OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior 

Citizen Request for Evaluation of a State Regulatory 

Program

December 2015
2 OSMRE Citizen Request for Evaluation of a State Regulatory Program

OMB Control #: 1029-0025

Expiration Date: 12/31/2018

Citizen Request for Evaluation of a State Regulatory 

Program

When do we (OSMRE) evaluate the way that a state is administering, 

implementing, maintaining, or enforcing its approved regulatory 

program?

States with an approved regulatory program have an obligation under 30 

CFR 733.11 to implement, administer, enforce, and maintain that program in 

accordance with both (1) the provisions of the approved program and (2) 

those provisions of SMCRA and the federal regulations that apply even after 

approval of a state program. 

Under 30 CFR 733.12(a)(1), we must evaluate the administration of each 

approved state program at least once per year. The OSMRE field office 

responsible for conducting oversight of each state program prepares an 

annual evaluation report describing oversight activities and the findings of 

the evaluation. You can review those reports at http://odocs.osmre.gov/.

In addition, 30 CFR 733.12(a)(2) provides that any interested person may 

request that we conduct an evaluation of an approved state regulatory 

program. We will conduct a special evaluation of the state program if we 

grant that request.

How may I submit a request for evaluation of a state program?

You must provide a statement explaining why you believe that there is a 

need for an evaluation of the state program. The statement need not be 

lengthy, but it must identify the provision or provisions of the approved state 

program that you believe the state is not properly implementing, 

administering, enforcing, or maintaining. You also must document how the 

state is not effectively implementing, administering, enforcing, or 

maintaining its approved program. 

Examples of documentation include, but are not limited to, photographs of 

uncorrected offsite environmental damage caused by mining operations, 

copies of water sample analyses demonstrating ongoing adverse impacts of 
3 OSMRE Citizen Request for Evaluation of a State Regulatory Program

the operation, or correspondence with the state regulatory authority 

indicating an intent not to comply with a provision of the approved program. 

For example, if you allege that the state is not taking enforcement action for 

violations of effluent limitations, you should submit copies or logs of water 

monitoring reports documenting the violations. Similarly, if you allege that 

the state is not requiring restoration of the approximate original contour, 

you should submit photos and, if available, topographical maps supporting 

the allegation.

Send your request to the appropriate OSMRE Regional Director, preferably 

with a copy to the appropriate local OSMRE Area Office. 

We encourage you to work with the state regulatory authority to resolve the 

problem at the state level, if possible, before requesting that we evaluate 

the state program. Also, if your allegation pertains only to one permit, we 

recommend that you first submit a citizen complaint to the state regulatory 

authority. If you are dissatisfied with the outcome of the complaint process, 

you may submit a complaint to the appropriate local OSMRE office, using the 

information at 

http://www.osmre.gov/resources/InformationFor/citizens/InspectionRequest

.shtm

How will we process your request?

Upon receipt of your request, we will review your allegations, the 

documentation that you submit, and all other available information. We will 

then notify you of our decision to either grant or deny your request, together 

with the rationale for our decision. We will endeavor to complete this 

process within 60 days of receipt of your request. 

What will happen if we grant your request?

If we grant your request, we will conduct an evaluation of how the state is 

implementing, administering, enforcing, or maintaining the provision or 

provisions of the state program to which your request pertains. 

If, as a result of that evaluation, we determine that there is reason to 

believe that the state is not effectively implementing, administering, 

maintaining, or enforcing any part of the approved state program, the 

Director will send a letter to the state explaining the problems and specifying 

a time within which the state must resolve them. 

The state may request an informal conference within 15 days after 
4 OSMRE Citizen Request for Evaluation of a State Regulatory Program

expiration of the time for resolution specified in the Director’s letter.

We will terminate the action if the problems are resolved. Otherwise, the 

Director will notify the state and the public and hold a public hearing within 

30 days of either the date specified in the letter or any modified date 

established pursuant to the informal conference.

If, after the public hearing, we find that the state has not demonstrated its 

intent to implement or enforce all or part of its program, the Director either

will—

1. Recommend that the Secretary of the Interior withdraw approval of 

the state program, in whole or in part, or

2. Substitute direct Federal enforcement of all or part of the state 

program.

In either case, we must provide public notice of the decision and implement 

direct Federal enforcement of the state program effective upon the date of 

public notice of the decision.

After receiving the Director’s recommendation, the Secretary either will 

withdraw approval of the state program in whole or in part or instruct the 

Director to continue direct Federal enforcement. If the Secretary withdraws 

approval of the state program in whole or in part, the Director must initiate 

action to institute a Federal program for the state.

Do I have any recourse if we deny your request?

Yes, you may appeal the decision to the Interior Board of Land Appeals in 

accordance with 43 CFR 4.1280 through 4.1286.

PAPERWORK REDUCTION STATEMENT

The Paperwork Reduction Act of 1995 (44 U.S.C. 3501) requires us to inform you that: Federal Agencies may not 

conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a 

currently valid OMB control number. This information is necessary when an interested person requests that we 

conduct an evaluation of an approved state regulatory program. We will conduct a special evaluation of the state 

program if we grant that request.
5 OSMRE Citizen Request for Evaluation of a State Regulatory Program

Public reporting burden to follow these instructions is estimated to average 60 hours, including time for reviewing 

instructions, gathering and maintaining data, and completing and reviewing the form. You may direct comments 

regarding the burden estimate or any other aspect of these instructions to the Information Collection Clearance 

Officer, Office of Surface Mining Reclamation and Enforcement, Room 203 SIB, Constitution Ave., NW, 

Washington, D.C. 20240.