FY 2022. 

b. Technology Transfer and Publication 

Technology Transfer is accomplished through a variety of activities including conducting workshops 

and technical forums; publication of workshop and forum proceedings, handbooks, and other materials; 

maintenance of the OSMRE technical library and various information websites. The COVID-19 

pandemic delayed or cancelled all planned in-person FY 2021 Technology Transfer events but despite 

the challenges of the pandemic, OSMRE staff continued to provide States and Tribes with information 

and Technology Transfer materials. Examples of Technology Transfer activities include: 

Blasting: OSMRE has developed and maintains a series of Excel spreadsheets that provide mine 

inspectors and permit reviewers with the necessary tools to evaluate blasting information. 

• Blast Log Evaluation Program (BLEP): BLEP allows inspectors to evaluate and document 

the general overall wellness of a blaster’s recordkeeping by cross tabulating the data fields 

and visually plotting the results. It is particularly useful when evaluating large blocks of data 

when addressing citizen complaints. 
Technology Development and Transfer 

Office of Surface Mining Reclamation and Enforcement 95

• Blast Induced Vibration Data Evaluation Program (BIVEP): BIVEP statistically 

evaluates blast log, ground vibration and air blast data to determine site specific conditions 

for enhanced vibration control or modified scaled distance compliance. 

• Blast Design Rule of Thumb (BDRT): The BDRT spreadsheet is a blast design tool that 

can be used to quickly design a blast hole or determine if an existing design is within typical 

industry standards and has potential to perform safely and compliantly. 

Reforestation: OSMRE continues its effort to encourage proper reforestation practices to increase 

the amount of mined land reclaimed as healthy, productive forests. The reforestation initiative effort 

has resulted in not only increased use of the Forestry Reclamation Approach (FRA), but also 

technical and policy symposia and a reforestation website to explain the methods and benefits of 

reforestation. The Appalachian Regional Reforestation Initiative (ARRI) team members give 

presentations at professional meetings, and the 33-member Science Team (made up of university 

researchers from across the country and members of the American Bird Conservancy, The 

American Chestnut Foundation, the U.S. Geological Survey, and the U.S. Forest Service) publish 

bulletins on state-of-the-art reforestation practices. The 2020 and 2021 Annual Mine Land 

Reforestation Conferences were cancelled due to the pandemic. Prior to the pandemic, ARRI 

brought together landowners, industry representatives, environmental groups, researchers, 

regulatory personnel, and citizens groups to an Annual Mined Land Reforestation Conference, to 

learn about advancements regarding the use of the FRA to reclaim coal mine sites. The conferences 

will resume when appropriate. In FY 2021, ARRI and partners organized 19 planting events, 

reforesting 778.8 acres, involving professional tree planters and volunteer tree planters. In total, 

394 volunteers helped plant 519,232 trees on post-bond release mine sites across Appalachia. The 

volunteers learned about planting trees using FRA and the positive environmental and economic 

impacts of forests in their State. In addition, the coal industry utilized the FRA on 96.7% of all the 

trees planted in the Appalachian Region. Also, during FY 2021, ARRI staff made four 

presentations, in cooperation with West Virginia State University as part of the “Agritherapy” pilot 

program, offered through and funded by the Veterans Administration. The goal of this program 

was to provide therapy for veterans, with the tool being agriculture; in this case, OSMRE FRA 

practices. The four presentations were made outdoors, with COVID 19 safety protocols in place, 

on April 29, May 29, June 15, and August 24. 

Workshops and Forums: National and regional workshops and forums facilitate the exchange of 

information between technical experts in the mining and reclamation fields, and also communicate 

that knowledge to the wide audience of regulators, citizens and mining company officials. As a 

result of the COVID pandemic, OSMRE has been unable to conduct several events and is working 

to convert these events to virtual formats. OSMRE still plans to hold workshops on issues such as 

bonding, water quality, gas wells in coal mining areas, stream restoration techniques, geomorphic 

reclamation, and protection of endangered species. OSMRE formed a team that is working to 

develop and implement a strategic approach to technology transfer, taking advantage of new and 

emerging technologies in addition to more traditional approaches. In particular, OSMRE is 

currently updating its website and the technology development and transfer web pages will be 

enhanced to include hosting of webinars; providing access to presentations from conferences, 

workshops, forums, and webinars, and marketing upcoming events using various forms of social 
Technology Development and Transfer 

Office of Surface Mining Reclamation and Enforcement 96

media. During FY 2021, OSMRE also initiated a quarterly Technology Development and Transfer 

newsletter to aid in disseminating information regarding new mining and reclamation methods, and 

to aid users in locating information within their areas of interest. 

OSMRE typically participates in several national and regional events that facilitate technology 

transfer annually. However, due to COVID-19 pandemic, the majority of these events were 

cancelled or postponed for FY 2021. OSMRE expects these events will resume to pre-pandemic 

levels, as the situation allows, in FY 2022 and FY 2023. 

Reports, Forums and Workshop Proceedings: OSMRE makes available on their website various 

technical publications. The agency publishes proceedings, reports and event notices in paper copy, 

on CD/DVDs, and over the Internet to reach the widest audience possible. 

Short Courses on Topics in SMCRA: During FY 2021, OSMRE provided condensed virtual classes 

to States on subject matters in subsidence, blasting, hydrology, and underground mining. These 

mini-courses allow subject matter experts to interact with SMCRA Program Offices, share 

expertise, and provide guidance from past projects. 

c. Educational Outreach and Partnership

To make the public and students aware of OSMRE’s responsibilities and to create a conservation 

stewardship legacy, OSMRE staff provides educational outreach to science teachers associations, 

science classes, educational fairs, Earth Day events, career days, foreign visitors, grassroots 

organizations, and professional associations and societies. Due to the COVID pandemic, many of these 

efforts were conducted virtually during FY 2021. Additional outreach is provided through publications 

and distribution of forum proceedings. Outreach efforts will continue in FY 2022, within any limitations 

imposed in response to the COVID-19 pandemic. OSMRE participates in local activities supporting 

such events as college and university seminars, high school career days, and primary grade school 

presentations that provide age-appropriate information and workshops about environmental 

stewardship and promote careers in science, technology, engineering, and math to students across the 

country. These programs provide students access to the top organizations to engage and encourage our 

future workforce. OSMRE’s youth outreach efforts help foster and advance a conservation legacy that 

will serve the Nation for generations. 

University Partnerships: Minority Higher Education Program: OSMRE works to build mutually 

beneficial partnerships with minority serving colleges and universities under the OSMRE Minority 

Higher Education Program (MHEP). OSMRE provides guidance and direction on these projects to 

ensure that the intended results are achieved. OSMRE also collaborates with our MHEP partners on 

training and educational programs. 

In addition to traditional training within the SMCRA community, OSMRE staff regularly attend career 

fairs and National conferences at several Minority Serving Institutions (MSI) including Historically 

Black Colleges/Universities (HBCU) career fairs, and the National conferences of the Hispanic 

Association of Colleges and Universities (HACU), the Minorities in Agriculture, Natural Resources 
Technology Development and Transfer 

Office of Surface Mining Reclamation and Enforcement 97

and Related Sciences (MANRRS), and the Society of American Indian Government Employees 

(SAIGE). 

Internships: OSMRE supports professional environment internships through AmeriCorps on both 

semester and year-term bases. This program yields great benefit for the intern, OSMRE, and the entire 

SMCRA community. For example, during FY 2021, the Charleston Field Office sponsored an 

AmeriCorps Intern who assembled a GIS database of over 600 bat gates that have been installed by the 

WVDEP/AML over the years, and the National Mine Map Repository sponsored an AmeriCorp Intern 

who developed a tool to identify duplicate files in the map database that contains hundreds of thousands 

of files. 
Technology Development and Transfer 

Office of Surface Mining Reclamation and Enforcement 98

TECHNOLOGY DEVELOPMENT AND TRANSFER 

2022 Planned Program Performance 

In FY 2022, planned activities in Technology Development and Transfer include: 

• Provide technical assistance to States and Tribes, making use of emerging technologies for field 

data collection, and in-house information processing capabilities. 

• Continue beta testing and refinement of AMDTreat Software to provide an updated and 

enhancement version of the AMD treatment cost-estimating tool to the SMCRA community and 

the public. 

• Support and substantially contribute to finding and developing domestic sources of critical rare 

earth minerals to meet the Executive Order 13953 dated September 30, 2020. 

• The OSMRE Blaster Certificate Coordinator will continue to coordinate blaster certificate 

activities with State personnel, Federal agencies (MSHA, OSHA, and ATF) and professional 

organizations (International Society of Explosives Engineers, Institute of Makers of Explosives 

and National Fire Protection Association). 

• Support State and Tribe coal reclamation and AML programs with direct technical support. 

OSMRE GIS will continue to support field data collection both internally and with States and 

Tribes by upgrading data collection applications and methodologies so that data collected in the 

field is better used and shared. 

• Continue to expand partnering opportunities for students and recent graduates in science, 

technology, engineering, and mathematics. OSMRE staff plan to participate in virtual or face-toface outreach events at several K-12 grade schools and educational organizations. In FY 2022, 

OSMRE staff will once more participate in the Carnegie Science Center, National Engineer's 

Week and National Chemistry Week in Pittsburgh, PA. OSMRE staff will attend and participate 

in the Junior Achievement Career Fair at the Monroeville Convention Center in Monroeville, PA 

similar to past fiscal years. 

• Develop course materials and topics that are relevant, useful, technically sound and impressive. 

• Issue a solicitation for Applied Science proposals that will help use science-based solutions to 

address mining and reclamation issues, select the best proposals to achieve the highest valued 

outcomes, and continue to track projects to verify value of results. 

• Serve customers needing information from the NMMR. NMMR will continue its outreach efforts 

to better target map collections, enhance its database management systems and coordinate with 

the states’ mapping programs to synchronize efforts. NMMR will also work towards allowing 

digital downloads of the map scans. 

• Continue the AVS modernization effort, to include re-design of the AVS to address its outdated 

IT architecture and programming language. A contract to modernize the AVS is expected in FY 

2022. 
Technology Development and Transfer 

Office of Surface Mining Reclamation and Enforcement 99

2021 Program Accomplishments 

In FY 2021, the major accomplishments in TDT include: 

• Provided blasting technical assistance including: 

o State specific blasting inspection training for over 100 regulatory authority employees 

and continuing education training for over 300 certified blasters across the Nation; 

o Maintenance of the ARblast webpage that continues to be one of the most used OSMRE 

webpages, accounting for 6% of overall traffic; 

o Monthly “Blasting Technical Chat” conference calls with 20 to 25 participants per month 

to discuss blasting technology applications in the field; 

o Facilitation of the Blasting Inspectors Workshop, with participants from seven States; 

o Facilitation of regulatory discussions at the Appalachian Blaster Certification Delegation 

meeting; 

o Instruction of a blaster certification class for the Wyoming DEQ; and 

o Responding to numerous inquiries for technical information and advice from the public, 

States, and other Federal agencies. 

• Enhanced the National Mine Map Repository (NMMR): 

o Added 96 new document numbers to the database consisting of 327 mines; 

o Updated and improved 11,118 mine map entries; and 

o Produced aperture card backups for 6,514 mine maps. 

• Undertook two AVS Office contracting efforts; one to provide a cloud-based hosting environment 

for the AVS, a second to modernize the AVS. The AVS database was successfully migrated to a 

cloud-based hosting environment and is currently undergoing maintenance and enhancements to 

reduce total storage and efficiently utilize existing storage space.

• Completed software development and initial testing for e-permitting, Release 2, which enhances 

the previous software release by incorporating Federal-specific rules for Federal Program States 

and Tribes. 

• Conducted educational outreach opportunities regarding the OSMRE mission, coal mining and 

careers in science, technology, engineering, and mathematics for K-12 students across various 

schools and educational organizations, as local COVID-19 restrictions allowed, throughout the 

country.

• Held monthly Technology Transfer Team calls covering a variety of topics currently impacting 

mining and reclamation practices. Hosted presentations covering these topics at the regional level 

and solicited and reviewed proposals for the Applied Science Program at the national level. 
Technology Development and Transfer 

Office of Surface Mining Reclamation and Enforcement 100

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Financial Management 
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Financial Management 

Office of Surface Mining Reclamation and Enforcement 101

FINANCIAL MANAGEMENT 

Financial Management Budget Request 

(Dollars in Thousands)

2021

Actual

2022

CR 

Fixed 

Costs 

(+/-) 

Internal 

Transfers 

(+/-) 

Program 

Changes 

(+/-) 

2023

Request

Change 

From 

2022

(+/-) 

Regulation and 

Technology 505 505 +17 - +13 535 +30 

Revenue Management 407 407 +12 +9 428 +21 

FTE 1 2 - 2 - 

Grants Financial 

Management 98 98 +5 +4 107 +9

FTE 1 1 - 1 - 

Abandoned Mine 

Reclamation Fund 5,277 5,277 +176 - +708 6,161 +884 

Fee Compliance 5,164 5,164 +172 +204 5,540 +376

FTE 34 28 - 28 - 

Grants Financial 

Management 113 113 +4 +504 621 +508 

FTE 1 1 +4 5 +4

Total, Financial 

Management 5,782 5,782 +193 - +721 6,696 +914 

Total FTE 37 32 - - +4 36 +4
Financial Management 

Office of Surface Mining Reclamation and Enforcement 102

Summary of 2023 Program Changes for Financial Management 

Request Component ($000) FTE 

Replace Hydrocarbon-powered Vehicles with ZEVs +82 - 

Enhanced Grants Financial Management +500 +4

2022 Baseline Capacity +139 - 

TOTAL Program Changes +721 +4

Financial Management provides resources for OSMRE to carry out its responsibilities through fee 

compliance, revenue management and grants management. 

Justification of 2023 Program Changes 

The 2023 budget request for Financial Management is $6,696,000 and 36 FTE, a program change of 

+$721,000 and +4 FTE from the 2022 CR level. 

Zero Emission Vehicle Fleet Conversions (+$82,000) – The 2023 budget includes funding to accelerate 

the conversion of OSMRE’s fleet to zero emission vehicles (ZEVs) and provide charging stations and 

hydrogen fueling stations to support those vehicles and future ZEVs. This conversion will immediately 

reduce the Interior’s contributions to greenhouse gas emissions and dependence upon hydrocarbons. The 

investment in infrastructure will support these new vehicles and ensure charging infrastructure is available 

for subsequent ZEVs. This project is being coordinated across Interior and with other agencies to maximize 

utility of charging and hydrogen fueling stations in areas where multiple agencies operate. The funding 

also supports a small planning and coordination function to effectively deploy the fleet and charging 

infrastructure. 

Enhanced Grants Financial Management (+$500,000/+4 FTE): The 2023 budget provides additional 

resources to effectively manage the increasingly complex workload associated with Federal assistance 

programs, including the AMLER program, the proposed PTPP, as well as the complex coordination and 

oversight responsibilities associated with mandatory transfers to the UMWA Benefit Plans. 

Baseline Capacity (+$139,000): The 2023 budget includes important investments in programs needed to 

help strengthen America and increase competitiveness as the world continues to change. These investments 

include funding needed to maintain a strong, talented workforce and the must pay requirements needed to 

continue to fulfill the OSMRE mission. The budget includes $139,000 in this activity, which reflects the 

incremental amount needed to cover the fixed costs associated with mission operations in FY 2022. This 

request in combination with the FY 2023 fixed costs amounts will allow the program to meet must pay 

requirements without impacting program activities. 
Financial Management 

Office of Surface Mining Reclamation and Enforcement 103

OVERVIEW 

This Financial Management business line provides resources for OSMRE to carry out its financial 

management program responsibilities through three activities: fee compliance, revenue management, and 

grants management. 

• Fee compliance covers the collection, accounting, audit and investment of abandoned mine 

reclamation fees, assistance to operators on compliance matters, and regulatory and policy 

development on fee compliance issues. 

• Grants management includes accounting for, and reporting on, grants awarded to States and 

Tribes for Abandoned Mine Land (AML) and regulatory purposes. 

• Revenue management involves the accounting and collection of revenue other than 

reclamation fees, such as civil penalties assessed under Federal citations for mining violations 

and Federal performance bonds forfeited by coal mine permittees. 

The Financial Management business line also provides for monetary transfers to the United Mine Workers 

of America Fund (UMWAF) health care plans and the 1974 Pension Plan. This involves reviewing the 

annual transfer requests, supporting documentation, actuarial reports, audited financial statements, 

reconciling true-up from prior-year transfers; estimating future interest earnings; preparing various 

budgetary estimates and projections; and planning annual audit procedures to assist in substantiating the 

annual transfers. 

Financial Management operations are an integral part of OSMRE’s Environmental Restoration and 

Environmental Protection mission areas. State and Tribal grant funding (reclamation and regulatory) 

disbursement for the administration of regulatory activities and reclamation cleanup projects is managed 

through this program activity. OSMRE, States, and Tribes fund reclamation project work through the fees 

collected from current mine operators. The funds are provided through annual mandatory grants distributed 

to States and Tribes. The reclamation projects clean up environmental hazards resulting from past mining 

operations that degrade land and water resources. The regulatory grants, which are appropriated annually, 

fund the administration of State regulatory programs that protect people and the environment from adverse 

effects associated with current mining and ensure the land is restored at the conclusion of mining.
Financial Management 

Office of Surface Mining Reclamation and Enforcement 104

Operational Processes (Program Activities): 

OSMRE carries out its program financial 

management responsibilities through three program 

activities: fee compliance; grants management; and 

revenue management. Financial management also 

includes activities to support funding transfers to the 

UMWAF health care plans and the 1974 Pension 

Plan. This business line does not include 

administrative accounting or reporting for 

appropriated funds.

The outcome of OSMRE’s Financial Management 

program performance is measured primarily by the 

success of the Surface Mining Program in carrying out the two major missions of the organization – 

Environmental Restoration and Environmental Protection. The Financial Management business line is an 

integral part and supports accomplishment of both missions. Workload indicators identified for this 

business line include the quarterly fee collection reports and fee collection rate for operators reporting coal 

tonnage, internal audits for fee collection and compliance, and accounting and reporting requirements. 

Actions Required to Achieve Annual Goals: OSMRE uses technology and customer service initiatives 

to achieve compliance and improve processing of collections. This includes using technology to ease the 

coal companies’ reporting burden, receive quarterly coal production reports, provide information to 

companies, and allow companies to make payments online. OSMRE uses new and streamlined collection 

services as they become available and works with customers and stakeholders to ensure fair and consistent 

policies. 

In FYs 2022 and 2023, OSMRE will continue to maintain and improve its Coal Fee Collection Management 

System (CFCMS), which OSMRE uses to process and manage coal reclamation fees, compliance audit 

findings, and civil penalties. OSMRE continually looks for opportunities to automate processes and 

streamline coal operating company reporting through the consolidated coal data reporting system (Single 

Source Coal Reporting System). OSMRE will also continue to support State and Tribal program operations 

through the Grants Management activity. OSMRE has over 272 active grants and cooperative agreements 

with the States and Tribes, accounting for over $978 million. 

Resources, Skills, and Technology Capacity: To support program activities and to assure the collection of 

appropriate fees, OSMRE maintains a highly trained cadre of fee compliance auditors, program 

accountants, and financial systems personnel. OSMRE will use training to ensure that financial 

management personnel maintain a high level of skill and technical expertise. OSMRE will also continue to 

use contractors to handle billing, data entry, and appropriate collection functions. 

The following section details, by program activity, the funding and FTE resources required to meet the 

performance measures. 

FINANCIAL MANAGEMENT 

ENCOMPASSES: 

Fee Compliance 

Grants Management 

Revenue Management 

UMWA Transfers 

• UMW AF Health Care Plans 

• 1974 Pension Plan 
Financial Management 

Office of Surface Mining Reclamation and Enforcement 105

2023 PROGRAM PERFORMANCE 

Fee Compliance 

The fees collected from active coal operators provide the funding used by OSMRE, States and Tribes to 

restore land and water degraded by past mining practices to beneficial uses. OSMRE collects the fee from 

active coal operators based upon tons of coal produced. 

OSMRE’s Fee Compliance Program carries out the Surface Mining Control and Reclamation Act’s 

(SMCRA) requirements to ensure coal operators accurately report coal production and pay appropriate 

reclamation fees. The program goal is to maximize compliance by applying policy and collection 

procedures fairly and consistently at a reasonable cost. This request includes $5,540,000 and 28 FTE for 

the Fee Compliance activity. 

In FY 2021, OSMRE’s Fee Compliance Program achieved a 99.5 percent collection rate resulting in $112.4 

million in total collections. Collections decreased from FY 2020 due to decreased coal production and 

several coal company bankruptcies. By working closely with the industry, the program achieved a 97.4 

percent compliance rate for operators filing their tonnage reports. OSMRE maintained a high percentage of 

permits that filed Coal Reclamation Fee (OSM-1) Reports electronically, at 83.4 percent in FY 2021. 

During FY 2021, OSMRE also processed 83.0 percent of the coal reclamation fee reports automatically, 

and 79.9 percent of payments automatically. 

The Fee Compliance Program is comprised of two integrated components – collections and audits – that 

work hand-in-hand to maximize compliance, minimize the burden on industry, and ensure the efficient use 

of resources. Key initiatives that OSMRE will pursue in FY 2022 include: 

• Maintaining the SSCR system and the CFCMS. 

• Increasing the use of automation in conducting fee compliance audits to further improve 

efficiency. 

a. AML Fee Collection 

The collection component assures the AML Fee payment requirements of SMCRA are applied 

consistently and fairly across the country. In FY 2021, OSMRE collected 99.5 percent of the AML Fees 

due during the year. Total FY 2021 AML Fee collections were $112.4 million. 

To assist in managing AML Fee collections, OSMRE utilizes CFCMS. This computerized system 

provides subsidiary accounts receivable and management information needed to manage the fee 

compliance program. CFCMS is integrated with the AVS to track new permits from initial permitting 

through fee reporting. CFCMS tracks AML fee payments by permit number of producing coal 

companies each quarter. In addition, the system issues quarterly OSM-1 coal reclamation fee reports 

for industry coal sale reporting and fee computation. The reports are available on-line through 

OSMRE’s E-filing website. Permit information is pre-filled and the system automatically calculates the 
Financial Management

Office of Surface Mining Reclamation and Enforcement 106

coal reclamation fees due, based on the data entered by the company. For the permits that are not filed 

on-line, OSMRE mails a paper reporting package.

On average, over 839 permits are reported on OSM-1 reports and processed each quarter. OSMRE uses 

an internet-based system to allow coal companies to file their quarterly coal production reports 

electronically. Companies report that the on-line reporting system saves them time and money. The 

efficiency is evidenced by the fact that 266 companies voluntarily use the E-filing system to report on 

approximately 700 permits and over 94.8 percent of the coal tonnage produced nationwide. The system 

significantly streamlines the reporting process, makes it easier for companies to report on time, reduces 

errors, and makes it easier for OSMRE to follow-up with companies that have not reported. The system 

also allows companies to make payments online, using the Treasury Department’s Pay.Gov payment 

method. This feature saves companies time and wire transfer costs, while providing OSMRE with 

timely information about collections for investment purposes.

OSMRE uses CFCMS to provide the ongoing support for the Fee Compliance Program. The system 

enables OSMRE to manage the fee compliance process, from permit issuance to mining completion.

CFCMS also supports the related financial processes, including fee accounting, payment processing, 

billing, debt collection, and financial and management reporting.

b. AML Fee Audit

SMCRA requires OSMRE to conduct audits to ensure full compliance with the law’s reclamation fee 

requirements, so funds are available for State, Tribal, and Federal reclamation efforts. To meet that 

mandate, the AML Fee Audit program is designed to promote timely and accurate reporting of coal 

tonnage and to ensure correct fee payments. In addition to conducting a comprehensive audit program, 

the audit staff also performs other activities to promote compliance; this includes identifying 

responsible parties for reclamation fee liability on new and transferred permits, providing the 

information and assistance operators need to comply, and taking appropriate enforcement action when 

non-compliance occurs.

Over 70 percent of the audit staff are remote workers, strategically located to be responsive to program 

needs while significantly reducing travel and overhead costs. To ensure quality, audits are performed 

in accordance with Generally Accepted Government Auditing Standards (GAGAS), and the continuing 

professional education and training of OSMRE’s audit staff is conducted in accordance with those 

standards. The audit program maintains an internal control system and monitors it on an ongoing basis 

to provide reasonable assurance that the policies and quality controls are suitably designed and 

effectively applied. GAGAS requires an independent peer review of OSMRE’s audit program every 

three years. The most recent peer review of the audit program issued a final report with a rating of 

“Pass”, the highest possible rating. This is consistent with the audit program’s previous peer review 

results, indicating that OSMRE’s audit function is performed in accordance with professional standards.

The next peer review is scheduled for FY 2023.

With a highly visible and comprehensive audit presence, the small audit staff serves as an effective 

deterrent to noncompliance. To support the program goal of maximizing compliance, OSMRE auditors 

will conduct more than 130 reclamation fee compliance audits in FY 2023. In addition to deterrence, 
Financial Management 

Office of Surface Mining Reclamation and Enforcement 107

audits afford an opportunity to promote up-front compliance by providing direct assistance to the 

industry on accounting and reporting matters needed to meet their reclamation fee responsibilities. For 

example, when instances of non-compliance are identified, the auditors thoroughly explain the issues 

and the corrective actions needed to avoid recurrences. 

Auditors also provide several other services necessary to achieve a high level of compliance. The 

following are a few examples of the work planned for FY 2023 and beyond. 

Increasing audit automation: By using an automated audit package designed and developed inhouse and applying computer techniques to the data gathering, analysis, and reporting function, the 

audit staff has been able to maintain a high compliance level. To further improve efficiency, 

OSMRE will continue to increase the use of computer assisted auditing techniques and work with 

coal companies to increase the use of electronic transaction files in the audit process. 

Examining all permit transactions recorded by regulatory authorities: The audit staff will need to 

review more than 1,000 newly issued coal mining permits and transactions (transfers and 

amendments), which can affect the parties responsible for paying fees. In FY 2021, the staff 

evaluated 1,244 permit transactions. By continuing these efforts, the program provides significant 

assurance that all producing permits are identified in a timely manner, and operators are informed 

of their reporting and payment responsibilities. 

Promoting E-government: OSMRE’s audit staff has been instrumental in the successful 

implementation of various E-government efforts. During FY 2023, the audit staff will continue to 

promote electronic tonnage reporting and fee payment by discussing the benefits of the systems 

and demonstrating how the systems work for companies during audits, as well as, notifying 

OSMRE’s collection staff of those interested in enrolling in E-filing and Pay.Gov. 

Coordinating work with the Internal Revenue Service (IRS): OSMRE will continue working with 

the IRS to ensure that the fee compliance and coal excise tax compliance programs function 

together more efficiently. OSMRE will forward audit results and other relevant information to the 

IRS to promote inter-agency cooperation. Overall, there will be a continued emphasis on improving 

compliance and customer service. 
Financial Management 

Office of Surface Mining Reclamation and Enforcement 108

Table 7 shows annual production in tons and fees collected 

Table 7 – Deposits to the AML Fund and AML Production Fees 

 (Production in Millions of Tons) (Dollars in Millions) 

Production* 2021 

Actuals 

2022

EIA

Projections 

2022 

OSMRE 

Projections 

2023

EIA

Projections 

2023 

OSMRE 

Projections 

Underground 210 276 249 260 235

Surface 289 322 289 286 256

Lignite 48 54 53 49 49

Collections 2021 

Actuals 2022 Projections 2023 Projections 

AML Fees ** $112.4 $92.4 $83.6 

* The projections are based on calendar year (CY) projections made by the Department of 

Energy’s (DOE) Energy Information Administration (EIA) Annual Energy Outlook 2021, 

Reference Case Forecast, Table 65 (Coal Production by Region and Type). OSMRE tonnage 

uses the last reported production (Fiscal Year 2021) and then increases or decreases that value 

based on the percentage increase or decrease in DOE production for each coal type. The 

OSMRE projections are usually lower because AML fees are determined by the weight of the 

coal at the time of initial sale. 

** AML Fees are calculated based on the OSMRE tonnage estimates multiplied by the 

applicable current fee rate: $0.12, $0.28, and $0.08 for underground, surface, and lignite, 

respectively until the end of FY 2021. The calculations are adjusted for moisture content, 

reduced coal prices and fees, administrative fees and uncollectible fee estimates. 

Table 8 provides a summary of the Abandoned Mine Reclamation fund from 1978.
Financial Management 

Office of Surface Mining Reclamation and Enforcement 109

Table 8 – Summary Status of Abandoned Mine Reclamation Fund 

 (Dollars in Thousands) 

Fiscal 

Year 

Receipt 

Amount 

Interest 

Earned 

Cumulative 

Income 

Amount 

Appropriated 

from 

AML Fund Footnote 

Appropriations 

from 

Other Sources 

Transfer To 

UMWAF 

Health 

Benefit 

Plans 

Cumulative 

Appropriated 

Balance

Cumulative 

Unappropriated 

AML Fund 

Balance

1978-99 4,984,248 472,032 5,456,282 3,819,485 /1, /2, /3 17,363 192,886 4,012,370 1,443,912 

2000 274,297 94,369 5,824,949 195,873 /4 108,960 4,317,203 1,507,745 

2001 284,044 103,496 6,212,489 215,038 /5 182,019 4,714,260 1,498,228 

2002 287,066 43,278 6,542,833 203,455 /6 90,179 5,007,894 1,534,939 

2003 282,555 23,620 6,849,007 190,499 /7 89,858 5,288,251 1,560,756 

2004 287,023 45,695 7,181,725 190,591 14,967 5,493,809 1,687,916 

2005 293,604 75,017 7,550,347 188,206 66,533 5,748,548 1,801,798 

2006 302,992 95,687 7,949,025 185,248 59,004 5,992,800 1,956,225 

2007 304,880 105,818 8,359,723 185,393 114,329 6,292,522 2,067,201 

2008 286,272 83,764 8,729,759 139,334 /8 100,394 6,532,251 2,197,508 

2009 272,764 55,465 9,057,988 142,977 /9 61,224 6,736,452 2,321,536 

2010 251,784 55,193 9,364,964 177,502 /10 63,926 6,977,881 2,387,083 

2011 259,935 54,881 9,679,781 185,649 /11 57,246 7,220,777 2,459,004 

2012 249,725 54,789 9,984,295 247,595 /12 48,430 7,516,802 2,467,493 

2013 213,675 36,634 10,234,603 237,544 /13 54,789 7,809,135 2,425,468 

2014 202,872 34,928 10,472,403 206,726 /14 12,359 8,028,220 2,444,183 

2015 197,973 29,426 10,699,802 208,403 /15 31,803 8,268,426 2,431,376 

2016 158,807 32,175 10,890,784 202,356 /16 29,109 8,499,891 2,390,893 

2017 159,499 33,922 11,084,205 171,873 /17 32,140 8,703,904 2,380,301 

2018 155,475 49,236 11,288,916 232,436 /18 46,257 8,982,597 2,306,318 

2019 147,436 59,335 11,495,687 225,420 /19 54,321 9,262,338 2,233,349 

2020 123,261 55,436 11,674,384 161,376 /20 37,132 9,460,846 2,213,538 

2021 112,379 24,316 11,811,079 146,303 /21 29,220 9,636,369 2,174,710 

2022 92,418 9,362 11,820,441 143,148 /22 11,293,000 19,404 9,798,921 13,569,490 

/1 FY 1988 total does not include $7M transferred into the fund by supplemental authority, which does not affect the Unappropriated Balance. 

/2 FY 1994 total includes $7.2M transferred into the fund by supplemental authority, which does not affect the Unappropriated Balance. 

/3 FY 1998 total does not include $3.2M transferred into the fund by supplemental authority, which does not affect the Unappropriated Balance. 

/4 FY 2000 total includes one-time $68M emergency appropriation, as well as the annual appropriation of $41M. 

/5 FY 2001 total includes annual amount of $102.9M, as well as $81.6M of the one-time $96.7M mandated under PL 106-291. 

/6 FY 2002 total includes annual amount of $113.6M, less $23.4M returned by UMWACBF trustees mandated under PL 106-291. 

/7 FY 2003 total includes annual amount of $56M as well as $33.8M mandated under PL108-7.

/8 FY 2008 total includes annual amount of $52M as well as $87.4M mandated under PL 109-432. 

/9 FY 2009 total includes annual amount of $52M as well as $90M mandated under PL 109-432. 

/10 FY 2010 total includes annual amount of $35.5M as well as $141.9M mandated under PL 109-432. 

/11 FY 2011 total includes annual amount of $35.5M as well as $150.1M mandated under PL 109-432. 

/12 FY 2012 total includes annual amount of $27.4M as well as $220.2M mandated under PL 109-432. 

/13 FY 2013 total includes annual amount of $27.4M as well as $210.1M mandated under PL 109-432. 

/14 FY 2014 total includes annual amount of $27.4M as well as $179.3M mandated under PL 109-432. 

/15 FY 2015 total includes annual amount of $27.4M as well as $181.0M mandated under PL 109-432. 

/16 FY 2016 total includes annual amount of $27.3M as well as $175.1M mandated under PL 109-432. 

/17 FY 2017 total includes annual amount of $27.2M as well as $144.7M mandated under PL 109-432. 

/18 FY 2018 total includes annual amount of $24.7M as well as $207.8M mandated under PL 109-432. 

/19 FY 2019 total includes annual amount of $24.7M as well as $200.7M mandated under PL 109-432. 

/20 FY 2020 total includes annual amount of $24.7M as well as $136.7M mandated under PL 109-432. 

/21 FY2021 total includes annual amount of $24.8M as well as $121.5M mandated under PL 109-432. 

/22 FY2022 total includes annual amount of $27.5M as well as $115.7M mandated under PL 109-432. 
Financial Management 

Office of Surface Mining Reclamation and Enforcement 110

Table 8 Notes: 

• Annual figures for FY 1978-1999 are displayed in the FY 2015 Budget Justification, Table 9. 

• FY 2022 figures on this table are estimates. Projected interest is based on known investments earnings that will be 

paid out in FY 2022. 

• AML Fund balances in this table are as of September 30, 2021, and do not include the last two months of the AML fee 

collection cycle (i.e. October 1- November 30). The annual AML Grant distribution tables, published separately, will 

show AML Fund balances that will include the collection of AML fees, interest earned, and transactions through 

November 30, 2021. 

• Although the billing cycle for coal produced ends on September 30th each fiscal year, OSMRE allows an extra two 

months for operators to make payments into the AML Fund. This additional collection time, along with interest 

payments to the UMWA that occurs during this two-month period, accounts for the variation in the AML Fund 

balances shown in Table 8 and the annual AML Grant distribution table. 

• The AML Fund experiences a spike in fee collections during the final two months of the collection cycle and based on 

this consistent trend, OSMRE established protocols beginning in FY 2008 to ensure that State and Tribal AML 

programs receive the maximum amount of benefit from the AML Fund by calculating the annual formula-based AML 

grants after November 30th rather than at the end of the Federal fiscal year. Consequently, the FY 2021 AML Grant 

Distribution reports will vary slightly and include the amounts collected and interest earned in the AML Fund as of 

November 30, 2021, rather than the Federal fiscal year end of September 30, 2021. 

• Sequestered funds are included in the annual amounts appropriated from the AML fund and not part of the 

unappropriated balance. AML Funds sequestered pursuant to 2 USC 901(a) remain unavailable for distribution and 

the statute requires those funds be accounted for in a separate account. 

Grant Financial Management 

This activity accounts for and disburses reclamation and regulatory grants to States and Tribes under 

OSMRE’s Environmental Restoration and Environmental Protection business lines. The Grant Financial 

Management activity includes the disbursement, accounting, reporting, and recovery of grant funds. This 

FY 2023 request includes $728,000 and six (6) FTE for Grant Financial Management. 

The 2006 SMCRA Amendments (Public Law 109-432) made most AML Fund grant activity mandatory, 

and no longer part of OSMRE’s discretionary budget, beginning in FY 2008. Since that time OSMRE has 

calculated grant distribution in accordance with the SMCRA amendments. 

Along with the mandatory AML distributions given to the States, OSMRE also distributes mandatory 

treasury funds to Certified States as part of the grant distribution. More information is provided in the 

Permanent Appropriations section of this document. 

Table 9 on the following page details the AML Unappropriated Balance as of September 30, 2021 by a 

description of its allocation.
Financial Management 

Office of Surface Mining Reclamation and Enforcement 111

Table 9 – AML Unappropriated Balance 

Office Of Surface Mining

AML Unappropriated Balance 

Prepared by the Division of Financial Management

Total Funds to be Allocated:

Description

of Allocation

Balance

as of 10/01/20

LESS: 2020

Appropriation/

Distribution

Less: 2021

Treasury Funds

LESS: 2021

UMWBF Transfer 3/

Post Appr. $

Trans. Balance

Investment Int.

10/01/20-09/30/21

Collections for

10/01/20-9/30/21

Balance

As Of 9/30/21

 Federal Expense 1/ $327,516,818.58 ($50,874,294.00) $0.00 $0.00 $276,642,524.58 $22,518,997.33 $299,161,521.91

Historical Coal 2/ $1,610,523,916.77 ($75,735,938.00) $39,950,099.00 $0.00 $1,574,738,077.77 $33,778,495.99 $1,608,516,573.76

Investment Interest $176,917,329.98 $0.00 $0.00 ($29,220,488.00) $147,696,841.98 $24,315,602.96 $0.00 $172,012,444.94

Total Fed Share 3/ $2,114,958,065.33 ($126,610,232.00) $39,950,099.00 ($29,220,488.00) $1,999,077,444.33 $24,315,602.96 $56,297,493.32 $2,079,690,540.61

Total State Share $98,580,008.02 ($19,692,969.00) ($39,950,099.00) $0.00 $38,936,940.02 $0.00 $56,081,619.56 $95,018,559.58

 Total $2,213,538,073.35 ($146,303,201.00) $0.00 ($29,220,488.00) $2,038,014,384.35 $24,315,602.96 $112,379,112.88 $2,174,709,100.19

 September 30, 2021

$2,174,709,100.19

 2/ The Historical Coal balance is made calculated based on the following: 1) 30% of fees collected increase the balance; 2) the current year mandatory grant distribution

 reduces the balance; and 3) state share funds from certified states are transferred into the Historic Coal share to increase the balance. 

 3/ $29M is the amount transfered at the beginning of FY 2021 to the United Mine Workers Combined Benefit Fund for estimated expenses in FY 2021 and for adjustments to 

 actual expenditures in FY 2019.

 1/ The Federal Expense Allocation is reduced by the annual appropration in addition to the mandatory grant distribution.
Financial Management 

Office of Surface Mining Reclamation and Enforcement 112

Revenue Management 

The FY 2023 budget request includes $428,000 and two (2) FTE for the Revenue Management program 

activity. The Revenue Management activity involves managing a variety of non-fee revenues and 

receivables that come from the agency’s operations. These include the following: 

• Federal civil penalties issued for mining operation violations 

• Bond forfeitures by Federally permitted mining companies 

• Fees for mine permit reviews and administration 

• Other miscellaneous fees and receipts 

Civil penalty collections are used to reclaim post-SMCRA mine sites. During FY 2021, the amount of 

recorded civil penalties increased from FY 2020 (from $6,117,035 to $7,257,448). Four entities account for 

86% of the civil penalties due. 

As the workload associated with collecting civil penalties increases, OSMRE avails itself of all debt 

collection tools. These tools include demand letters, personal contact with the debtor, use of payment 

plans, referral to private collection agencies through the Department of Treasury, litigation through the 

Department of Justice, and referral to the Department of Treasury for payment offset. In accordance with 

the Digital Accountability and Transparency Act of 2014, OSMRE refers civil penalty debt that is more 

than 120 days delinquent to the Department of Treasury for collection. 

The bonds and penalties assessed ensure responsible management practices in the extraction of coal 

resources. Levy of penalties and fees help to ensure operators’ compliance with coal mining regulations 

and ensure the land is restored to beneficial use at the conclusion of mining operations. 

United Mine Workers of America Funds (UMWAF) Transfers 

While not considered a separate OSMRE program activity, the transfers to the United Mine Workers of 

America Funds (UMWAF) Health Benefit Plans and Pension Plan are an integral and important component 

of OSMRE’s SMCRA responsibilities. These transfers provide funding for the unreimbursed health care 

expenses of UMWA retired coal miners and their dependents, and to the 1974 Pension Plan. The process 

involves reviewing the UMWAF annual transfer requests, the annual UMWAF financial statements audit 

reports, and true-up calculations from prior-year transfers. It also entails estimating future interest earnings; 

preparing various budgetary estimates, projections, and transfer requests for funding from the Treasury; 

and planning annual audit procedures to provide reasonable assurance that the transfers conform to the 

authorizing legislation and General Accountability Office principles. 

The Energy Policy Act of 1992 (Section 9722) amended SMCRA to provide for transfers of interest 

earnings from the Abandoned Mine Reclamation Fund to the UMWAF Combined Fund to pay for the 

unreimbursed health benefit expenses of unassigned beneficiaries. The 2006 SMCRA Amendments 

provided for additional funding for certain beneficiaries of the UMWAF 1992 and 1993 Health Benefit 

Plans, from any excess interest earnings and from the Treasury. On May 5, 2017, the Health Benefits for 
Financial Management 

Office of Surface Mining Reclamation and Enforcement 113

Miners Act of 2017 amended SMCRA to provide funding for additional beneficiaries of the UMWAF 1993 

Health Benefit Plan. 

The Bipartisan Miners Act of 2019, enacted on December 20, 2019, further amended SMCRA and 

expanded Federal funds coverage for the Health Benefits of additional beneficiaries whose coverage would 

otherwise be denied or reduced as a result of bankruptcy proceedings commenced in 2018 and 2019. The 

Bipartisan Miners Act also increased the cap on annual Treasury Funds available for payments to certified 

States and Tribes (see Permanent Appropriation section) and for transfers to the UMWA from $490 million 

to $750 million and expanded the use of the Treasury Funds for the 1974 UMWA Pension Plan, in addition 

to the three UMWA Health Benefit Plans listed above. The Bipartisan Miners Act requires that an amount 

equal to the difference between the $750 million cap and the aggregate amount transferred to the certified 

State and Tribes and the UMWA Health Benefit Plans be transferred to the 1974 UMWA Pension Plan and 

specified that the amendments shall apply to fiscal years beginning after September 30, 2016. 

During FYs 2022 and 2023, OSMRE will process the UMWAF transfer requests for the three UMWAF 

health plans, providing funding for an estimated 50,553 beneficiaries, and to the 1974 Pension Plan. 

OSMRE will work with the UMWAF’s external auditors to plan the testing of selected internal controls 

and utilize existing audit work where practical. OSMRE will also continue to use implemented 

recommendations from the DOI Inspector General to provide additional assurances that transfers conform 

to the authorizing legislation. The transfer requests for FYs 2021, 2022 and 2023 are outlined in Table 10 

below. 

Table 10 – UMWA Transfer Requests 

Fiscal Year Transfer Amounts 

(Dollars in Millions) 

Health Benefit Plan / 

Pension Plan 2021 Actual 2022 Projected 2023 Projected 

Combined Fund, including the 

Reachback Provision 

$40.3 $31.0 $40.1 

1992 Plan $72.2 $39.4 $69.3 

1993 Plan $304.9 $280.2 $313.3 

1974 UMWA Pension Plan $322.2 $381.3 $381.3 

Total – All Plans $739.6 $732.3 $804.0 

Funding Sources 2021 Actual 2022 Projected 2023 Projected

• AML Fund Interest $29.2 $19.4 $82.4 

• Treasury Funds $710.4 $712.9 $721.6 
Financial Management 

Office of Surface Mining Reclamation and Enforcement 114

FINANCIAL MANGEMENT 

2022 Planned Program 

In FY 2022, OSMRE will maintain a high rate of fee compliance. To help ensure that results continue to 

be achieved efficiently, OSMRE will: 

• Look for opportunities to create efficiencies in the fee accounting and collection processes. 

• Continue to promote electronic payments and E-filing. 

• Continue to support the financing and accounting of the AML and Regulation and Technology 

Grants to States and Tribes. 

• Process transfer requests from the UMWAF totaling $331.3 million to provide funding of 

unreimbursed health care expenses for an estimated 50,553 coal miners and their dependents.

• Process a transfer of approximately $382 million to the 1974 Pension Plan. 

• Continue to analyze the reasonableness of the UMWAF health care plan transfers and work 

closely with the Pension Benefit Guarantee Corporation to review supporting documents from the 

UMWAF over the 1974 Pension Plan transfer. 

2021 Program Accomplishments 

In FY 2021, the major accomplishments in the Financial Management program activity include: 

• Collected $112.4 million in coal reclamation fees resulting in a collection rate of 99.5 percent on 

quarterly coal reclamation fees.

• Maintained an E-filing enrollment rate of 83.4 percent of the active reporting permits, which are 

reported electronically through OSMRE’s internet-based reporting system. 

• Processed automatically 79.9 percent of quarterly fee payments, or 1,628 fee payments.

• Processed automatically 83.0 percent of coal reclamation fee reports. 

• Analyzed investment opportunities to maximize earnings on the Abandoned Mine Reclamation 

Fund. 

• Processed transfers to the UMWAF Health Care Plans and 1974 Pension Plan totaling $739.6 

million and provided funding of unreimbursed health care expenses for an estimated 53,654 

retired coal miners and their dependents.

• Implemented the American Miner Benefits Improvement Act which further provides health 

benefits to additional miners of the 1993 Benefit Plan. 

• Analyzed and implemented, as appropriate, the Office of the Inspector General recommendations 

to improve the oversight of the UMWAF transfer process that resulted in the final closure of the 

remaining corrective actions.
Financial Management 

Office of Surface Mining Reclamation and Enforcement 115

• Supported the successful migration from Prism for Grants to Grant Solutions.

• Worked closely with the UMWAF to implement a new five-year Memorandum of Understanding 

(MOU) between the UMWAF and OSMRE, ensuring that both parties have policies and 

procedures in place to successfully complete the transfers.

• Successfully implemented additional safety protocols and controls to enabled onsite mission 

critical audits to be conducted.

• Deployed a new web-based Audit Information Management System, which provides valuable 

information to manage audit resources, by utilizing existing framework, accomplishing agency 

objectives of saving over a hundred thousand dollars and consolidating existing systems. 
Financial Management 

Office of Surface Mining Reclamation and Enforcement 116

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TAB

Executive Direction & 

Administration 
Page Intentionally Left Blank
Executive Direction and Administration 

Office of Surface Mining Reclamation and Enforcement 117

EXECUTIVE DIRECTION AND 

ADMINISTRATION 

Executive Direction and Administration Budget Request 

(Dollars in Thousands)

2021

Actual

2022

CR 

Fixed 

Costs 

(+/-) 

Internal 

Transfers 

(+/-) 

Program 

Changes 

(+/-) 

2023

Request

Change 

From 

2022

 (+/-) 

Regulation and 

Technology 13,936 13,936 +345 - +1,559 15,840 +1,904 

Executive Direction 2,054 2,054 +85 +202 2,341 +287 

FTE 17 15 +1 16 +1

Administrative Support 3,663 3,663 +171 +260 4,094 +431 

FTE 27 30 +1 31 +1

General Services 8,219 8,219 +89 +1,097 9,405 +1,186 

FTE - - 

Abandoned Mine 

Reclamation Fund 6,466 6,466 -343 - +401 6,524 +58 

Executive Direction 910 910 +44 +97 1,051 +141 

FTE 8 7 - 7 - 

Administrative Support 1,888 1,888 +86 +123 2,097 +209 

FTE 15 14 - 14 - 

General Services 3,668 3,668 -473 +181 3,376 -292

FTE - - 

Total, Executive 

Direction 20,402 20,402 +2 - +1,960 22,364 +1,962 

Total FTE 67 66 - - +2 68 +2

Fixed Costs changes include increases for pay related items as well as changes in worker’s compensation, 

DOI working capital fund, and GSA rental rates.
Executive Direction and Administration 

Office of Surface Mining Reclamation and Enforcement 118

Summary of 2022 Program Changes for Executive Direction and Administration 

Request Component ($000) FTE 

Build Zero Emission Vehicle Infrastructure +267 - 

Enhance Diversity, Equity, Inclusion, and Accessibility +200 +1

Restructure Division of Acquisition +185 +1

2022 Baseline Capacity +1,308 - 

TOTAL Program Changes +1,960 +2

The Executive Direction and Administration business line provides leadership, policy, program 

management guidance, and support for all areas of responsibility for OSMRE. 

Justification of 2023 Program Changes 

The 2023 budget request for Executive Direction and Administration is $22,364,000 and 68 FTE, a program 

change of +$1,960,000 and +2 FTE from the 2022 CR. 

Zero Emission Vehicle Fleet Conversions (+$267,000) – The 2023 budget includes funding to accelerate 

the conversion of OSMRE’s fleet to zero emission vehicles (ZEVs) and provide charging stations and 

hydrogen fueling stations to support those vehicles and future ZEVs. This conversion will immediately 

reduce the Interior’s contributions to greenhouse gas emissions and dependence upon hydrocarbons. The 

investment in infrastructure will support these new vehicles and ensure charging infrastructure is available 

for subsequent ZEVs. This project is being coordinated across Interior and with other agencies to maximize 

utility of charging and hydrogen fueling stations in areas where multiple agencies operate. The funding 

also supports a small planning and coordination function to effectively deploy the fleet and charging 

infrastructure. 

Enhance Diversity, Equity, Inclusion and Accessibility (+$200,000/+1 FTE): The budget includes 

$200,000 as part of a Departmentwide Diversity, Equity, Inclusion, and Accessibility budget initiative to 

address high priority needs in support of Executive Order 13985, Advancing Racial Equity and Support for 

Underserved Communities through the Federal Government, and Executive Order 13988, Preventing and 

Combating Discrimination on the Basis of Gender Identity and Sexual Orientation. As part of this initiative, 

the Department, bureaus, and offices will jointly conduct a review of the Diversity, Equity, Inclusion and 

Accessibility program across Interior to identify gaps, challenges, best practices and examine Department 

and bureau/office roles, responsibilities, and governance. This program change was included in the 2022 

President’s request. 

Restructure Division of Acquisition (+$185,000/+1 FTE): OSMRE has restructured its acquisition 

management structure to streamline coordination and provide a direct line of supervision in accordance 

with DOI procurement governing guidance. The requested funds support the restructure and enhance the 

ability to implement strategic program activities. The request includes one new FTE to streamline the 

acquisition processes, create efficiencies, and improve compliance with pre- and post-award acquisition 

processes by centralizing required contracting officer representative work into a single, expertly trained, 
Executive Direction and Administration 

Office of Surface Mining Reclamation and Enforcement 119

position supervised by the Bureau Procurement Chief. This program change was included in the 2022 

President’s request. 

Baseline Capacity (+$1,308,000): The 2023 budget includes important investments in programs needed to 

help strengthen America and increase competitiveness as the world continues to change. These investments 

include funding needed to maintain a strong, talented workforce and the must pay requirements needed to 

continue to fulfill the OSMRE mission. The budget includes $1.31 million in this activity, which reflects 

the incremental amount needed to cover the fixed costs associated with mission operations in FY 2022. 

This request in combination with the FY 2023 fixed costs amounts will allow the program to meet must 

pay requirements without impacting program activities. 
Executive Direction and Administration 

Office of Surface Mining Reclamation and Enforcement 120

OVERVIEW 

The Executive Direction and Administration business line supports all the bureau’s programs. This business 

line includes the Director’s Office and staff offices, information technology, administration, human 

resources, and internal financial management for the organization. Executive Direction and Administration 

provides internal executive direction and administrative support to programs, regions, and field offices 

through the development and coordination of agency policy, budget, plans, and other guidance documents. 

Additionally, Executive Direction and Administration also oversees the implementation of Departmental 

and Administration initiatives in the Bureau. 

The responsibilities for Executive Direction and Administration are accomplished through the efficient and 

effective operations of the two mission-critical bureau business lines (Environmental Restoration and 

Environmental Protection) and the two business lines providing support functions (Technology 

Development and Transfer and Financial Management). The Executive Direction and Administration 

business line supports the DOI’s strategic goals by providing the required leadership and administrative 

support functions for OSMRE programs. 

Operational Processes (Program 

Activities): The funding request for this 

business line is to support the activities of 

Executive Direction, Administrative 

Support, and General Services. Executive 

Direction, which includes the immediate 

office of the Director, provides executive 

leadership and policy direction for the 

Bureau. Administrative Support provides 

all of the support services for day-to-day 

operations, including human resources 

information technology, procurement, and 

finance and accounting. General Services 

funds bureau-wide fixed costs such as 

office space, telephones, unemployment 

compensation, IT general support, 

regulation, publication, background 

investigations and other Department-wide 

fixed costs assessed to OSMRE. 

The performance of the Executive 

Direction and Administration business line’s activities is an integral component of OSMRE’s 

Environmental Restoration and Environmental Protection mission; and the Technology Development and 

Transfer and Financial Management support functions. 

Program performance will be measured by the success of OSMRE in carrying out the environmental 

restoration and protection missions and through OSMRE’s contribution to Departmental initiatives and 

high priority goals. 

EXECUTIVE DIRECTION AND 

ADMINISTRATION 

ENCOMPASSES: 

Executive Direction

• Director’s Office 

• Staff Offices under the Director 

o Office for Equal Opportunity 

o Office of Communications 

o Office of Planning, Analysis, and Budget 

o Information Resources Office 

Administrative Support 

• Staff Offices under the Director 

o Office of Human Resources 

o Office of Administration 

• Acquisition Management 

• Financial Management 

• Information Management & Technology 

General Services 
Executive Direction and Administration

Office of Surface Mining Reclamation and Enforcement 121

Actions Required to Achieve Annual Goals: OSMRE continuously monitors its programs for 

management efficiencies and savings.

Resources, Skills, and Technology Needed: OSMRE and its State and Tribal partners will continue to 

need a diverse and multi-disciplinary cadre of personnel to accomplish the mission and goals of SMCRA.

These personnel will guide OSMRE through technical and policy decisions to ensure that coal-mining 

activities, including post-mining reclamation, are carried out in such a manner that the safety and health of 

coalfield citizens is protected, and the environment is not degraded.

FY 2023 Budget Request: The request includes $22.3 million for Executive Direction and Administration 

activities. Of this total, $3.4 million will be used to provide executive direction and effective policy 

guidance for the overall program and liaison efforts with States, Tribes, coalfield citizens, Congress, and 

other Federal agencies. Administrative support and services for OSMRE will require $6.1 million, and basic 

bureau-wide fixed costs in general services will cost $12.8 million.
Executive Direction and Administration 

Office of Surface Mining Reclamation and Enforcement 122

2023 PROGRAM PERFORMANCE 

Executive Direction 

This activity provides executive direction and leadership, and policy and program management guidance 

for all areas of responsibility for OSMRE. The Executive Direction activity includes the salaries and 

operating expenses for the Office of the Director and four immediate staff offices, which include Equal 

Opportunity; Communications; Planning, Analysis, and Budget; and the Information Resources Office. The 

request includes $3,392,000and 23 FTE for Executive Direction. 

a. Office of the Director (DIR) 

The Director of OSMRE, a Senate-confirmed position, is the Chief Executive. The Director provides 

the leadership and direction of OSMRE activities as required under SMCRA. The Director’s primary 

objectives are to aggressively pursue the reclamation of abandoned mine lands (AML) and to prevent 

environmental problems in the coalfields during active mining by working collaboratively with the 

State regulatory agencies and other agencies with a role to play in the process. OSMRE makes every 

effort to ensure full public participation in the development and implementation of its regulatory 

responsibilities. An extensive outreach approach stimulates a more cooperative partnership not only 

with OSMRE’s regulatory partners, but with other stakeholders as well, resulting in efficient and more 

effective implementation of the objectives of SMCRA. 

In FYs 2022 and 2023, OSMRE will continue outreach efforts, which promote public participation in 

policy making. The arena for such participation includes public meetings on proposed rulemakings and 

conferences, which promote discussion and exchange of information on the current state of the coal 

industry. OSMRE will continue to take positive steps to collaborate with States, Tribes, citizens, other 

stakeholders, and industry and encourage their participation. 

The Deputy Director is OSMRE’s Chief Operating Executive. The Deputy Director provides direct 

supervision for the business operations of the Bureau to the staff offices, as well as executive leadership 

to the other programs and offices. 

b. Office for Equal Opportunity (OEO) 

The Office for Equal Opportunity (OEO) is responsible for promoting equal employment opportunities 

for all OSMRE employees. The staff advises and assists the OSMRE Director in carrying out 

responsibilities relative to Titles VI and VII of the Civil Rights Act of 1964, as amended; the Age 

Discrimination in Employment Act of 1967; the Rehabilitation Act of 1973; as well as Executive 

Orders, regulatory guidelines, and other nondiscrimination laws within the Federal Government. The 

Office: 

• Provides leadership, direction, and policy guidance for Equal Employment Opportunity (EEO) 

Program development; 

• Provides for the prompt, fair, and impartial processing of complaints of discrimination; 
Executive Direction and Administration 

Office of Surface Mining Reclamation and Enforcement 123

• Provides technical assistance and advice to employees and managers on all equal opportunity 

issues; 

• Communicates equal employment opportunity policy and program and its employment need to 

all sources of job candidates without regard to race, color, religion, sex, national origin, age or 

handicap; 

• Ensures that a reasonable accommodation program is in place and is implemented in a fair and 

timely manner; 

• Ensures that an alternative dispute resolution program is available for both the pre- complaint 

process and the formal complaint process; 

• Develops, monitors, and evaluates EEOC MD-715 Affirmative Employment Program Plans to 

promote equal employment opportunities; 

• Conducts studies on systemic employment problems, assesses the effect of policies and 

practices on equal employment, identifies employment barriers, recommends solutions, and 

develops written guidance for management; and 

• Maintains a Civil Rights Complaints and Compliance program for federally assisted and 

conducted programs. 

In addition, OEO is responsible for providing Special Emphasis programs and assisting the Bureau in 

creating a model equal employment program which ensures that all OSMRE employees and applicants 

for employment have equal access. It is responsible for implementing initiatives in response to 

Presidential Executive Orders, which provide for agencies to work more closely with HBCUs, Hispanic 

Serving Institutions and Tribal Colleges and Universities in an effort to enhance opportunities for 

minority serving institutions to participate and benefit from programs related to surface coal mining 

and reclamation activities. 

c. Office of Communications (OC) 

The Office of Communications (OC) provides information about OSMRE programs and policies to a 

wide variety of stakeholders, including the public, Congress, state regulatory agencies, citizen groups, 

the coal industry, and the media. The information is distributed through digital platforms such as the 

OSMRE website, social media, video, and traditional printed materials. The OC also administers 

OSMRE’s annual reclamation awards that recognize excellence in reclaiming active and abandoned 

mines. 

OC plans, coordinates, produces, and distributes the following products: 

• Congressional Testimony 

• Exhibits 

• Fact Sheets 

• News Releases 

• Reports 

• Publications 

• Stakeholder Outreach 

• Video 

• Web and Social Media Content 
Executive Direction and Administration 

Office of Surface Mining Reclamation and Enforcement 124

d. Office of Planning, Analysis and Budget (OPAB) 

The Office of Planning, Analysis and Budget (OPAB) performs nationwide planning, program analysis, 

and budget administration for OSMRE. OPAB coordinates efforts to promote compliance with major 

management legislation including the Government Performance and Results Act of 1993, Government 

Performance and Results Modernization Act of 2010, the Foundations for Evidence-Based 

Policymaking Act of 2018, the Federal Managers Financial Integrity Act of 1982, the Antideficiency 

Act, and the Congressional Budget and Impoundment Control Act of 1974, along with supporting 

direction such as OMB Circulars A-11 and A-123. OPAB also serves as the liaison with the DOI 

Inspector General, the General Accountability Office, and the Department in response to audit reports. 

The Office: 

• Supports the development of OSMRE’s and DOI’s strategic plans; 

• Collects, reviews, and reports annual regulatory and reclamation program accomplishment data; 

• Carries out formulation, presentation, and execution of OSMRE’s budget; 

• Coordinates internal control and other program assessment reviews, in accordance with 

Executive Orders and Departmental initiatives; and, 

• Coordinates OSMRE’s responses to audits and tracks all finding throughout the process of 

resolution and implementation. 

e. Information Resources Office (IRO) 

The Information Resources Office (IRO) provides Information Management and Technology (IMT) 

services to OSMRE. The IRO provides advice and assistance to the Director, Deputy Director, and 

other senior OSMRE managers to ensure that information technology is acquired, utilized, and 

managed in a manner that is consistent with applicable policies, regulations, and industry best practices. 

IRO’s major functions include: 

• Providing advice and assistance to management and employees on IMT policy, applicable laws, 

regulations, and directives; 

• Maintaining a management framework for and coordinating OSMRE’s nationwide IMT capital 

planning and investment control activities, including approval of IMT expenditures within 

OSMRE; 

• Developing and implementing IMT strategic planning to ensure that all OSMRE information 

systems are administered and developed in accordance with policies, long-range systems, and 

strategic planning; 

• Managing OSMRE’s General Support System and Information Security program in support of 

OSMRE’s SMCRA mission; 

• Providing Information Resources Management-related support to OSMRE’s system owners to 

include information system security support; and 
Executive Direction and Administration 

Office of Surface Mining Reclamation and Enforcement 125

• Ensuring integrity of IMT systems and databases through cybersecurity programs. 

In addition, the IRO manages all aspects of OSMRE’s information management flow to ensure 

government transparency, accuracy, and responsiveness to information requests. OSMRE continues to 

develop a comprehensive information management capability that includes meeting the requirements 

for a responsive and compliant Privacy Act Program, awareness and loss-mitigation strategy, 

responding to Freedom of Information Act requests, and a Records Management Program compliant 

with the Federal Records Act. 

Administrative Support 

This program includes the administrative functions necessary to support the program activities of OSMRE. 

The specific functions are included in four areas: Administration, Human Resources, Administrative 

Financial Management, and Information Technology. The activity includes the salaries and operating 

expenses for two immediate staff offices within the Office of the Director – the Office of Administration 

and the Office of Human Resources, as well as the Financial Management and Acquisition Management 

Divisions of the Finance and Acquisition Directorate. This request includes $6,191,000 and 45 FTE to 

support these support activities. 

This function is responsible for managing OSMRE’s financial and administrative activities. 

a. Office of Administration (OA) 

The Office of Administration (OA) develops and administers OSMRE’s administrative policies and 

procedures and implements the Bureau’s administrative support activities in the following program 

areas: 

• Emergency Management 

• Continuity of Operations 

• Physical Security 

• Occupational Safety and Health 

• Property and Fleet Vehicles 

• Space Management 

• Directives Management 

• Printing and Publications 

• Federal Transit Benefit Program 

OA also provides administrative support to Headquarters’ offices. These support activities include 

office moves, provision of general supplies and services, mailroom functions, and local official 

transportation. 

Additionally, OA oversees OSMRE’s National Aviation Management (NAM) and National Aviation 

Safety Management functions. Through an OA-managed Inter-Agency Agreement (IAA), OSMRE 

receives professional staff support to ensure compliance with, and promotion of all provisions and 

requirements affecting OSMRE’s aviation operations, acquisitions, and safety as required by the 

Federal Aviation Administration (FAA) and as outlined in the Departmental aviation policy and 

Operational Procedures Memoranda. 
Executive Direction and Administration 

Office of Surface Mining Reclamation and Enforcement 126

b. Office of Human Resources (OHR) 

The Office of Human Resources (OHR) develops and implements policies, standards, and systems for 

the effective use of human resources to accomplish the overall mission of OSMRE. Specifically, the 

human resources program provides managers and employees with advice and technical assistance on 

the full range of human resources programs in accordance with OSMRE, DOI, Office of Personnel 

Management, and other Federal policies and guidelines. OHR provides processing and record keeping 

on recruitment, staffing and hiring; conducts position classification and organizational analysis; and 

administers pay and compensation programs for general schedule and senior executive service 

positions. The Office also advises and processes employee and retirement benefits; oversees 

performance management, awards, and recognition programs; implements Human Capital initiatives; 

provides mandatory employee development and training assistance; and provides guidance on 

employee relations and workplace issues including disciplinary actions. OHR operations rely on 

automated systems such as the USA Staffing talent management system, the Federal Personnel and 

Payroll System, Employee Express, and DOI Talent Learning Management System. These automated 

systems provide direct online personnel history files, human resources information and services directly 

to the manager, employee, and applicant. 

Special ongoing initiatives this office is working on are highlighted below: 

Strategic Recruitment: OSMRE is experiencing workforce challenges in the areas of retention, 

attrition, and successful recruitment options to attract new talent. These challenges are the results of 

multiple factors that include decline in coal production with overall market industry decline, 

reduction in active coal mining, and COVID-19 impact. OHR, in conjunction and cooperation with 

OSMRE’s OEO, continues to expand recruitment of the number of women, minorities, and persons 

with disabilities identified in under-represented occupations. Efforts include using focused strategies 

to continue hiring of veterans that are an integral part of this expanded recruitment efforts planned as 

authorized under recent Executive Orders as well. OSMRE promotes workforce diversity and 

continues to improve and strengthen human capital process and tools to attract highly skilled 

applicants. 

Strategic Management of Human Capital: OHR executes strategic position management activities 

with quarterly and annual evaluations that link individual hiring decisions made during the course of 

the year, thus empowering managers to focus on developing competencies and skills needed to 

accomplish OSMRE mission goals. To promote retention in positions where skill gaps have been 

identified, OSMRE can utilize several programs including student loan repayments, relocation 

allowances, and retention incentives. In addition, OSMRE uses honorary, non-monetary, and 

monetary awards to reward employees based on their contributions to the work of the organization. 

Annual and tri-annual accountability audits are conducted to ensure compliance and identify 

deficiencies for improvement. 

Performance Management: OSMRE’s current performance management process is labor intensive 

for supervisors and human resources. DOI rolled out an automated performance management tool in 

FY 2020. OSMRE will focus on training supervisors on effective standard development, roles and 
Executive Direction and Administration 

Office of Surface Mining Reclamation and Enforcement 127

responsibilities, and employee performance awards to increase organization effectiveness moving 

into FY 2023. 

Employee Benefits/Worklife Program: This HR program area will be undergoing review, assessment, 

and analysis in FY 2022 to improve operational efficiency due to increased needs to address COVID19. Reentry activities will have a significant roll out into Remote Work and new Telework 

considerations. The review will include benefits program alignment to HR Operations and address 

reasonable accommodations program challenges with new religious accommodation. OHR continues 

to leverage the new talent management platform by leveraging technology with using USA Staffing 

modules for onboarding requirements that will be effective November 2021. The Executive Order 

14043 has initiated many program policy changes for reasonable accommodations regarding process 

and increase workload, this program will require additional resources on skills and competencies 

required. 

c. Acquisition Management 

The Acquisition Management Division (AMD), under the direction of the Head of Contracting Activity, 

is responsible for providing guidance to ensure OSMRE meets its competitive sourcing goals. The 

Division provides guidance in the completion of the annual Federal Activities Inventory Reform 

(FAIR) Act Inventory to identify all functions throughout OSMRE and their designation as either 

inherently governmental or commercial in nature. The Acquisition Management Division also 

maintains a presence on the Departmental Acquisition Special Interest Group as an active member to 

ensure OSMRE acquisition needs, and requirements are met. The acquisition management activity 

provides strategic acquisition program direction for the Bureau and performs routine, day-to-day 

operational contracting support, including data collection and external reporting, timely de-obligation 

of Undelivered Orders, maintenance of quality contracting files, and customer outreach and education. 

d. Financial Management 

The Financial Management activity funded in this business line provides OSMRE’s program offices 

with accounting and financial services for operational funds to implement SMCRA. Additionally, such 

services include improved access and presentation of financial data to improve the management of 

operations and allow for more informed decision making. These services include timely bill pay, 

recording of receipts and expenditures, issuing financial guidance and management reports, collecting 

administrative debts, managing the organization charge card program, development of financial 

management operating procedures and tutorials, ensuring compliance of Federal travel regulations, 

supporting DOI’s audited financial statements, and maintaining financial systems and tools that support 

these functions. 

e. Information Management and Technology (IMT) 

OSMRE is dependent upon information technology to provide efficient and accurate management 

information to assist OSMRE’s program managers in accomplishing the agency’s mission. Activities 
Executive Direction and Administration 

Office of Surface Mining Reclamation and Enforcement 128

span all business lines and are funded under other business lines in the budget as well as Executive 

Direction. 

Since FY 2016, OSMRE has operated a centralized IMT program under the direct authority of the 

Bureau’s Associate Chief Information Officer. OSMRE leverages IMT shared services and services 

provided under reimbursable agreements to supplement its IMT service offerings. OSMRE will 

continue to evaluate shared service opportunities and technology to meet OSMRE mission needs in 

order to increase operational efficiencies and harden its cyber security posture. 

Through its cyber security program, OSMRE ensures the integrity of its systems and data assets. The 

ACIO and OSMRE’s IRO staff provide system assessment and accreditation services as well as perform 

continuous monitoring security controls to ensure security compliance. The IRO provides, as a 

component of its security program, virus filtering and continuous traffic monitoring systems which 

significantly enhance efforts to manage security for its information systems. To ensure cyber security 

hygiene, the IRO also maintains vulnerability, configuration management, and incident responses 

processes to ensure timely installation of software patches and fixes while strengthening incident 

handling responses. 

Additionally, employee awareness and compliance are assured through a comprehensive training 

program. In response to the Federal Information Systems Security Awareness training requirements, 

employee mandatory training was expanded to include Privacy, Records Management and Rules of 

Behavior training on an annual basis. OSMRE also provides specialized and role-based security training 

to its employees that have significant IT security responsibilities. 

The IRO continues to manage OSMRE’s Capital Planning and Investment Control (CPIC) process to 

ensure the Bureau’s IMT investment portfolio represents the optimal mix of technology and services 

sufficient to support the OSMRE mission. OSMRE works closely with the Department to ensure the 

CPIC program is maintaining the desired results of the program. 

General Services 

This funding activity includes essential fixed costs to support OSMRE’s program missions. No personnel 

or operational activities are funded by this component. The costs estimates for FY 2023 reflect estimated 

Departmental fixed cost changes from FY 2022 levels and known future plans, including co-location, space 

reduction, anticipated contracting efficiencies, and investment in technologies and systems to yield 

additional efficiencies in the future. 

Table 11 shows the projected General Services costs by category for FYs 2022 and 2023. 
Executive Direction and Administration 

Office of Surface Mining Reclamation and Enforcement 129

Table 11 – Estimated General Services Costs 

(in Round Dollars) 

Line Item 2022 CR 2023 

Estimate 

Estimated 

Change 

2022 – 2023 

DOI Working Capital Fund 2,088,000 2,482,000 +394,000

DOI Facilities & Administrative Services 1,000 1,000 - 

Office of the Secretary Activities 59,000 58,000 -1,000

DOI IT Shared Services 938,000 931,000 -7,000

Interior Business Center 84,000 90,000 +6,000

Unemployment Compensation 6,000 21,000 +15,000

Worker's Compensation 138,000 155,000 +17,000

Rent and Utilities 4,959,000 5,175,000 +216,000

Telecommunications 300,000 300,000 - 

Postage 10,000 10,000 - 

Bureau-wide Printing/Supplies 272,000 272,000 - 

Operational & IT Support Contracts 2,857,000 2,844,000 -13,000

Service Contracts 170,000 170,000 - 

GSA Work Authorizations 5,000 5,000 - 

Electric Vehicle (EV) Charging 

Infrastructure - 267,000 +267,000

Total 11,887,000 12,781,000 +894,000 
Executive Direction and Administration 

Office of Surface Mining Reclamation and Enforcement 130

EXECUTIVE DIRECTION AND ADMINISTRATION 

2022 Planned Program Performance 

In FY 2022, planned activities in the Executive Direction and Administration program activity include: 

• Complete a major website modernization project to consolidate and reorganize content and 

migrate it into a content management system to improve the overall OSMRE user experience. 

• Maintain an up-to-date online Plain Language glossary of commonly used OMSRE terms. 

• Continue to utilize training as a strategy to increase cultural competencies, reduce the number of 

Equal Employment Opportunities complaints filed, and conduct civil rights reviews on federallyassisted and conducted programs. 

• Improve the availability of self-guided videos and instructions through a single application. 

• Begin converting a portion of the Bureau’s fleet to ZEVs; work closely with intra- and interagency partners to improve ZEV charging infrastructure.

• Continue to review opportunities to reduce OSMRE’s leased space footprint and expenditures. 

• Continue to review opportunities to improve oversight of OSMRE’s acquisition functions. 

• Continue to improve the quality of Financial and Business Management System asset record data. 

• Continue to enhance the bureau’s performance management program through enhanced standard 

operating procedures for collected and reporting performance data, and by regular review of and 

improvements to program performance measures. 

• Finalize an OSMRE Directive on the bureau’s performance management program to ensure 

consistent compliance with the Government Performance Results Act of 1993 and the 

Government Performance Results Modernization Act of 2010. 

• Support DOI’s Financial Audit Statements for FY 2021 and FY 2022. 

• Continue to improve the delivery and accessibility of financial information for risk mitigation and 

decision making. 

• Improve and standardize the processing of intra-departmental agreements (IDA) through the 

implementation of DOI’s IDA functionality. 

• Identify a complete set of consolidation targets for closure and begin planning to fund migration 

of the respective computing environments to a Cloud computing environment or to a MajorTiered Data Center.

• Continue to provide adequate resource levels needed to maintain current telecommunications 

services while fully transitioning data and voice services from legacy telecommunications 

contracts to EIS.

• Assess current IMT-related Human Resource (HR) staffing and capabilities to address the goal of 

developing and maintaining a talented and knowledgeable IMT workforce. This includes 

assessing current capacity to translate the Department’s competency models into skill gaps for 
Executive Direction and Administration 

Office of Surface Mining Reclamation and Enforcement 131

bureau and office IT employees, accelerating the time to hire new employees, and developing 

professional development plans that provide career paths for bureau IT employees.

• Assess current capabilities in the areas of customer success management, customer relationship 

management, and IT service management to establish baseline and determine future funding 

requirements for enhancements.

• Assess resources needed to support mandated data management activities. Continue to provide 

administrative support across the bureau to enable mission success in the other OSMRE business 

lines. 

• Continue to identify labor intensive administrative activities, and evaluate appropriate regulatory, 

policy and technology solutions to yield operational efficiencies. 

• Continue to enhance OSMRE’s data integrity and reporting capabilities through enhanced 

standard operating procedures for gathering, reconciling, and reporting financial transactions at 

both the bureau and Department-wide consolidated level. 

• Continue to support the bureau’s OMB Circular A-123 - Management's Responsibility for 

Internal Control goals specifically addressing the assessment, documentation, and reporting on 

the effectiveness of internal control over financial reporting. 

• Continue to support DOI’s Business Integration Office (BIO)’s conversion efforts for the S4 and 

B4HANA upgrade of the Financial and Business Management System (FBMS) and Data 

Warehouse. 
Executive Direction and Administration 

Office of Surface Mining Reclamation and Enforcement 132

2021 Program Accomplishments 

In FY 2021, the major accomplishments in the Executive Direction and Administration program activities 

include: 

• Restructured and realigned OSMRE’s administrative, human resources, and acquisition functions 

improving effectiveness and efficiency of delivered services. 

• Implemented a new support agreement with the DOI Office of Wildland Fire (OWF) allowing 

qualified OSMRE personnel to support and collaborate with OWF in support of incident 

responses for DOI’s Wildland Fire Management (WFM) program. 

• Promulgated the OSMRE (Conduct Accountability Respect Employees) program to ensure that 

harassment in the workplace is reported, addressed, and eliminated, timely and appropriately. 

• Improved the quality of OSMRE’s Safety and Occupational Health program by enhancing the 

ability of OSMRE managers to identify and mitigate employee risk. 

• Scored green in all areas of DOI’s Financial Performance Metrics. 

• Achieved 100 percent prompt pay on vendor payments. 

• Completed required CPIC evaluations for all IMT programs and major investments. 

• Provided educational and employment opportunities to youth in the areas of communications, 

budget, information technology, auditing, and general administration. 

• Supported DOI’s Audited Financial Statements for FYs 2020 and 2021. 

• Successfully completed a pilot program for the purchase charge card to test the online review and 

approve process within CitiManager, Citibank’s global online tool. This will support the 

Department’s efforts to improve controls in charge card compliance. 

• Propagated financial guidance and management reports to support strategic initiatives. 

• Developed financial management operating procedures and tutorials to ensure compliance of 

financial reporting regulations and data integrity. 

• Supported DOI’s Business Integration Office (BIO)’s initial conversion efforts of the S4 and 

B4HANA upgrade for the Financial Business Management System (FBMS) and Data Warehouse. 
TAB

Permanent Appropriations 
Page Intentionally Left Blank
Permanent Appropriations

Office of Surface Mining Reclamation and Enforcement 133

PERMANENT APPROPRIATIONS

ALLOCATIONS TO STATES AND TRIBES

TRANSFERS TO UNITED MINE WORKERS OF AMERICA HEALTH BENEFIT 

PLANS AND THE 1974 UMWA PENSION PLAN

INVESTMENTS TO ADDRESS IMPORTANT LEGACY COSTS IN COAL COUNTRY

OSMRE receives mandatory funding to distribute grants to States and Tribes and transfers to three health 

benefit plans that are part of the United Mine Workers of America Health and Retirement Funds. The three 

health benefit plans that receive funding under the SMCRA are collectively referred to as the “UMWA 

Health Benefit Plans.” These payments are derived from the Abandoned Mine Reclamation Fund (AML 

Fund) and the General Treasury.

The Bipartisan American Miners Act of 2019 (P.L. 116-94, Division M) amended SMCRA, increasing the 

annual limitation on funds available from the Treasury from $490 million to $750 million, and mandating

that any amounts available under the new limitation after making the mandatory payments to States and 

Tribes and the transfers to UMWA Health Benefits Plans, be transferred to the 1974 UMWA Pension Plan.

The American Miner Benefits Improvement Act of 2020 (P.L. 116-260, Division Y) further amended 

SMCRA, authorizing additional eligible beneficiaries of the UMWA 1993 Health Benefit Plan impacted 

by bankruptcy proceedings in 2020 and beyond, and increasing the $750 million annual limitation on 

Treasury funds by the amount of the cost to provide benefits.
Permanent Appropriations 

Office of Surface Mining Reclamation and Enforcement 134

Table 12 – Permanent Appropriation Estimates 

 (Dollars in Millions) 

Permanent Appropriation 

2021

Actuals 

2022

Enacted 

2023

Estimates 

Change 

from 2022 

to 2023 

Payments to States in Lieu of Coal 

Fee Receipts (Treasury Funds) 40.0 37.4 28.7 -8.7 

• In Lieu Payments to Certified 

States and Tribes 40.0 37.4 28.7 

Mandatory Sequester [-2.3] [-2.1] [-1.6] 

Mandatory Grants to 

Noncertified States (AML Fund) 121.5 115.7 100.7 -14.9 

• State and Tribal Share 19.7 19.8 17.5 

• Historic Coal Share 75.7 71.8 56.4 

• Min Program Make Up 26.0 24.0 26.8 

Mandatory Sequester [-6.9] [-6.6] [-5.7]

Subtotal- Payments to States and 

Tribes 161.5 153.1 129.4 -23.6 

Subtotal- Payments to States and 

Tribes (after Sequestration) * 152.2 144.3 122.1 -22.2

Payments to UMWA Health 

Benefit Plans (AML Fund Interest) 29.2 19.4 82.4 +63.0 

Supplemental Payments to UMWA 

Health Benefit Plans (Treasury 

Funds) 

388.3 331.3 340.4 +9.1 

Supplemental Payments to 1974 

UMWA Pension Plan (Treasury 

Funds) 

322.2 381.7 381.3 -0.4 

Subtotal- Payments to UMWA 

Health Benefit and Pension Plans** 739.7 732.4 804.1 +71.7 

Total Mandatory Funding 901.1 885.4 933.5 +48.1 

 Subtotal from AML Fund 150.6 135.0 183.1 +48.1 

 Subtotal from Treasury 750.5 750.4 750.4 - 

Total Mandatory Funding (after 

Sequestration) 891.9 876.7 926.2 +49.5 

 Subtotal from AML Fund 143.7 128.4 177.4 +49.0 

 Subtotal from Treasury 748.2 748.3 748.8 +0.5 

* Payments/Grants to States and Tribes are subject to sequestration pursuant to 2 USC 901(a). 

** Payments to the UMWA Health Benefit Plans include payments for additional beneficiaries of the 1993 

plan impacted by bankruptcy proceedings in 2020, as authorized by the American Miner Benefits 

Improvement Act of 2020. 
Permanent Appropriations 

Office of Surface Mining Reclamation and Enforcement 135

OVERVIEW 

One of the basic concepts of SMCRA is to charge a fee on coal production to finance the reclamation of 

abandoned mine lands across the country. Reclamation fees are deposited into the AML Fund and 

distributed through the annual appropriations process to States and Tribes for AML reclamation and to 

OSMRE for administrative expenses. In 2006, amendments to SMCRA extended the authority to collect 

the reclamation fee through September 30, 2021 and altered the distribution of payments beginning in 

2008.3 The Bipartisan Infrastructure Law (P.L. 117-58) further extended the authority to collect the 

reclamation fee, at a reduced rate, through September 30, 20344. 

Collection of Reclamation Fees 

Reclamation fees collected are placed in the AML Fund. The current reclamation fee authorized by 

SMCRA, as amended by the Infrastructure Investment and Jobs Act, is: 22.4 cents/ton of surface mined 

coal; 9.6 cents/ton of coal mined underground; and 6.4 cents/ton of lignite; or ten percent of the value of 

the coal (two percent of the value of the lignite), whichever is less. Reclamation fee collections form the 

basis for mandatory grants to the certified and noncertified States and Tribes. 

Interest accrued becomes part of the AML Fund and is available for transfer to the UMWA Health Benefit 

Plans in order to help finance three health care plans. 

Allocation and Distribution of Reclamation Funds to States and Tribes

Generally, States must have an approved SMCRA regulatory (Title V) program and an approved 

reclamation (Title IV) program to be eligible to receive mandatory AML funding. Three Tribes (Crow, 

Hopi, and Navajo) are eligible for funding through the AML program, and each has an approved 

reclamation program. As part of the 2006 amendments to SMCRA, Tennessee also became eligible for 

AML program funding although it does not have an approved regulatory program. A total of 24 States and 

three Tribes received reclamation funding in FY 2022; of these, four States and all three Tribes have 

certified completion of coal abandoned mine land problems. 

a. AML Fund 

Noncertified States are allocated mandatory grants from the AML Fund based on the reclamation fees 

collected the previous fiscal year. The amount of the grant for each noncertified State is determined through 

a formula that adds the following allocations: 

1. Half of reclamation fees collected in that State (known as the State Share);

2. A State’s portion of 30 percent of all reclamation fees collected Nationwide and the amount of 

the State/Tribal Share forgone by certified States and Tribes; each State’s portion is determined 

3 OSMRE published regulations implementing the Act (November 14, 2008, 73 FR 67576), which became effective 

on January 13, 2009. 

4 OSMRE published the interim final rule revising the regulations for the Abandoned Mine Reclamation Fund to be 

consistent with the Infrastructure Investment and Jobs Act (87 FR 2341) on January 14, 2022. 
Permanent Appropriations 

Office of Surface Mining Reclamation and Enforcement 136

proportionally based on the amount of coal production in that State prior to 1977 (known as 

Historic Coal Share); and 

3. Any amount needed to ensure that each noncertified State receives at least $3 million annually 

(known as the Minimum Program Make Up Funds).

SMCRA specifies the eligible uses of each of specific allocation. All funding provided to noncertified States 

can be used to address hazards and problems on abandoned coal mine lands, such as underground fires, 

subsidence, landslides, open shafts, unstable or burning refuse piles, acid mine drainage, and dangerous, 

unstable highwalls. Some of the allocations are restricted to use on the highest priority coal mine sites, i.e., 

minimum program make up funds, while other allocations may be used to address problems such as water 

supplies adversely affected by coal mining, i.e., State Share. In certain circumstances, State Share and 

Historic Coal Share funds may also be used to reclaim certain non-coal sites, such as abandoned hardrock 

mine lands. Western States, in particular, often use their reclamation funds to address high priority hardrock 

AML sites, for which there is no other source of Federal funding. 

In FY 2022, noncertified States will receive $109.1 million, after sequestration of 5.7% ($18.7 million in 

State Share, $67.7 million in Historic Coal Share, and $22.7 million in Minimum Program Make Up Funds). 

For FY 2023, OSMRE estimates that noncertified States will receive $95.0 million in grants, after 

sequestration of 5.7% ($16.5 million in State Share; $53.2 million in Historic Coal Share; and $25.3 million 

in Minimum Program Make Up Funds). 

b. Treasury Funds 

Mandatory payments in lieu of coal receipts from the Treasury to certified States and Tribes are also 

allocated by formula. In lieu payments to certified States and Tribes are equal to half of the reclamation 

fees collected in that State or Tribe in the previous fiscal year. Certified States and Tribes will receive $35.3 

million, after sequestration of 5.7%, in FY 2022. These payments can be used to address the priorities as 

prescribed in 30 CFR 874 for coal reclamation projects that currently exist or that occurred after 

certification, as well as non-coal reclamation projects such as hardrock AML problems and infrastructure 

impacted by mineral leasing and mining. 

Under current law, total mandatory payments to States and Tribes from Treasury funds in FY 2023, after 

sequestration of 5.7%, are estimated to be $27.1 million. 

Treasury funds paid to the States and Tribes and transfers to the UMWA Health Benefit Plans and the 1974 

UMWA Pension Plan are subject to an overall $750 million cap5on all annual transfers from the Treasury 

under SMCRA, as amended. 

5 The $750 million dollar limitation shall be increased by the amount of payments to the UMWA Health Benefit 

Plan which are made solely for the cost to provide benefits by reason of the amendments made by the American 

Miner Benefits Improvement Act of 2020 (i.e., for beneficiaries whose health benefits confirmed in any bankruptcy 

proceeding commencing in 2020 or later, would be subsequently denied or reduced). 
Permanent Appropriations 

Office of Surface Mining Reclamation and Enforcement 137

Transfers (or Payments) to the UMWA Health Benefit Plans and 1974 Pension Plan

Sections 402(h) and (i) of SMCRA require OSMRE to transfer funds to three UMWA Health Benefit Plans 

that are part of the UMWA Health and Retirement Funds: the UMWA Combined Benefit Fund (CBF), the 

UMWA 1992 Benefit Plan, and the Multiemployer Health Benefit Plan (aka, the 1993 Benefit Plan). 

Section 402(i) of SMCRA, as amended by the Bipartisan American Miners Act of 2019 (P.L. 116-94, 

Division M), further requires OSMRE to transfer the difference between the aggregate amounts transferred 

to the UMWA Health Benefit Plans and the States and Tribes and the $750 million cap to the 1974 Pension 

Plan. These transfers are as follows: 

• Annual transfers of all estimated AML Fund interest earnings to the UMWA Health Benefit 

Plans, to the extent payments from premiums paid by operators and other sources do not meet 

those plans’ expenditure needs, subject to certain limitations. 

• Annual transfers from the Treasury to the UMWA Health Benefit Plans and the 1974 Pension 

Plan, subject to the overall $750 million cap on all annual transfers from the Treasury under 

Section 402(i) of SMCRA. 

• In general, the amount of the transfers to the UMWA Health Benefit Plans are dependent on the 

extent that their revenues do not meet their expenditures. When that occurs, OSMRE will transfer 

available funds in the following order as needed: 

o Estimated interest to be earned by the AML Fund during the fiscal year in question. 

o Transfers from the Treasury are subject to a $750 million cap annually. 

o Reserve funds created from existing stranded interest earned by the AML Fund. 

In FY 2022, the UMWA Health Benefit Plans will receive $19.4 million in interest payments from the 

AML fund and $331.3 million from the Treasury. The 1974 Pension Plan will receive $381.7 million from 

the Treasury. 

For FY 2023, based on current economic assumptions, OSMRE estimates that $15.0 million in interest 

from the AML fund and $407.8 million from the Treasury will be transferred to the UMWA Health Benefit 

Plans, and $313.9 million from the Treasury will be transferred to the 1974 Pension Plan.
Permanent Appropriations 

Office of Surface Mining Reclamation and Enforcement 138

Table 13 – Mandatory Funding for States and Tribes, FY 2021-2023 

 (Dollars Rounded in Millions) 

Source of Mandatory Funding:

• AML Fund 121.5 -6.9 114.5 115.7 -6.6 108.6 100.7 -6.1 95.0 

• Treasury 40.0 -2.3 37.7 37.5 -2.1 35.4 28.7 -1.5 27.1 

Noncertified States are those that have remaining coal AML problems to address. Certified States and Tribes have certified that there are no remaining 

coal AML problems. Amounts of less than $50 thousand round to zero. Totals may not add due to rounding.

State/Tribe

2021 

Mandatory 

Distribution

2021

Sequester 

(-5.7%) 

2021

Grants 

2022

Mandatory 

Distribution 

2022

Sequester 

(-5.7%) 

2022

Grants 

2023 

Hypothetical 

Distribution 

2023

Sequester 

(-5.7%) 

2023 

Hypothetical 

Grants 

Alabama 3.0 -0.2 2.8 3.0 -0.2 2.8 3.0 -0.2 2.8 

Alaska 3.0 -0.2 2.8 3.0 -0.2 2.8 3.0 -0.2 2.8 

Arkansas 3.0 -0.2 2.8 3.0 -0.2 2.8 3.0 -0.2 2.8 

Colorado 3.0 -0.2 2.8 3.0 -0.2 2.8 3.0 -0.2 2.8 

Illinois 10.3 -0.6 9.7 10.2 -0.6 9.6 8.3 -0.5 7.8 

Indiana 4.7 -0.3 4.4 4.2 -0.2 4.0 3.5 -0.2 3.3 

Iowa 3.0 -0.2 2.8 3.0 -0.2 2.8 3.0 -0.2 2.8 

Kansas 3.0 -0.2 2.8 3.0 -0.2 2.8 3.0 -0.2 2.8 

Kentucky 9.8 -0.6 9.3 9.4 -0.5 8.9 7.7 -0.4 7.3 

Maryland 3.0 -0.2 2.8 3.0 -0.2 2.8 3.0 -0.2 2.8 

Missouri 3.0 -0.2 2.8 3.0 -0.2 2.8 3.0 -0.2 2.8 

New Mexico 3.0 -0.2 2.8 3.0 -0.2 2.8 3.0 -0.2 2.8 

North Dakota 3.0 -0.2 2.8 3.0 -0.2 2.8 3.0 -0.2 2.8 

Ohio 5.3 -0.3 5.0 4.9 -0.3 4.6 3.9 -0.2 3.7 

Oklahoma 3.0 -0.2 2.8 

Pennsylvania 29.1 -1.7 27.4 28.1 -1.6 26.5 22.4 -1.3 21.1 

Tennessee 3.0 -0.2 2.8 3.0 -0.2 2.8 3.0 -0.2 2.8 

Utah 3.0 -0.2 2.8 3.0 -0.2 2.8 3.0 -0.2 2.8 

Virginia 3.2 -0.2 3.0 3.1 -0.2 2.9 3.0 -0.2 2.8 

West Virginia 20.1 -1.1 18.9 19.6 -1.1 18.5 15.9 -0.9 15.0 

Sub-total for 

noncertified 

States 

121.4 -6.9 114.5 115.7 -6.6 108.6 100.7 -6.1 95.0 

Louisiana 0.1 -0.0 0.1 0.0 0.0 0.0 0.0 0.0 0.0 

Mississippi 0.1 -0.0 0.1 0.1 0.0 0.1 0.1 0.0 0.1 

Montana 3.1 -0.2 2.9 3.5 -0.2 3.3 2.4 -0.1 2.3 

Texas 0.8 -0.0 0.8 0.8 0.0 0.8 0.7 0.0 0.7 

Wyoming 35.0 -2.0 33.0 32.3 -1.8 30.5 24.8 -1.4 23.4 

Crow 0.3 -0.0 0.3 0.2 0.0 0.2 0.2 0.0 0.2 

Hopi 0.0 -0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 

Navajo Nation 0.6 -0.0 0.6 0.6 0.0 0.6 0.5 0.0 0.5 

Sub-total for 

certified States 

and Tribes 

40.0 -2.3 37.7 37.5 -2.1 35.4 28.7 -1.5 27.1 

Total for All 

States/Tribes 161.4 -9.2 152.2 153.2 -8.7 144.0 129.4 -7.6 122.1 
TAB

Budget Exhibits 
Page Intentionally Left Blank
Exhibit A 

Office of Surface Mining Reclamation and Enforcement 139

BUDGET EXHIBITS 

Exhibit A: Section 403 Compliance6

Program/Project Support of Bureau, Department, and Government-wide Costs 

2023

Request 

External Administrative Costs 

WCF Centralized Billings $2,442,153 

WCF Direct Billing/Fee for Service $1,807,309 

External Administrative Costs

OSMRE funds external administrative costs, to include amounts paid to the Department to support 

Departmental or government-wide costs, in the General Services activity within the Executive Direction 

and Administration business line. 

Bureau Administrative Costs

OSMRE does not assess a charge for overhead, deductions, reserves, or holdbacks against the amounts 

requested in each of its business lines; rather, Bureau level administrative costs are identified in the 

Executive Direction and Administration business line in the budget justification. The Executive Direction 

activity provides executive direction in overall leadership and bureau-wide policy and program 

performance management guidance. The Administrative Support activity includes all the administrative 

functions necessary to support program activities including: Administration, Human Resources, 

Administrative Financial Management, and Information Technology. In addition to the DOI Working 

Capital Fund, the General Services activity includes essential fixed costs to support OSMRE’s program 

missions such as rent, telecommunications, and service contracts. Further information on specific elements 

of each activity can be found in the Executive Direction and Administration section. 

Support functions at the regional and field offices ensure various activities are integrated so the mission is 

accomplished. The majority of these costs are comprised of the salary and benefits for field office directors, 

regional directors and their administrative staff. These costs are not identified under Executive Direction 

and Administration, but rather included in the program funding requested in the respective business lines. 

Activity Based Costing allows OSMRE to internally track the indirect costs associated with its various 

organizational units and program activities. This is important in determining the full cost of program 

activities for evaluation purposes. By having employees report and track costs at the lowest work 

breakdown structure level, managers are able to assess both the direct and indirect costs of programs and 

activities.

6 Department of the Interior, Environment, and Related Agencies Appropriations Act, 2021 (Division G, Public Law 

116-260) 
Exhibit B 

Office of Surface Mining Reclamation and Enforcement 140

Exhibit B: Employee Count by Grade (PER-4)

Office of Surface Mining Reclamation and Enforcement 

Employee Count by Grade 

(Total Employment) 

FY 2021 

Actual

FY 2022 

Estimate 

FY 2023 

Estimate 

Executive Level V .................................................. 1 1 1

SES.................................................................... 4 6 6

Subtotal.................................................... 5 7 7

GS/GM-15............................................................ 27 23 23

GS/GM-14............................................................ 40 57 57

GS/GM-13............................................................ 98 113 115 

GS-12.................................................................. 132 154 154 

GS-11.................................................................. 15 30 30

GS-10.................................................................. 0 0 0

GS-9.................................................................... 22 17 17

GS-8.................................................................... 5 8 8 

GS-7.................................................................... 8 13 13

GS-6.................................................................... 3 4 4

GS-5.................................................................... 0 1 1

GS-4.................................................................... 0 0 0

GS-3.................................................................... 0 0 0

GS-2.................................................................... 0 0 0

Subtotal.................................................... 350 420 422 

Total employment (actuals & estimate) 

........................ 

355 427 429

Note: This table shows the number of employees funded by requested appropriations that are projected to be on-board at the end 

of each fiscal year and not FTE levels.
TAB

Appendixes 
Page Intentionally Left Blank
Appendix – AML Reclamation Accomplishments 

Office of Surface Mining Reclamation and Enforcement 141

Appendixes 

AML Reclamation Accomplishments 

Historical Data through September 30, 2021

Priority 1, 2, and 3 Problems

Problem Type Units Number 

of Units 

GPRA 

Acres 

Cost of 

Completed 

Reclamation 

Remaining 

Reclamation 

Costs 

Bench ** Acres 1,611 1,607 7,454,289 48,708,224 

Clogged Streams Miles 1,591 7,885 97,833,700 81,187,347 

Clogged Stream Lands Acres 24,403 42,141 268,380,952 320,481,611 

Dangerous Highwalls Feet 5,433,142 78,689 723,137,636 1,490,825,644 

Dangerous Impoundments Count 2,585 13,831 89,401,832 43,007,829 

Industrial/Residential Waste (Priority 1 & 2) Acres 1,865 1,863 49,382,832 57,200,861 

Dangerous Piles & Embankments Acres 28,796 28,738 449,576,664 368,935,594 

Dangerous Slides Acres 5,252 5,340 437,490,995 151,085,877 

Equipment/Facilities ** Count 1,759 186 14,858,141 12,230,910 

Gases: Hazardous Explosives Count 94 88 24,112,388 2,301,792 

Gobs (Coal waste piles) ** Acres 20,133 19,114 196,400,151 145,030,275 

Highwall ** Feet 824,005 11,773 41,768,095 2,539,407,883 

Hazardous Equipment & Facilities Count 5,859 1,294 39,597,863 36,114,154 

Haul Road ** Acres 8,886 8,759 27,516,826 11,514,086 

Hazardous Water Body Count 2,321 11,801 86,295,113 125,284,320 

Industrial/Residential Waste (Priority 3) Acres 649 648 4,470,298 1,821,604 

Mine Opening ** Count 2,778 280 10,763,989 35,584,070 

Other (*)(**) ---- 11,429 N/A 51,061,727 51,385,916 

Polluted Water: Agricultural & Industrial Count 590 2,921 55,071,218 81,808,209 

Polluted Water: Human Consumption Count 58,407 275,255 445,520,838 3,032,573,637 

Portals Count 21,907 2,219 108,987,623 75,360,352 

Pits ** Acres 19,859 19,864 127,623,181 105,075,850 

Subsidence Acres 11,777 11,712 668,382,037 719,555,587 

Spoil Area ** Acres 210,308 205,635 306,217,147 1,230,088,764 

Surface Burning Acres 2,249 2,246 108,368,889 25,865,168 

Slurry ** Acres 5,685 5,693 65,100,991 13,960,899 

Slump Acres 1,761 1,723 15,085,558 353,017,063 

Underground Mine Fire Acres 8,561 8,761 82,723,722 891,349,334 

Vertical Opening Count 20,424 3,777 127,543,451 76,724,022 

Water Problems (*)(**) Gal/Min 564,242 N/A 168,352,317 1,934,397,147 

Total 773,841 $ 4,898,480,464 $ 14,061,884,027 

* Not converted to GPRA Acres. Source: The enhanced Abandoned Mine Land Inventory System (e-AMLIS)

** Priority 3 Problems 

Notes:

1. The enhanced Abandoned Mine Land Inventory System (e-AMLIS) only provides information on the direct construction 

cost to reclaim AML features. This system was never designed to be a project management tool. E-AMLIS is the central 

electronic database for recording the national inventory of AML priorities for the AML Program. The information 

contained in e-AMLIS is provided by States and Tribes. 

2. The AML Reclamation Accomplishments Table only reports on the direct construction costs to reclaim AML features 

expended from the AML Fund and U.S. Treasury Funds (e.g. Certified in Lieu Funds and Prior Balance Replacement 
Appendix – AML Reclamation Accomplishments 

Office of Surface Mining Reclamation and Enforcement 142

Funds). These construction costs do not include design, engineering or administrative costs necessary for the State and 

Tribal AML programs to apply that construction cost effectively and efficiently. 

3. The two main sources of information for the AML Reclamation Program are the Financial and Business Management 

System (FBMS) and e-AMLIS. FBMS is DOI/OSMRE’s official system of record that contains comprehensive 

information on AML grant allocations and expenditures for the SMCRA Title IV AML Reclamation Program. E-AMLIS 

contains different information from FBMS and serves a different purpose. For example, e-AMLIS provides information 

primarily on direct construction cost such as estimates for reclaiming AML features once they are discovered and entered 

into the inventory, as well as completed costs when AML features are actually reclaimed in the field at which time the 

inventory cost is updated. 

4. GPRA Acres are non-acre measures (e.g., feet of highwall or number of portals) that are converted by formula to acres 

and used to measure program performance. 

5. The e-AMLIS inventory is not a fixed target that declines each year by the amount of reclamation accomplished. Instead, 

the inventory is dynamic and updated by States and Tribes on an ongoing basis. New AML problems are added to the 

inventory as they are identified, and cost data on existing AML problems are updated to reflect current reclamation costs. 

6. Reproducing the data in this table from the public-facing e-AMLIS webpage may be problematic. The public- facing 

webpage has limits on the type and amount of query capabilities which affect the ability of the public to replicate OSMRE 

published e-AMLIS tables. An approved e-AMLIS account holder has more query functions than what is available to 

the public. Additionally, the OSMRE e-AMLIS Coordinator performs a rigorous quality control and quality assurance 

process on the data before it is published. This is required due to complexities in the coding system of the e-AMLIS 

program and retrieval of information that was historically entered differently (e.g. not georeferenced) and placed on a 

different system platform within the e-AMLIS program. 

7. The dataset used in the preparation of the AML Reclamation Accomplishments table as of September 30, 2019 was 

expanded to include other applicable e-AMLIS programs (Rural Abandoned Mine Program, Federal and State 

Emergency Programs, stand-alone Priority 3 problems and, non-coal priorities). These changes account for the overall 

increase in each reported category in the FY 2021 reporting of the table. Prior to FY 2019, the dataset only included 

certain coal programs such as Acid Mine Drainage, Coal Interim Site Funding, Coal Insolvent Surety Site Funding, and 

Pre-SMCRA Coal State/Tribe Programs, Water Supply Restoration Program, and Certified Program Coal Reclamation 

[411 (h)1 and 411 (h)2].

8. The AML Reclamation Accomplishments table does not include completion data for certain AML problems reclaimed 

under SMCRA prior to the 2006 Amendments, including Priority 4 and Priority 5 projects, certain non-mining related 

activities, and water supply restoration projects not linked to higher AML priorities. Priority 4 is designated for the 

protection, repair, replacement, construction, or enhancement of public facilities such as utilities, roads, recreation, and 

conservation facilities adversely affected by coal mining practices. Priority 5 is designated for the development of 

publicly owned land adversely affected by coal mining practices including land acquired as provided in Title IV for 

recreation and historic purposes, conservation, and reclamation purposes and open space benefits. Expenditures on nonmining related activities, such as transportation, education, or energy development were also recorded as completed 

costs in e-AMLIS. Water supply restoration relates to protecting, replacing, constructing, or enhancing facilities relating 

to water supply, including water distribution facilities and treatment plants that replace water supplies adversely affected 

by coal mining practices. This work was previously authorized by SMCRA even if there was no health, safety, or

environmental priority associated with the work. 

9. The dataset was extracted for the 25 States and 3 Tribes that have an approved AML Reclamation Plan and the Federal 

Reclamation Program administered by OSMRE for States and Tribes that do not have approved AML program. 

10. The dataset does not include projects funded under the Abandoned Mine Land Reclamation Economic Development 

Pilot Program (i.e., AML Pilot).
Appendix – By State and Tribe Funding Data 

Office of Surface Mining Reclamation and Enforcement 143

By State and Tribe Funding Data 

FY 2021 Obligations for Grants, Cooperative Agreements, and Federal Projects 

(DOLLARS IN THOUSANDS) 

STATE/TRIBE 

Environmental Restoration Environmental Protection (Regulatory) 

AML

Funding Federal Reclamation Grants/Agreements* 

TOTAL Emergency 

Projects 

Watershed 

Cooperative 

Agreements 

High

Priority 

Projects 

Emergency 

Projects 

Non- Federal 

Lands Federal Lands 

Alabama 1,148 253 1,401 

Alaska 373 373

Arkansas 125 125

California 0

Colorado 1,844 490 2,334 

Georgia 0

Illinois 3,340 3,340 

Indiana 1,472 1,472 

Iowa 47 47

Kansas 55 55

Kentucky 12,681 1,010 13,691 

Louisiana 264 264

Maryland 925 925

Michigan 0

Mississippi 250 250

Missouri 206 206

Montana 389 1,829 2,218 

New Mexico 227 613 840

North Dakota 139 881 1,020 

Ohio 1,496 1,496 

Oklahoma 50 612 662

Oregon 0

Pennsylvania 579 13,270 13,270 

Rhode Island 0

South Dakota 0

Tennessee 0

Texas 2,766 2,766 

Utah 205 1,850 2,055 

Virginia 3,600 3,600 

Washington 221 539 0

West Virginia 100 10,503 10,503 

Wyoming 579 1,831 2,410 

Cherokee Nation 0

Crow 576 576

Hopi 376 376

Navajo 1,519 1,519 

N. Cheyenne 0

Total 0 679 221 539 58,425 9,369 67,794 

* Regulatory Grant figures are the total funds obligated on FY 2021 grants during the fiscal year, and do not 

reflect any subsequent deobligations that may occur at grant closure. 
Appendix – Organization Chart

Office of Surface Mining Reclamation and Enforcement 144

Office of Surface Mining Reclamation and Enforcement 

Organizational Chart 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
Appendix – Abandoned Mine Land Program States

Office of Surface Mining Reclamation and Enforcement 145

Abandoned Mine Lane Program States 
Appendix – Organization Chart

Office of Surface Mining Reclamation and Enforcement 146

Regulatory Programs and Office Locat 
Appendix – FY 2023 Annual Spend Plan

Office of Surface Mining Reclamation and Enforcement 147

AML Reclamation Program Bipartisan Infrastructure Law Funding 

FY 2023 Annual Spend Plan 

Introduction 

President Biden signed the Bipartisan Infrastructure Law (BIL) on November 15, 2021, making this oncein-a-generation investment in the Nation’s infrastructure and economic competitiveness a reality. This 

landmark investment will rebuild America’s critical infrastructure, tackle the climate crisis, advance 

environmental justice, and drive the creation of good-paying union jobs. By addressing long-overdue 

improvements and strengthening our resilience to the changing climate, this investment in our communities 

across the country will grow the economy sustainably and equitably so everyone gets ahead for decades to 

come. 

The BIL provided $11.293 billion for deposit into the Abandoned Mine Reclamation Fund to fund activities 

described in SMCRA, as amended, and the BIL. OSMRE will allocate and distribute grant funding on an 

equal annual basis over a 15-year period to eligible States and Tribes as described in the BIL. Using funds 

provided by the BIL, State and Tribal AML programs can address activities such as physical hazards (e.g., 

dangerous highwalls, subsidence, open portals, etc.), degraded land and water resources (e.g., impaired 

ecosystems affected by acid mine drainage), and impacted water supply systems. 

OSMRE will ensure State and Tribal reclamation programs are consistent with the BIL. The States and 

Tribes will be required to address the known magnitude of remaining AML problems, identify the types of 

problems remaining to be addressed and their locations, and achieve the goals and objectives of the BIL, 

including: 

• Eliminating the most egregious7hazards to public health and safety in a timely manner. 

• Supporting local communities in achieving their priorities and needs through collaboration and 

consensus-building for local projects. 

• Providing employment for current and former employees of the coal industry. 

• Benefitting all who live and work in and near America’s coalfield communities by restoring 

degraded lands to a usable condition, restoring aquatic life in mining-polluted streams, and 

providing safe drinking water in areas where groundwaters are contaminated due to abandoned 

mines. 

• Addressing environmental justice issues within coalfield communities, including the Justice40 

Initiative. 

BIL AML Program Summary 

The Bipartisan Infrastructure Law provides a total of $11.293 billion to OSMRE for the programs and 

activities shown in the table below, with BIL AML funding for eligible States and Tribes distributed as 

equal annual grants over a period of 15 years beginning in FY 2022. Funding is available for obligation 

until expended. The enacted amounts are shown in the following table.

1 Specifically, coal AML emergencies and “extreme dangers”. 
Appendix – FY 2023 Annual Spend Plan

Office of Surface Mining Reclamation and Enforcement 148

AML Reclamation Program Bipartisan Infrastructure Funding 

Enacted Amounts Available (dollars in 000s)

Program/Activity FY 2022 

Abandoned Mine Land Reclamation 

AML Grants to States and Tribes 10,872,745 

Financial and Technical Assistance for AML Inventory 25,000 

Federal Expenses and Administration 338,790 

Transfer to the DOI Office of the Inspector General 56,465 

Total 11,293,000 

AML Reclamation Program Bipartisan Infrastructure Funding 

Enacted Amounts Available (dollars in 000s)

Program/Activity FY 2023 

Abandoned Mine Land Reclamation 

AML Grants to States and Tribes 724,850 

Financial and Technical Assistance for AML Inventory 1,667 

Federal Expenses and Administration 22,586 

Transfer to the DOI Office of the Inspector General 3,764 

Total 752,867 

BIL AML Grants to States and Tribes 

Of the $11.293 billion authorized for deposit into the Abandoned Mine Reclamation Fund by Section 40701 

of the BIL, approximately $10.873 billion will be distributed in equal annual grants to eligible States and 

Tribes over a 15-year period, beginning in FY 2022. Annual BIL AML grant amounts are calculated using 

a congressionally mandated formula based on the percentages of historic coal mining tonnage produced on 

eligible State and Tribal lands and the total unfunded cost of coal problems at the end of the preceding fiscal 

year, as reflected in OSMRE’s enhanced Abandoned Mine Land Inventory System (e-AMLIS). BIL AML 

grants will be awarded to eligible State and Tribal AML Programs on an annual basis and adjustments will 

be made to these distributions as required. 
Appendix – FY 2023 Annual Spend Plan

Office of Surface Mining Reclamation and Enforcement 149

BIL Funding for Financial and Technical Assistance for the AML Inventory 

OSMRE will require States and Tribes to target projects that adversely impact public health, safety, 

property, and the environment using the project information contained in OSMRE’s AML inventory, eAMLIS. To ensure that States and Tribes are able to update their respective AML inventories in e-AMLIS, 

the BIL provides that $25 million of the $11.293 billion will be made available to the Secretary of the 

Interior to provide States and Indian Tribes with the financial and technical assistance necessary for the 

purpose of making amendments to e-AMLIS. 

BIL Funding for Federal Expenses & Administration 

Of the $11.293 billion authorized by the BIL, OSMRE may use up to 3% (approximately $338.79 million) 

for Federal salaries, expenses, and administrative costs to implement the BIL AML program. OSMRE will 

track these costs separately from program costs and is committed to proper management and oversight of 

BIL funds. 

Office of the Inspector General 

0.5% of the $11.293 billion, or $56.465 million, is authorized for direct transfer to the Office of Inspector 

General for oversight of the implementation of BIL AML funding authorized in section 40701 of the BIL.