The United States BUDGET Department of the Interior

JUSTIFICATIONS

and Performance Information

Fiscal Year 2022 

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 or Requirements ....................................................................................................... 14

Justification of Fixed Costs and Internal Realignments ........................................................... 16

BUDGET AT A GLANCE ......................................................................................................... 19

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

State Program Evaluation .................................................................................................. 31

Federal Reclamation Program ............................................................................................ 32

a. Federal Reclamation Projects ...................................................................................................... 32

b. Program Staff (Operations) ......................................................................................................... 36

Program Development and Maintenance ........................................................................... 37

a. AML Inventory ........................................................................................................................... 38

b. Grants Management .................................................................................................................... 39

c. State Program Amendments........................................................................................................ 41

2021 Planned Program Performance ........................................................................................ 42

2020 Program Accomplishments ............................................................................................. 43

ENVIRONMENTAL PROTECTION ...................................................................................... 45

State and Tribal Funding .................................................................................................... 50

a. State Grants ................................................................................................................................. 50

b. Tribal Regulatory Development and Regulatory Program Grants .............................................. 51

State Program Evaluation .................................................................................................. 51

a. Oversight Policy and Procedures ................................................................................................ 51

b. Oversight Inspections .................................................................................................................. 52

c. Identifying and Correcting Violations of SMCRA ..................................................................... 53

Federal and Indian Lands Programs .................................................................................. 54

a. States ........................................................................................................................................... 55

b. Tribes .......................................................................................................................................... 58

c. OSMRE Responsibility on Federal Lands .................................................................................. 60

Program Development and Maintenance ........................................................................... 61

a. Rulemaking ................................................................................................................................. 61

b. Grants Management .................................................................................................................... 62

c. Special Projects ........................................................................................................................... 63

2021 Planned Program Performance ........................................................................................ 64

2020 Program Accomplishments ............................................................................................. 65
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TECHNOLOGY DEVELOPMENT AND TRANSFER ......................................................... 67

Technical Assistance .......................................................................................................... 71

a. Technical Policy Assistance........................................................................................................ 71

b. Site-Specific Technical Assistance ............................................................................................. 74

c. National Mine Map Repository................................................................................................... 76

d. Coal Information Management System ...................................................................................... 77

e. Technical Innovation and Professional Services......................................................................... 78

f. Applicant Violator System .......................................................................................................... 79

Technical Training ............................................................................................................. 81

a. National Technical Training Program ......................................................................................... 81

b. TIPS Software Application Training .......................................................................................... 82

c. Regional/Site-Specific Training .................................................................................................. 83

Technology Transfer .......................................................................................................... 83

a. Technology Development ........................................................................................................... 84

b. Technology Transfer and Publication ......................................................................................... 84

c. Educational Outreach and Partnership ........................................................................................ 85

2021 Planned Program Performance ........................................................................................ 87

2020 Program Accomplishments ............................................................................................. 88

FINANCIAL MANAGEMENT ................................................................................................. 89

Fee Compliance ................................................................................................................. 93

a. AML Fee Collection ................................................................................................................... 93

b. AML Fee Audit ........................................................................................................................... 94

Grant Financial Management ............................................................................................. 98

Revenue Management ...................................................................................................... 100

United Mine Workers of America Funds (UMWAF) Transfers ..................................... 100

2021 Planned Program Performance ...................................................................................... 102

2020 Program Accomplishments ........................................................................................... 102

EXECUTIVE DIRECTION AND ADMINISTRATION ..................................................... 103

Executive Direction ......................................................................................................... 107

a. Office of the Director (DIR) ..................................................................................................... 107

b. Office for Equal Opportunity .................................................................................................... 107

c. Office of Communication ......................................................................................................... 108

d. Office of Planning, Analysis and Budget (OPAB) ................................................................... 109

e. Information Resources Office (IRO) ........................................................................................ 109

Administrative Support .................................................................................................... 110

a. Office of Administration ........................................................................................................... 110

b. Office of Human Resources ...................................................................................................... 111

c. Acquisition Management .......................................................................................................... 112

d. Administrative Financial Management ..................................................................................... 112

e. Information Management and Technology ............................................................................... 112

General Services .............................................................................................................. 113
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2021 Planned Program Performance ...................................................................................... 115

2020 Program Accomplishments ........................................................................................... 116

PERMANENT APPROPRIATIONS ...................................................................................... 117

BUDGET EXHIBITS ............................................................................................................... 123

Exhibit A: Section 403 Compliance ...................................................................................... 123

Exhibit B: Employee Count by Grade (PER-4) .................................................................... 125

Appendixes................................................................................................................................. 127

AML Reclamation Accomplishments .................................................................................... 127

By State and Tribe Funding Data ........................................................................................... 130

Organizational Chart .............................................................................................................. 131

Abandoned Mine Lane Program States ................................................................................. 132

Regulatory Programs and Office Locations ........................................................................... 133
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TABLE INDEX

Table 1 – State, Tribal, and Federal Responsibility for the AML Program ................................................ 31

Table 2 – Inspections Conducted in Primacy States in FY 2019 ................................................................ 53

Table 3 – Permit and Permit Revision Workload – OSMRE as Regulatory Authority .............................. 59

Table 4 – Inspections Conducted by OSMRE in the Federal and Indian Lands Program .......................... 60

Table 5 – Mining Plan Decision Document Workload on Leased.............................................................. 61

Table 6 – FY 2020 State Program Amendment Activity ............................................................................ 62

Table 7 – Deposits to the AML Fund and AML Production Fees .............................................................. 96

Table 8 – Summary Status of Abandoned Mine Reclamation Fund ........................................................... 97

Table 9 – AML Unappropriated Balance .................................................................................................... 99

Table 10 – UMWA Transfer Requests ..................................................................................................... 101

Table 11 – Estimated General Services Costs .......................................................................................... 114

Table 12 – Permanent Appropriation Estimates ....................................................................................... 118

Table 13 – Mandatory Funding for States and Tribes, FY 2020-2022 ..................................................... 122
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. 

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

SMCRA. At publication of this document, there were over 5,500 permits on active and inactive coal mining 

sites covering 3.5 million acres nationwide. These sites all require regulatory activity for permit approvals, 

monitoring, inspection, enforcement, and bond release approval. 

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

surface coal mining operations pursuant to Title V of the Act, 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.

OSMRE’s FY 2022 budget supports the environmentally responsible development of energy by providing 

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; centering equity and environmental justice; 

and creating good paying jobs with a free and fair chance to join a union. 
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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. As of the date of this 

publication, bills had been introduced in Congress to extend fee authorization beyond FY 2021 but no 

authorizing legislation had been enacted. 

As of September 2020, an estimated $9.9 billion of reported Priority 1, 2, and 3 unfunded coal abandoned 

mine land problems remain. OSMRE will concentrate its discretionary 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 2022 budget also requests funding 

to increase and 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 and continued in each subsequent year’s appropriation act through 

FY 2021 (Public Laws 115-31, 115-141, 116-6, 116-94 and 116-260). 

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

operators through September 30, 2021 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 

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 
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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. With 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 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 are among the most effective ways to 

determine if a State’s mining law is being properly implemented. In FY 2020, States performed 23,067 

complete and 37,836 partial mine inspections1

. OSMRE completed 533 partial and 207 complete 

inspections in its Federal and Indian Lands Programs. Nationwide, 92 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). The off-site impacts associated 

with active sites are addressed through the 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 2022 budget facilitates this 

coordination by supporting integrated efforts to achieve management efficiencies. 

OSMRE uses emerging technologies, tools and methodologies to elevate the understanding of resources 

related to coal mining on a landscape-level. 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. 

The FY 2022 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.

1 Inspection data for States is for the 12-month period from July 1, 2019 through June 30, 2020.
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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. OSMRE is analyzing the potential effects of these rulings on its jurisdiction 

on other reservations in Oklahoma. The FY 2022 budget provides the resources required for OSMRE to 

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

Electric Vehicles and Charging Stations

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

OSMRE budget includes $1.4 million for zero emission vehicle (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 

currently the leading source of GHG emissions that threaten the planet and harm U.S. communities. 

The OSMRE 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. 

The Agency is coordinating all of these efforts to meet or exceed the ZEV-related goals set forth in the 

comprehensive plan developed pursuant to E.O. 14008, Section 205(a). Funds for these OSMRE ZEV 

activities are part of a $600 million request in the President’s Budget for ZEVs and charging infrastructure 
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Office of Surface Mining Reclamation and Enforcement 5

that is contained within the individual budgets of 18 Federal agencies, including ZEV Federal fleet 

dedicated funds at the General Services Administration. This investment will be complemented by 

Department of Energy funding to provide technical assistance to agencies through the Federal Energy 

Management Program as OSMRE builds and grows its ZEV infrastructure. This investment serves as a 

down payment to support a multiyear, whole-of-government transformation to convert the Federal motor 

vehicle fleet to ZEVs and thereby reduce carbon emissions. 

Diversity, Equity, Inclusion and Accessibility

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 is restructuring 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 will facilitate the restructure 

and enhance the ability to implement strategic program activities. 

Justice40

OSMRE is committed to securing environmental justice and spurring economic opportunity for 

disadvantaged communities that have been historically marginalized and overburdened by pollution and 

experience underinvestment in essential services. In line with EO 14008, OSMRE will take proactive 

actions to work towards ensuring 40 percent of the benefits of climate and clean energy investments are 

directed to disadvantaged communities. These actions will include an examination of the activities of key 

programs to determine whether those programs’ benefits have accrued to disadvantaged communities. 

OSMRE will also begin to track program expenditures that impact disadvantaged communities and consider 

metrics that will help track how applicable covered program benefits accrue at specific disadvantaged 

communities. 
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Office of Surface Mining Reclamation and Enforcement 6

Budget Highlights

The FY 2022 Budget Request for OSMRE is $312.0 million in current appropriations.2

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 $879 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 2022 budget provides $65 million (20.8 percent) of OSMRE’s total discretionary funds in grants 

to the States and Tribes for regulatory programs. The budget also provides $165 million (52.9 percent) of 

total discretionary funds for AML Economic Revitalization (AMLER) grants to States and Tribes. OSMRE 

will use the balance of the budget (26.3 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. OSMRE’s Business Lines are: 

• 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. 

2 This amount does not include $140,000 in civil penalty authority or offsetting collections.
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Total FY 2022 Budget Request

(Dollars in Thousands)

Budget Authority 2020 

Actual

2021 

Enacted

2022 

Request

Regulation and Technology 117,794 117,768 119,257 

Civil Penalties (Indefinite Authority)

Permit Fees (Offsetting Collections)

[13]

[14]

[100]

[40]

[100] 

[40]

Abandoned Mine Reclamation Fund 139,713 139,831 192,765 

Total Discretionary 257,507 257,599 312,022 

Total Discretionary (with Offsetting 

Collections) 257,534 257,739 312,162

Payments to States in Lieu of Coal Fee 

Receipts (Treasury Funds) 44,910 39,950 36,500 

Less Mandatory Sequester [-2,650] [-2,277] [-2,081]

Mandatory Grants to Non-Certified States 

(AML Funds) 136,663 121,472 118,700 

Less Mandatory Sequester [-8,063] [-6,924] [-6,766]

Funds Transferred to UMWA Health Benefit 

Plans and the 1974 UMWA Pension Plan 

(Treasury and AML Funds) 

1,944,852 739,270 723,832 

Total Mandatory 2,126,425 900,692 879,032 

Total Mandatory (after Mandatory 

Sequester) 2,115,712 891,491 870,185

Total Discretionary and Mandatory 2,383,932 1,158,291 1,191,054 

Total Discretionary and Mandatory (with 

Offsetting Collections and Mandatory 

Sequester) 

2,373,246 1,149,230 1,182,347

FTEs 354 398 416 

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 25 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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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, [$117,768,000] $119,257,000, to remain available until September 30, [2022] 

2023, of which [$68,590,000] $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[: Provided further, That of the unobligated balances from amounts 

made available under this heading, $25,000,000 is permanently rescinded] [: Provided further, That no 

amounts may be rescinded from amounts that were designated by the Congress as an emergency 

requirement pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency 

Deficit Control Act of 1985]. 

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 [2021] 2022 appropriation estimated at not more than [$117,768,000] 

$119,257,000. (Department of the Interior, Environment, and Related Agencies Appropriations Act, 2021.)

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, [$24,831,000] $27,765,000, 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] $165,000,000, to remain available until expended, for grants to States and 

federally recognized Indian Tribes for reclamation of abandoned mine lands and other related activities [in 

accordance with the terms and conditions described in the explanatory statement described in section 4 (in 

the matter preceding division A of this consolidated Act)]: 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 
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Office of Surface Mining Reclamation and Enforcement 10

additional amount, [$75,000,000] $105,000,000 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] $45,000,000 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] $15,000,000 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 [in accordance with 

the terms and conditions described in the explanatory statement described in section 4 (in the matter 

preceding division A of this consolidated Act)] 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. 

[Of the unobligated balances from amounts made available under this heading in fiscal year 2016 or before, 

$10,000,000 is permanently rescinded: Provided, That no amounts may be rescinded from amounts that 

were designated by the Congress as an emergency requirement pursuant to the Concurrent Resolution on 

the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985.] (Department of the 

Interior, Environment, and Related Agencies Appropriations Act, 2021.)
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Justification for Proposed Language Changes 

Appropriation: Regulation and Technology

Deletion of the following wording: 

[: Provided further, That of the unobligated balances from amounts made available under this heading, 

$25,000,000 is permanently rescinded: Provided further, That no amounts may be rescinded from 

amounts that were designated by the Congress as an emergency requirement pursuant to the Concurrent 

Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985] 

This change removes language included in the FY 2021 appropriation for a one-time rescission of 

unobligated prior-year balances. This provision is no longer needed.

Appropriation: Abandoned Mine Reclamation Fund

Deletion of the following wording:

[in accordance with the terms and conditions described in the explanatory statement described in 

section 4 (in the matter preceding division A of this consolidated Act)] 

This change removes language included in the 2021 appropriation citing the explanatory statement 

accompanying the Act. This specific reference is no longer needed.

[Of the unobligated balances from amounts made available under this heading in fiscal year 2016 or 

before, $10,000,000 is permanently rescinded: Provided, That no amounts may be rescinded from 

amounts that were designated by the Congress as an emergency requirement pursuant to the Concurrent 

Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985.] 

This change removes language included in the FY 2021 appropriation for a one-time rescission of 

unobligated prior-year balances. This provision is no longer needed. 
Executive Summary

Office of Surface Mining Reclamation and Enforcement 12

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.

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 
Executive Summary

Office of Surface Mining Reclamation and Enforcement 13

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 14

Summary of Requirements 

Office of Surface Mining Reclamation and Enforcement

(Dollars in Thousands) 

ACCOUNT NAME

2020

Actual

Amount

2021 

Enacted

Total

FTE

2021

Enacted

Amount

Fixed

Costs

(+/-)

Internal

Transfers

(+/-)

Program

Changes

(+/-) 

FTE

Program

Changes

(+/-) 

Amount

2022 

Request

FTE

2022

Request

Amount

Change

from 2021

(+/-) 

FTE

Change

from 2021

(+/-) 

Amount

REGULATION AND TECHNOLOGY

Environmental Protection 88,588 172 88,562 +777 +8 -1,486 180 87,853 +8 -709

Technology Development and Transfer 14,765 78 14,765 +354 - +86 78 15,205 - +440

Financial Management 505 3 505 +13 - - 3 518 - +13

Executive Direction and Administration 13,936 45 13,936 +1,087 +2 +658 47 15,681 +2 +1,745

TOTAL, REGULATION AND TECHNOLOGY 

(w/o rescission) 117,794 298 117,768 +2,231 - +10 -742 308 119,257 +10 +1,489

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

TOTAL, REGULATION AND TECHNOLOGY 

(w/ rescission) 117,794 298 92,768 +2,231 - +10 +24,258 308 119,257 +10 +26,489

ABANDONED MINE RECLAMATION FUND

Environmental Restoration 9,480 35 9,480 +154 +8 +2,037 43 11,671 +8 +2,191

Technology Development and Transfer 3,576 15 3,608 +66 - +21 15 3,695 - +87

Financial Management 5,191 29 5,277 +126 - +82 29 5,485 - +208

Executive Direction and Administration 6,466 21 6,466 +221 - +227 21 6,914 - +488

AML Economic Development Pilot Program 115,000 - 115,000 - - +50,000 - 165,000 - +50,000

TOTAL, ABANDONED MINE RECLAMATION 

FUND (w/o rescission) 139,713 100 139,831 +567 - +8 +52,367 108 192,765 +8 +52,934

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

TOTAL, ABANDONED MINE RECLAMATION 

FUND (w/ rescission) 139,713 100 129,831 +567 - +8 +62,367 108 192,765 +8 +62,934

TOTAL, DISCRETIONARY (w/o rescissions) 257,507 398 257,599 +2,798 - +18 +51,625 416 312,022 +18 +54,423

TOTAL, DISCRETIONARY (w/ rescissions) 257,507 398 222,599 +2,798 - +18 +86,625 416 312,022 +18 +89,423
Executive Summary

Office of Surface Mining Reclamation and Enforcement 15

CIVIL PENALTIES 

OFFSETTING COLLECTIONS

2020

Actual

Amount

2021 

Enacted

Total

FTE

2021

Enacted

Amount

Fixed

Costs

(+/-)

Internal

Transfers

(+/-)

Program

Changes

(+/-) 

FTE

Program

Changes

(+/-) 

Amount

2022 

Request

FTE

2022

Request

Amount

Change

from 2021

(+/-) 

FTE

Change

from 2021

(+/-) 

Amount

Civil Penalties (Budget Authority) 13 - 100 - - - 100 -

Permit Fees (Offsetting Collections) 14 - 40 - - - 40 -

TOTAL, DISCRETIONARY (w/ Civil Penalties 

and Offsetting Collections; w/o rescissions) 257,534 398 257,739 +2,798 - +18 +51,625 416 312,162 +18 +54,423

TOTAL, DISCRETIONARY (w/ Civil Penalties 

and Offsetting Collections; w/ rescission) 257,534 398 222,739 +2,798 - +18 +86,625 416 312,162 +18 +89,423
Appendix – AML Reclamation Accomplishments 

Office of Surface Mining Reclamation and Enforcement 16

Justification of Fixed Costs and Internal Realignments

(Dollars in Thousands)

Regulation and Technology Account (Net +2,231)

Fixed Cost Changes and 

Projections

2021 

Enacted 

Total or 

Change

2021 to 

2022 

Change

Description

Change in Number of Paid Days -161 0 

This column reflects changes in pay associated 

with the change in the number of paid days 

between the CY and BY, which is the same 

number of paid days in both CY and BY. 

Pay Raise +648 +993

The President's Budget for FY2021 includes one 

quarter of a planned 1.0% pay raise and three 

quarters of a planned 2.7% pay raise for the BY.

Employer Share of Federal 

Employee Retirement System +388 +345

The change reflects a 1.1% (and 1.8% for Law 

Enforcement) increase in the employer 

contribution to the Federal Employee Retirement 

System.

Departmental Working Capital 

Fund 1,399 +391

The change reflects the final BY Central Bill 

approved by the Working Capital Fund 

Consortium.

Worker's Compensation Payments 92 +17

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 4 +10

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 3,323 +472

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; in the case of GSA space, these 

are paid to Department of Homeland Security 

(DHS). 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 27 +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.
Appendix – AML Reclamation Accomplishments 

Office of Surface Mining Reclamation and Enforcement 17

Justification of Fixed Costs and Internal Realignments

(Dollars in Thousands)

Abandoned Mine Reclamation Fund (Net +567) 

Fixed Cost Changes and 

Projections

2021 

Enacted 

Total or 

Change

2021 to 

2022 

Change

Description

Change in Number of Paid Days -55 0 

This column reflects changes in pay associated 

with the change in the number of paid days 

between the CY and BY, which is the same 

number of paid days in both CY and BY. 

Pay Raise +220 +322

The President's Budget for FY2021 includes one 

quarter of a planned 1.0% pay raise and three 

quarters of a planned 2.7% pay raise for the BY.

Employer Share of Federal 

Employee Retirement System +132 +112

The change reflects a 1.1% (and 1.8% for Law 

Enforcement) increase in the employer 

contribution to the Federal Employee Retirement 

System.

Departmental Working Capital 

Fund 689 -93

The change reflects the final BY Central Bill 

approved by the Working Capital Fund 

Consortium.

Worker's Compensation Payments 46 -10

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 2 +5

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 1,636 +234

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; in the case of GSA space, these 

are paid to Department of Homeland Security 

(DHS). 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 13 -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.
Executive Summary

Office of Surface Mining Reclamation and Enforcement 18

Page Intentionally Left Blank
TAB 

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

Office of Surface Mining Reclamation and Enforcement 19

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 $119,257,000. 

Abandoned Mine Reclamation Fund

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

OSMRE. The Fund is derived from a fee levied on coal production sales, use, and transfers. 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 $192,765,000. 

Summary of 2021 Enacted and 2022 Request

By Appropriation and Business Line

(Dollars in Thousands)

Regulation and Technology

2021 

Enacted

2022 

Request

Change from 

2021 

Environmental Protection 88,562 87,853 -709 

Technology Development and Transfer 14,765 15,205 +440 

Financial Management 505 518 +13 

Executive Direction and Administration 13,936 15,681 +1,745 

Total, without Offsetting Collections 117,768 119,257 +1,489 

Civil Penalties (Budget Authority) 100 100 - 

Permit Fees (Offsetting Collections) 40 40 - 

Total, Regulation and Technology with Civil 

Penalties and Offsetting Collections 117,908 119,397 +1,489 

Abandoned Mine Reclamation Fund

2021 

Enacted

2022 

Request

Change from 

2021 

Environmental Restoration 124,480 176,671 +52,191 

Technology Development and Transfer 3,608 3,695 +87 

Financial Management 5,277 5,485 +208 

Executive Direction and Administration 6,466 6,914 +448 

Total, Abandoned Mine Reclamation Fund 139,831 192,765 +52,934 

Total Appropriation (without Civil Penalties 

and Offsetting Collections) 257,599 312,022 +54,423

Total Appropriation, with Civil Penalties 

and Offsetting Collections 257,739 312,162 +54,423
Budget-At-A-Glance 

Office of Surface Mining Reclamation and Enforcement 20

Summary of 2021 Enacted and 2022 Request 

By Full-time Equivalent (FTE)

Regulation and Technology

2021 

Enacted

2022 

Estimate

Change from 

2021 

Environmental Protection 172 180 +8

Technology Development and Transfer 78 78 - 

Financial Management 3 3 - 

Executive Direction and Administration 45 47 +2

Total, Regulation and Technology FTE 298 308 +10 

Abandoned Mine Reclamation Fund

2021 

Enacted

2022 

Estimate

Change from 

2021 

Environmental Restoration 35 43 +8

Technology Development and Transfer 15 15 - 

Financial Management 29 29 - 

Executive Direction and Administration 21 21 - 

Total, Abandoned Mine Reclamation Fund FTE 100 108 +8

Total FTE 398 416 +18 
Budget-At-A-Glance 

Office of Surface Mining Reclamation and Enforcement 21

Budget at a Glance Table 

(Dollars in Thousands)

Discretionary

Appropriation: Regulation and Technology

2020 

Actual

2021 

Enacted

Fixed

Cost

(+/-) 

Internal

Transfers

(+/-) 

Program 

Change

(+/-) 

2022 

Request

Environmental Protection 88,588 88,562 +777 - -1,486 87,853 

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 +364 +365 8,809 

Replace Hydrocarbon-powered Vehicles with ZEVs [+365] [365]

Federal and Indian Lands Programs 6,078 6,052 +208 +1,694 7,954 

Funded by Offsetting Collections [-14] [-40] [-40]

Establish Indian Lands Program for Oklahoma [+1,450] [1,450]

Replace Hydrocarbon-powered Vehicles with ZEVs [+244] [244]

Federal Lands 1,436 1,436 +46 +45 1,527 

Replace Hydrocarbon-powered Vehicles with ZEVs [+45] [45]

Program Development and Maintenance 4,404 4,404 +159 - 4,563 

Technology Development and Transfer 14,765 14,765 +354 - +86 15,205 

Technical Assistance 10,668 10,668 +218 - 10,886 

Training 2,004 2,060 +86 +86 2,232 

Replace Hydrocarbon-powered Vehicles with ZEVs [+86] [86]

Technology Transfer 2,093 2037 +50 - 2,087 

Financial Management 505 505 +13 - - 518 

Revenue Management 410 407 +9 - 416 

Grants Financial Management 95 98 +4 - 102 

Executive Direction and Administration 13,936 13,936 +1,087 - +658 15,681 

Executive Direction 2,054 2,054 +68 +134 2,256 

Enhance Diversity, Equity, Inclusion and Accessibility Capacity [+134] [134] 

Administrative Support 3,575 3,663 +136 +124 3,923 

Restructure Division of Acquisition Management [+124] [124]

General Services 8,307 8,219 +883 +400 9,502 

Build ZEV Charging Infrastructure [+400] [400]

TOTAL, Regulation and Technology (w/o rescission) 117,794 117,768 +2,231 - -742 119,257 

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

TOTAL, Regulation and Technology (w/ rescission) 117,794 92,768 +2,231 - +24,258 119,257 
Budget-At-A-Glance 

Office of Surface Mining Reclamation and Enforcement 22

Appropriation: Abandoned Mine Reclamation Fund

2020 

Actual

2021 

Enacted

Fixed

Cost

(+/-) 

Internal

Transfers

(+/-) 

Program 

Change

(+/-) 

2022 

Request

Environmental Restoration 124,480 124,480 +154 - +52,037 176,671 

State Program Evaluation 2,662 2,707 +66 +44 2,817 

Replace Hydrocarbon-powered Vehicles with ZEVs [+44] [44]

Federal Reclamation Programs - Projects 1,548 1,299 +785 2,084 

Watershed Cooperative Agreements [1,548] [1,299] - [1,299]

Federal Emergency Reclamation Projects [+785] [785]

Federal Reclamation Program - Operations 2,066 2,081 +22 +1,208 3,311 

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

Replace Hydrocarbon-powered Vehicles with ZEVs [+38] [38]

Program Development and Maintenance 3,204 3,393 +66 - 3,459 

AML Economic Development Grants 115,000 115,000 +50,000 165,000 

Expand AML Economic Reclamation Grants [+50,000]

Technology Development and Transfer 3,576 3,608 +66 - +21 3,695 

Technical Assistance 1,617 1,626 +31 - 1,657 

Training 794 814 +31 +21 866 

Replace Hydrocarbon-powered Vehicles with ZEVs [+21] [21]

Technology Transfer 1,165 1,168 +4 - 1,172 

Financial Management 5,191 5,277 +126 - +82 5,485 

Fee Compliance 5,081 5,164 +122 +82 5,368 

Replace Hydrocarbon-powered Vehicles with ZEVs [+82] [82]

Grants Financial Management 110 113 +4 - 117 

Executive Direction and Administration 6,466 6,466 +221 - +227 6,914

Executive Direction 910 910 +31 +66 1,007 

Enhance Diversity, Equity, Inclusion and Accessibility Capacity [+66] [66]

Administrative Support 1,846 1,888 +62 +61 2,011 

Restructure Division of Acquisition Management [+61] [61]

General Services 3,710 3,668 +128 +100 3,896 

Build ZEV Charging Infrastructure [+100] [100]

TOTAL, Abandoned Mine Reclamation Fund (w/o rescission) 139,713 139,831 +567 - +52,367 192,765 

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

TOTAL, Abandoned Mine Reclamation Fund (w/ rescission) 139,713 129,831 +567 - +62,367 192,765 
Budget-At-A-Glance 

Office of Surface Mining Reclamation and Enforcement 23

Total Discretionary Funding

2020 

Actual

2021 

Enacted

Fixed

Cost

(+/-) 

Internal

Transfers

(+/-) 

Program 

Change

(+/-) 

2022 

Request

TOTAL, Discretionary Funding (w/o rescissions) 257,507 257,599 +2,798 - +51,625 312,022 

Rescission of Prior Year Balances - -35,000 - - +35,000 - 

TOTAL, Discretionary Funding (w/ rescissions) 257,507 222,599 +2,798 - +86,625 312,022 

Budget Resources with Offsetting Collections/1

2020 

Actual/2

2021 

Enacted

Fixed

Cost

(+/-) 

Internal

Transfers

(+/-) 

Program 

Change

(+/-) 

2022 

Request

Total Regulation and Technology 117,794 117,768 +2,231 - -742 119,257 

Civil Penalties 13 100 100 

Offsetting Collections - Permit Fees 14 40 40 

Total Regulation and Technology (with Civil Penalties 

and Offsetting Collections) 117,821 117,908 +2,231 - -742 119,397 

Total Abandoned Mine Reclamation Fund 139,713 139,831 +567 - +52,367 192,765 

Total, Budget Resources with Offsetting Collections 257,534 257,739 +2,798 - +51,625 312,162 

1. Does not include rescissions of prior year balances enacted in FY 2021. 

2. FY 2020 Actual reflects actual Civil Penalties collections of $13,228, actual Permit Fee collections of $14,142, and $25,858 in appropriated funds 

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

Office of Surface Mining Reclamation and Enforcement 24

Mandatory Funding

2020 

Actual

2021 

Enacted

Fixed

Cost

(+/-) 

Internal

Transfers

(+/-) 

Program 

Change

(+/-) 

2022 

Request

Payments to States and Tribes in Lieu of Coal Fee 

Receipts (Treasury Funds) 44,910 39,950 - - -3,450 36,500 

In Lieu Payments to Certified States and Tribes 44,910 39,950 -3,450 36,500 

Mandatory Grants to States (AML Funds) 136,663 121,472 - - -2,772 118,700 

Grants to Noncertified States

State & Tribal Share 25,991 19,693 +1,207 20,900 

Historic Coal Fund 87,451 75,736 -4,636 71,100 

Minimum Program Make Up 23,221 26,043 +657 26,700 

Total Payments/Grants to States and Tribes 181,573 161,422 -6,222 155,200 

Less Mandatory Sequester -10,713 -9,201 -8,847

Total Payments/Grants to States and Tribes (after 

Mandatory Sequestration)* 170,860 152,221 -5,868 146,353 

United Mine Workers of America Plans (UMWA) 1,944,852 739,270 - - -15,438 723,832 

Payments to United Mine Workers of America (UMWA) 

Health Benefit Plans (AML Fund Interest) 37,132 29,220 -18,888 10,332 

Payments to UMWA Health Benefit Plans (Treasury Funds) 339,717 387,894 +41,262 429,156 

Payments to 1974 UMWA Pension Plan (Treasury Funds) 1,568,003 322,156 -37,812 284,344 

TOTAL, Mandatory Funding 2,126,425 900,692 - - -21,660 879,032 

Total Mandatory Funding with Sequestration* 2,115,712 891,491 - - -21,306 870,185 

* 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 5.9% for FY 2020 and by 5.7% for FYs 2021 and 2022, in accordance with the

reductions to other non-exempt nondefense mandatory programs specified in the OMB Reports to Congress on the Joint Committee

Reductions for FYs 2020 and 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)

2020 

Actual

2021 

Enacted

Fixed 

Costs 

(+/-) 

Internal 

Transfers 

(+/-) 

Program 

Changes 

(+/-) 

2022 

Request

Change 

From 

2021 

(+/-) 

Abandoned Mine 

Reclamation Fund 124,480 124,480 +154 - +52,037 176,671 +52,191 

State Program Evaluation 2,662 2,707 +66 +44 2,817 +110 

FTE 27 15 - 15 - 

Federal Programs - Projects 1,548 1299 +785 2084 +785 

Federal Programs - 

Operations 2,066 2,081 +22 +1,208 3,311 +1,230 

FTE 3 5 +8 13 +8

Program Development 

and Maintenance 3,204 3,393 +66 - 3,459 +66 

FTE 8 15 - 15 - 

AML Economic 

Development 115,000 115,000 +50,000 165,000 +50,000 

Total, Environmental 

Restoration 124,480 124,480 +154 - +52,037 176,671 +52,191 

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 2022 Program Changes for Environmental Restoration 

Request Component ($000) FTE

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

Fund Federal Emergency Reclamation Projects +785 - 

Replace Hydrocarbon-powered Vehicles with ZEVs +82 - 

Expand AML Economic Revitalization (AMLER) Grants +50,000 - 

TOTAL Program Changes +52,037 +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 2022, the 

Environmental Restoration program plans to remediate 13,000 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 2022 Program Changes 

The 2022 budget request for Environmental Restoration is $176,671,000 and 43 FTE, a program change of 

+$52,037,000 and +8 FTE from the 2021 enacted. 

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 

reservations in Oklahoma were likewise never disestablished. OSMRE is analyzing the potential effects of 

these rulings on its jurisdiction on other reservations in Oklahoma. 

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 provides 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 

$825,000 to address AML emergencies using available unobligated balances from prior year 

appropriations. OSMRE projects that those available balances will be exhausted by early FY 2022. The 

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

situations that impact health and safety as they arise. 

Zero Emission Vehicle Fleet Conversions (+$82,000): The 2022 budget includes funding to convert 

approximately 35 percent of OSMRE’s sedan fleet to zero emission vehicles (ZEVs). This conversion will 

immediately reduce the Interior’s contributions to greenhouse gas emissions and dependence upon 

hydrocarbons. 
Environmental Restoration 

Office of Surface Mining Reclamation and Enforcement 27

Expand AML Economic Revitalization (AMLER) Grants (+$50,000,000): The Administration is 

committed to addressing the thousands of abandoned mines that pose serious safety hazards and cause 

ongoing air, water, and other environmental damage, much of which is in rural communities that have 

suffered from years of disinvestment. As part of this Reclamation Jobs initiative, the FY 2022 request 

includes $165.0 million for Abandoned Mine Land Economic Revitalization (AMLER) grants, an increase 

of $50.0 million above the 2021 enacted level. These grants support abandoned coal mine reclamation 

projects that have a nexus to local economic development. AMLER grants are distributed to six 

Appalachian States with the highest number of unfunded Priority 1 and Priority 2 AML sites for reclamation 

in conjunction with economic and community development and reuse goals. The 2022 investment in the 

AMLER grants supports the Administration’s efforts to create 250,000 good-paying union jobs for cleaning 

up abandoned and often hazardous mining sites. These grants complement Reclamation Jobs investments 

elsewhere in DOI’s FY 2022 President’s Budget, including the Energy Community Revitalization Program, 

as well as in the President’s American Jobs Plan. 
Environmental Restoration 

Office of Surface Mining Reclamation and Enforcement 28

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 other partners can make further investments 

in productive uses, such as agriculture, wildlife habitat, or development. 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 Abandoned 

Mine Land (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 127. 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 $7.2 billion. In 

addition, there is an estimated $2.7 billion of Priority 3 problems, for a total of $9.9 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 and distribution of the fee was revised by the 

Tax Relief and Health Care Act of 2006, which included the Surface Mining Control and Reclamation Act 

Amendments of 2006 (Public Law 109-432). This 2006 Act extended the authority for fee collection 

through September 30, 2021, lowered the fee and the amount collected, and changed the way State and 

Tribal reclamation grants are funded, beginning in FY 2008. State and Tribal reclamation grants are 

permanent appropriations. The remaining 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. 
Environmental Restoration 

Office of Surface Mining Reclamation and Enforcement 29

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. 

ENVIRONMENTAL RESTORATION 

ENCOMPASSES:

State Program Evaluation

Federal Reclamation Program – Projects

• Watershed Cooperative Agreements

• Civil Penalty Projects

• Federal Emergency Projects

Federal Reclamation Program – Operations 

Program Development and Maintenance 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 2022 and beyond, OSMRE will continue to encourage 

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

private and grass roots 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 

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 meet annual 

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

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. 
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Office of Surface Mining Reclamation and Enforcement 30

2022 PROGRAM PERFORMANCE

Abandoned Mine Reclamation Fund

The Surface Mining Control and Reclamation Act (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 2022 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. Watershed Cooperative Agreements and high-priority and 

emergency coal projects under the Federal Reclamation Program in States and Tribes without approved 

AML programs are proposed to be covered in FY 2022 by the remaining funds appropriated for these 

programs from prior years. 

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).
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Office of Surface Mining Reclamation and Enforcement 31

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 

Oklahoma 

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 

Oklahoma 

Pennsylvania 

Tennessee 

Texas

Utah 

Virginia 

West Virginia 

Wyoming 

Crow Tribe 

Hopi Tribe 

Navajo Nation 

Federal 

Responsibility

California 

Georgia 

Idaho 

Massachusetts 

Michigan 

North Carolina

Oregon 

Rhode Island 

South Dakota 

Washington

Tribes other than 

Crow, Hopi and 

Navajo* 

California 

Georgia 

Idaho 

Massachusetts 

Michigan 

North Carolina

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, most

recently on Cherokee Tribal lands in Oklahoma and the Fort Peck Reservation in Montana.

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 2022 budget 

request includes $2,817,000 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 
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Office of Surface Mining Reclamation and Enforcement 32

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. 

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 projects funded by Federal civil penalties 

collected from operators and projects funded from bonds forfeited by operators of Federally permitted sites. 

OSMRE monitors watershed cooperative agreement projects and provides technical assistance to States 

and Tribes specific to these projects. 

a. Federal Reclamation Projects

The request includes $2,084,000 for Federal emergency reclamation projects and watershed 

cooperative agreements. OSMRE will also continue to administer Federal reclamation projects in FY 

2022 utilizing civil penalty funding collected and available high priority project funding provided in 

prior-year appropriations, as required. 

(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, especially 

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

projects to clean streams affected by Acid Mine Drainage (AMD).3

 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. Agencies 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

3 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 33

areas. Communities are strengthened and capacity increased due to the awareness, 

knowledge, and outreach that this program fosters. The request includes $1,299,000 for 

Watershed Cooperative Agreements. 

Recent examples of projects funded under the WCAP include: 

Pinkertons Run (Pennsylvania): This project is part of a comprehensive strategy to restore the 

Pinkertons Run watershed, including streambank stabilization, reforestation and riparian 

plantings to increase shade and lower temperatures to support cold water fishes, remove invasive 

species, and provide stormwater management. The Pinkertons Run watershed is located in 

Settlers Cabin Alleghany County Park, near Pittsburgh, Pennsylvania and its approximately 

1,600-acre watershed is nearly coterminous with the park’s boundaries. Portions of the park were 

surface and underground mined for coal prior to enactment of SMCRA. Nature works to heal 

itself and the mined areas have regained its original natural beauty, except for unsightly and 

polluting AMD discharges. The Pinkertons Run stream valley contains stands of hemlock and 

other native tree species and large patches of native wildflowers such as trout lily with spectacular 

spring blooms. The valley is used to a limited extent by hikers and mountain bikers, but it has 

the potential to become a popular destination provided the most egregious AMD discharges is

remediated and other watershed restoration projects are implemented. The applicant received 

$131,000 to be used with $355,888 in partner funding. 

Beaver Creek (West Virginia): Beaver Creek is a tributary to Big Sandy Creek of the Cheat River 

watershed in Preston County, West Virginia. It is identified on West Virginia’s Clean Water Act 

303(d) List of Impaired Streams for biological impairments. Big Sandy Creek is a viable fishery 

and is nationally known for river recreation. For these reasons, Friends of the Cheat (FOC), a 

local watershed organization, has targeted river restoration activities in Beaver Creek since the 

1990s. The 2011 Environmental Protection Agency (EPA) Total Maximum for Daily Loads 

(TMDL) identified the AMD emanating from two seeps at this site as the largest contributor of 

iron and aluminum to the receiving stream, an unnamed tributary of Beaver Creek. In 2019, FOC 

obtained funding from OSMRE’s Watershed Cooperative Agreement Program to construct a 

passive treatment system to 

collect and treat the AMD from 

both seeps. The newly 

constructed treatment system 

consists of limestone leach beds, 

settling ponds, and a wetland 

complex. The treatment at this 

site will reduce current pollutant 

loads in the Unnamed Tributary 

(UNT) of Beaver Creek by 80%, 

and eventually lead to its 

removal from the State’s list of 

impaired waters. The total cost 

of this project was $338,683, Beaver Creek Treatment Plant showing

nearly complete settling ponds and wetland.
Environmental Restoration 

Office of Surface Mining Reclamation and Enforcement 34

with $131,025 provided by an OSMRE WCAP. 

Waechter Reclamation Project (Iowa): This project is located approximately two miles 

southwest of the city of Harvey, Iowa. 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 current condition of the site negatively impacts an un-named tributary of Walnut 

Creek, which is part of an actively fished network of streams. 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 including two small drainage 

ways and a wetland. 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 84 acres utilizing a terrace and tile design and incorporate 2.51 acres of wetland. 

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

used with $1,503,333 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.

Fees-In-Law Reclamation Project (Iowa): This approximately 56.4-acre abandoned mine land 

site is located approximately three miles southwest of the city of Bussey, Iowa. 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 current condition of the site negatively impacts 

an un-named tributary of Cedar Creek, which is actively used for recreation. 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. 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 

$1,245,196 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 2020, 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 is being conducted to improve an active 

treatment system by removing accumulated sludge from, and eliminating two ponds, and 
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Office of Surface Mining Reclamation and Enforcement 35

providing long-term and sustainable sludge handling and disposal by constructing a drying bed. 

Upon completion of the project, sludge from the treatment system will be dried in the bed and 

disposed of offsite. The project is expected to be completed by the end of calendar year 2020. 

Civil penalty funds in the amount of $315,965 were allocated for this project. 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. 

Isabella Project, Pennsylvania: The site was a coal preparation facility with substantial coal 

refuse, impoundments, and a clear water storage impoundment on site. Off-road activity offthroughout the property abound. Also, the rising level of water in the fresh-water impoundment 

has flooded a public road, and the potential for overtopping the embankment is a serious health 

and safety concern. The project includes reclamation of 45 acres of refuse piles, design and 

construction of an outlet structure for the freshwater impoundment, and design and construction 

of collection and passive treatment systems for five AMD discharges. To date, equipment has 

been put in place to lower the level of the impoundment and to measure flows of the AMD 

discharges. Throughout FY 2021, work will continue on design and construction of the 

impoundment outlet structure, the refuse pile reclamation, and, potentially, the AMD discharge 

treatment plan. This portion of the project will involve expenditure of $227,405 in forfeited bond 

and $430,000 in civil penalty funds. Although OSMRE will continue to provide Technical 

Assistance in the form of field evaluation and support of design services, the remaining phases 

will be accomplished using forfeited bond funds, supplemented with other sources of funds as 

they become available. Design and construction for this project are expected to continue through 

FY 2021. 

Flight 93 National Memorial, Sludge Management Project, Pennsylvania: The sludge removal 

project at the Flight 93 Memorial site is intended to be a long-term solution for disposal of sludge 

resulting from treatment of water being discharged from underground mine workings at the 

Memorial site. Upon discharge of water from the mine workings, it is aerated and passed through 

a series of settling ponds and wetlands before being discharged into a stream. As a result of the 

treatment operation, sludge, consisting primarily of ferric iron, settles in the ponds, with the 

majority accumulating in the first pond. The subject project involves installation of equipment 

and supporting infrastructure to remove sludge from the first pond. The equipment can be moved 

in the event it becomes necessary to remove sludge from the other ponds. Construction on this 

project will be completed during FY 2021. 

(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.

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. 
Environmental Restoration 

Office of Surface Mining Reclamation and Enforcement 36

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 emergency situation. The remaining reclamation will be completed, as appropriate, 

after the emergency has been addressed. 

During FY 2020, OSMRE expended $1.8 million to address three AML emergencies in 

Washington State: 

Project WA-19-005, a subsidence feature in a popular hiking area in Issaquah, WA, where 

OSMRE expended $110,057 for Architecture and Engineering and construction services to 

remediate the feature.

Project WA-20-001, a subsidence feature at the Newcastle Golf Club located in Newcastle, WA, 

where OSMRE expended $199,079 for Architecture and Engineering and construction services 

to remediate the feature.

Project WA-20-006, a large coal tailings pile mine fire in Cumberland, WA, where OSMRE 

expended $1,494,183 for Architecture and Engineering and construction services to extinguish 

the fire.

Based on historic trends, OSMRE expects to expend financial resources on at least three additional 

emergency AML projects during FY 2021 using available carryover funding from prior year 

appropriations, and projects that the remaining carryover will be fully expended in early FY 2022. 

The request includes $785,000 to address AML emergencies projects. 

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 
Environmental Restoration 

Office of Surface Mining Reclamation and Enforcement 37

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);

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 $3,311,000 and 13 FTE, of which $1,208,000 and 8 FTE are to establish a new 

Federal Reclamation Program for Tribal lands in Oklahoma. 

Program Development and Maintenance 

The Program Development and Maintenance activity is an integral part of the State and Tribal funding 

program. The FY 2022 budget proposes $3,459,000 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 the 

National Environmental Policy Act (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 
Environmental Restoration 

Office of Surface Mining Reclamation and Enforcement 38

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 

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. 

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 them 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. 
Environmental Restoration 

Office of Surface Mining Reclamation and Enforcement 39

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 

Financial and Business Management System (FBMS) financial assistance module for internal 

processing of all grant and cooperative agreement obligation, 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 grants and program management. 

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. 

OSMRE also continues to manage and monitor progress of grants issued under the Abandoned Mine 

Land Economic Revitalization (AMLER) Program, authorized and funded in prior-year Appropriations 

Acts. This program administers grants to six states and three tribal nations for AML reclamation, where 

the reclamation has a nexus to economic and community development. Since FY 2016, the program 

has provided $540 million to problem areas in rural America with the dual purpose of providing 

economic and community development while achieving reclamation of historic abandoned mine sites. 

Some of the projects that are underway in FY 2021 include: 

Friendship Park Highwall Reclamation Project (Ohio): The Ohio Department of Natural 

Resources Division of Mineral Resources Management Abandoned Mine Land Program 

manages this pilot project for which construction began in September 2020. The site is located 

north of Smithfield, Ohio. and consists 

of an 85-acre lake, five smaller lakes, 

shelter houses, picnic areas, 

campgrounds, walking and bridle trails, 

and the home of the Jefferson County 

Fairgrounds. The Pilot grant funding 

will reclaim 2,700 linear feet of these 

unsafe highwalls. In addition to 

abating the AML public health and 

safety hazards, the project will create 

new recreational opportunities for the 

park, promote biodiversity and provide 

long-term economic benefits to the 

park district and local community.

Deteriorating section of dangerous highwall just east of County 

Road 23 near Smithfield, Ohio
Environmental Restoration 

Office of Surface Mining Reclamation and Enforcement 40

As part of the project, a Recreational Use Plan was developed to take advantage of the AML 

reclamation project’s creation of 27.5 acres of new open space that is aesthetically pleasing, 

restores native grass and forest lands, creates 4.3 acres of pollinator habitat, reestablishes riparian 

corridors, and uses natural stream channel designs and permanent wetlands in the storm water 

controls. The newly designed trail system will expand the existing 2,100 feet of trail to over 

8,000 feet of walking and bridle trails. 

Gladden AMD Active Treatment Plant and Fishing Run Stream Sealing Project (Pennsylvania): 

This combined AMLER and AMD Set-Aside project involves design, construction and operation 

of a mine drainage treatment facility to fully treat 

the Gladden underground mine discharge. This 

discharge originates from an abandoned 

Pittsburgh Seam underground mine and has an 

average flow rate of 700 gallons per minute. The 

discharge impacts four miles of the primary 

receiving stream, Millers Run, as well as several 

miles of Chartiers Creek. Of the nine major AMD 

Discharges identified as part of the Chartiers 

Creek Watershed Assessment, the Gladden 

Discharge accounts for 40% of the total iron 

pollution. Upstream of the discharge, Millers Run 

is a trout stocked fishery, one of only several 

located in Allegheny County. Downstream of the 

Gladden Discharge the stream presently supports 

no aquatic life. 

Millers Run downstream of the Gladden AMD 

discharge, taken from Millers Run Road looking 

downstream, South Fayette Township, Pennsylvania

The facility will employ active treatment technology and utilize a chemical oxidizer to achieve 

treatment of the iron laden net alkaline mine water. This facility will be the first plant in 

Pennsylvania designed from inception to utilize this technology. The projects partners include 

South Fayette Conservation Group, South Fayette Township, Kosky Contracting, PA Turnpike 

Commission, Allegheny County, Tetra Tech and OSMRE. 
Environmental Restoration 

Office of Surface Mining Reclamation and Enforcement 41

Mountain State Broadband Expressway Project (West Virginia): West Virginia Department of 

Environmental Protection manages this project to construct up to 80 fiber-connected towers on, 

or adjacent to, AML sites to expand broadband 

resources into unserved and underserved areas of 

West Virginia. OSMRE issued an authorization to 

proceed with construction of the first four towers 

in 2018. Three of these towers have been 

constructed and will be functional once an 

agreement is signed with a broadband service 

provider. West Virginia ranks 47th in the Nation 

in terms of broadband connectivity, a ranking 

which prevents many businesses from locating or 

expanding into the State. The Mountain State 

Broadband Expressway Project will help address 

the growing “digital divide” which, over the last 

decade, has widened at an ever-increasing rate in 

rural communities of West Virginia. The project will address two of the main barriers to 

increasing broadband services in these communities―access to fiber and implementation cost 

tower construction.

Broadband tower in place

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 program 

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 program amendments through 

proposed rules published in the Federal Register, holds public meetings, maintains the administrative 

record, approves or does not approve proposed State program amendments, and publishes the decisions 

as final rules in the Federal Register.
Environmental Restoration 

Office of Surface Mining Reclamation and Enforcement 42

ENVIRONMENTAL RESTORATION

2021 Planned Program Performance

In FY 2021, the planned activities in the Environmental Restoration program activity include: 

• Continue partnerships with not-for-profit watershed and related reclamation groups by monitoring 

Watershed Cooperative Agreement Program (WCAP) projects funded before or during FY 2020 

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 (UGMMI), 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 Abandoned Mine Land Economic Revitalization 

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 43

2020 Program Accomplishments 

In FY 2020, the major accomplishments in the Environmental Restoration program activity include: 

• Managed the $171 million in mandatory AML grants provided to the 25 coal-producing States

and three Tribes with an approved AML program.

• Provided $115 million in AML Economic Revitalization Program sponsored grants to six States

and three Tribes.

• Improved land and water health by reclaiming, or mitigating, the equivalent of 17,760 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 $1,803,319 to address three AML emergencies in

Washington State, and $255,691 to address a High Priority subsidence feature in California.
Environmental Restoration 

Office of Surface Mining Reclamation and Enforcement 44

Page Intentionally Left Blank
TAB 

Environmental Protection
Page Intentionally Left Blank
Environmental Protection 

Office of Surface Mining Reclamation and Enforcement 45

ENVIRONMENTAL PROTECTION

Environmental Protection Budget Request

(Dollars in Thousands)

2020 

Actual

2021 

Enacted

Fixed 

Costs 

(+/-) 

Internal 

Transfers 

(+/-) 

Program 

Changes 

(+/-) 

2022 

Request

Change 

from 

2021 

(+/-) 

Regulation and 

Technology 88,588 88,562 +777 - -1,486 87,853 -709

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

FTE - - - 

State Program Evaluation 8,080 8,080 +364 +365 8,809 +729

FTE 72 81 - 81 - 

Federal and Indian Lands 

Program 6,078 6,052 +208 +1,694 7,954 +1,902

Offsetting Collections [+14] [+40] [+40]

FTE 35 46 +8 54 +8

Federal Lands 1,436 1,436 +46 +45 1,527 +91

FTE 9 10 - 10 - 

Program Development 

and Maintenance 4,404 4,404 +159 - 4,563 +159

FTE 15 35 - 35 - 

Total, Environmental 

Protection 88,588 88,562 +777 - -1,486 87,853 -709

Total FTE 131 172 +8 180 +8

FY 2020 Actuals include $40,000 in additional appropriated funds for permitting activities and $14,142 of 

actual collections for permitting activity.
Environmental Protection 

Office of Surface Mining Reclamation and Enforcement 46

Summary of 2022 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 - 

TOTAL Program Changes -1,486 +8

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 2022 Program Changes 

The 2022 budget request for Environmental Protection is $87,843,000 and 180 FTE, a program change of 

-$1,486,000 and +8 FTE from the 2021 enacted. 

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.

Establish Indian Lands Program in Oklahoma (+$1,450,000/+8 FTE): 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 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 additional reservations in Oklahoma were likewise never disestablished. OSMRE is 

analyzing the potential effects of these rulings on its jurisdiction on other reservations in Oklahoma. The 

request will cover the staffing and operational requirements for implementing an Indian Lands regulatory 

program in Oklahoma. 

Zero Emission Vehicle Fleet Conversions (+$654,000): The 2022 budget includes funding to convert 

approximately 35 percent of OSMRE’s sedan fleet to zero emission vehicles (ZEVs). This conversion will 

immediately reduce the Interior’s contributions to greenhouse gas emissions and dependence upon 

hydrocarbons. 
Environmental Protection 

Office of Surface Mining Reclamation and Enforcement 47

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 2020, the permitted area of coal mining operations encompassed 3.5 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. 

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

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 

Office of Surface Mining Reclamation and Enforcement 48

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, advance coal re-mining efforts, 

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 2022, 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.
Environmental Protection 

Office of Surface Mining Reclamation and Enforcement 49

The FY 2022 budget request includes $8.8 million to improve implementation of existing laws and to 

support States and Tribes. The request also includes $7.9 million to fund regulatory programs in nonprimacy States, including Tennessee and Washington, and on Indian Lands. Also included in the FY 2022 

budget request is $1.5 million for OSMRE to carry out mine plan reviews for Federal lands, and $4.6 million 

for program development and maintenance to continue to streamline mine plan decision processes and 

ensure that regulatory standards adequately reflect changes in technologies and program needs. 

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. 
Environmental Protection 

Office of Surface Mining Reclamation and Enforcement 50

2022 PROGRAM PERFORMANCE

State and Tribal Funding

The $65,000,000 requested for FY 2022 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 

2022 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 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 
Environmental Protection 

Office of Surface Mining Reclamation and Enforcement 51

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 60,903 inspections in FY 2020 (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 $8,809,000 requested for FY 2022 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. 
Environmental Protection 

Office of Surface Mining Reclamation and Enforcement 52

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/lrg/docs/directive967.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 2020, OSMRE conducted 760 oversight inspections in primacy States (see Table 2). OSMRE 

intends to perform oversight inspections in FY 2021 and FY 2022 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 COVID-19 pandemic related constraints, could impact the number of inspections. 
Environmental Protection 

Office of Surface Mining Reclamation and Enforcement 53

Table 2 – Inspections Conducted in Primacy States in FY 2019

State

Partial 

State 

Inspections

Complete

State 

Inspections

Total 

State 

Inspections

OSMRE

Oversight 

Inspections

Alabama 9 1,700 1,709 35

Alaska 43 28 71 0

Arkansas 46 20 66 2

Colorado 176 110 286 6

Illinois 574 326 900 19

Indiana 569 331 900 12

Iowa 0 0 0 0

Kansas 48 24 72 2

Kentucky 11,415 5,882 17,297 213

Louisiana 18 11 29 3

Maryland 447 256 703 8

Mississippi 19 10 29 2

Missouri 48 28 76 3

Montana 76 65 141 3

New Mexico 24 24 48 2

North Dakota 427 96 523 5

Ohio 1,120 606 1,726 42

Oklahoma 258 216 474 9

Pennsylvania 5,627 3,956 9,583 224

Texas 263 130 393 2

Utah 139 101 240 4

Virginia 1,976 1,300 3,276 26

West Virginia 14,323 7,735 22,058 119

Wyoming 191 112 303 19

Total 37,836 23,067 60,903 760 

Footnote: OSMRE inspections in primacy Statesinclude 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, 2019, through June 30, 2020.

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 

representative has a reason to believe, based upon information readily available to him or her, that a 
Environmental Protection 

Office of Surface Mining Reclamation and Enforcement 54

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 appropriate other 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 2020, OSMRE observed 624 violations during oversight inspections. Of these, 

304 were appropriately deferred to States for action either during the joint inspection process or as the 

final resolution of a TDN. OSMRE also received 14 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 Applicant Violator System 

(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 2021 and FY 2022. 

Federal and Indian Lands Programs

The FY 2022 request provides $7,944,000 and 54 FTE to conduct required activities in the Federal and 

Indian Lands Program. 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 Program. 
Environmental Protection 

Office of Surface Mining Reclamation and Enforcement 55

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 2020, the Federal program in Tennessee had 96 permits for coal mining operations, 

of which 55 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 2020, 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 2020, the Tennessee IUL indicated a total of 55 Permanent 

Program permits, listed as active. Three of these permits produced coal at some time throughout 

the year. It also includes a total of 33 Inactive permits and five abandoned permits under the 

Permanent Program. These 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, 11 Active Non-Producing sites, 17 Mining Complete sites, 22 sites in 

Temporary Cessation, 18 sites in Phase I Bond Released, 11 Phase 2 Bond Released sites, two 

non-disturbed sites, nine no mining, six abandoned and forfeited sites, for a total of 96 permits 

on the Tennessee IUL. The Lexington Field Office/Knoxville Office (LFO/KO) received no new 

permit applications in FY 2020 and has six other applications in various stages of review. At the 

end of FY 2020, LFO/KO received five new Successor-In-Interest (SII) applications, had 11 SII 

applications pending submittal of bonds. Over the past ten-year period, Tennessee’s coal 

production has experienced a decline from 2.2 million tons in calendar year 2009 to 0.4 million

tons in calendar year 2019. 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 Army 

Corps of Engineers, the Environmental Protection Agency, 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.
Environmental Protection 

Office of Surface Mining Reclamation and Enforcement 56

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 did not forfeit any bonds during FY 2020. 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 
Environmental Protection 

Office of Surface Mining Reclamation and Enforcement 57

sites by selecting the sites that have the most potential to cause environmental harm, if left 

unreclaimed, and expends the available funds on these sites. During FY 2020, 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 2021. 

In April 2018, the State of Tennessee enacted Senate Bill 686, and signed into law, the Primacy 

and Reclamation Act of Tennessee (herein referred to as “TPRA”). The 2018 legislative changes 

amend the Tennessee Code Annotated (“Tenn. Code Ann.”), at Tenn. Code Ann. §§ 59-8-101 et 

seq., to enable Tennessee to obtain primacy under SMCRA and assume jurisdiction to regulate 

surface coal mining and reclamation operations within the State of Tennessee. In a letter dated 

March 2, 2020, the Tennessee Department of Environment and Conservation (“TDEC” or “the 

State”) requested pre-submission assistance and enclosed an informal submission of the State 

statutory language for OSMRE review. OSMRE evaluated the proposed State language and 

provided the State with detailed written review findings on whether State’s statutory provisions 

are consistent and in accordance with SMCRA. OSMRE completed its 2020 review of the TPRA 

language and identified significant deficiencies across several major program areas. Specifically, 

findings documented noted that much of the language in TPRA is not in accordance with, less 

stringent than, and does not meet the requirements of SMCRA. OSMRE recommends further 

revisions to the submission that will require TDEC to thoroughly review OSMRE’ findings and 

may require additional legislative action to revise the TPRA and potentially other Tennessee 

State law. OSMRE has offered to continue meeting with the State in development of a formal 

program and is continuing support in FY 2021. 

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. TransAlta 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 is close to issuing its decision on the 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 
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Office of Surface Mining Reclamation and Enforcement 58

process, a significant revision application to re-commence was approved in April 2018. As of 

September 2020, PCCC has not resumed mining because it cannot secure a customer, and work 

is limited to reclamation. In addition to the significant revision approval, OSMRE renewed the 

existing permit through December 2019. PCCC has submitted a permit renewal application, 

which was administratively delayed while PCCC secured an increase in its reclamation bond. 

PCCC amended its bond in late 2019, and the application is currently under OSMRE review. 

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 charged itself with 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. 

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 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. Kayenta mine has submitted a permit renewal application which 

OSMRE has administratively delayed because it cannot provide public access to the application 

nor hold public meetings if requested due to the ongoing health and safety concerns associated 

with the COVID-19 pandemic. 

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. 
Environmental Protection 

Office of Surface Mining Reclamation and Enforcement 59

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. There currently is no surface disturbance related to 

mining on Ute Mountain Ute lands. 

OSMRE assumed responsibility for regulating coal mining and reclamation activities on Muskogee 

(Creek) Tribal lands from the Oklahoma Department of Mines and the Oklahoma Conservation 

Commission in FY 2021, following the Supreme Court decision in McGirt. Court decisions pending at 

the time of publication are expected to confer SMCRA Indian land status to the Cherokee and Choctaw 

Tribal lands in Oklahoma. Once so designated, OSMRE will assume regulatory and reclamation 

responsibilities for those Indian lands.

The number of permitting actions processed by the Indian Lands Program during FY 2020 is shown in 

Table 3. 

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

Activity

Federal 

Programs 

FY 2020 

Actual

Federal 

Programs 

FY 2021 

Projected

Indian 

Lands

FY 2020 

Actual

Indian 

Lands

FY 2021 

Projected

In progress (prior FY) 59 67 20 18 

Anticipated Submissions (current FY) 19 19 59 60 

Total FY workload 78 86 79 78 

Completed in FY 11 11 61 64 

Balance, end of FY 67 75 18 14 

Source: OSMRE Data for States and Tribes system (DST) FY 2020. 

Note: Federal Program numbers do not include reviews of more than one version of a significant 

revision or environmental assessment.

Table 4 provides inspection and enforcement data for the Federal and Indian Lands Programs during 

FY 2020.
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Office of Surface Mining Reclamation and Enforcement 60

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 456 181 637 70 55 

Washington 20 5 25 2 1 

States Total 476 186 662 72 56 

Crow Tribe 18 6 24 0 0 

Hopi Tribe 0 1 1 0 0 

Navajo Nation 39 13 52 0 0 

Ute Tribe 0 0 0 0 0 

Tribes Total 57 20 77 0 0 

Source: Inspections from OSMRE Data for States and Tribes systems (DST) FY 2020. 

Violation data from OSMRE Inspection and Enforcement Tracking System (I&E) FY 2020.

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 

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.

As part of the Federal Lands program, OSMRE conducts environmental impact analysis in accordance 

with the National Environmental Policy Act (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, the National Park Service, the Environmental Protection Agency, and the U.S. 

Army Corps of Engineers, 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. 

This request includes $1,527,000 and 10 FTE for the Federal Lands program. 
Environmental Protection 

Office of Surface Mining Reclamation and Enforcement 61

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 2020 

Actual 

FY 2021 

Projected

In progress (prior FY) 9 9 

Anticipated Submissions (current FY) 5 5 

Total FY workload 14 14 

Completed in FY 5 8 

Balance, end of FY 9 6 

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. OSMRE 

will continue efforts to implement the recommendations in the joint BLM/OSMRE report to the 

Secretary of the Interior on efforts to streamline the NEPA process for mine plan decision documents 

for leased Federal coal. 

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 request provides $4,563,000 and 35 FTE. 

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 2020, OSMRE worked extensively on two 

rulemaking activities resulting in publication of one. The other rulemaking is anticipated to be 
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Office of Surface Mining Reclamation and Enforcement 62

published in the early part of FY 2021. The latter rulemaking is related to streamlining and improving 

efficiency of the OSMRE oversight program. The primary rulemaking activity for OSMRE at 

publication of this document deals with State programs. 

Rulemaking Associated with State Programs: OSMRE assists States with development, administration, 

implementation, and maintenance of their approved regulatory programs. Decisions to approve or 

disapprove State program amendments are Federal rulemaking actions. OSMRE evaluates Stateinitiated 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 program amendments, and publishes the decisions as 

final rules in the Federal Register.

In an effort to modernize the tracking of State program amendments and ensure timely processing as 

required by Federal regulations, OSMRE researched and evaluated the current tracking methods, 

investigated alternative methods for tracking State program amendments and developed a web-based 

application for tracking State program amendments and increasing the efficiency of processing State 

program amendments. This application will be rolled out in Fiscal Year 2021 and OSMRE will provide 

training and support to end users. 

During FY 2020, OSMRE completed activity on seven State program amendments, as summarized in 

Table 6.

Table 6 – FY 2020 State Program Amendment Activity

Number of Amendments

Amendment Type Pending

Oct. 1, 2019 

Received

FY 2020 

Completed

FY 2020 

Pending

Sept. 30, 2020

Pre-Submission 

Assistance 7 3 3 7 

Formal 5 2 4 3 

Total 12 5 7 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 
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Office of Surface Mining Reclamation and Enforcement 63

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), Army Corps of Engineers 

(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). OSMRE will continue to streamline the 

NEPA process for consistency with DOI guidelines and policies in compliance with applicable 

Secretarial Orders. 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 2021, OSMRE, in conjunction with USFWS will 

conduct training and outreach to stakeholders, including the State regulatory authorities, on the impact 

of the 2020 Biological Opinion and Conference Report.
Environmental Protection 

Office of Surface Mining Reclamation and Enforcement 64

ENVIRONMENTAL PROTECTION

2021 Planned Program Performance 

In FY 2021, 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 of 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 eight 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.

• Analyzing the extent of the U.S. Supreme Court McGirt v. Oklahoma decision in this year 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. 

Coal mining in Oklahoma on the Muscogee (Creek) Nation Reservation would be on Indian 

Lands, over which OSMRE would have regulatory jurisdiction under SMCRA. 

• Publishing the Final Rule: 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.

• Revisiting the Ten-Day Notice Rule.

• Finalizing, in conjunction with the USFWS, the 2020 Biological Opinion and Conference Report 

on OSMRE’s Title V Regulatory Program and training to stakeholders. 

• Conducting consultations and assuming Federal primacy for regulating active coal mining on 

Muskogee (Creek) tribal lands in Oklahoma. 
Environmental Protection 

Office of Surface Mining Reclamation and Enforcement 65

2020 Program Accomplishments 

In FY 2020, the major accomplishments in the Environmental Protection program activity included: 

• Implemented the Federal and Indian Lands Programs, conducting 206 complete and 533 partial 

inspections, and completing 63 permit revisions.

• Oversight of States as they performed 23,067 complete mine inspections and 37,836 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 96 percent of all trees planted on FRA prepared areas. A total number of

1,650,275 trees were planted during FY 2020 with 1,588,501 utilizing FRA on 2,648 acres.

• Completed five 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.

• Provided an extensive review of Tennessee’s pre-submission assistance package outlining 

Tennessee’s proposed regulatory program. 
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Office of Surface Mining Reclamation and Enforcement 66

Page Intentionally Left Blank
TAB 

Technology Development & 

Transfer
Page Intentionally Left Blank
Technology Development and Transfer 

Office of Surface Mining Reclamation and Enforcement 67

TECHNOLOGY DEVELOPMENT AND 

TRANSFER

Technology Development and Transfer Budget Request

(Dollars in Thousands)

2020 

Actual

2021 

Enacted

Fixed 

Costs

(+/-) 

Internal 

Transfers 

(+/-) 

Program 

Changes 

(+/-) 

2022 

Request

Change 

From

2021 

(+/-) 

Regulation and 

Technology 14,765 14,765 +354 - +86 15,205 +440 

Technical Assistance 10,668 10,668 +218 - 10,886 +218 

FTE 50 48 - 48 - 

Training 2,004 2,060 +86 +86 2,232 +172 

FTE 9 19 - 19 - 

Technology Transfer 2,093 2,037 +50 - 2,087 +50 

FTE 7 11 - 11 - 

Abandoned Mine 

Reclamation Fund 3,576 3,608 +66 - +21 3,695 +87

Technical Assistance 1,617 1,626 +31 - 1,657 +31 

FTE 11 7 - 7 - 

Training 794 814 +31 +21 866 +52 

FTE 4 7 - 7 - 

Technology Transfer 1,165 1,168 +4 - 1,172 +4

FTE 1 1 - 1 - 

Total, Technology 

Development and 

Transfer

18,341 18,373 +420 - +107 18,900 +527 

Total FTE 82 93 - 93 - 
Technology Development and Transfer 

Office of Surface Mining Reclamation and Enforcement 68

Summary of 2021 Program Changes for Technology Development and Transfer

Request Component ($000) FTE

Replace Hydrocarbon-powered Vehicles with ZEVs +107 

TOTAL Program Changes +107 - 

The Technology Development and Transfer program supports technical skills that States and Tribes need 

to operate their programs. The FY 2022 request provides resources for technical assistance, training, 

technology development, and technology transfer. 

Justification of 2022 Program Changes 

The 2022 budget request for Technology Development and Transfer is $18,900,000 and 93 FTE, a program 

change of +$107,000 and +0 FTE from the 2021 enacted. 

Zero Emission Vehicle Fleet Conversions (+$107,000): The 2022 budget includes funding to convert 

approximately 35 percent of OSMRE’s sedan fleet to zero emission vehicles (ZEVs). This conversion will 

immediately reduce the Interior’s contributions to greenhouse gas emissions and dependence upon 

hydrocarbons. 
Technology Development and Transfer 

Office of Surface Mining Reclamation and Enforcement 69

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 2021 and 2022, 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.

TECHNOLOGY DEVELOPMENT & TRANSFER

ENCOMPASSES:

Technical Assistance

Technical Training 

Technology Transfer 

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), the Applicant Violator System (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 and Transfer 

Office of Surface Mining Reclamation and Enforcement 70

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 2022 request for this business line is $18.9 million. The request includes $12.5 million for 

Technical Assistance (including the TIPS and AVS support); $3.1 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. 
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Office of Surface Mining Reclamation and Enforcement 71

2022 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 2021 will identify the 

needs for activities in FY 2022. Adjustments within activities may be necessary during FYs 2021 and 2022 

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.4

 The $12,543,000 requested for FY 2022 will fund 55 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, 

4 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.
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Office of Surface Mining Reclamation and Enforcement 72

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. 

OSMRE extends this blasting expertise to other federal agencies like The Mine Safety and Health 

Administration, Bureau of Alcohol Tobacco Firearms and Explosives, USFS, and BLM. To 

achieve the goals set in FY 2020, OSMRE conducted State-specific blasting inspection training, 

maintained the heavily accessed OSMRE Blasting webpage, hosted monthly Blasting Technical 

Chat conference calls (20-30 participants monthly), facilitated State regulatory discussions at State 

coordinated workshops, and responded to numerous State inquiries for technical information and

advice. OSMRE released new versions of the Blast Log Evaluation Program (BLEP) and the Blast 

Induced Vibration Data Evaluation Program (BIVDEP) for use by regulatory personnel nationwide. 

These Excel based tools are used to assist in the evaluation of the accuracy of record keeping and 

to predict the adverse effects of blasting in terms of flyrock, ground vibrations and airblasts. 

OSMRE issues OSMRE Blaster Certificates (recognized by many States for certificate/license 

reciprocity), provides continuing education for blasters, and maintains the Blaster Certification 

Tracking System (BCTS) used to track Federally certified blasters. Currently, 39 blasters possess 

OSMRE Blaster Certificates in the States of Tennessee and Washington and in the Navajo and 

Crow Nations. To improve blaster performance, 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. 

In FYs 2021 and 2022, 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 influence the best technologies currently available, OSMRE will: 

• Chair the International Society of Explosives Engineers’ (ISEE) Standards Committee

which develops and maintains performance and field deployment standards for blasting

seismographs.
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Office of Surface Mining Reclamation and Enforcement 73

• Participate on the National Fire Protection Association’s Technical Committee on

Explosives that develop standards on the safe use of explosives.

• Participate in the ISEE Public Education and Public Relations committee to improve

public understanding.

• Provide blast vibrations advice to the European Federation of Explosive Engineers

(EFFE) Environmental committee for more consistent application of vibration 

standards.

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 Army Corps of Engineers 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 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 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 
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Office of Surface Mining Reclamation and Enforcement 74

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 

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 over $1.18M on a cooperative project to update the computer 

coding and enhance modules of AMDTreat. With the combined expertise of OSMRE, the USGS, 

and the regulatory authorities of Pennsylvania and West Virginia, OSMRE completed all 16 

modules in Phase I and an additional five modules and 18 tools included in Phase II of the project 

as of the end of FY 2020. Remaining coding for Phase II is underway and includes integration of 

a geochemical model as a water quality prediction tool, inclusion of a rare earth element tool that 

will refine print and save utilities, and modifications to the main User Interface. In FY 2021, 

OSMRE will undertake a Beta testing phase by select users, as well as a validation/calibration effort 

to ensure the software yields accurate real-world results. Another tool to be added in FY 2021 will

use the chemical composition of the AMD and, combined with the treatment process, will 

determine the geochemical behavior of these minerals in mine influenced water to indicate potential 

for precipitation and ultimate recovery. That information will aid in determining if the mine water 

could, through extraction processes, economically produce rare earth minerals. Phase II work will

continue into FY 2022. 

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 
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Office of Surface Mining Reclamation and Enforcement 75

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. 

Virginia and West Virginia Blasting. OSMRE provided technical assistance to the regulatory 

authorities of Virginia and West Virginia to assist in determining if overburden blasting on a permit 

was the cause of structural damage to homes. In Virginia, an OSMRE expert used the BIVDEP to 

evaluate 212 blast logs over a one-year period. The BIVDEP program established a site-specific 

decay relationship for the blasting activities which was within the norm of typical blasting 

activities. The available vibration monitoring data near the residence allowed the claim to be 

resolved and resulted in a modification of the blasting activities to ensure the prevention of damage 

with a higher level of confidence. In West Virginia, the review of a blasting related citizen 

complaint under review with West Virginia Department of Environmental Protection (WVDEP) 

initially determined that the damage to a structure is not related to blasting at the mine site. OSMRE 

worked collaboratively with the state to aid in substantiating the findings. 

Ohio Mine Drainage: In the Wilds Ohio Mine Drainage and Impoundment Assessment, Meigs 

Township, Muskingum County, Ohio, OSMRE worked cooperatively with The Wilds, a 9,000-acre 

park that fosters numerous rare and endangered species from around the world. The focus of this 

work was to remove an AML impoundment and to develop a passive treatment system to treat 

legacy acidic, metal-laden mine drainage. Encompassing much of the northern portion of the park 

are numerous abandoned, poorly constructed impoundments with degraded mine water posing 

safety hazards. Ohio Department of Natural Resources, Division of Water Resources plans to 

remove several hazardous dams that were created decades ago when the site was surface mined 

(pre-law). The Wilds requested OSMRE’s technical support to determine the hydrologic impacts 

(mainly water quality) that might occur once the dams are removed. Initially, an overall assessment 

was conducted of the water quality both in the impoundments and in receiving streams. Based on 

what was learned, OSMRE was able to discern the impact removal would cause by the construction 

of low maintenance passive treatment systems developed to manage the numerous mine drainage 

sources. One of the larger impoundments known as “Dead Lake” has been targeted as the first 

impoundment to be dewatered and a treatment system was designed to handle the mine drainage. 

Several options were offered to allow The Wilds to select the one(s) that best suit their long-term 

objectives. 

Pennsylvania Banning Euclid Project: OSMRE provided technical assistance to the PADEP on a 

hydrologic characterization of a large underground mine complex located in Westmoreland 

County. PADEP oversees the treatment of mine water discharges for this complex as well as the 

mine drainage treatment trust funds, which support the facilities. The project involved collecting 

multiple data sets including water levels in the mine systems, and water quantity and quality data 

across 28,000 acres of mine workings. OSMRE will provide recommendations to PADEP for the 

design and location of a water treatment facility to pump and treat water from this large mine pool 

complex. There are two outdated water treatment facilities in need of major upgrading or complete 

replacement. OSMRE will provide the needed assistance to develop treatment site selection 

options, characterize the existing mine pool complex and develop a conceptual treatment system 

with cost estimates. Without this treatment complex, a significant portion of the lower reaches of 
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Office of Surface Mining Reclamation and Enforcement 76

the Youghiogheny River will be severely degraded by mine drainage affecting recreational uses. 

OSMRE used extensive GIS/mine mapping to determine the optimal location to construct the new 

treatment facility. This will prevent the citing of the proposed plant in an area where some of the 

mine water was not hydrologically accessible.

Indiana Enos AML Passive Treatment System Rehabilitation: An OSMRE hydrologist has been

assisting Indiana Department of Natural Resources Land Reclamation Program Division of 

Reclamation (IDNR-DOR) in evaluating the Enos AMD Passive Treatment System since its

construction in 2005. OSMRE 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 

studied 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. 

Texas Technical Assistance: In response to a request from the Railroad Commission of Texas

Surface Mining and Reclamation Division (SMRD), an OSMRE hydrologist 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 illuminated 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 on-site water-monitoring training session for SMRD personnel. 

Oklahoma Cold Case Murder Mine Shaft Investigation: In January 2020, OSMRE staff assisted 

Oklahoma Law Enforcement officials with a twenty-year-old murder case investigation in Picher, 

Oklahoma. The Oklahoma District 12, District Attorney, Mr. Matthew Ballard, through the office 

of the Honorable James Inhofe, United States Senator, requested OSMRE assistance. The case 

involved two teen-age girls who were murdered in 1999. Investigators believe their bodies were 

discarded in one of many flooded, vertical mineshafts associated with lead and zinc mining. 

OSMRE staff used a submersible borehole camera to look for evidence of human remains and to 

assess structural stability of four suspected shafts. Although no human remains were found during 

this effort, OSMRE staff - drawing on lengthy experience dealing with abandoned mine lands - 

suggested options to safely pursue further exploration and, if the need arises, recovery efforts. 

c. National Mine Map Repository

OSMRE celebrated the 50th Anniversary of the National Mine Map Repository (NMMR) in FY 2020. 

The 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 178,000 abandoned coal and non-coal 
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Office of Surface Mining Reclamation and Enforcement 77

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 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 2020, 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 

2020, the NMMR received 156 client requests consisting of 5,349 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. 

The initial releases of the ePermit systems provided for OSMRE’s Federal Programs in the western 

United States, and a subsequent release provided enhanced capability to meet the needs of the Federal 

Programs in the western United States and the State of Tennessee. In FY 2020, OSMRE developed 

and tested Coal App, another application within CIMS. This application tracks permitting and 

enforcement timeframes, issues assignments, and reports on permit, bond, and enforcement 

information. The MTDEQ version of Coal App was completed and released to the production 

environment in late January 2020. The Federal Programs version of Coal App will refine the MTDEQ 
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Office of Surface Mining Reclamation and Enforcement 78

version to meet the specific needs of the Federal Programs and is expected to be released to the 

production environment in early calendar year 2021. 

e. Technical Innovation and Professional Services 

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 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. Two new layers were added to GeoMine in FY 2020; the DOI Unified Region 

Boundaries layer and the AML Reclamation Award layer. All GeoMine layers, consisting of data 

from State and Federal partners, are publicly available. Additional layers will be added in FYs

2021 and 2022 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 

inspectors were unable to travel to many mines for much of FY 2020. OSMRE used satellite 

imagery to support mine reclamation inspections. This allowed OSMRE staff to continue to work 
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Office of Surface Mining Reclamation and Enforcement 79

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 where travel 

restrictions exists in FYs 2021 and 2022. 

Geographic Information System (GIS) Mobile Computing: In FY 2020, OSMRE continued to use 

tablets and smartphones that can display and collect geospatial data are used 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. Use of this 

mobile technology will be augmented in FY 2021 through support and training in new and upgraded 

software applications.

Photogrammetry (Cloud-based Data Processing and Ground-Based LiDAR Scanners): OSMRE 

and its SMCRA partners have successfully utilized photogrammetry software to create fully 

rendered surface models taken from satellites, manned aircraft, unmanned aircraft, and groundbased 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. By FY 2020, most 

SMCRA States had adopted programs to make use of these systems and the variety of systems. 

Ongoing training and support will serve to leverage SMCRA partners’ use of these technologies. 

ArcGIS Online: In FY 2020, the ArcGIS Online web mapping system continued to be available to 

SMCRA States. Twenty-seven States. with 451 active users, are participating in the web mapping 

system, allowing the States and OSMRE to share geospatial data. OSMRE anticipates that 

additional users will make use of the system in FY 2021 and FY 2022. 

Photo database: Even as inspector travel was greatly reduced in FY 2020 as a result of the COVID19 pandemic, OSMRE’s our 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 across all regions the ability to use whichever application they were most comfortable 

using. In FY 2020, OSMRE added 2,005 individual 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 2021 and beyond. 

f. Applicant Violator System

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 

Applicant Violator System (AVS). The AVS serves as a warehouse of O&C and violation information 

for each coal mine permit across the U.S. 
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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 2020, the AVS Office processed over 380 requests for data evaluations from State and 

Federal regulatory authorities and State abandoned mine land program officials to assist in identifying 

permit and AML-project eligibility problems.

In FY 2020, the AVS Office also facilitated the collection of $7,295,370 from entities trying to remedy 

unabated Federal civil penalty and reclamation fee violations tracked in the AVS.

The AVS’s virtualized database uses Cloud infrastructure services from a third-party contractor. In FY 

2020, the AVS office updated and revised its cloud-based hosting service. This effort secured a longterm environment for the AVS and ensure the hosting environment meets all Federal and Department 

IT requirements.

The AVS began a modernization effort in FY 2020 to address concerns with system inoperability

identified during a FY 2019 enhancement project. The effort continued with a contractual obligation 

in early FY 2021. The development and testing team for the final product will include both OSMRE 

staff and State and Tribal users. 

The AVS Office will continue to work with system users throughout the modernization process to 

identify and implement system improvements during FY 2021. To ensure that customers can continue 

to rely on accurate data, and a stable IT environment, in support of their efforts with implementing 

section 510(c) of SMCRA, OSMRE’s AVS staff will continue to conduct data studies in FY 2021 and 

FY 2022. These studies will ensure data contained in the AVS is accurate, timely, of high quality and 

in accordance with applicable regulations and data standards. 

The AVS Office staff provides AVS-related services to customers, including regulatory authorities, the 

coal industry, citizens groups, and other Federal agencies. Some of the services provided include an 

ongoing notification process for OSMRE and our 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.

Customer surveys are used to document the responsiveness and satisfaction of AVS services provided 

to its customers. During FY 2020, the AVS Office received a customer satisfaction rating of 99 percent 

with a returned survey rate of 51 percent. OSMRE attributes the high 99 percent customer service 
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Office of Surface Mining Reclamation and Enforcement 81

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 $3,098,000 

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. The program delivers training on permit approval, bond release, 

reclamation, and enforcement. The training serves to build and update technical expertise and fosters 

consistent application of standards. Training is provided in each of the disciplines involved in 

implementation of SMCRA, which include chemistry, geology, engineering, hydrology, blasting, 

agronomy, and botany. 

All aspects of the program from identification of needs through course development and presentation 

are cooperative efforts of State, Tribal, and OSMRE offices. There is an economy of scale achieved 

by the pooling of State and Federal resources that allows instruction in a wide variety of subjects each 

year for all 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 staffs in addition 

to its regularly scheduled NTTP courses. 

Course Enhancements: OSMRE continually updates course curriculum and presentation materials. For 

example, OSMRE recently updated the handbook for calculation of reclamation bond amounts. Another 

course, Acid Forming Materials: Fundamentals & Applications, underwent an update that eliminated 

redundant training materials, creating an improved sequential course to address participant needs.

OSMRE is planning upcoming revisions for the Advanced NEPA, Wetlands Awareness, Applied 

Engineering Principles, Erosion and Sediment Control, Passive Treatment and Historical and 

Archeological Resources, Quantitative Hydrology, and SMCRA and ESA courses. OSMRE also plans 

to develop new on-line components of the Coalfield Communication course. 

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 almost 2,000 State and Tribal 

regulatory and reclamation staff, as well as over 400 OSMRE regulatory and reclamation staff. NTTP 

analyzes the annual survey results to determine if there is sufficient interest to justify a course, and if 

so, how many sessions of the course are needed. Students are assigned to classes that are closest to 

their office to minimize travel costs and to provide students with field experience most similar to 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 
Technology Development and Transfer 

Office of Surface Mining Reclamation and Enforcement 82

to meet subject specific needs that arise subsequent to the annual needs survey. To assure that students 

are receiving the latest technical and programmatic information, NTTP continually reviews courses 

based on student, supervisor, and instructor feedback, and revises or add courses accordingly in 

consultation with the NTTP Steering Committee. 

Plans for FYs 2021 and 2022: NTTP continued to receive requests for training spaces in FY 2020 and 

anticipates it will receive additional requests for special sessions in upcoming years. OSMRE 

developed several on-line modules to address training needs during the COVID-19 pandemic and will 

continue to develop and conduct on-line training where feasible. To keep travel costs down and to 

provide the maximum experience of field conditions most similar to those in which students work, 

OSMRE schedules in-person courses as close to home offices as possible. 

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 2020, the TIPS training program received a customer satisfaction rating of 99.5 percent, 

exceeding the annual GPRA goal of 96 percent. One instructor-led and 14 virtual instructor-led classes 

were held in FY 2020, with 174 students completing training sessions. TIPS training reports shows a 

20% increase of students trained over the previous year, despite travel restrictions due to COVID 19. 

91% of students trained completed an on-line TIPS course.

For FY 2021, OSMRE plans to hold 34 TIPS instructor-led 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 2021, a needs assessment was conducted 

to determine additional courses and services to be developed for launch in late FYs 2021 into 2022.

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 2021, TIPS will be offer Training by Request to provide 

just-in-time training resources for our customers. OSMRE will continue to educate its instructors on 

teaching in an on-line environment by hosting a series of professional development opportunities, 

including a Virtual Instructor Training Course, in FYs 2021 and 2022. 
Technology Development and Transfer 

Office of Surface Mining Reclamation and Enforcement 83

c. Regional/Site-Specific Training

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.

An example of such tailored training is the assistance OSMRE provided the state of Illinois. In FY 

2020, the Illinois Department of Natural Resources (DNR) - AML Program requested assistance to 

develop mobile computing field data collection forms, utilizing Survey123, to be integrated with a 

geodatabase. OSMRE held a meeting with Illinois DNR-AML Program to demonstrate progress, seek 

input and to facilitate a geodatabase development protocol. A demonstration showcased the mobile 

application that was created to facilitate the capture field observations made during inspections and 

subsequent integration with the database they had established and maintained for nearly 40 years. 

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 2020 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 

$3,259,000 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 2020 have been restricted to teleconferences and virtual 

meetings. As recovery from the pandemic moves forward, OSMRE will sponsor and participate in 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.

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 
Technology Development and Transfer 

Office of Surface Mining Reclamation and Enforcement 84

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.

An important component of Technology Development is the OSMRE Applied Science Program. 

During FY 2020, OSMRE issued an Applied Science Program Notice of Funding Opportunity and 

received 42 proposals. The proposals were scored by the Regional and National Technology Transfer 

Teams, based on technical merit, potential value to SMCRA, and the quality of the applicants’ 

technology transfer plans. The six highest ranked proposals were approved and funded in early in FY 

2021. 

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. Examples of 

technology transfer activities include: 

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 USGS and USFS) publish bulletins on state-of-the-art 

reforestation practices. The COVID-19 pandemic impacted volunteer groups’ ability to plant trees 

in desired numbers in FY 2020, but in FY 2019 ARRI partners organized over 2,600 volunteers to 

plant approximately 319,000 trees on post-bond release mine sites across Appalachia. As pandemic 

conditions improve, ARRI will plan for similar numbers of volunteers and volunteer-planted trees 

in FY 2021 and FY 2022. 

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. OSMRE 

plans to hold workshops on issues such as bonding, water quality, gas wells in coal mining areas, 
Technology Development and Transfer 

Office of Surface Mining Reclamation and Enforcement 85

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 including the 

technology development and transfer web pages to include hosting of webinars; providing access 

to presentations from conferences, workshops, forums, and webinars, and marketing upcoming 

events using various forms of social media, as well as a newsletter. 

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 2020. OSMRE expects that these events will resume to prepandemic levels, as the situation allows, in FY 2021 and FY 2022. The American Society of 

Mining and Reclamation conference is scheduled to be held in Duluth, Minnesota and the National 

Association of Abandoned Mine Lands Programs conference will be held in Nevada in 2021. 

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. 

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. Additional outreach is provided through 

publications and distribution of forum proceedings. Outreach efforts will continue in FY 2021, 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. 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 86

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. During FY 2020, OSMRE onboarded four semester interns to work with 

professionals in the NMMR and the OSMRE Regions 1 and 2 Technical Support Division located in 

Pittsburgh, Pennsylvania.
Technology Development and Transfer 

Office of Surface Mining Reclamation and Enforcement 87

TECHNOLOGY DEVELOPMENT AND TRANSFER

2021 Planned Program Performance 

In FY 2021, 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. 

• Work with the Pennsylvania Department of Environmental Resources, Bureau of Abandoned 

Mine Reclamation, on the Isabella Mine site to design a passive treatment system to remediate 

mine drainage discharges, reclaim abandoned coal refuse piles, and partially dewater a large 

impoundment to prevent flooding of a nearby road and ensure public safety. This project is a 

combination site with both Title IV and forfeited Title V lands. 

• 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. 

• 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).

• Develop the AMDTreat software, completing the integration of the geochemical model, beta 

testing, and validation/calibration phase. 

• Continue to develop e-Permitting solutions for legacy coal permitting systems with States and 

Tribes.

• Support State and Tribe coal reclamation and AML programs with direct technical support. 

• Develop course materials and topics that are relevant, useful, technically sound and impressive 

and continue to recruit instructors from the States, Tribes, and OSMRE who are confident, 

knowledgeable, and fluent in the subjects presented, articulate in answering questions, thorough, 

concise, and accurate in presentation methods. 

• Issue a solicitation for Applied Science proposals that will help to use science-based solutions to 

mining and reclamation issues, select the best proposals to achieve the highest valued outcomes, 

and continue to track projects to verify value of results. 

• Continue to work with WVDEP to gather measurements of turbidity, temperature, Specific 

Conductance, and TSS in streams located within watersheds of known threatened and endangered 

crayfish presence.

• Serve customers needing information from the NMMR which included 156 individual clients in 

FY 2020. During FY 2021 NMMR will focus its outreach efforts to better target map collections, 

enhance its database management systems and coordinate with the states’ mapping programs to 

synchronize efforts. 

• Complete the cloud-based hosting environment for the AVS. The AVS Office will also continue 

efforts to modernize the AVS outdated IT architecture and programming language through FY 

2021. 
Technology Development and Transfer 

Office of Surface Mining Reclamation and Enforcement 88

• Organize 2,500 volunteers with ARRI partners to plant approximately 320,000 trees on post-bond

release mine sites across Appalachia.

• Host a remote workshop in the spring of 2021 to provide additional technical assistance and

technology transfer related to long-term water treatment financial liability concerns.

2020 Program Accomplishments 

In FY 2020, the major accomplishments in TDT include: 

• Provided blasting technical assistance including:

o Maintenance of the OSMRE ARblast webpage, a central repository of blasting resources

for all SMCRA stakeholders;

o Conducting monthly “Blasting Technical Chat” conference calls with 20 to 30

participants per month to discuss blasting technology applications in the field;

o Facilitating regulatory discussions at the Appalachian Blaster Certification Delegation

meeting; and

o Responding to numerous inquiries for technical information and advice from the public,

States, and other Federal agencies.

• Continued development of the AMDTreat software and incorporated five new modules for a total

of 25 and 18 tools included in Phase II of the project. The team worked extensively on quality

control aspects of the very complex project.

• Prior to COVID-19 restrictions, ARRI partners conducted three events resulting in 5,000 tree

plantings involving 66 volunteers.

• Celebrated 50 years of a national repository where hundreds of thousands of mine maps covering

the entire United States are stored. Under limitations imposed by the COVID-19 pandemic,

NMMR added thousands of new maps to the repository, conducted outreach resulted in in

acquisition of privately owned maps and collections from several States, and provided scanning

service assistance to States.

• 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.
TAB 

Financial Management
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Financial Management 

Office of Surface Mining Reclamation and Enforcement 89

FINANCIAL MANAGEMENT

Financial Management Budget Request

(Dollars in Thousands)

2020 

Actual

2021 

Enacted

Fixed 

Costs 

(+/-) 

Internal 

Transfers 

(+/-) 

Program 

Changes 

(+/-) 

2022 

Request

Change 

From 

2021 

(+/-) 

Regulation and 

Technology 505 505 +13 - - 518 +13

Revenue Management 410 407 +9 - 416 +9

FTE 1 2 - 2 - 

Grants Financial 

Management 95 98 +4 - 102 +4

FTE 1 1 - 1 - 

Abandoned Mine 

Reclamation Fund 5,191 5,277 +126 - +82 5,485 +208 

Fee Compliance 5,081 5,164 +122 +82 5,368 +204

FTE 31 28 - 28 - 

Grants Financial 

Management 110 113 +4 - 117 +4

FTE 2 1 - 1 - 

Total, Financial 

Management 5,696 5,782 +139 - +82 6,003 +221 

Total FTE 35 32 - 32 - 
Financial Management 

Office of Surface Mining Reclamation and Enforcement 90

Summary of 2021 Program Changes for Financial Management

Request Component ($000) FTE

Replace Hydrocarbon-powered Vehicles with ZEVs +82 - 

TOTAL Program Changes +82 - 

Financial Management provides resources for OSMRE to carry out its responsibilities through fee 

compliance, revenue management and grants management. 

Justification of 2022 Program Changes 

The 2022 budget request for Financial Management is $6,003,000 and 32 FTE, a program change of 

+$82,000 and +0 FTE from the 2021 enacted. 

Zero Emission Vehicle Fleet Conversions (+$82,000): The 2022 budget includes funding to convert 

approximately 35 percent of OSMRE’s sedan fleet to zero emission vehicles (ZEVs). This conversion will 

immediately reduce the Interior’s contributions to greenhouse gas emissions and dependence upon 

hydrocarbons. 
Financial Management 

Office of Surface Mining Reclamation and Enforcement 91

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 92

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 UMWA 

Pension Plan. This business line does not include 

administrative accounting or reporting for 

appropriated funds.

FINANCIAL MANAGEMENT

ENCOMPASSES:

Fee Compliance 

Grants Management 

Revenue Management

UMWA Transfers

• UMWAF Heal Care Plans

• 1974 UMWA Pension Plan 

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 2021 and 2022, 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 246 active grants and cooperative agreements 

with the States and Tribes, accounting for over $1,045 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 

Office of Surface Mining Reclamation and Enforcement 93

2022 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 $5,368,000 and 28 FTE for 

the Fee Compliance activity. 

In FY 2020, OSMRE’s Fee Compliance Program achieved a 98.1 percent collection rate resulting in $123.3 

million in total collections. Collections decreased from FY 2019 due to decreased coal production and 

several coal company bankruptcies. By working closely with the industry, the program achieved a 97 

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 84.7 percent in FY 2020. 

During FY 2020, OSMRE also processed 83.2 percent of the coal reclamation fee reports automatically, 

and 85.0 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 2021 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 that the AML Fee payment requirements of SMCRA are applied 

consistently and fairly across the country. In FY 2020, OSMRE collected 98.1 percent of the AML 

Fees due during the year. Total FY 2020 AML Fee collections were $123.3 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 
Financial Management 

Office of Surface Mining Reclamation and Enforcement 94

the 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 923 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 300 companies voluntarily use the E-filing system to report on 

approximately 782 permits and over 96.9 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. 

The audit staff is strategically stationed in locations which minimize travel costs to coal companies’ 

recordkeeping locations. Over 65 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. During 2020, a peer review examined the period October 

1, 2016 through September 20, 2019. The independent firm 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. 
Financial Management 

Office of Surface Mining Reclamation and Enforcement 95

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 150 reclamation fee compliance audits in FY 2022. In addition to deterrence, 

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 2022 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 2020, the staff 

handled 899 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 2022, the audit staff will continue to 

promote electronic tonnage reporting and fee payment by demonstrating how the systems work for 

companies during audits and 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. SMCRA requires OSMRE to forward audit results to the IRS, and both 

agencies coordinate issues affecting the industry. Overall, there will be a continued emphasis on 

improving compliance and customer service. 
Financial Management 

Office of Surface Mining Reclamation and Enforcement 96

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* 2020 

Actuals

2021 

EIA

Projections 

2021 

OSMRE

Projections

2022 

EIA

Projections 

2022 

OSMRE

Projections 

Underground 210 240 222 248 230 

Surface 332 291 304 293 306 

Lignite 50 36 40 33 37 

Collections 2020 

Actuals 2021 Projections 2022 Projections 

AML Fees ** $123.3 $115.4 $116.8 

* The projections are based on calendar year (CY) projections made by the Department of

Energy’s (DOE) Energy Information Administration (EIA) Annual Energy Outlook 2020,

Reference Case Forecast, Table 66 (Coal Production by Region and Type). OSMRE tonnage

uses the last reported production (Fiscal Year 2020) 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 assessed on the tonnage sold, used,

or transferred while the DOE figures are based on the tonnage produced.

** 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. 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 97

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 115,357 17,576 11,807,316 161,513 29,220 9,651,579 2,155,737

2022 0 8,375 11,815,691 159,800 8,375 9,819,754 1,995,937

/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. 
Financial Management 

Office of Surface Mining Reclamation and Enforcement 98

Table 8 Notes: 

• Annual figures for FY 1978-1999 are displayed in the FY 2015 Budget Justification, Table 9.

• FY 2021 and FY 2022 figures on this table are estimates. Projected interest is based on known investments earnings 

that will be paid out in FY 2021 and FY 2022.

• AML Fund balances in this table are as of September 30, 2020, 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, 2020.

• 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, 2020, rather than the Federal fiscal year end of September 30, 2020.

• 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 

request includes $219,000 and two (2) 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, 2020, by a 

description of its allocation.
Financial Management 

Office of Surface Mining Reclamation and Enforcement 99

Table 9 – AML Unappropriated Balance

Office of Surface Mining

AML Unappropriated Balance

September 30, 2020

Prepared by the Division of Financial Management

Description of

Allocation

Balance

as of 10/01/19

LESS: 2020

Appropriation/

Distribution

LESS: 2020

Treasury Funds

LESS: 2020

UMWBF Transfer 

3/

Post Appr. &

Trans. Balance

Investment Int.

10/01/19-09/30/20

Collections for

10/01/19-09/30/20

Balance

As Of 9/30/20

Federal Expense 1/ $350,731,391.78 ($47,933,863.00) $0.00 $0.00 $302,797,528.78 $24,719,289.80 $327,516,818.58

Historic Coal 2/ $1,615,985,637.06 ($87,450,437.00) $44,909,782.00 $0.00 $1,573,444,982.06 $37,078,934.71 $1,610,523,916.77

Investment Interest $158,612,383.80 $0.00 $0.00 ($37,131,539.00) $121,480,844.80 $55,436,485.18 $0.00 $176,917,329.98

Total Fed Share 3/ $2,125,329,412.64 ($135,384,300.00) $44,909,782.00 ($37,131,539.00) $1,997,723,355.64 $55,436,485.18 $61,798,224.51 $2,114,958,065.33

Total State Share $108,018,681.14 ($25,991,309.00) ($44,909,782.00) $0.00 $37,117,590.14 $61,462,417.88 $98,580,008.02

Total $2,233,348,093.78 ($161,375,609.00) $0.00 ($37,131,539.00) $2,034,840,945.78 $55,436,485.18 $123,260,642.39 $2,213,538,073.35

expenditures in FY 2018.

Total Funds to be Allocated: $2,213,538,073.35

1/ The Federal Expense Allocation is reduced by the annual appropriation in addition to the mandatory grant distribution.

2/ The Historical Coal balance is 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/ $37,131,539 is the amount transferred at the beginning of FY 2020 to the United Mine Workers Benefit Fund and the 1992 Benefit Plan for estimated expenses in FY 2020 and for adjustments to actual
Financial Management 

Office of Surface Mining Reclamation and Enforcement 100

Revenue Management 

The FY 2022 budget request includes $416,000 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 2020, the amount of 

recorded civil penalties increased from FY 2019 (from $4,853,552 to $6,117,035). Three entities account 

for 95% 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 101

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 2021 and 2022, OSMRE will process the UMWAF transfer requests for the three UMWAF 

health plans, providing funding for an estimated 53,654 beneficiaries, and to the 1974 UMWA 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 work to implement 

recommendations from the DOI Inspector General to provide additional assurances that transfers conform 

to the authorizing legislation. The transfer requests for FYs 2020, 2021 and 2022 are outlined in Table 10 

below. The FY 2020 transfers included required retroactive transfers to the 1974 UMWA Pension plan for 

fiscal years 2017, 2018, and 2019. 

Table 10 – UMWA Transfer Requests

Fiscal Year Transfer Amounts

(Dollars in Millions)

Health Benefit Plan / 

Pension Plan 2020 Actual 2021 Projected 2022 Projected 

Combined Fund, including the 

Reachback Provision $50.6 $40.3 $42.6 

1992 Plan $50.0 $72.2 $77.9 

1993 Plan $276.2 $305.0 $319.0 

1974 UMWA Pension Plan $1,568.0 $322.2 $284.3 

Total – All Plans $1,944.8 $739.7 $723.8 

Funding Sources 2020 Actual 2021 Projected 2022 Projected

• AML Fund Interest $37.1 $29.2 $10.3 

• Treasury Funds $1,907.7 $710.5 $713.5 
Financial Management 

Office of Surface Mining Reclamation and Enforcement 102

FINANCIAL MANGEMENT

2021 Planned Program Performance 

In FY 2021, 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 $417.1 million to provide funding of 

unreimbursed health care expenses for an estimated 53,654 coal miners and their dependents.

• Process a transfer of approximately $295 million to the UMWA 1974 Pension Plan. 

• Continue to analyze the reasonableness of the UMWAF health care plan transfers and work to 

implement DOI Inspector General recommendations to improve the oversight of the UMWAF 

transfer process.

• Continue to support the migration from Prism for Grants to Grant Solutions. 

• Support efforts to provide financial data related to projected fees collections.

2020 Program Accomplishments 

In FY 2020, the major accomplishments in the Financial Management program activity include: 

• Collected $123.3 million in coal reclamation fees resulting in a collection rate of 98.1 percent on 

quarterly coal reclamation fees.

• Maintained an E-filing enrollment rate of 84.7 percent of the active reporting permits, which are 

reported electronically through OSMRE’s internet-based reporting system.

• Processed automatically 85.0 percent of quarterly fee payments, or 2,008, fee payments.

• Processed automatically 83.2 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 $1,944.8 

million and provided funding of unreimbursed health care expenses for an estimated 55,788 

retired coal miners and their dependents.

• Implemented new legislation which added additional beneficiaries that are covered by the 

UMWAF Health Care transfers and transfers to the UMWA 1974 Pension Plan. 

• Analyzed and implemented, as appropriate, the Office of the Inspector General recommendations 

to improve the oversight of the UMWAF transfer process.
TAB 

Executive Direction & 

Administration
Page Intentionally Left Blank
Executive Direction and Administration

Office of Surface Mining Reclamation and Enforcement 103

EXECUTIVE DIRECTION AND 

ADMINISTRATION

Executive Direction and Administration Budget Request

(Dollars in Thousands)

2020 

Actual

2021 

Enacted

Fixed Costs 

(+/-) 

Internal 

Transfers 

(+/-) 

Program 

Changes 

(+/-) 

2022 

Request

Change 

From 

2021 

(+/-) 

Regulation and Technology 13,936 13,936 +1,087 - +658 15,681 +1,745 

Executive Direction 2,054 2,054 +68 +134 2,256 +202 

FTE 16 15 +1 16 +1

Administrative Support 3,575 3,663 +136 +124 3,923 +260 

FTE 29 30 +1 31 +1

General Services 8,307 8,219 +883 +400 9,502 +1,283 

FTE - - 

Abandoned Mine 

Reclamation Fund 6,466 6,466 +221 - +227 6,914 +448 

Executive Direction 910 910 +31 +66 1,007 +97 

FTE 8 7 - 7 - 

Administrative Support 1,846 1,888 +62 +61 2,011 +123 

FTE 15 14 - 14 - 

General Services 3,710 3,668 +128 +100 3,896 +228 

FTE - - 

Total, Executive Direction 20,402 20,402 +1,308 - +885 22,595 +2,193 

Total FTE 68 66 +2 68 +2

Fixed Costs changes of +$1,308,000 include increases for pay related items (+$297,000), worker’s 

compensation (+$7,000) DOI working capital fund adjustments (+$298,000), and GSA rental rates 

(+$706,000).
Executive Direction and Administration

Office of Surface Mining Reclamation and Enforcement 104

Summary of 2021 Program Changes for Executive Direction and Administration

Request Component ($000) FTE

Build Zero Emission Vehicle Infrastructure +500 - 

Enhance Diversity, Equity, Inclusion, and Accessibility +200 +1

Restructure Division of Acquisition +185 +1

TOTAL Program Changes +885 +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 2022 Program Changes 

The 2022 budget request for Executive Direction and Administration is $22,595,000 and 68 FTE, a program 

change of +$885,000 and +2 FTE from the 2021 enacted.

Zero Emission Vehicle Fleet Conversions (+$500,000): The 2022 budget includes funding to convert 

approximately 35 percent of OSMRE’s sedan fleet to zero emission vehicles (ZEVs) and provide 

approximately six 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 

Combatting 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. 

Restructure Division of Acquisition (+$185,000/+1 FTE): OSMRE is restructuring its acquisition 

management structure to streamline coordination and provide a direct line of supervision in accordance 

with DOI procurement governing guidance. The requested funds will facilitate 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, 

position supervised by the Bureau Procurement Chief.
Executive Direction and Administration

Office of Surface Mining Reclamation and Enforcement 105

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. 

EXECUTIVE DIRECTION AND

ADMINISTRATION

ENCOMPASSES:

Executive Direction

• Director’s Office

• Staff Offices under the Director

Office for Equal Opportunity

Office of Communications

Office of Planning, Analysis, and Budget

Information Resources Office

Administrative Support 

• Office of Human Resources

• Office of Administration

• Finance and Accounting

• Information Technology

General Services

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

Office of Surface Mining Reclamation and Enforcement 106

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 2022 Budget Request: The request includes $22.4 million for Executive Direction and Administration 

activities. Of this total, $3.1 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 $5.9 million, and 

basic bureau-wide fixed costs in general services will cost $13.4 million. 
Executive Direction and Administration

Office of Surface Mining Reclamation and Enforcement 107

2022 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 $3,063,000 and 22 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 better and more 

effective implementation of the objectives of SMCRA.

In FYs 2021 and 2022, 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

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 108

• 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 Communication 

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 109

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

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 110

• 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 Federal Records Act compliant Records 

Management Program. 

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 $5,934,000 and 45 FTE to 

support these support activities. 

This function is responsible for managing OSMRE’s financial and administrative activities. 

a. Office of Administration 

The Office of Administration (OA) is responsible for development of bureau-wide administrative 

policy and procedures. The Office also implements the following support activities: 

• Property Management

• Vehicle Fleet Management

• Space Management

• Emergency Coordination 

• Physical Security

• Employee Safety & Occupational Health 

• Directives Management

• Printing and Publications 

• Employee Transit Subsidy 

OA provides required administrative support to headquarters offices. These support activities include 

office moves, provision of general supplies and services, and local transportation services. 

OA also provides direction, coordination, and implementation of all aspects of OSMRE’s emergency 

management program. This includes, but is not limited to, internal policy development; program 

guidance and direction as it relates to emergency response/continuity of operations/recovery planning, 

readiness, and, security; and coordination of OSMRE's response and recovery role to declared 

emergencies and/or disasters on a government-wide basis. 
Executive Direction and Administration

Office of Surface Mining Reclamation and Enforcement 111

b. Office of Human Resources

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 the continued Federal budget reductions. 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 

responsibilities, and employee performance awards to increase organization effectiveness moving into 

FY 2022. 
Executive Direction and Administration

Office of Surface Mining Reclamation and Enforcement 112

Employee Relations: OSMRE has been engaged with Union activity and will be planning for contract 

negotiations with American Federation of Government Employees in FY 2021. This will include 

establishing a Collective Bargaining Agreement along with modified administrative processes aligned 

to the final CBA. OSMRE will continue an agency priority to enhance OSMRE’s Conduct, 

Accountability, Respect, Employees Anti-Harassment program, which will improve accountability, 

communications, and transparency to ensure a workplace free from harassment. OSMRE will deliver 

targeted training and employee relations consultation service to managers and employees. 

c. Acquisition Management 

The Division of Acquisition Management, under the direction of the Bureau Procurement Chief, 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 Division of Acquisition 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. Administrative 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, development of financial management operating procedures and tutorials, ensure 

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

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 

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. 
Executive Direction and Administration

Office of Surface Mining Reclamation and Enforcement 113

Through its cyber security program, OSMRE ensures the integrity of its systems and data assets. The 

ACIO and OSMRE’sIRO 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 are estimates for FY 2022 and reflect 

estimated Departmental fixed cost changes from FY 2021 levels and known future plans, including colocation, 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 2021 and 2022. 
Executive Direction and Administration

Office of Surface Mining Reclamation and Enforcement 114

Table 11 – Estimated General Services Costs

(in Round Dollars)

Line Item 2021 

2022 

Estimate

Estimated 

Change

2021 – 2022 

DOI Working Capital Fund 2,088,000 2,386,000 +298,000 

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 Operations 84,000 90,000 +6,000 

Unemployment Compensation 6,000 21,000 +15,000 

Worker's Compensation 138,000 145,000 +7,000 

Rent and Utilities 4,959,000 5,665,000 +706,000 

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 - 500,000 +500,000 

Total 11,887,000 13,398,000 +1,511,000 
Executive Direction and Administration

Office of Surface Mining Reclamation and Enforcement 115

EXECUTIVE DIRECTION AND ADMINISTRATION

2021 Planned Program Performance 

In FY 2021, 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 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.

• 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.

• Demonstrate Acquisition Category Management Capability for OSMRE’s IMT Equipment 

Procurement. 

• 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 2020 and FY 2021. 

• Continue to improve the delivery and accessibility of financial information. 

• Conduct CPIC evaluations for all IMT programs and major investments.

• Continue to provide component-level IMT services and mission system support while supporting 

DOI information technology initiatives to include deployment of DHS Continuous Diagnostic 

and Mitigation capabilities consistent with applicable rules and regulations.

• Continue to provide administrative support across the bureau to enable mission success in the

other OMSRE business lines.

• Develop new, and enhance existing, “Dashboards” to monitor key programmatic and 

administrative performance metrics.

• Continue to identify labor intensive administrative activities, and evaluate appropriate regulatory, 

policy and technology solutions to yield operational efficiencies.
Executive Direction and Administration

Office of Surface Mining Reclamation and Enforcement 116

2020 Program Accomplishments 

In FY 2020, the major accomplishments in the Executive Direction and Administration program activities 

include: 

• Finalized OSMRE Directive OPM-1 (Directives Program Policy) improving the efficiency and 

effectiveness of OSMRE’s directives program.

• Promulgated the OSMRE (Conduct Accountability Respect Employees) program to ensure that 

harassment in the workplace is reported, addressed, and eliminated, timely and appropriately. 

• Exceeded DOI and OSMRE performance goals in the Interior Readiness (I-READ) assessment of 

the Bureau’s Emergency Management Program. 

• Developed a monthly undelivered orders dashboard to monitor past due orders. 

• 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 2019 and 2020.
TAB 

Permanent Appropriations
Page Intentionally Left Blank
Permanent Appropriations 

Office of Surface Mining Reclamation and Enforcement 117

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) further 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.
Permanent Appropriations 

Office of Surface Mining Reclamation and Enforcement 118

Table 12 – Permanent Appropriation Estimates

(Dollars in Millions)

Permanent Appropriation

2020 

Actuals

2021 

Enacted

2022 

Estimates

Change 

from 2021 

to 2022 

Payments to States in Lieu of Coal 

Fee Receipts (Treasury Funds) 44.9 40.0 36.5 -3.5 

• In Lieu Payments to Certified 

States and Tribes 44.9 40.0 36.5

Mandatory Sequester [-2.6] [-2.3] [-2.1] 

Mandatory Grants to 

Noncertified States (AML Fund) 136.7 121.4 118.7 -2.7 

• State and Tribal Share 26.0 19.7 20.9 

• Historic Coal Share 87.5 75.7 71.1 

• Min Program Make Up 23.2 26.0 26.7 

Mandatory Sequester [-8.1] [-6.9] [-6.7]

Subtotal- Payments to States and 

Tribes 181.6 161.4 155.2 -6.2 

Subtotal- Payments to States and 

Tribes (after Sequestration) * 170.9 152.2 146.4 -5.8

Payments to UMWA Health 

Benefit Plans (AML Fund Interest) 37.1 29.2 10.3 -18.9 

Supplemental Payments to UMWA 

Health Benefit Plans (Treasury 

Funds) 

339.7 388.3 429.2 +40.9 

Supplemental Payments to 1974 

UMWA Pension Plan (Treasury 

Funds) 

1,568.0 322.2 284.3 -37.9 

Subtotal- Payments to UMWA 

Health Benefit and Pension Plans** 1,944.8 739.7 723.8 -15.9 

Total Mandatory Funding 2,126.4 901.1 879.0 -22.1 

Subtotal from AML Fund 173.8 150.6 129.0 -21.6 

Subtotal from Treasury 1,952.6 750.5 750.0 -0.5 

Total Mandatory Funding (after 

Sequestration) 2,115.7 891.9 870.2 -21.7 

Subtotal from AML Fund 165.7 143.7 122.3 -21.4 

Subtotal from Treasury 1,950.0 748.2 747.9 -0.3 

* Payments/Grants to States and Tribes are subject to sequestration pursuant to 2 USC 901(a). 

** FY 2020 payments to the 1974 UMWA Pension Plan include $1,202.6 million in retroactive transfers 

for FYs 2017, 2018, and 2019, as required by the Bipartisan American Miners Act of 2019. FYs 2021 and

2022 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 119

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 

2008.5

Collection of Reclamation Fees 

Reclamation fees collected are placed in the AML Fund. The current reclamation fee authorized by 

SMCRA is: 28 cents/ton of surface mined coal; 12 cents/ton of coal mined underground; and 8 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 25 States and 

three Tribes received reclamation funding in FY 2021; of these, five 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 

proportionally based on the amount of coal production in that State prior to 1977 (known as 

Historic Coal Share); and

5 OSMRE published regulations implementing the Act (November 14, 2008, 73 FR 67576), which became effective 

on January 13, 2009. 
Permanent Appropriations 

Office of Surface Mining Reclamation and Enforcement 120

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 2021, noncertified States will receive $114.6 million, after sequestration of 5.7% ($18.6 million in 

State Share, $71.3 million in Historic Coal Share, and $24.7 million in Minimum Program Make Up Funds). 

For FY 2022, OSMRE estimates that noncertified States will receive $111.9 million in grants, after

sequestration of 5.7% ($19.7 million in State Share; $67.0 million in Historic Coal Share; and $25.2 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 

$37.7 million, after sequestration of 5.7%, in FY 2021. 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 2022, after 

sequestration of 5.7%, are estimated to be $34.4 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 cap6 on all annual transfers from the Treasury 

under SMCRA, as amended.

6 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 121

Transfers (or Payments) to the UMWA Health Benefit Plans and 1974 UMWA 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 UMWA 

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 UMWA 

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 2021, the UMWA Health Benefit Plans will receive $29.2 million in interest payment from the AML 

fund and $388.3 million from the Treasury (including $0.4 million for additional beneficiaries authorized 

by the American Miner Benefits Improvement Act of 2020). The 1974 UMWA Pension Plan will receive 

$322.2 million from the Treasury. 

For FY 2022, based on current economic assumptions, OSMRE estimates that $10.3 million in interest 

from the AML fund and $429.2 million from the Treasury will be transferred to the UMWA Health Benefit 

Plans, and $284.3 million from the Treasury will be transferred to the 1974 UMWA Pension Plan.
Permanent Appropriations 

Office of Surface Mining Reclamation and Enforcement 122

Table 13 – Mandatory Funding for States and Tribes, FY 2020-2022 

(Dollars Rounded in Millions)

State/Tribe

2020 

Mandatory

Distribution

2020

Sequester

(-5.9%)

2020

Grants

2021

Mandatory

Distribution

2021

Sequester

(-5.7%) 

2021

Grants

2022 

Hypothetical

Distribution

2022

Sequester

(-5.7%) 

2022 

Hypothetical

Grants

Alabama 3.6 -0.2 3.4 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 12.4 -0.7 11.7 10.3 -0.6 9.7 10.1 -0.6 9.5 

Indiana 6.1 -0.4 5.7 4.7 -0.3 4.4 4.6 -0.3 4.3 

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 12.0 -0.7 11.3 9.8 -0.6 9.3 9.6 -0.5 9.1 

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 6.4 -0.4 6.0 5.3 -0.3 5.0 5.1 -0.3 4.8 

Oklahoma 3.0 -0.2 2.8 3.0 -0.2 2.8 3.0 -0.2 2.8 

Pennsylvania 34.2 -2.0 32.2 29.1 -1.7 27.4 27.7 -1.6 26.1 

Tennessee 3.0 -0.2 2.8 3.0 -0.2 2.8 3.0 -0.2 2.8 

Utah 0.9 -0.1 0.8 3.0 -0.2 2.8 3.0 -0.2 2.8 

Virginia 3.8 -0.2 3.6 3.2 -0.2 3.0 3.1 -0.2 2.9 

West Virginia 24.3 -1.4 22.9 20.1 -1.1 18.9 19.5 -1.1 18.4 

Sub-total for 

noncertified 

States

136.7 -8.1 128.6 121.5 -6.9 114.5 118.7 -6.8 111.9 

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 3.5 -0.2 3.3 3.1 -0.2 2.9 3.3 -0.2 3.1 

Texas 1.1 -0.1 1.0 0.8 -0.0 0.8 0.7 -0.0 0.7 

Wyoming 38.0 -2.2 35.8 35.0 -2.0 33.0 31.4 -1.8 29.6 

Crow 0.5 -0.0 0.5 0.3 -0.0 0.3 0.3 -0.0 0.3 

Hopi 0.4 -0.0 0.4 0.0 - 0.0 0.1 -0.0 0.1 

Navajo Nation 1.2 -0.1 1.1 0.6 -0.0 0.6 0.6 -0.0 0.6 

Sub-total for 

certified States 

and Tribes

44.9 -2.6 42.3 40.0 -2.3 37.7 36.5 -2.1 34.4 

Total for All 

States/Tribes 181.6 -10.7 170.9 161.4 -9.2 152.2 155.2 -8.8 146.4 

• AML Fund 136.7 -8.1 128.6 121.5 -6.9 114.5 118.7 -6.8 111.9 

Source of Mandatory Funding:

• Treasury 44.9 -2.6 42.3 40.0 -2.3 37.7 36.5 -2.1 34.4 

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.
TAB 

Budget Exhibits
Page Intentionally Left Blank
Exhibit A

Office of Surface Mining Reclamation and Enforcement 123

BUDGET EXHIBITS

Exhibit A: Section 403 Compliance7

Program/Project Support of Bureau, Department, and Government-wide Costs

2022 

Request

External Administrative Costs

WCF Centralized Billings $2,385,500 

WCF Direct Billing/Fee for Service $1,080,400 

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 

7 Department of the Interior, Environment, and Related Agencies Appropriations Act, 2021 (Division G, Public Law 

116-260)
Exhibit A

Office of Surface Mining Reclamation and Enforcement 124

breakdown structure level, managers are able to assess both the direct and indirect costs of programs and 

activities. 
Exhibit B

Office of Surface Mining Reclamation and Enforcement 125

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

Office of Surface Mining Reclamation and Enforcement

Employee Count by Grade

(Total Employment) 

FY 2020

Actual

FY 2021

Estimate

FY 2022 

Estimate

Executive Level V .................................................. 1 1 1

SES.................................................................... 6 6 6

Subtotal.................................................... 7 7 7

GS/GM-15............................................................ 22 23 23

GS/GM-14............................................................ 45 55 55

GS/GM-13............................................................ 104 112 114

GS-12.................................................................. 123 146 146

GS-11.................................................................. 19 30 30

GS-10.................................................................. 0 0 0

GS-9.................................................................... 17 17 17

GS-8.................................................................... 5 7 7

GS-7.................................................................... 11 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.................................................... 349 408 410

Total employment (actuals & estimate)........................ 356 415 417

Note: This is employee count projected at the end of each fiscal year and not FTE levels.
Exhibit B

Office of Surface Mining Reclamation and Enforcement 126

Page Intentionally Left Blank
TAB 

Appendixes
Page Intentionally Left Blank
Appendix – AML Reclamation Accomplishments 

Office of Surface Mining Reclamation and Enforcement 127

Appendixes

AML Reclamation Accomplishments

Historical Data through September 30, 2020

Priority 1, 2, and 3 Problems

Problem Type Units Number 

of Units

GPRA 

Acres

Cost of 

Completed 

Reclamation

Remaining 

Reclamation 

Costs

Bench ** Acres 785 783 3,669,644 17,596,222

Clogged Streams Miles 2,672 13,288 95,971,185 79,982,160 

Clogged Stream Lands Acres 24,437 39,638 265,456,693 230,263,980 

Dangerous Highwalls Feet 5,368,540 77,730 712,855,253 1,423,698,363 

Dangerous Impoundments Count 2,519 13,501 85,027,114 37,877,505 

Industrial/Residential Waste (Priority 1 &2) Acres 1,859 1,856 49,342,676 57,091,385 

Dangerous Piles & Embankments Acres 38,380 28,323 448,523,657 364,105,533 

Dangerous Slides Acres 5,200 5,287 1,127,400,508 111,731,205 

Equipment/Facilities ** Count 866 92 6,849,203 5,209,944 

Gases: Hazardous Explosives Count 89 83 23,728,399 2,352,792 

Gobs (Coal waste piles) ** Acres 8,042 7,543 82,884,336 62,027,513 

Highwall ** Feet 346,146 4,946 17,653,311 1,178,125,774 

Hazardous Equipment & Facilities Count 5,849 1,293 41,346,240 35,622,063 

Haul Road ** Acres 4,380 4,316 11,507,443 5,280,737 

Hazardous Water Body Count 2,337 11,882 87,222,361 120,163,559 

Industrial/Residential Waste (Priority 3) Acres 276 275 1,358,259 800,998 

Mine Opening ** Count 1,374 138 5,152,150 15,380,928 

Other (*)(**) ---- 5,703 N/A 25,542,511 24,571,663 

Polluted Water: Agricultural & Industrial Count 589 2,916 54,015,382 80,578,769 

Polluted Water: Human Consumption Count 57,775 272,095 438,876,778 3,026,720,080 

Portals Count 22,807 2,311 113,984,236 71,636,523 

Pits ** Acres 9,814 9,815 61,441,330 46,626,127 

Subsidence Acres 10,083 10,018 610,760,942 594,013,884 

Spoil Area ** Acres 101,242 98,905 137,599,796 291,711,979 

Surface Burning Acres 2,220 2,216 96,634,846 22,372,616 

Slurry ** Acres 2,537 2,541 26,789,478 5,973,345 

Slump Acres 863 844 7,044,494 79,058,397 

Underground Mine Fire Acres 9,122 9,322 121,214,676 932,464,036 

Vertical Opening Count 21,156 3,850 132,025,514 75,402,949 

Water Problems (*)(**) Gal/Min 275,496 N/A 76,788,692 958,708,013 

Total 625,807 $ 4,968,667,107 $ 9,957,149,042 

* 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 

costs to reclaim AML features. This system is not a project management tool but a central electronic database for 

recording the national inventory of AML priorities for the AML Program. The information contained in e-AMLIS is 

primarily provided by the 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 128

Funds). These construction costs do not include design, engineering or administrative costs necessary tor 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 Business Management System

(FBMS) and e-AMLIS. FBMS is DOI/OSMRE’s financial system of record that contains comprehensive information

on AML grant allocations and expenditures for the SMCRA Title IV Reclamation Program. E-AMLIS provides

information primarily on direct construction costs 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 is updated.

4. GPRA Acres are non-acre measures (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 in the FY 2020 

reporting of the table account for the overall increase in each reported category. 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 non-mining 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 as of

September 30, 2020.

10. The dataset does not include projects funded under the Abandoned Mine Land Reclamation Economic 

Development Pilot Program (i.e., AML Pilot).
Appendix – AML Reclamation Accomplishments 

Office of Surface Mining Reclamation and Enforcement 129

11. Some problem types saw a slight reduction in Number of Units and GPRA Acres due to minor revisions to Problem 

Area Descriptions and completed project accomplishment figures. 
Appendix – By State and Tribe Funding Data 

Office of Surface Mining Reclamation and Enforcement 130

By State and Tribe Funding Data

FY 2020 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 1,244 176 1,420

Alaska 373 373

Arkansas 120 120

California 0 

Colorado 488 1,836 2,324

Georgia 0 

Illinois 3,340 3,340

Indiana 1,603 1,603

Iowa 600 47 47

Kansas 64 64

Kentucky 12,503 994 13,497

Louisiana 266 266

Maryland 949 949

Michigan 0 

Mississippi 265 265

Missouri 210 210

Montana 449 1,688 2,137

New Mexico 228 616 844

North Dakota 366 650 1,016

Ohio 1,450 1,450

Oklahoma 757 570 1,327

Oregon 0 

Pennsylvania 1,033 13,174 13,174

Rhode Island 0 

South Dakota 0 

Tennessee 2,111 2,111

Texas 2,575 2,575

Utah 136 2,408 2,544

Virginia 3,670 3,670

Washington 172 1,529 0 

West Virginia 200 10,488 10,488

Wyoming 297 2,171 2,468

Cherokee Nation 0 

Crow 575 575

Hopi 390 390

Navajo 1,500 1,500

N. Cheyenne 0 

Total 0 1,833 172 1,529 59,638 11,109 70,747 

* Regulatory Grant figures are the total funds obligated on FY 2020 grants during the fiscal year, and do not

reflect any subsequent deobligation that may occur at grant closure.
Appendix – Organization Chart

Office of Surface Mining Reclamation and Enforcement 131

Office of Surface Mining Reclamation and Enforcement

Organizational Chart

Office of 

Communications

Office of the 

Director 

Deputy Director 

Office for Equal 

Opportunity

Office of Planning, 

Analysis and Budget

Information 

Resources Office

Program Support 

Directorate

Appalachian Office 

Regional Director

(Regions 1 & 2)

Division of 

Regulatory 

Support

Division of 

Reclamation 

Support

Division of 

Technical 

Training

Finance and 

Acquisition

Directorate

Division of 

Compliance 

Management

Division of 

Financial 

Management

Division of 

Acquisition 

Management

Field and Area 

Offices

Technical 

Support 

Division 

Program 

Assistance 

Division

Pittsburgh Field 

Division

Western Office 

Regional Director 

(Regions 5, 7, 8, 9, 10 & 11) 

Technology 

Management 

Division

Program 

Support 

Division

Denver Field 

Division

Field and Area 

Offices 

Mid-Continent Office 

Regional Director

(Regions 3, 4 & 6)

Alton Field 

Division

Program 

Support 

Division 

Field and Area 

Offices 

Office of 

Administration

Office of Human 

Resources
Appendix – Abandoned Mine Land Program States

Office of Surface Mining Reclamation and Enforcement 132

Abandoned Mine Lane Program States
Appendix – Regulatory Programs and Office Locations

Office of Surface Mining Reclamation and Enforcement 133

Regulatory Programs and Office Locations