Office of Surface Mining

Reclamation and Enforcement

U.S. Department of the Interior

www.OSMRE.gov

FY 2019

Annual Report
An alternative to the print version (this version) of the Office of Surface Mining 

Reclamation and Enforcement’s FY 2019 Annual Report is available to comply with 

Section 508 of the Rehabilitation Act for accessibility needs. The alternative version 

is available from https://www.osmre.gov/resources/annual-reports or by contacting:

Office of Communications

Mail Stop 4526

1849 C Street, NW

Washington, DC 20240

(202) 208-2565

getinfo@osmre.gov

Conflict of Interest Reporting under the Surface Mining Control and 

Reclamation Act of 1977

Federal and state employees who perform functions or duties under SMCRA are precluded from 

having financial interests in underground or surface coal mining operations. During FY 2019, OSMRE 

did not identify any, nor take any actions for, violations of these or related conflict of interest 

provisions.

Table of

CONTENTS

About the Office of Surface Mining 1 Reclamation and Enforcement

Highlights Fiscal Year 2019

Abandoned Mine Land Program

Regulatory Program

Technology Development and 

Transfer Program

Fiscal Year 2019 Tables

6

14

24

32

38

Office of Surface Mining

Reclamation and Enforcement FY 2019 Annual Report
About the

OFFICE OF SURFACE MINING

RECLAMATION AND ENFORCEMENT

The Office of Surface Mining Reclamation and Enforcement 

(OSMRE) is a bureau within the United States Department of the 

Interior. OSMRE is responsible for establishing a nationwide program 

to protect society and the environment from the adverse effects of 

surface coal mining operations, under which OSMRE is charged with 

balancing the nation’s need for continued domestic coal production 

with protection of society and the environment.

OSMRE was created when Congress enacted the Surface Mining 

Control and Reclamation Act of 1977 (SMCRA). OSMRE works 

with states and tribes to ensure that citizens and the environment are 

protected during coal mining and that the land is restored to beneficial 

use when mining is finished. OSMRE and its partners are also 

responsible for reclaiming and restoring lands and water degraded by 

mining operations before August 3, 1977.

In its beginning, OSMRE directly enforced mining laws and 

arranged cleanup of abandoned mine lands. Today, most coal states 

have developed their own programs to do those jobs themselves, 

as Congress envisioned. OSMRE focuses on overseeing the state 

programs and developing new tools to help the states and tribes get the 

job done.

OSMRE also works with colleges and universities and other state and 

federal agencies to further the science of reclaiming mined lands and 

protecting the environment, including initiatives to promote planting 

more trees and establishing much-needed wildlife habitat.

Mission Statement

The mission of OSMRE is to carry out the requirements of SMCRA 

in cooperation with states and tribes. OSMRE’s primary objectives 

are to ensure that coal mines are operated in a manner that protects 

citizens and the environment during mining and assures that the 

land is restored to productive use following mining, and to mitigate 

the effects of past mining by aggressively pursuing reclamation of 

abandoned coal mines.

Fiscal Year 2019 Budget and Workforce at a 

Glance

• $255.5 million in discretionary funds

• $570.7 million in mandatory funds

• 376 full-time equivalent employees

• Headquartered in Washington with three regional offices

To learn more about OSMRE’s historical budgets, please visit

www.osmre.gov/resources/budget-and-planning.

2 FY 2019 1 Annual Report

Office of Surface Mining 

Reclamation and Enforcement
INTERIOR REGIONS 1 

AND 2

REGIONAL OFFICE

Three Parkway Center

Pittsburgh, PA 15220

(412) 937-2828

INTERIOR REGIONS 

3,4, AND 6 

REGIONAL OFFICE

William L. Beatty Federal Bldg.

501 Belle Street, Room 216

Alton, IL 62002

(618) 463-6460

INTERIOR REGIONS 5, 

7-11

REGIONAL OFFICE

P. O. Box 25065

One Denver Federal Center, 

Building 41

Lakewood, CO 80225

(303) 293-5000

HEADQUARTERS

1849 C Street, NW

Washington, DC 20240

(202) 208-2565

www.osmre.gov

Interior Regions 1 

and 2

PITTSBURGH FIELD 

DIVISION

(Maryland, Massachusetts,

Michigan, Ohio, Pennsylvania, 

Rhode Island)

Three Parkway Center

Pittsburgh, PA 15220

(412) 937-2828

HARRISBURG AREA 

OFFICE

215 Limekiln Rd.

New Cumberland, PA 17070 

(717) 730-6985

CHARLESTON FIELD 

OFFICE

(West Virginia)

1027 Virginia Street, East

Charleston, WV 25301

(304) 347-7158

BECKLEY AREA OFFICE

313 Harper Park Dr.

Beckley, WV 25801

(304) 255-5265

MORGANTOWN AREA 

OFFICE

604 Cheat Road, Suite 150

Morgantown, WV 26508

(304) 291-4004

LEXINGTON FIELD 

OFFICE

(Kentucky)

2675 Regency Road

Lexington, KY 40503-2922

(859) 260-3902

LONDON AREA OFFICE

421 West Highway 80

P.O. Box 1048

London, KY 40741

(606) 878-6440

KNOXVILLE FIELD 

OFFICE

(Georgia, North Carolina,

Tennessee, Virginia)

710 Locust Street, 2nd Floor

Knoxville, TN 37902

(865) 545-4103

Interior Regions 3, 4, 

and 6

ALTON FIELD DIVISION

(Illinois, Indiana, Iowa, 

Missouri)

William L. Beatty Federal Bldg.

501 Belle Street, Room 216

Alton, IL 62002

(618) 463-6460

Birmingham Field Office

(Alabama, Louisiana, 

Mississippi)

Barber Business Park

135 Gemini Circle, Suite 215

Homewood, AL 35209

(205) 290-7282

Tulsa Field Office

(Arkansas, Kansas, Oklahoma, 

Texas)

1645 South 101st East Avenue

Suite 145

Tulsa, OK 74135-6548

(918) 581-6430

Interior Regions 5, 

7-11

DENVER FIELD 

DIVISION

(Alaska, California, Colorado, 

New Mexico, Oregon, Utah)

P.O. Box 25065

One Denver Federal Center, 

Building 41

Lakewood, CO 80225

(303) 293-5026

OLYMPIA AREA OFFICE

(Washington)

Evergreen Plaza Bldg.

711 South Capitol Way, 

Suite 703

Olympia, WA 98501

(360) 753-9538

CASPER FIELD OFFICE

(Idaho, Montana, North Dakota, 

South Dakota, Wyoming, Crow 

Tribe, Northern Cheyenne 

Tribe, Cheyenne River Sioux 

Tribe)

150 East B Street, Room 1018

Casper, WY 82601-1018

(301) 261-6550

Interior Region Boundary Lines

Office of Surface Mining ADDITIONAL OSMRE REGIONAL OFFICES

Reclamation and Enforcement

OFFICE LOCATIONS

4 FY 2019 3 Annual Report

Office of Surface Mining 

Reclamation and Enforcement
Abandoned Mine Land Program

www.osmre.gov/programs/reclaiming-abandoned-mine-lands

The Abandoned Mine Land (AML) Program addresses environmental and 

public safety hazards on pre-SMCRA mine sites. In Fiscal Year (FY) 2019, 

the program made more than $291.2 million in grants available to states and 

tribes.

Regulatory Program

www.osmre.gov/programs/regulating-active-coal-mines

OSMRE’s Regulatory Program implements SMCRA and sets administrative 

and technical standards, performs oversight of and provides assistance to 

State Regulatory Programs (SRP) and administers regulatory programs in 

states that do not have a SRP. In FY 2019, the Bureau’s Regulatory Program 

made available $68.6 million in regulatory grant funding to state and tribal 

regulatory authorities.

Technology Development 

and Transfer Program

www.osmre.gov/programs/technology-and-transfer-program

OSMRE’s Technology Development and Transfer Program (TDT) provides 

technical support, assistance, training, and technology transfer for OSMRE’s 

AML and Regulatory Programs. In FY 2019, the Technology Development 

and Transfer Program received $16.3 million of which $12.8 million was 

provided in regulation and technology funds and $3.5 million was allotted in 

AML funding.

HIGHLIGHTS 

Fiscal Year 2019

6 FY 20195 Annual Report

Office of Surface Mining 

Reclamation and Enforcement
OSMRE, the Environmental Protection Agency, the U.S. Geological 

Survey, the Department of Energy, the National Mining Association, 

and the Interstate Mining Compact Commission created the Acid 

Drainage Technology Initiative (ADTI) in 1995. This program 

provides a forum for collaboration and information exchange through 

a cooperative agreement awarded by OSMRE annually to higher 

education institutions, non-profit organizations, federal and state and 

local governments, and Native American Tribes. Applicants for the 

cooperative agreement may request up to $200,000. The program’s 

primary goal is to develop an understanding of mine drainage to 

predict better, avoid, monitor, and remediate mine drainage.

The program name was changed to the Mine Drainage Technology 

Initiative (MDTI) in FY 2017 to more accurately reflect issues 

associated with both acid and toxic mine drainage.

In FY 2019, OSMRE awarded the MDTI cooperative agreement to the 

University of Pittsburgh titled, Quantifying the geochemical evolution 

of water discharged from a flooded mine pool to optimize mine 

drainage treatment strategies. 

The study will:

• Provide a better understanding of the long-term evolution of mine

drainage chemistry.

• Help to identify adaptive strategies for cost-effective remediation

techniques and technology.

• Identify ways to manage long-term post-mining obligations.

For more information about the program, please visit:

www.osmre.gov/programs/mine-drainage-technology-initiative.

Mine Drainage

Technology Initiative

8 FY 2019 7 Annual Report

Office of Surface Mining 

Reclamation and Enforcement
As part introducing OSMRE 

management, staff, and our state 

and tribal partners to OSMRE’s 

new NEPA Handbook, OSMRE 

facilitated multiple outreach 

opportunities.These included two 

NTTP NEPA training courses 

and presentations at the National 

Association of Abandoned Mine 

Land Programs and the Conference 

of Government Mining Attorneys. 

Also underway were efforts to 

develop the Bureau’s first Advanced 

NEPA training course. These 

outreach opportunities reached 

over 200 NEPA practitioners and 

OSMRE managers.

National Technical Training 

Program (NTTP) NEPA 

Courses Enhanced

10 FY 20199 Annual Report

Office of Surface Mining 

Reclamation and Enforcement
The AML program plays a pivotal role in the restoration of the Nation’s environment while 

improving public safety. During FY 2019, OSMRE responded to an emergency subsidence 

event in Renton, Washington. The pavement above the water line collapsed on South 23rd 

Street. The result of the collapse left a vital 72-inch-diameter water line exposed and in 

immediate danger of failure—a failure which would have been catastrophic for the City of 

Renton.

Multiple factors contributed to establishing this as one of the most challenging and complex 

problems OSMRE faced in Washington state.

• The main water line above the sinkhole is critical, and the pipe’s failure would be

catastrophic.

• The sinkhole and the construction were at the entrance to an elementary school, further

increasing the importance of resolving the emergency. Our work considered school

schedules, including days that school was in session and drop-off and pick-up times for

students via car and bus.

• Mine maps of the underground workings were available, but inconsistencies between

maps necessitated the further exploration of the event.

• OSMRE subcontracted exploratory drilling, geophysical, and downhole camera work, but

the interpretation of the data required significant expertise and judgment.

• Plans and specifications drafted by OSMRE’s contracted architecture and engineering

firm, Hart Crowser, outlined a compaction and permeation grouting program. The team

needed to monitor the amount of grout the underground workings were taking and be

prepared to adjust the field’s design as work progressed.

• There were six buried and multiple tiers of overhead utilities near the sinkhole, including

a fuel line serving the Seattle Tacoma International Airport. Careful exploration and

grout location selections avoided conflicts with those other utilities. It was critical

that no buried utilities were affected by the grouting operation. The team required the

construction contractor, Condon Johnson, to monitor 26 points on buried utilities and the

pavement surface while reclamation work was underway.

• The involvement of multiple stakeholders, including the City of Renton, Seattle Public

Utilities (SPU), Olympic Pipeline, and the Renton School District, proved helpful with

establishing cooperation and community support for the project.

The reclamation consisted of drilling 17 

vertical boreholes to inject compaction 

grouting to depths between 35 and 65 

feet. Over three phases, a low mobility 

compaction grout was injected into the 

boreholes. The grout injections densified 

soils and filled potential subsurface voids 

beneath the SPU water pipeline. The 

contractor then drilled 15 shallower vertical 

boreholes for permeation grouting to fill any 

remaining gaps within the upper 20 feet of 

mine workings beneath the pipe.

Careful monitoring of the grouting 

program allowed OSMRE to adjust grout 

hole locations, pressures, and depths to 

mitigate the potential catastrophe and make 

the area safe again. The 

reclamation work was 

accomplished successfully 

through thorough planning, 

careful monitoring during 

construction, and sound 

judgment and decisive 

action in the field during 

construction. 

OSMRE Emergency Project 

Work: South 23rd Street

Photo: Construction work to remediate the subsidence.

Photo: Construction workers drill bore holes for exploration and to inject filler 

materials.

Background image: An image of the finished emergency reclamation work on South 

23rd Street in Renton, Washington.

12 FY 2019 11 Annual Report

Office of Surface Mining 

Reclamation and Enforcement
ABANDONED MINE LAND

PROGRAM

14 FY 2019 13 Annual Report

Office of Surface Mining 

Reclamation and Enforcement
Restoring Our

LANDS

Title IV of SMCRA requires OSMRE to address environmental, public health, and 

safety hazards posed by past mining practices, including water pollution, acid mine 

drainage, unstable or open mining areas, landslides, and subsidence of underground 

coal mines.

States and tribes may use Abandoned Mine Land (AML) funds to eliminate health, 

safety, and environmental problems caused by past mining practices and improve water 

quality by treating acid mine drainage.

Title IV provides the authority for OSMRE to assess a reclamation fee on coal 

production, and the fee provides most of the funding for the AML Program. SMCRA 

establishes the fee based on the type of mining used to produce the coal, and prescribes 

the formula by which AML funding is distributed. The authority to collect AML 

reclamation fees is slated to expire in 2021, unless it is reauthorized by Congress, as it 

was in 2006.

For complete information on the funding provided to states and tribes, the laws, 

regulations, and policies governing the AML Fund, OSMRE’s projects and initiatives 

under the AML Program, and more, please visit www.osmre.gov/programs/reclaimingabandoned-mine-lands.

FY 2019 AML GRANTS TO

STATES and TRIBES

NATIONAL TOTAL $291,295,810

State/Tribe Amount Allocated

Alabama $ 5,139,869

Alaska $ 2,814,000

Arkansas $ 2,814,000

Colorado $ 3,117,101

Illinois $ 18,678,495

Indiana $ 8,072,975

Iowa $ 2,814,000

Kansas $ 2,814,000

Kentucky $ 18,296,295

Louisiana $ 177,816

Maryland $ 2,814,000

Mississippi $ 102,445

Missouri $ 2,814,000

Montana $ 7,747,222

New Mexico $ 2,814,000

North Dakota $ 2,814,000

Ohio $ 10,285,761

Oklahoma $ 2,814,000

Pennsylvania $ 53,846,935

Tennessee $ 2,814,000

Texas $ 2,515,463

Utah $ 1,362,163

Virginia $ 5,607,813

West Virginia $ 35,754,311

Wyoming $ 87,833,889

Crow Tribe $ 1,211,505

Hopi Tribe $ 588,522

Navajo Nation $ 2,817,230

State/Tribal allocations are rounded to the nearest dollar.

Approximately $10 billion 

worth of unfunded coal 

problems remain in the 

Abandoned Mine Land 

Inventory System’s (e-AMLIS). 16 FY 2019 15 Annual Report

Office of Surface Mining 

Reclamation and Enforcement
AMLER Program

Since FY 2016, Congress has 

funded the Abandoned Mine 

Land Economic Revitalization 

Program (AMLER, formerly 

known as the AML Pilot) through 

annual appropriations. In FY 

2019, the AMLER program 

made $115 million in funding 

available to three Tribal AML 

Programs (Crow Tribe, Hopi 

Tribe, and Navajo Nation) and 

six Appalachian states with the 

highest amount of unfunded 

high-priority coal problems 

(Alabama, Kentucky, Ohio, 

Pennsylvania, Virginia, and West 

Virginia).

FY 2019 Abandoned Mine Land 

Economic Revitalization Program

State/Tribe Amount Allocated

Alabama $ 10,000,000

Kentucky $ 25,000,000

Ohio $ 10,000,000

Pennsylvania $ 25,000,000

Virginia $ 10,000,000

West Virginia $ 25,000,000

Crow Tribe $ 3,333,334

Hopi Tribe $ 3,333,333

Navajo Nation $ 3,333,333

TOTAL FY PROGRAM GRANT 

$115,000,000

Additional information on the 

AMLER program can be found 

in OSMRE’s AMLER Program 

Report.

To read the most recent report, 

please visit www.osmre.gov/

programs/reclaiming-abandonedmine-lands.

OSMRE first recognized outstanding abandoned 

mine land reclamation and 

exemplary reclamation techniques 

in 1992, when it started the 

annual AML Reclamation Awards 

Program. The program mirrors one of 

the objectives of SMCRA to ensure that land 

mined for coal would be restored to beneficial 

use as part of the mining process and that lands 

abandoned without reclamation before the law 

would be reclaimed.

Award Eligibility

AML projects funded wholly or in part and completed by approved state or tribal programs 

are eligible for an award, including coal, non-coal, high-priority, and emergency projects. 

Abandoned mine reclamation completed by citizen groups or other non-state/non-tribal 

organizations are not eligible for these awards. One project may be nominated by each state 

or tribal program each year.

Award Winners

Winning projects represent the nation’s highest achievements in AML reclamation, 

demonstrating innovative reclamation techniques and completing reclamation that results in 

outstanding on-the-ground performance.

OSMRE has traditionally given five awards:

• One national award.

• One award for small projects (restricted to projects receiving less than $1 million in a 

state or tribe that receives less than $6 million annually in AML funding).

• Three regional awards. 

Any entry is eligible for the national award. A list of eligible voters and organizations able to 

submit nominations is located at www.osmre.gov/programs/abandoned-mine-land-awardsprogram.

18 FY 2019 17 Annual Report

Office of Surface Mining 

Reclamation and Enforcement
National Award

Dessecker Mine Project, Ohio

The land owned by the Camp Tuscazoar Foundation and the Boy Scouts contained a 

number of health, safety, property, and general welfare threats from historic mining 

operations, including acid mine drainage, open mine portals, and hazardous equipment 

left in the open. To address the hazards, Ohio’s AML Program sealed the portals, 

eliminated a dangerous highwall, removed hundreds of tons of debris, and preserved 

historically significant mining assets. The state formed a partnership with the 

community to solve many of the AML problems. The result now allows scouts, visitors, 

and people living nearby to enjoy the former mine site safely.

Background image: An overhead view of the mining structures left at the Dessecker 

Mine in Ohio.

Photo: A collapsing portal to the Dessecker Mine in Ohio.

Photo: The old train engine that was used to move coal from inside in the underground mine at the 

Dessecker Mine in Ohio.

Photo: The old train engine restored and repainted on display at the Dessecker Mine in Ohio.

20 FY 2019 19 Annual Report

Office of Surface Mining 

Reclamation and Enforcement
Regional Awards

Roger Cornett Slide, Kentucky

On a rainy Friday night in April 2018, Kentucky received 

a call from a resident concerned about a sudden landslide 

near his home, his rental properties, and a neighbor’s 

house. The landslide brought down tons of mud, trees, 

and old coal, threatening people’s lives and property. 

Kentucky’s quick response abated the threats to the 

residents and the safety of their property.

Narrow Lake Abandoned Mine Land Site 1805, Indiana

A dangerous and large highwall loomed above a road and 

a lake in the Greene-Sullivan State Forest, posing a danger 

to anyone driving, hiking, or fishing near Narrow Lake. 

Indiana’s AML program worked with two sister agencies 

in the Indiana Department of Natural Resources to address 

the AML hazard. The collaborative effort removed almost 

4,000 linear feet of highwall, and the agencies created 

additional cabin areas, built a new boat ramp, constructed 

more than a mile of trails, and added new fish habitat, all 

of which improved recreational opportunities at the site. 

Wise Hill Underground Fire Mitigation, Colorado

One of the biggest underground mine fires in Colorado 

burned for more than 70 years, frustrating repeated efforts 

to contain or extinguish it. After several unsuccessful 

attempts to suffocate it, the fire migrated thousands of 

feet, grew in size, and threatened a nearby coal mine and 

a town. The fire also generated toxic gases and heat that 

could have ignited surface vegetation, potentially leading to 

wildfires. Colorado’s program used methods learned from 

a previous underground mine fire project to mitigate the 

threat and contain the fire deep underground, minimizing 

the danger of wildfire and toxic fumes.

Small Project Award

The award recognizes projects that used less than $1 million in total 

cost and are carried out in states that receive $6 million or less in 

AML funding annually.

Marvel Gob Fire, Alabama

An ongoing mine fire at Alabama’s old Marvel mines caused havoc in 

a small community with surface temperatures reaching as high as 930 

degrees Fahrenheit. More than an acre of gob material was burning, 

generating noxious odors, smoke, and fog. Alabama’s AML program 

put out the fire and reclaimed the site in 50 working days. The 

project is considered small in scale by reclamation standards, but for 

people living nearby, Alabama’s AML Program solved an important 

community concern. 

For project videos of past and present winners, please visit

osmre.gov/programs/abandoned-mine-land-award-winners

Photo: An image of the Roger Cornett landslide in 

Kentucky.

Photo: An image of smoldering coal that was part 

of the Wise Hill underground fire in Colorado.

Photo: An image of the remnants of a highwall at 

the Narrow Lake Abandoned Mine Land site in 

Indiana.

Photo: A photo showing the gob pile at the Marvel Mine in Alabama engulfed in flames during the reclamation work of the site.

22 FY 2019 21 Annual Report

Office of Surface Mining 

Reclamation and Enforcement
REGULATORY 

PROGRAM

24 FY 2019 23 Annual Report

Office of Surface Mining 

Reclamation and Enforcement
Protecting the 

ENVIRONMENT

One of the purposes of SMCRA is to balance the Nation’s need to protect 

the environment from the adverse effects of coal mining with the Nation’s 

use of coal as an energy source. The law directs the Bureau to establish, 

maintain, and update federal standards that a state or tribe must meet 

to administer its coal mining regulatory program. The Bureau also 

provides states and tribes with assistance and consultation needed for 

them to assume primary responsibility—or “primacy”—for regulatory 

activities under SMCRA. When a state or tribe assumes primacy, 

OSMRE transitions to an oversight role, ensuring that the state or tribal 

agency properly implements its regulatory programs. The Bureau retains 

the ability to review regulatory actions and take direct action, including 

enforcement, where authorized and necessary to ensure the state or tribe 

is appropriately implementing its programs. OSMRE is the regulatory 

authority for Federal Program States as well as on Indian lands. To date, 

no Indian Tribe has assumed primacy. 

For more information on the array of programs, initiatives, projects, and 

actions under OSMRE’s Regulatory Program, please visit osmre.gov/

programs/regulating-active-coal-mines.

FY 2019 REGULATORY GRANT AWARDS

NATIONAL TOTAL $68,590,000

State/Tribe Final Allocated State/Tribe Final Allocated

Alabama $ 1,339,397 Missouri $ 202,855

Alaska $ 373,008 Montana $ 2,037,656

Arkansas $ 112,652 Navajo Nation $ 1,800,000

Colorado $ 2,323,844 New Mexico $ 850,109

Crow Tribe $ 575,002 North Dakota $ 996,442

Hopi Tribe $ 403,382 Ohio $ 1,449,935

Illinois $ 3,327,409 Oklahoma $ 1,191,921

Indiana $ 1,607,189 Pennsylvania $ 13,174,069

Iowa $ 43,875 Texas $ 2,915,349

Kansas $ 77,542 Utah $ 2,544,453

Kentucky $ 13,497,278 Virginia $ 3,670,097

Louisiana $ 197,378 West Virginia $ 10,488,404

Maryland $ 901,705 Wyoming $ 2,267,784

Mississippi $ 221,265

OSMRE provides matching funding in the form of 

regulatory grants to primacy states up to 50 percent 

of the cost of their regulatory programs. Indian 

Tribe’s can receive 100 percent of the funds 

neccessary to develop a regulatory program.

26 FY 2019 25 Annual Report

Office of Surface Mining 

Reclamation and Enforcement
Recognizing Exemplary

Reclamation

The Excellence in Surface Coal Mining Reclamation Awards are 

presented to coal mining companies that achieve the most exemplary 

coal mine reclamation in the nation. Past winners have demonstrated 

a commitment to sound mining practices and effective reclamation 

plans that enhanced beneficial postmining use of the land. OSMRE 

has honored high-quality coal mine reclamation since 1986.

Award Eligibility

Surface coal mining and reclamation operations conducted under 

a Title V permit (1978 - present) are eligible for nomination. Also, 

non-permitted mining and reclamation completed using Government 

Financial Reclamation Contracts under the Enhanced Abandoned 

Mine Land (AML) regulations are also eligible for nomination. AML 

reclamation projects carried out exclusive of active mining are not 

included in this program. AML projects 

integrated with Title V permitted operations 

are eligible for an award.

Award Winners

Award winners are recognized for developing 

innovative reclamation techniques or have 

completed reclamation that resulted in 

outstanding on-the-ground performance. 

The awards program is designed to help state 

and federal regulators transfer exceptional 

reclamation methods and techniques from 

award-winning operations to other coal 

mine operators who work under SMCRA 

nationwide.

Inspections

Federal 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 review of regulatory actions and inspections of mine sites remain among the 

most effective ways to determine if a state’s mining law is properly implemented. 

In FY 2019, states performed 23,530 complete and 38,242 partial mine 

inspections. OSMRE completed 562 partial and 404 complete inspections in its 

Federal and Indian Lands Programs.

Background image: Two OSMRE employees conducting water quality sampling and inspection.

28 FY 2019 27 Annual Report

Office of Surface Mining 

Reclamation and Enforcement
National Awards

Peabody Midwest Mining, LLC, Vermilion Grove Mine, Ridge Farm, Illinois

The mine’s use of a filter press to de-water slurry generated from a coal preparation plant 

allowed for increased compaction levels, a smaller footprint of refuse area reclamation, and 

allowed for recovery of water in the plant. Additionally, the company employed techniques 

such as layering clay, subsoil, and topsoil to total four feet of cover material. This method 

allowed for the successful implementation of postmining land uses of herbaceous wildlife 

cover and high-capability cropland adjacent to the slurry impoundment. These techniques 

can be transferred to other sites where water resources are limited and land is costly.

Peabody Western Coal Company, Kayenta Mine, Black Mesa, Arizona

The judges cited Peabody’s Kayenta mine for its utilization of geomorphic reclamation, 

sinuous drains, and multiple sub-watersheds to achieve postmining land uses of rangeland 

grazing, wildlife habitat, and cultural plant habitat. As part of the cultural planting, the 

reclamation team included a cultural seed mix for Navajo and Hopi medicine men.

Good Neighbor Awards

Navajo Transitional Energy Company, North American Coal Company – Bisti Fuels, 

Navajo Mine, Fruitland, New Mexico

This Navajo Nation owned mine was nominated for its commendable work within the Navajo 

community. Citing high unemployment and poverty, the company invested in the community 

in several ways, including:

ICG Tygart Valley, Leer Mine Complex, 

Grafton, West Virginia

ICG nominated the Leer Mine Complex as 

a Good Neighbor for its efforts to reduce 

noise and visibility of the mining operations. 

Newly installed centrifugal fans inside 

sound-insulated buildings reduced noise 

levels to the extent that previously concerned 

patrons at an adjacent golf course did not 

know the new fans were in operation. 

Surrounding trees were left in place and a 

winding access road reduced visibility of 

the site. The company also practices good neighbor policies, providing sports scholarships, 

hosting Relay For Life events, giving away Christmas presents to school children, donating 

to food drives, and numerous other community outreach events. ICG Tygart Valley is owned 

by Arch Coal.

For project videos of past and present winners, please visit

www.osmre.gov/programs/excellence-in-surface-coal-mining-reclamation-winners

Photo: Two men on horseback ride along the reclaimed area at the 

Kayenta Mine.

Photo: A panoramic view of the reclaimed Vermilion Grove Mine.

Photo: Volunteers serving food at a community event sponsored by 

ICG Tygart Valley in West Virginia.

Photo: The exterior of the building where the mine operators have 

established a STEM program to support students in the community.

• Supporting a post-secondary education

program at the Bond Wilson Technical

Center.

• Developing a STEM career event at local

schools.

• Creating a teacher workshop.

• Funding internship and scholarship

programs.

• Creating a seminar series at a local college.

• Coordinating with academia to create a new species of plant that is adapted to harsh New

Mexican deserts.

• Hosting tours and other educational outreach events.

Photo: A woman is examining plants at the Kayenta Mine.

Photo: An overhead view of water features at the Vermilion Grove 

Mine.

30 FY 2019 29 Annual Report

Office of Surface Mining 

Reclamation and Enforcement
TECHNOLOGY DEVELOPMENT

and TRANSFER PROGRAM

32 FY 2019 31 Annual Report

Office of Surface Mining 

Reclamation and Enforcement
As part of OSMRE’s mandate under SMCRA, the Bureau provides technical support, 

assistance, and training to state and tribal surface coal mining programs. The Technology 

Development and Transfer Program covers a range of activities that promote and utilize 

technological innovations that better protect the environment during mining and in 

reclaiming active and abandoned mines.

OSMRE also provides training that ensures that states, tribes, and the Bureau’s other partners 

continue to administer their surface mining programs efficiently and effectively. In FY 2019, 

the Technology Development and Transfer Program received $16.345 million.

For more information on OSMRE’s Technology Development and Transfer Program, visit 

www.osmre.gov/programs/technology-and-transfer-program.

National Technical Training Program

One of the ways that OSMRE balances coal production with environmental protection is 

by providing resources for technical assistance and training through the National Technical 

Training Program (NTTP).

The NTTP provides training related to permit approval, bond release, reclamation, 

and enforcement within the technical disciplines of engineering, hydrology, blasting, 

agronomy, and botany. The NTTP may also advance technical solutions developed during 

benchmarking workshops. In total, NTTP provided training classes for 609 students during 

FY 2019 in 10 states and 23 locations.

Technical 

Innovation and 

Professional 

Services

The Technical Innovation and Professional 

Services (TIPS) is a national service by OSMRE that provides off-theshelf scientific and engineering modeling software to state, tribal, and 

federal offices that administer SMCRA. TIPS also delivers comprehensive 

instructor-led and online training courses in the use of those tools. The 

trainings developed in-house by state, tribal, and OSMRE experts are 

customized to mining and reclamation applications.

The goal of 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 provided are 

centered around commercial scientific and engineering computer hardware 

and software supported by OSMRE in partnership with the states and 

tribes. This technical assistance grew from a few applications available on 

a single specially designed shared workstation to a software suite available 

for use on desktop computers.

TIPS also provides commercial software applications to state, tribal, and 

OSMRE offices at considerable cost savings by sharing the commercial 

licenses for the software via the Internet and the OSMRE Wide Area 

Network. Thirty commercially available software applications cover a 

wide range of regulatory and abandoned mine land subjects. The customer 

base continues to include over 100 state, tribal, and OSMRE office 

locations throughout the country totaling nearly 2,000 users.

Photo: OSMRE staff demonstrates the use of new technology to perform inspections.

For more information about NTTP courses, please visit

www.osmre.gov/programs/national-technical-training-program

34 FY 2019 33 Annual Report

Office of Surface Mining 

Reclamation and Enforcement
 Photo: A cluster of Gray bats.

Three bat species protected under the Endangered Species Act may be potentially encountered at mine sites:

• Indiana bats.

• Northern long-eared bats.

• Gray bats.

To ensure the protection of endangered and threatened bat species, OSMRE works closely with our state regulatory 

agency partners and the U.S. Fish and Wildlife Service to ensure mining activities do not negatively impact federally 

listed bats that are present at a mine site. Through this work, and partnerships with other federal and state agencies, 

OSMRE helps develop guidelines and best practices for protecting threatened and endangered bats on mine lands.

Explore the interactive map of the U.S. coal fields and species ranges and learn more about how OSMRE works to 

protect bats here: www.osmre.gov/programs/bat-conservation-and-mining.

The TIPS suite of engineering, scientific, database, and mapping core software aids the 

technical decision-making associated with: 

• Conducting reviews of permits.

• Performing cumulative hydrologic impact assessments.

• Quantifying potential effects of coal mining.

• Preventing acid mine drainage.

• Quantifying subsidence impacts.

• Measuring revegetation success.

• Assisting in the design of abandoned mine lands projects.

• Providing the scientific basis for environmental assessments and environmental impact

statements.

Demand for TIPS tools and support continues to increase each year, especially in the demand 

for geospatial data and mobile computing tools for field use. TIPS also offers training to 

accommodate the use of mobile computing devices by inspectors. Mobile computing allows 

inspectors to be more efficient, which, in turn, raises the quality and quantity of inspections. 

TIPS has also begun an effort to make satellite and aerial imagery available nationwide 

through a centralized server accessible from any state, tribal, or OSMRE office.

For more information on OSMRE’s Technology Innovation and Technical Services, visit: 

www.osmre.gov/programs/technical-innovation-and-professional-services.

Photo: Applied science programs research plant growth in various soil conditions.

Protecting Endangered Bat Species

36 FY 2019 35 Annual Report

Office of Surface Mining 

Reclamation and Enforcement
FISCAL YEAR

2019 TABLES

Rhinos and deer at The Wilds in Ohio. The project sits on 

reclaimed abandoned mine lands, and through the efforts 

of the Columbus Zoo, is home to several endangered or 

threatened species. OSMRE and The Wilds collaborated 

on several mining and reclamation related research 

projects to help enhance conservancy efforts.

38 FY 2019 37 Annual Report

Office of Surface Mining 

Reclamation and Enforcement
Table 1: FY 2019 Abandoned Mine Land Funding (Cash Basis)

State/Tribe

AML 

Collections1

State Share 

Distribution

Historic 

Coal 

Distribution

Minimum 

Program 

Distribution

Certified 

In Lieu 

Distribution2

Total 

Mandatory 

Distribution

Emergency 

Distribution3

Alabama $1,938,661 $909,232 $4,230,637 $0 $0 $5,139,869 $0

Alaska $242,808 $113,877 $45,651 $2,654,472 $0 $2,814,000 $0

Arkansas $0 $0 $351,742 $2,462,258 $0 $2,814,000 $0

Colorado $2,250,119 $1,055,306 $2,061,795 $0 $0 $3,117,101 $0

Illinois $6,408,279 $3,005,483 $15,673,012 $0 $0 $18,678,495 $0

Indiana $6,333,333 $2,970,333 $5,102,642 $0 $0 $8,072,975 $0

Iowa $0 $0 $1,238,828 $1,575,172 $0 $2,814,000 $0

Kansas $0 $0 $1,004,269 $1,809,731 $0 $2,814,000 $0

Kentucky $6,259,597 $2,935,751 $15,360,544 $0 $0 $18,296,295 $0

Louisiana $119,820 $0 $0 $0 $177,816 $177,816 $0

Maryland $310,809 $145,770 $995,359 $1,672,871 $0 $2,814,000 $0

Mississippi $218,431 $0 $0 $0 $102,445 $102,445 $0

Missouri $71,063 $33,328 $1,212,586 $1,568,086 $0 $2,814,000 $0

Montana $8,114,981 $0 $0 $0 $7,747,222 $7,747,222 $0

New Mexico $1,894,862 $888,691 $501,249 $1,424,060 $0 $2,814,000 $0

North Dakota $2,406,587 $1,128,689 $641,645 $1,043,666 $0 $2,814,000 $0

Ohio $1,445,635 $678,002 $9,607,759 $0 $0 $10,285,761 $0

Oklahoma $146,708 $68,806 $722,309 $2,022,885 $0 $2,814,000 $0

Pennsylvania $6,788,880 $3,183,985 $50,662,950 $0 $0 $53,846,935 $0

Tennessee $30,021 $14,079 $1,774,574 $1,025,347 $0 $2,814,000 $0

Texas $2,767,958 $0 $0 $0 $2,515,463 $2,515,463 $0

Utah $1,833,536 $859,928 $502,235 $0 $0 $1,362,163 $0

Virginia $1,904,438 $893,181 $4,714,632 $0 $0 $5,607,813 $0

Washington $0 $0 $0 $0 $0 $0 $0

West Virginia $14,151,941 $6,637,260 $29,117,051 $0 $0 $35,754,311 $0

Wyoming $81,593,588 $0 $0 $0 $87,833,889 $87,833,889 $0

Crow Tribe $1,085,379 $0 $0 $0 $1,211,505 $1,211,505 $0

Hopi Tribe $656,205 $0 $0 $0 $588,522 $588,522 $0

Navajo 

Nation $2,154,209 $0 $0 $0 $2,817,230 $2,817,230 $0

Total $151,127,846 $25,521,701 $145,521,469 $17,258,548 $102,994,093 $291,295,811 $0

Total figures above have been adjusted for rounding.

AML Fee Collections in Table 1 are reported on a cash basis (recognition of revenue when received) and may not tie to OSMRE’s 

financial statement as these include other amounts.

AML fees are allocated to “pools” upon collection for later distribution. Annual distributions, are calculated based on SMCRA, except 

for the Emergency Distribution, which is based on state estimates approved by the OSMRE Director. The distribution above is after 

sequestration.

1

 This column represents AML fees collected during the AML FY 2018 (Dec 1st to Nov 30th), regardless of when they were reported to 

OSMRE. These amounts are the basis for the FY 2019 Distribution.

2

 The Certified In Lieu Distribution is also funded by the U.S. Treasury for the certified states’ “state share balance.”

3

 The Emergency Distribution amounts are distributed from AML appropriated funds; therefore, they are not included as part of the Total 

Mandatory Distribution.

Data Source: Financial Business Management System (FBMS) and the Grant Distribution

Table 2: FY 2019 AML Fund Status

(dollars in thousands) FY 2019 FY 2018

Balance, Start of Year $ 2,971,842 $ 2,937,670 

AML Appropriated Pilot Funds 115,000 115,000 

Fees, debts, and interest collected 147,513 155,523 

Net Investment Activity 59,335 49,236 

Total Earnings 321,849 319,759 

Less:

Disbursements/Recission 218,369 239,329 

Transfers to the Combined Benefit Fund 54,321 46,257 

Total Disbursements and Transfers 272,690 285,586 

Balance, End of the Year 3,021,001 2,971,842 

Total figures above have been adjusted for rounding.

Note: The information presented in this table is on a cash basis, and therefore, will not reconcile to accrual 

based financial data presented elsewhere in this report.

Data Source: Financial Business Management System (FBMS)

40 FY 2019

Annual Report
Table 4: FY 2019 Abandoned Mine Land Grants1

 to Primacy States 

and Indian Tribes

State/Tribe Administration2 Project Costs3

AMD

Set-Aside4

NonReclamation 

Activity Costs5 2019 Total 2018 Total

Alabama 830,947 3,075,336 1,541,961 - 5,448,244 12,287,884

Alaska 306,965 2,518,014 - - 2,824,979 2,827,377

Arkansas 199,155 4,586,655 - - 4,785,810 5,383,005

Colorado 1,426,798 1,690,303 - - 3,117,101 6,945,231

Illinois 1,573,611 35,600,694 5,600,000 - 42,774,305 18,425,724

Indiana 944,004 7,304,835 2,421,893 - 10,670,732 10,962,341

Iowa 299,636 2,514,364 - - 2,814,000 2,802,000

Kansas 465,520 2,348,480 - - 2,814,000 2,802,000

Kentucky 1,824,300 16,540,458 - - 18,364,758 19,089,856

Louisiana 142,258 - - 35,000 177,258 261,188

Maryland 628,171 1,365,784 1,000,000 - 2,993,955 3,554,822

Mississippi 233,285 211,632 - - 444,917 0

Missouri 223,100 2,631,126 124,592 - 2,978,818 6,576,618

Montana 502,914 7,469,154 - - 7,972,068 7,876,613

New Mexico 1,780,371 7,776,620 - - 9,556,991 2,802,000

North Dakota 402,186 2,411,814 - - 2,814,000 2,934,881

Ohio 3,547,982 7,761,351 - - 11,309,333 11,916,396

Oklahoma 400,000 3,009,293 - - 3,409,293 2,802,000

Pennsylvania 2,562,378 54,246,908 6,000,000 - 62,809,286 69,471,485

Tennessee 399,322 2,034,511 536,595 - 2,970,428 5,032,500

Texas 489,534 2,825,929 - - 3,315,463 2,287,150

Utah 619,142 743,021 - - 1,362,163 2,802,000

Virginia 1,033,278 4,949,355 - - 5,982,633 6,269,452

West Virginia 6,497,408 18,530,610 10,726,293 - 35,754,311 58,970,817

Wyoming 2,099,867 87,814,661 - - 89,984,528 91,532,184

Crow Tribe 255,316 94,186 - 862,003 1,211,505 1,160,946

Hopi Tribe 588,522 - - - 588,522 551,961

Navajo Nation 1,490,276 1,326,953 - - 2,817,229 2,955,998

TOTAL $31,766,246 $281,382,047 $27,951,333 $897,003 $342,066,630 $361,284,430

The figures in Table 4 have been adjusted for rounding.

No emergency funding was provided among these states during FY 2019.

Wyoming was the only state to receive funding for subsidence insurance during FY 2019 in the amount of $70,000.

1 Grants awarded were funded using the FY 2019 Distribution, carryover, and/or funds recovered from prior years. Decreases of 

prior year awards are not included. Therefore, these numbers will not tie to the FY 2019 Mandatory Distribution in Table 1.

2 Included in this category are costs for program support (personnel, budgeting, procurement, etc.), AML inventory management, 

and program policy development. Indirect costs associated with the administration of the program may also be included. 

3 The term “Project Costs” is now used instead of “Construction.” This category contains non-water supply, water supply, and noncoal projects.

4 Acid Mine Drainage set-aside are funds set aside in a trust account for use towards Acid Mine Drainage abatement and treatment.

5 This category contains non-reclamation activity costs that certified states can use from U.S. Treasury funds.

Data Source: Financial Business Management System (FBMS)

Table 3: Abandoned Mine Land Inventory Costs

FY 2019

Completed $4.32 billion 28%

Funded $0.63 billion 4%

Unfunded $10.6 billion 68%

TOTAL $15.55 billion 100%

This table includes all coal and non-coal problems (Priority 1, 2, 3, 4, 5, B, F, and H) as well as non-mining 

activities. It does not include AML Pilot Program projects.

Data Source: eAMLIS

42 FY 2019 41 Annual Report

Office of Surface Mining 

Reclamation and Enforcement
Table 5a: Abandoned Mine Land Reclamation (1978-2019)

Priority 1 and 2 (Protection of Public Health and Safety) and Emergency Projects Elevated Priority 3 Projects1

State/Indian 

Lands

Clogged 

Streams

Clogged 

Stream Lands

Dangerous 

Highwalls

Dangerous 

Impoundments

Dangerous 

Piles & 

Embankments

Dangerous 

Slides 

Dangerous 

Gases 

Hazardous 

Equipment & 

Facilities 

Hazardous 

Water Bodies 

Industrial/

Residential 

Waste 

Portals 

Polluted Water: 

Agriculture & 

Industrial

Polluted 

Water: Human 

Consumption 

Subsidence 

Surface 

Burning 

Underground 

Mine Fires

Vertical 

Openings 

Bench*

Equipment / 

Facility*

Gobs*

Highwall*

Haul Road*

Mine 

Opening*

Pits*

Slump*

Slurry*

Spoil Area*

Water 

Problems*

Alabama 2 198 370198 1 137 21 1 491 90 26 1094 11 15 97 49 0 430 0 0 28 7919 10 4 87 0 0 1919 51

Alaska 0 0 12770 4 8 0 0 1655 2 4 8 0 0 1 67 0 18 0 0 0 0 0 0 0 0 0 0 0

Arkansas 2 0 77283 1 414 0 0 3 95 45 25 2 0 25 4 0 98 0 0 0 0 0 0 0 0 0 87 0

California 0 0 0 0 0 0 0 0 0 0 34 0 0 0 0 0 42 0 0 0 0 0 0 0 0 0 0 0

CERT Tribes 2 0 0 7675 0 519 0 0 6 32 9 74 0 0 44 0 3 18 0 0 0 0 0 0 0 0 0 22 0

Colorado 600 0 57402 0 175 17 1 3 698 31 581 7 0 946 28 291 422 0 0 31 0 0 2 12 0 0 4 8

Crow Tribe 0 1 1915 1 55 22 0 32 1 0 15 3 0 16 0 0 5 0 0 0 0 0 0 0 0 0 0 0

Georgia 0 0 13200 2 0 0 0 0 0 0 112 0 1 0 0 0 11 0 0 0 0 0 0 0 0 0 0 0

Hopi Tribe 0 0 11662 0 0 0 0 8 0 0 9 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0

Illinois 27 1879 86126 8 618 5 27 470 17 79 182 49 58 266 123 0 1427 0 6 391 10 36 2 46 3 136 35 256

Indiana 11 39 214986 8 377 5 5 111 2 42 66 14 45 131 15 0 1433 0 3 453 0 44 0 10 0 253 381 571

Iowa 24 1304 112357 10 1100 1 0 5 38 531 1 20 4 39 0 0 26 0 1 0 16351 4 0 33 0 0 167 747

Kansas 0 29 245311 3 111 8 0 2 1 31 0 3 0 51 13 0 2306 0 0 0 0 0 0 0 0 0 482 0

Kentucky 50 8156 39759 127 784 2655 1 289 61 27 3042 6 19039 63 251 63 230 0 0 0 0 0 0 0 0 0 0 0

Maryland 264 72 44680 6 274 114 1 27 21 35 53 140 127 15 1 2 9 0 0 0 0 0 0 0 0 0 0 442

Michigan 0 0 950 0 0 0 0 7 2 0 0 0 1 0 7 0 89 0 1 0 0 0 0 0 0 0 0 0

Mississippi 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0

Missouri 11 1567 104664 6 893 0 0 28 44 74 36 66 15 6 19 7 138 2 9 152 22644 2 1 79 0 69 1062 73

Montana 10 12 7910 3 83 0 0 198 0 20 729 19 291 875 307 82 435 0 0 0 0 0 0 0 0 0 0 0

Navajo Nation 0 0 3955 1 1 7 0 4 0 0 193 0 0 14 3 7 8 0 0 0 0 0 0 0 0 0 0 0

New Mexico 2 2 0 0 46 0 0 16 0 0 265 3 1 71 35 32 85 0 1 48 0 28 9 0 0 0 0 0

North Dakota 0 0 192503 4 317 35 0 14 18 2 13 6 0 1366 21 0 17 0 0 0 0 0 0 0 0 0 0 0

Ohio 38 5665 111000 15 123 582 5 86 34 34 491 53 342 231 173 3 309 0 0 0 1330 0 1 3 0 0 17 0

Oklahoma 15 1 319243 0 0 0 0 18 260 27 200 6 3 28 4 0 187 0 11 0 0 0 1 2 0 0 632 0

Oregon 0 0 0 0 0 0 0 3 0 0 16 0 0 0 0 0 5 0 0 0 0 0 0 0 0 0 0 0

Pennsylvania 149 300 1385202 22 1069 170 7 420 141 42 392 29 3300 2860 216 8396 1374 0 0 0 0 0 0 0 0 0 0 0

South Dakota 0 0 135 0 0 0 0 4 0 0 5 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0

Tennessee 2 147 123453 3 534 50 0 31 140 17 193 7 210 5 28 0 12 0 0 0 15329 0 0 19 0 0 198 1

Texas 0 0 3285 0 1074 0 0 0 10 0 5 0 0 17 0 0 6 0 0 0 0 0 0 0 0 0 0 0

Utah 14 10 3425 1 147 3 19 163 0 2 544 3 0 7 44 23 24 0 1 18 0 0 3 0 0 0 0 0

Virginia 76 913 34871 84 272 422 1 270 2 2 1255 0 7554 21 58 0 162 0 3 35 4000 0 5 0 3 0 0 1

Washington 0 0 0 0 3 0 0 7 0 0 37 0 0 24 15 0 208 0 0 0 0 0 0 0 0 0 0 0

West Virginia 1247 173 392906 1956 5518 715 11 748 30 45 3493 88 26265 613 552 37 221 39 1 28 11678 0 10 1 24 0 64 481

Wyoming 14 458 36909 6 870 25 0 143 3 12 494 3 0 1416 39 156 296 0 0 0 0 0 0 0 0 0 0 0

TOTAL 2556 20924 4015734 2272 15518 4856 79 5261 1742 1137 13658 538 57270 9255 2071 9102 10060 41 37 1183 79261 123 38 291 31 458 5069 2631

Idaho and Rhode Island do not have any reported Priority 1, 2, or 3 projects during this timeframe. North Carolina reported five vertical openings during the reporting timeframe.

1

 Denotes Priority 3 AML problems (restoration of land and water resources and the environment) that were treated as higher priorities because of associations with Priority 1 or 2 problems areas.

2

 CERT is the Council of Energy Resources Tribes: Blackfeet, Cheyenne River Sioux, Fort Berthold (Mandan, Hidatsa, Arikira), Fort Peck (Assiniboine and Sioux), Northern Cheyenne, Jicarilla Apache, Laguna Pueblo, Rocky Boys (Chippewa and Cree), San Carlos Apache, Southern Ute, Uintah and Ouray, Ute Mountain 

Ute,White Mountain Apache, and Wind River (Arapaho and Shoshone).

Statistics include State, but not OSMRE, emergency AML project accomplishments.

Table includes AML projects funded through Coal Interim Site Funding, Clean Streams Initiatives, Coal Insolvent Surety Site Funding, Federal Reclamation Program Funding, Non-Coal, Pre-SMCRA Grants Funding, State Acid Mine Drainage Set-Aside, State Emergencies, State Future Reclamation Set-Aside Funding, and 

Watershed Cooperative Agreements projects. 

Data Source: eAMLIS 
Table 5b: Abandoned Mine Land Reclamation

Accomplishments (1978-2019)

 Priority 3 Coal and Non-Coal Problems (Environmental Restoration) 

 State/Indian 

Lands 

 Bench 

 Equipment/

Facility 

 Gobs 

 Haul Road 

 Highwalls 

 Industrial/

Residential 

Waste 

 Mine 

Openings 

 Pits 

 Slump 

 Slurry 

 Spoil Area 

 Water 

Problems 

 Alabama 23 8 219 2 30,235 15 48 0 9 9 8,307 328 

 Alaska - 2 2 - - - - 3 25 - 51 - 

 Arkansas - - - - - - 22 8 - - 202 165 

 California - - 2 - - - - - - - - 50 

 CERT Tribes1 - 2 4 - 1,500 - 1 7 - - 80 - 

 Colorado 3 7 155 - 2,028 34 12 106 - - 177 - 

 Crow 6 - 37 12 2,245 - 2 38 4 0 55,199 - 

 Georgia 3 - 3 - 1,400 - - 5 - - 7 - 

 Hopi Tribe - - 25 15 51 - - 10 - - 10 - 

 Illinois 1 171 2,317 210 11,520 6 75 586 2 963 1,940 2,690 

 Indiana - 253 1,599 284 8,646 67 10 563 238 1,122 1,929 461 

 Iowa - - 1 6 6,022 2 2 42 - - 511 5 

 Kansas - 1 89 - 3,200 - - 23 - 10 79 - 

 Kentucky 562 61 251 0 2,240 - 71 4 5 66 836 60 

 Maryland 10 2 46 2 6,085 3 19 22 1 - 254 205 

 Michigan - 1 23 1 - 1 - 13 - - 10 - 

 Missouri - - 1 - 900 - - 17 - - 604 13 

 Montana 1 58 165 1 1,170 105 230 34 19 - 869 2,741 

 Navajo Nation 41 3 147 203 890 1 81 148 - - 265 26 

 New Mexico 3 27 62 15 - - 29 2 - 2 335 - 

 North Dakota - - - - - - - - - - 1,389 - 

 Ohio 2 3 206 - 14,220 - 19 43 - - 447 150 

 Oklahoma - - - - - - - - - - - - 

 Oregon - - - - - - 1 - - - - - 

 Pennsylvania - 38 215 - 19,018 - 49 441 52 4 9,121 10,493 

 Tennessee 76 15 67 8 32,557 3 3 171 4 - 977 360 

 Texas - - 8 - 1,825 - - - - - 153 - 

 Utah 4 64 255 3 550 7 - 8 16 1 55 20 

 Virginia 1 35 26 1 14,031 2 132 3 4 - 12 125 

 West Virginia 6 19 104 11 36,285 7 6 5 - 2 347 760 

 Wyoming - 34 88 395 670 0 419 7,305 359 199 11,993 76 

 TOTAL 741 803 6,113 1,167 197,288 252 1,231 9,607 737 2,377 96,154 18,727 

1

 CERT is the Council of Energy Resources Tribes: Blackfeet, Cheyenne River Sioux, Fort Berthold (Mandan, Hidatsa, Arikira), Fort 

Peck (Assiniboine and Sioux), Northern Cheyenne, Jicarilla Apache, Laguna Pueblo, Rocky Boys (Chippewa and Cree), San Carlos 

Apache, Southern Ute, Ute Mountain Ute, White Mountain Apache, and Wind River (Arapaho and Shoshone).

Table includes AML projects funded by the Federal Reclamation Program, Non-Coal project funding, and Pre-SMCRA Grants.

Data Source: eAMLIS

Table 6: FY 2019 Appropriations

Appropriations (in thousands)

2018 2019

Discretionary Appropriations

 Regulation & Technology

 Environmental Restoration $4 $20

 Environmental Protection $88,602 $88,602

 Technology Dev. & Transfer $12,801 $12,801

 Financial Management $505 $505

 Executive Dir. & Admin $13,936 $13,936

Subtotal $115,848 $115,864

 Abandoned Mine Reclamation

 Environmental Restoration $9,480 $9,480 

 Technology Dev. & Transfer $3,544 $3,544 

 Financial Management $5,182 $5,182 

 Executive Dir. & Admin $6,466 $6,466 

 AML Economic Development Pilot Program $115,000 $115,000 

Subtotal $139,672 $132,672

Total Discretionary Appropriations $255,520 $255,536

Mandatory Appropriations

 Payments to States in Lieu of Coal Fee 

 Receipts (Treasury Funds) $106,678 $102,994

 Grants to States and Tribes (AML Fund) $194,052 $188,302

 Transfer to United Mine Workers Fund $331,459 $279,397

Total Mandatory Appropriations $632,189 $570,693

Total OSMRE $887,709 $826,2291

1

 Amount includes Civil Penalty collections of $20,000 for FY 2019 (figures rounded).

Data Source: FY 2019 Congressional appropriations

46 FY 2019

Annual Report
Table 7: Regulatory Grant Funding FY 2019 Obligations

State/Tribe

FY 2019 Federal 

Funding

Total FY 2018 

Federal Funding

Cumulative Through 

FY 2019 Federal 

Funding1

Alabama $1,330,276 $1,290,153 $45,183,361 

Alaska 373,008 372,448 $10,122,936 

Arkansas 112,652 111,384 $5,724,844 

Colorado 2,323,844 2,324,635 $66,685,898 

Illinois 3,327,409 3,223,305 $99,351,456 

Indiana 1,607,189 1,648,573 $61,319,665 

Iowa 43,875 43,733 $3,825,841 

Kansas 77,542 73,850 $4,282,150 

Kentucky 13,497,278 13,400,000 $455,404,979 

Louisiana 186,586 186,586 $5,935,309 

Maryland 901,705 899,525 $23,409,319 

Michigan 0 0 $135,458 

Mississippi 220,324 183,002 $3,502,013 

Missouri 202,855 204,899 $11,282,272 

Montana 2,037,656 2,025,990 $41,417,812 

New Mexico 850,109 862,150 $26,016,200 

North Dakota 996,442 994,638 $23,650,137 

Ohio 1,776,000 1,635,010 $95,211,254 

Oklahoma 1,187,009 1,187,009 $35,607,544 

Pennsylvania 13,174,069 12,959,156 $401,297,998 

Rhode Island 0 0 $158,453 

Tennessee 0 0 $5,340,085 

Texas 2,915,349 2,632,728 $53,300,432 

Utah 2,544,453 2,532,165 $60,072,596 

Virginia 3,670,097 3,661,287 $123,525,219 

Washington 0 0 $4,893 

West Virginia 10,476,486 11,320,305 $308,662,583 

Wyoming 2,267,784 2,273,345 $67,922,602 

Crow Tribe 575,002 571,955 $6,134,157 

Hopi Tribe 403,382 402,285 $7,065,390 

Navajo Nation 1,800,000 1,800,000 $19,253,166 

N. Cheyenne Tribe 0 0 $86,888 

Total $68,878,381 $68,820,116 $2,070,892,911 

Figures shown above have been adjusted for rounding 1

 OSMRE also uses these federal appropriations to fund its regulatory activities, such as the Applicant/

Violator System, Technical Innovation and Professional Services, Kentucky Settlement, and other Title 

V cooperative agreements. Cumulative figures are net of all prior-year adjustments.

Data Source: Financial Business Management System 

Table 8: Oversight of State Programs1

State Oversight 

Inspections2

Ten-Day 

Notices for 

Observed 

Violations3

Ten-Day 

Notices 

for Citizen 

Complaints4

Notices of 

Violations 

(NOVs)5

FailureTo-Abate 

Cessation 

Orders 

(FTACOs)6

Imminent 

Harm 

Cessation 

Orders 

(IHCOs)7

Alabama 38 0 0 0 0 0 

Alaska 6 0 0 0 0 0 

Arkansas 3 0 0 0 0 0 

Colorado 14 0 0 0 0 0 

Illinois 40 0 0 0 0 0 

Indiana 21 0 0 0 0 0 

Iowa 0 0 0 0 0 0 

Kansas 2 0 0 0 0 0 

Kentucky 262 2 0 0 0 2 

Louisiana 4 0 0 0 0 0 

Maryland 11 0 0 0 0 0 

Mississippi 6 0 0 0 0 0 

Missouri 3 0 0 0 0 0 

Montana 4 0 0 0 0 0 

New Mexico 3 0 0 0 0 0 

North Dakota 12 0 0 0 0 0 

Ohio 37 0 0 0 0 0 

Oklahoma 17 0 0 0 0 0 

Pennsylvania 237 9 1 0 0 0 

Texas 10 0 0 0 0 0 

Utah 8 0 0 0 0 0 

Virginia 55 0 0 0 0 0 

West Virginia 122 0 0 0 0 0 

Wyoming 9 0 0 0 0 0 

 TOTAL 924 11 1 0 0 2 

1

 Table displays inspection and enforcement actions taken and cited by OSMRE in states with approved regulatory programs during FY 

2019.

2

 “Oversight Inspections” are those conducted solely by OSMRE and reported in the Inspection and Enforcement Tracking (INE) system 

using “Table 3-Field Office Visits and Inspections.” Assisted inspections and field visits performed jointly with states are not included.

3

 OSMRE issues a “Ten-Day Notice for an Observed Violation” to the state regulatory authority when OSMRE observes a non-imminent 

harm violation. The state has ten days to take enforcement or other action to cause the violation to be corrected or to demonstrate good 

cause for not taking such an action.

4

 OSMRE issues a “Ten-Day Notice for a Citizen Complaint” to the state regulatory authority when a citizen complaint gives OSMRE 

reason to believe a non-imminent harm violation exists. The State has ten days to take enforcement or other action to cause the violation 

to be corrected or to demonstrate good cause for not taking such an action.

5

 OSMRE issues a Federal “Notice of Violation” to a coal mine operator when performance standards or permit conditions are not being 

met, and the state regulatory authority has not resolved an issue raised by OSMRE in a Ten-Day Notice.

6

 OSMRE issues a “Failure to Abate Cessation Order” when a violation has not been abated within the established abatement period.

7

 OSMRE issues an “Imminent Harm Cessation Order” requiring cessation of surface coal mining and reclamation operations if an 

OSMRE inspector finds, on the basis of any Federal inspection, that there is an imminent danger to the health or safety of the public or 

the threat of significant, imminent environmental harm to land, air, or water resources.

Data Source: OSMRE Inspection & Enforcement Tracking (INE) System

48 FY 2019 47 Annual Report

Office of Surface Mining 

Reclamation and Enforcement
Table 9: Regulatory Program Statistics for FY 2019 State/Tribe Regulatory Staffing1 New Permits New Acreage Permitted2 Total Acreage Permitted Inspectable Units

Complete 

Inspections

Partial 

Inspections

Notices of 

Violation

Failure-ToAbate CO’s

Imminent Harm 

CO’s

Bond 

Forfeitures

Acreage of 

Phase I Bond 

Released

Acreage of 

Phase II Bond 

Released

Acreage of 

Phase III Bond 

Released

Alaska 5 0 0 12,365 12 33 44 1 0 0 0 21 15 0 

Alabama 23 5 1,376 77,141 166 1,936 21 55 7 0 3 925 2,438 2,534 

Arkansas 3 0 0 1,675 6 24 54 25 14 0 0 0 0 0 

Colorado 17 0 0 165,618 29 115 184 0 0 0 1 123 622 664 

Crow Tribe 5 0 0 9,787 2 8 14 0 0 0 0 0 0 0 

Georgia 0 0 0 0 0 0 0 0 0 0 0 0 0 0 

Hopi Tribe 4 0 0 6,237 2 1 0 0 0 0 0 0 0 0 

Iowa 1 0 0 0 0 0 0 0 0 0 0 0 0 0 

Illinois 42 3 2,245 86,435 167 315 636 41 11 3 2 1,015 2,301 2,062 

Indiana 28 0 0 157,595 73 302 553 20 0 0 0 2,440 3,257 2,918 

Kansas 3 0 0 2,721 6 28 52 0 0 0 0 0 0 120 

Kentucky 203 21 4,903 1,432,703 1,433 6,104 11,259 1,327 322 29 10 9,490 4,223 10,502 

Louisiana 4 0 0 37,611 3 12 24 2 0 0 0 0 0 13 

Maryland 12 1 5 4,690 48 256 542 7 0 0 0 263 356 403 

Missouri 4 0 0 2,957 11 31 58 0 0 0 0 0 0 73 

Mississippi 3 0 4,143 11,899 2 8 16 0 0 0 0 0 0 0 

Montana 18 1 6,746 80,927 13 80 92 3 0 0 0 127 166 0 

North Dakota 10 0 5,272 134,168 25 100 596 1 0 0 0 0 0 338 

New Mexico 9 0 0 79,748 6 23 24 0 0 0 0 0 0 34 

Navajo Nation 8 0 0 87,031 10 26 34 1 0 0 0 1,459 0 1,384 

Ohio 21 0 0 49,167 164 657 1,354 17 1 0 0 426 198 1,878 

Oklahoma 18 0 0 19,660 52 247 235 42 7 1 0 842 629 813 

Pennsylvania 179 17 2,387 288,866 1,194 4,511 6,853 747 47 17 3 2,020 2,224 2,910 

Tennessee 23 0 0 21,634 102 360 493 25 11 2 0 19 41 175 

Texas 38 0 0 318,061 29 128 256 6 1 0 0 2,130 806 5,598 

Ute Tribe 3 0 0 182 2 3 5 0 0 0 0 116 175 175 

Utah 13 1 49 2,830 29 109 159 4 3 0 0 29 0 3 

Virginia 54 7 606 74,113 306 1,330 2,045 210 28 15 1 461 1,232 724 

Washington 5 0 0 14,821 2 6 16 10 0 0 0 105 0 0 

West Virginia 190 19 4,626 357,896 1,983 7,452 13,001 813 99 17 10 2,420 1,391 3,609 

Wyoming 19 0 0 416,586 27 111 184 3 0 0 0 4,156 6,462 3,549 

TOTAL 962 75 32,358 3,955,124 5,904 24,316 38,804 3,360 551 84 30 28,587 26,536 40,479 

1

 Staffing rounded to nearest whole number.

2

 New acreage includes acreage for new permits, 

incidental boundary revisions, and any other 

permit revisions that add acreage.

State statistics based on 2019 State Program 

evaluation year (July 1, 2018 to June 30, 2019); 

Federal statistics, for Federal Program States ‎and 

Indian Tribes, based on 2019 Federal fiscal year 

(October 1, 2018 to September 30, 2019).

Data Source: 2019 Data for States and Tribes 

(DST)

50 FY 2019 49 Annual Report

Office of Surface Mining 

Reclamation and Enforcement
Table 10: Watershed Assistance - OSMRE/VISTAs and 

Interns FY 2019

State Year-Long Positions 

(OSMRE/VISTA)

Year-Long Positions 

(OSMRE/AmeriCorps)

Short-Term Positions 

(Interns)

Short-Term Positions 

(OSMRE/VISTA)

Alabama

Alaska

Arizona

California

Colorado6

D.C.1

Florida

Georgia

Illinois

Indiana

Iowa

Kentucky

Maryland

Missouri

Montana

New Mexico2

New York

North Carolina

Ohio

Oklahoma1

Oregon1

Pennsylvania2

South Carolina

Tennessee4

Texas

Virginia2

West Virginia

Wyoming

TOTALS 15130

Table 11: NTTP Courses and Enrollment FY 2019

Course Name Students

Coalfield Communications (CCOM‐92) 24

Underground Mining Technology (UMT‐91) 12

Forensic Hydrologic Investigations (FHI‐92) 14

Passive Treatment (PAS‐91) 17

Subsidence (SUB‐91) 18

Blasting and Inspection (BLI‐92) 11

Bonding: Cost Estimation Special Session (BNC‐SS‐91) 19

Enforcement Procedures (ENF‐91) 11

Erosion and Sediment Control (ERS‐91) 20

NEPA Procedures (NEPA‐91) 13

AML Realty (AMLR‐91) 12

Introduction to SMCRA Inspections (SMCRA‐91) 12

AML Reclamation Projects (AREC‐91) 14

Advanced Blasting: Investigations and Analysis (BLIA‐91)0

Erosion and Sediment Control (ERS‐92) 32

Excess Spoil Handling and Disposal (ESHD‐91) 17

Bonding: Cost Estimation (BNC‐91) 25

AML Design Workshop: Dangerous Highwalls (AMLDH‐91) 12

Surface and Groundwater Hydrology (SGW‐91) 25

Passive Treatment (PAS‐92) 25

Mine Gas Safety and Investigations (MGSI‐91) 10

Coalfield Communications (CCOM‐91) 11

Soils and Re‐vegetation (SOI‐91) 20

Surface and Groundwater Hydrology (SGW‐92) 15

Instructor Training Course (ITC‐91) 17

AML Design Workshop: Fires (AMLF‐91) 12

Bonding: Administrative and Legal Aspects (BNA‐91) 21

Applied Engineering Principles (AENG‐91) 13

AML Design Workshop: Subsidence (AMLS‐91) 14

NEPA Procedures (NEPA‐92) 24

Historical and Archaeological Resources (HAR‐91) 18

Enforcement Procedures (ENF‐92) 23

Applied Engineering Principles (AENG‐92) 16

Evidence Preparation and Testimony (EVI‐91)0

Soils and Re‐vegetation (SOI‐92) 12

Geology and Geochemistry of AFM (GGCA‐91) 13

AML Design Workshop: Dangerous Openings (AMLDO‐91) 12

Acid‐Forming Materials: Fund. & App. (ACF‐91) 25

TOTAL 609 

Data Source: National Technical Training Program (NTTP)

52 FY 2019 51 Annual Report

Office of Surface Mining 

Reclamation and Enforcement
Case 

Name Citation Summary of Decision

Diné Citizens 

Against 

Ruining 

Our Env’t v. 

Bureau of 

Indian Affairs

932 F.3d 843 

(9th Cir. 2019)

Diné Citizens Against Ruining Our Environment and other environmental groups 

challenge the decisions of the Fish and Wildlife Service (FWS), OSMRE, the Bureau 

of Indian Affairs, and the Bureau of Land Management associated with the 25-year 

extension of operations for the Four Corners Power Plant and Navajo Mine. The coal 

mine and adjacent coal-fired power plant are located on Navajo Nation lands. The 

mine operates under a SMCRA surface mining permit issued by OSMRE. The federal 

agencies, led by OSMRE, completed an environmental impact statement (EIS) under the 

National Environmental Policy Act (NEPA) evaluating the effects of various permitting 

actions necessary to continue operations of the projects until 2041. The analysis of the 

projects included formal consultation with FWS regarding the effects of the projects 

on multiple endangered and threatened species. The complaint alleges violations of 

the Endangered Species Act and NEPA. The mine owner, Navajo Transitional Energy 

Company (NTEC), a corporation wholly owned by the Navajo Nation, intervened 

for the limited purpose of seeking to dismiss the case under Federal Rules of Civil 

Procedure 19 and 12(b)(7). NTEC argued that it was a required party but that it could 

not be joined in the case due to tribal sovereign immunity, and the lawsuit could not 

proceed in its absence. The district court agreed with NTEC and dismissed the case with 

prejudice. Plaintiffs appealed to the U.S. Court of Appeals for the Ninth Circuit. The 

United States did not directly join in the appeal, but it did file an amicus brief arguing 

that the case could proceed without NTEC’s participation. On July 29, 2019, the Ninth 

Circuit affirmed the district court’s dismissal of the case. The appellate court agreed with 

NTEC’s argument that it is a required party that must be joined if feasible because it has 

a legally protected interest in the litigation and proceeding with the lawsuit in NTEC’s 

absence would impair that interest. The court held that, under Rule 19, NTEC could not 

be feasibly joined due to tribal sovereign immunity. Further, the appellate court affirmed 

the district court’s conclusion that the litigation could not, in good conscience, continue 

in NTEC’s absence. On September 12, 2019, appellants filed a petition for rehearing.

M.L. Johnson 

Family 

Props., LLC 

v. Bernhardt 

(Johnson 

Family I)

2019 WL 

3841905 (E.D. 

Ky. Aug. 14, 

2019)

This case is related to Johnson Family II, in this table. On April 11, 2018, after prior 

proceedings, the court dismissed this case because of a final judgment in a related case. 

The court then reopened the case at the request of Johnson Family. Johnson Family 

sought to amend its complaint. The government opposed the motion to amend and 

filed a motion to dismiss. Johnson Family’s proposed amended complaint raised two 

claims. Count I asked for a declaration upholding the validity of the cessation order 

that OSMRE had issued to Premier Elkhorn, and Count II was a damages claim against 

Premier Elkhorn. In an August 14, 2019, decision, with regard to Count I, the court 

noted that Johnson Family failed to exhaust its administrative remedies because it had a 

pending appeal with the Department’s Interior Board of Land Appeals (IBLA); as such, 

the court refused to hear the claim until the IBLA appeal is complete. While the court 

denied Johnson Family’s motion to amend its complaint to add revised Count I based 

upon failure to exhaust administrative remedies, the court also noted other potential 

justiciability problems with the claim. The court also denied Johnson Family’s request to 

amend its complaint to add proposed Count II because Premier Elkhorn had petitioned 

for Chapter 11 bankruptcy and was protected by the bankruptcy automatic stay. Finally, 

the court granted the government’s motion to dismiss because the court found that there 

were no outstanding issues related to the four counts in the first amended complaint.

Data Source: U.S. Department of the Interior, Office of the Solicitor

Case 

Name Citation Summary of Decision

Powder River 

Basin Res. 

Council v. 

Jewell

358 F. Supp. 3d 

1238 (D. Wyo. 

2018)

Petitioners Powder River Basin Resource Council and Western Organization of Resource 

Councils challenged the Office of Surface Mining Reclamation and Enforcement’s 

(OSMRE) recommendation for, and the Department of the Interior’s (Department) 

approval of, a mining plan modification for the North Antelope Rochelle Mine in 

Wyoming pursuant to the Mineral Leasing Act of 1920 (MLA), as amended, 30 U.S.C. 

§ 207(c). Among other things, petitioners alleged that, in approving the mining plan 

modification, the Department violated the MLA and the Surface Mining Control and 

Reclamation Act of 1977 (SMCRA) by failing to ensure that operations will adhere 

to SMCRA performance standards for contemporaneous reclamation. On December 

6, 2018, the court ruled in the government’s favor on all claims. Regarding a public 

participation claim, the court ruled that 30 C.F.R. § 746.13 only requires consideration 

of existing public comment provided at the coal leasing and State SMCRA permitting 

stages. Next, the court rejected petitioners’ argument that SMCRA’s contemporaneous 

reclamation requirements may only be measured by final bond release. Finally, the court 

found that there was ample evidence in the administrative record to show that the State 

permitting authority and the Department adequately considered SMCRA requirements 

for hydrologic protection and reclamation bonding. The court found that the 

Department’s decision regarding reclamation was based on relevant factors. Petitioners 

did not appeal.

M.L. Johnson 

Family 

Props., LLC 

v. Bernhardt 

(Johnson 

Family II)

924 F.3d 842 

(6th Cir. 2019)

M.L. Johnson Family Properties (Johnson Family) appealed a March 21, 2018, decision 

of the U.S. District Court for the Eastern District of Kentucky. Johnson Family and 

another company own the surface estate of a large plot of land as tenants in common. 

The other company owns the coal below the surface and wants to mine that coal using 

surface mining methods; Johnson Family objects to surface mining. The district court 

affirmed an administrative law judge’s (ALJ) decision that upheld OSMRE’s decision 

to terminate a cessation order that prohibited surface mining based upon the conclusion 

that an amended permit that the Kentucky Energy and Environment Cabinet (Kentucky) 

issued to Premier Elkhorn Coal LLC complied with Federal law. On May 15, 2019, the 

appellate court issued a decision affirming the District Court. First, the appellate court 

found that Johnson Family “exhausted its administrative remedies to the extent required 

by SMCRA.” Next, the court agreed with OSMRE that 30 U.S.C. §1260(b)(6)(C) 

allowed Kentucky to rely on any State law, including the law of cotenancy, when making 

its permitting decision. The court held that “when a conveyance does not expressly 

grant the right to surface mine, the regulatory authority may rely on any state law to 

determine whether the documents describing the surface-subsurface legal relationship 

of the severed estate grant such a right.” In this regard, the court found that the ALJ’s 

application of cotenancy law was not arbitrary, capricious, or contrary to law. The court 

also found that neither Kentucky nor OSMRE adjudicated a property rights dispute in 

contravention of 30 U.S.C. § 1260(b)(6)(C), and, if it was a mistake for Premier Elkhorn 

not to list the ongoing Johnson I litigation in its permit application, it was harmless error 

because Kentucky and OSMRE had actual knowledge of the case. Finally, Kentucky 

raised additional arguments that allegedly went to the court’s subject matter jurisdiction 

over the case; the court rejected these arguments. 

Table 12: Significant Court Decisions FY 2019

54 FY 2019 53 Annual Report

Office of Surface Mining 

Reclamation and Enforcement
• Table of Contents: Background image - Picture of reclamation work at Grand River, 

Alabama.

• Pages 1 & 2: Background image - Completed reclamation work at Coyote Canyon at the 

Navajo Nation.

• Pages 5 & 6: Background image - A miner climbing into a dump truck at a mine site.

• Pages 7 & 8: Background image - A photo of acid mine drainage at Dead Lake near The 

Wilds in Ohio.

• Pages 9 & 10: Background image - Heavy equipment loading overburden at a coal mine.

• Pages 13 & 14: Background image - An archived image of an idled coal mine circa 1910 

– 1915. 

• Pages 15 & 16: Background image – An image of Blackwater River, West Virginia.

• Pages 23 & 24: Background image – A view from a dragline at a mine in Texas.

• Pages 25 & 26: Background image – A panoramic view of the San Juan Mine complex in 

New Mexico.

• Pages 31 & 32: Background image - A satellite view of the North Antelope Rochelle 

Mine.

• Pages 37 & 38: Background image: Endangered and threatened wildlife grazing and 

resting in a meadow at The Wilds in Ohio.

• Pages 55 & 56: Background image: Reclaimed mine land at The Wilds in Ohio.

• Back cover: Volunteers using a dibble bar to plant trees using the Forestry Reclamation 

Approach at the Wildcat Mine in Kentucky.

Photo Captions

56 FY 2019 55 Annual Report

Office of Surface Mining 

Reclamation and Enforcement
Office of Surface Mining Reclamation and Enforcement

U.S. Department of the Interior

1849 C Street, NW

Washington, DC 20240

www.osmre.gov