PEOPLE

U.S. Department of the Interior

OFFICE of SURFACE MINING

RECLAMATION and ENFORCEMENT

ENVIRONMENT

ENERGY

ANNUAL REPORT 2017

Celebrating 40 years of the Surface Mining Control and Reclamation Act (SMCRA)!
Cover Images: 

Group observes reclaimed section

of an active mine.

2 About the Office of Surface Mining Reclamation and Enforcement 5 Fiscal Year 2017 Highlights

14 Abandoned Mine Land Program

20 Regulatory Program

26 Technology Development 

and Transfer

31 Fiscal Year 2017 Tables

A naturally restored stream flows

within the reclaimed section of an 

Indiana coal mine. 

The Office of Surface Mining 

Reclamation and Enforcement 

(OSMRE)balances the nation’s 

need for continued domestic coal 

production with protection of 

the environment.

TABLE OF

Contents
2 Office of Surface Mining Reclamation and Enforcement 2017 OSMRE Annual Report 3

ABOUT THE 

Office of Surface Mining 

Reclamation and Enforcement

Mission Statement

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

with states and tribes. OSMRE’s primary objectives are to ensure that coal mines are 

operated in a manner that protects citizens and the environment during mining and 

assures that the land is restored to productive use following mining, and to mitigate the 

effects of past mining by aggressively pursuing reclamation of abandoned coal mines.

Fiscal Year 2017 Budget and Workforce at a Glance

• $253.2 million in discretionary funds

• $476.5 million in mandatory funds

• 431 full-time equivalent employees 

• Headquartered in Washington, DC with three Regional Offices

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

www.doi.gov/budget/appropriations/.

The creation of the Office of Surface Mining Reclamation and Enforcement (OSMRE) grew 

from the need to restore America’s landscape to productive use after years of historic coal 

mining operations that left behind impacted and abandoned mine lands. In enacting the 

Surface Mining Control and Reclamation Act of 1977 (SMCRA), Congress created OSMRE 

and mandated that it work closely with states and tribes to implement the surface mining 

laws. SMCRA embodies cooperative federalism, establishing Federal-State cooperation as its 

cornerstone. Under SMCRA, States can gain primacy and exercise “exclusive jurisdiction” 

over surface coal mining and reclamation operations within their borders, subject to 

OSMRE’s oversight, by adopting laws and OSMRE-approved regulatory programs that 

demonstrate their capability and willingness to carry out SMCRA’s requirements.

OSMRE regulates coal production and reclamation (including reclamation of abandoned 

mines), or authorizes states and tribes with approved active surface and underground coal 

mines regulatory and reclamation programs to perform those responsibilities. With this 

authority, states and tribes regulate about 97 percent of the nation’s coal production and 

complete over 90 percent of the abandoned mine lands abatement work.

 Cloud Peak’s Antelope, Cordero Rojo and Spring Creek mines helped build new shrub habitat in semi-arid climates.
4 Office of Surface Mining Reclamation and Enforcement 2017 OSMRE Annual Report 5

FISCAL YEAR 2017

Highlights Abandoned Mine Land Program

www.osmre.gov/programs/aml.shtm

The Abandoned Mine Land Program addresses environmental and public safety 

hazards on pre-SMCRA mine sites. In Fiscal Year (FY) 2017, the program made more 

than $180 million in grants available to states and tribes.

Total AML Grants FY 2017: $180.9 million

Regulatory Program

www.osmre.gov/programs/RCM.shtm

OSMRE’s Regulatory Program implements SMCRA and sets administrative and 

technical standards, performs oversight of State regulatory programs, administers 

regulatory programs in States that do not have their own, and provides assistance 

to State regulatory programs. In FY 2017, the Bureau’s Regulatory Program made 

available $68.4 million in regulatory grant funding to State and Tribal regulatory 

authorities.

Total Regulatory Grants FY 2017: $68.4 million

Technology Development 

and Transfer

www.osmre.gov/programs/TDT.shtm

OSMRE’s Technology Development and Transfer Program provides technical support, 

assistance, training, and technology transfer for OSMRE’s Abandoned Mine Land 

(AML) and Regulatory Programs. In Fiscal Year 2017, the Technology Development 

and Transfer Program received $18.7 million of which $15.2 million was provided in 

regulation and technology funds and $3.5 million was allotted in AML funding.

West Virginia Department of Environmental Protection employee shows different soils along a stream impacted by acid mine 

drainage.
Deputy Secretary of the Interior David Bernhardt addressing 

the staff of OSMRE in the South Interior Building.

6 Office of Surface Mining Reclamation and Enforcement 2017 OSMRE Annual Report 7

“Coal mining has built 

the American Dream 

for countless families 

in this country.”

that the work we do touches American 

lives every day,” said Acting Director 

Glenda Owens. “With the surface mining 

law and the work of our dedicated staff, 

there is no doubt that our nation’s lands 

and water are in far better condition both 

during and after coal mining.”

Under the AML program, OSMRE has 

distributed more than $5 billion in grants 

to states and tribes from the Abandoned 

Mine Land Fund. Over the past 40 

years, the AML program has directly 

contributed to closing more than 43,000 

abandoned underground mine shafts and 

openings; eliminating nearly 1,000 miles 

of dangerous highwalls; and restoring 

over 35,000 acres of streams and land. 

OSMRE’s efforts have also led to a 

broadening of mining technology 

and successes through outreach 

and partnerships with colleges 

and universities. These and other 

partnerships have resulted in successful 

reclamation, reforestation, and use 

of land for commercial, industrial, 

On August 3, 2017, Deputy Secretary 

of the Interior David Bernhardt joined 

OSMRE employees and guests at a 

ceremony marking the 40th Anniversary 

of the enactment of the surface mining 

law that established OSMRE.. 

“Both the surface mining law and the 

Office of Surface Mining have had a huge 

impact on the quality of life for millions 

of people across our country, especially 

the citizens of Coal Country” said 

Deputy Secretary Bernhardt. “There’s no 

question that coal mining has built the 

American Dream for countless families 

in this country. Entire towns have been 

built around the mines, supporting 

good-paying jobs and powering the 

United States.” 

OSMRE 40th anniversary events took 

place at its national headquarters as 

well as in its three regional offices in 

Pittsburgh, PA, Alton, IL, and Denver, 

CO.

“OSMRE takes great pride in knowing 

OSMRE Celebrates 40th Anniversary

software, AMDTreat, helps States 

and communities estimate costs and 

effectively develop plans to eliminate 

acid mine drainage. Leveraging new 

technology, the Bureau uses mobile 

devices, a geographic information system 

(GIS), light detection and ranging 

(LiDAR), and unmanned aerial vehicles 

(UAVs) to map abandoned mine lands 

and increase the efficiency of inspections. 

Through the Appalachian Regional 

Reforestation Initiative (ARRI), the 

Bureau works with States, universities, 

industry, and communities to promote 

the forestry reclamation approach to 

reclaiming mine lands. As a result, the 

American chestnut tree, once close to 

extinction, is now growing in its natural 

habitat. 

For 40 years, Bureau staff have worked 

tirelessly to balance the health and safety 

of the American people and protection 

of the Nation’s environment from the 

adverse effects of surface coal mining 

operations with the production of U.S. 

energy.

residential, recreational, agricultural, and 

forestry purposes, among them reestablishment 

of critical wildlife habitats.

OSMRE also continues to leverage the latest 

science and technology through its National 

Technical Training Program (NTTP), 

Technology Development and Transfer, and 

Technical Innovation and Professional Services 

(TIPS) programs. These programs provide 

resources for technical assistance, training, and 

technology development and enhancement of 

the technical skills that states and tribes need 

to effectively administer their regulatory and 

reclamation programs under SMCRA.

The Bureau’s development of water treatment 

OSMRE leadership visits an active mining site in Illinois. An OSMRE forester explains the proper tree planting technique to 

volunteers at an Appalachian Regional Reforestation

 Initiative event.
8 Office of Surface Mining Reclamation and Enforcement 2017 OSMRE Annual Report 9

The year is 1977. America’s love for all 

things polyester is in full bloom, and the 

world is introduced to a “galaxy far, far 

away.” While Han and Chewie are saving 

the galaxy in cinemas across the land, 

politicians, industry, advocacy groups, 

and communities are hashing out a way 

to protect people and the environment 

and meet the country’s need for energy. 

The memory of February 26, 1972, was 

still fresh in their minds. That was the 

date residents along Buffalo Creek in 

West Virginia suffered one of the State’s 

worst disasters. 

A refuse dam at a coal preparation 

facility collapsed and unleashed over 100 

million gallons of water. The flood killed 

125 people, injured 1,100, and left more 

than 4,000 homeless. 

The Buffalo Creek Disaster inspired 

legislation to establish Federal standards 

for coal mining and reclamation after 

the mining ended, assess a fee on current 

coal mining to fund reclamation of mine 

lands abandoned before 1977, and create 

an agency to oversee the execution of the 

law.

On August 3, 1977, President Jimmy 

Carter signed the Surface Mining Control 

and Reclamation Act of 1977 (SMCRA) 

into law. At the signing ceremony, 

President Carter said, “I’m very proud of 

the good work that all of you have done, 

the fine and very courageous stands that 

the Members of the House and Senate 

have taken. And it’s with a great deal 

of pleasure that I, as President of our 

beautiful country, sign into law the Strip 

Mining Act, House Resolution 2, which 

will provide for the protection of our 

country in the future.”

Fast forward 40 years: Polyester’s heyday 

is a faded memory and stories from “a 

galaxy far, far away,” are still playing 

out across cinemas. Most importantly 

though, OSMRE’s work under 

SMCRA continues. 

Reflection: 40 Years of the Surface 

Mining Control and Reclamation Act

Trees grown on reclaimed mine lands used as part of the 

National Christmas Pageant of Peace at an Appalachian Regional 

Reforestation Initiative (ARRI) event.

Top left: Deer traveling across reclaimed mine lands. Top right: President Carter signs into law the Surface Mining Control and Reclamation Act on August 

3, 1977. Middle left: A reclaimed waterway. Middle right: An inspector surveying a settlement pond. Bottom left: Man planting as part of reclamation 

activities. Bottom right Active reclamation at the Freedom Mine in North Dakota. 
10 Office of Surface Mining Reclamation and Enforcement 2017 OSMRE Annual Report 11

was to be renamed the Combined Chiefs of 

Staff Building. It was here that the British 

representatives met regularly with the 

United States Chiefs of Staff, most of whom 

had offices in the Navy buildings across 

Constitution Avenue. 

Later, the Combined Chiefs of Staff Building 

was the site of the planning for the Manhattan 

Project, which developed the atomic bomb. The 

preparation was done in a temporary wooden 

structure atop the two-story center wing of 

the Building. The Manhattan Project was so 

important that the building was sealed, and 

sharpshooters maintained around-the-clock 

vigil to guard it.

OSMRE 

Moves to New 

Headquarters

After 40 years at the South Interior 

Building (SIB), OSMRE moved its 

headquarters across the street to the 

Main Interior Building. 

Constructed in 1932 as the Public Health 

Building, the SIB has a fascinating past 

that includes teepees and tennis courts, 

a plot to defeat Hitler’s forces in Europe, 

and plans for the construction of the 

first atomic bomb.

Original construction plans for the SIB 

began in 1931 - before the wide lanes 

of Constitution Avenue covered over 

what was then called “B” Street. Before 

construction started, the site had many 

uses. The Army’s Quartermaster kept his 

horses in stables along the 19th Street 

side of the lot; on B Street was a YWCA 

cafeteria. The glassed-in porches at the 

back of the YWCA building overlooked 

an expanse of tennis courts, a clubhouse, 

and a snack bar.

In December 1941, the heads of Great 

Britain’s military staff and the United 

States Joint Chiefs of Staff were united 

under the designation “Combined Chiefs 

of Staff.” So that the closest possible 

communications could be maintained 

between London and Washington, it 

was decided that representatives of the 

British Chiefs of Staff should remain 

in Washington and confer daily with 

the United States Chiefs of Staff. An 

announcement by President Roosevelt 

followed on January 30, 1942, saying 

the Public Health Service Building 

In 1977, the building became the home 

of newly formed OSMRE. Shortly after 

OSMRE moved into the building, the 

temporary Manhattan Project structure 

on the roof was demolished, much to the 

disappointment of preservationists. 

In January 1981, when restoration work 

was completed, the building officially 

became the headquarters of the Office 

of Surface Mining Reclamation and 

Enforcement.

While OSMRE may no longer reside in 

the SIB, its memories will always live in 

the building’s rich history.

Fast-forward to November 3, 1972. A 

week before the Presidential election, 

a group of Native American Indians 

barricaded themselves inside the building 

in an attempt to make their concerns 

known to the government. For seven days 

teepees covered the front lawn, manned 

by some of the protesters made up in 

war paint and brandishing spears. When 

the Indians finally left, the building 

was standing; but, its interior was in 

shambles. Although it took a long time 

to restore order, no serious structural 

damage had been done. 

Top: The Combined Chiefs of Staff meet in an office of the South 

Interior Building. Bottom: Image of the South Interior Building in 1933 

(left) and 2017 (right).

Top left: The Office of the Director at the South Interior Building in the 1930s (left) and in 2017 (right) Top right: View of the 

South Interior Building from OSMRE’s new headquarters at the Main Interior Building. Bottom left: The foyer of the South 

Interior Building in the 1940s (left) and in 2017 (right). Bottom right: Hallway of the South Interior Building lined with boxes 

as part of the move to the Main Interior Building. 
12 Office of Surface Mining Reclamation and Enforcement 2017 OSMRE Annual Report 13

January 4 - Representative Morris K. Udall (AZ) 

introduces H.R. 2, the Surface Mining Control and 

Reclamation Act.

April 29 - The Surface Mining Control and 

Reclamation Act is passed/agreed to by the House 

of Representatives.

May 5 - The Committee on Energy and Natural 

Resources discharges the bill to the U.S. Senate.

May 20 - The Surface Mining 

Control and Reclamation Act is 

passed/agreed to by the U.S. Senate.

August 3 - President Carter signs 

the Surface Mining Control and 

Reclamation Act of 1977 into law.

December 13 - Initial regulatory 

program regulations published 

along with regulations governing 

assessment and collection of 

reclamation fees.

1977

OSMRE Timeline

1978

OSMRE’s 

Abandoned Mine 

Land Program 

is created.

1979

OSMRE publishes final 

rules for the permanent 

regulatory program.

OSMRE’s National 

Technical Training Program 

is established to increase 

Federal, State and Tribal 

expertise on SMCRA.

1981

January - The SIB officially becomes 

the headquarters of the Office of 

Surface Mining Reclamation and 

Enforcement.

OSMRE goes from 42 offices to 22 as 

the Bureau transitions from direct 

regulation to State oversight.

1985

2006

The SMCRA Amendments Act of 2006 

substantially overhauls the AML reclamation 

program by, among other things, extending 

reclamation fee collection through September 

30, 2021, at incrementally reduced rates, 

requiring Treasury payments to certified states 

and tribes in lieu of payments from the AML 

Fund, providing a permanent appropriation 

for disbursements from the AML Fund, and 

requiring allocation of disbursements from 

the AML Fund on the basis of historic coal 

production.

1992

The Abandoned Mine 

Land Reclamation Award 

program is established 

to highlight exemplary 

work in reclamation.

Coal companies are 

allowed to conduct AML 

reclamation in areas 

adjacent to active mining 

activities without needing 

an additional permit.

2003

1987

The Applicant Violator 

System debuts to help 

OSMRE and the States 

determine coal mining 

permit eligibility. 2017

August 3 - 

40th Anniversary 

of SMCRA.

OSMRE moves 

to the MIB.

1991

The Abandoned Mine Reclamation Act of 

1990 becomes law. This act amends SMCRA to, 

among other things, extend the collection of 

reclamation fees three years (through September 

30, 1995), provide that interest will accrue on the 

AML Fund’s unappropriated balance, increase 

the ceiling on eligibility for the small operator 

assistance program from 100,000 to 300,000 tons 

of coal mined per year, allow use of AML funds to 

reclaim initial regulatory program sites, and allow 

states to establish a trust fund for an acid mine 

drainage abatement and treatment program.

The National Mine 

Map Repository moves 

to OSMRE from the 

Department of the 

Interior’s Bureau of Mines.

1982

1986

The Excellence in Surface 

Coal Mining Reclamation 

Awards are created.
14 Office of Surface Mining Reclamation and Enforcement 2017 OSMRE Annual Report 15

The Abandoned Mine Land program saw 

some major accomplishments during FY 

2017, and they include: • Improved land and water health 

by reclaiming, or mitigating, the 

equivalent of 12,132 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.

• Leveraged $634,920 in partner funds 

for five new watershed cooperative 

agreements in three States (Iowa, 

Ohio, and Pennsylvania).

• Used civil penalty reclamation 

funds for three sites in Tennessee 

that were abandoned and left in an 

environmentally degraded state.

• Reclaimed one mine site abandoned 

and left unreclaimed by the 

permittee in Tennessee using a 

combination of performance bonds 

and civil penalty monies.

• The Federal Reclamation Program 

addressed one AML emergency and 

abated four Priority 2 hazards in 

Michigan, and addressed two AML 

emergencies in Washington.

Title IV of SMCRA requires OSMRE to 

address environmental, public health, 

and safety hazards posed by past mining 

practices, including water pollution, acid 

mine drainage, unstable or open mining 

areas, landslides, and subsidence of 

underground coal mines. 

States and tribes may use AML 

funds to eliminate health, safety, and 

environmental problems caused by past 

mining practices and improve water 

quality by treating acid mine drainage. 

Title IV provides the authority for 

OSMRE to assess a reclamation fee on 

coal production, and the fee provides 

most of the funding for the AML 

Program. In general, through SMCRA, 

Congress created the fee based on 

the mining method used to produce 

the coal as well as the mechanism to 

collect monies. SMCRA also prescribes 

the formula by which AML funding is 

distributed. The authority to collect 

AML Reclamation fees is slated to expire 

in 2021, unless it is reauthorized by 

Congress, as it was in 2006. 

For complete information on the funding 

provided to states and tribes, the laws, 

regulations, and policies governing the 

AML Fund, OSMRE’s projects and 

initiatives under the AML Program, 

and more, please visit www.osmre.gov/

programs/aml.shtm.

Abandoned Mine Land

PROGRAM

FY 2017 AML Funding for 

States and Tribes

State/Tribe Distribution State/Tribe Distribution

Alabama 3,258,630 New Mexico 2,793,000 

Alaska 2,793,000 North Dakota 2,793,000 

Arkansas 2,793,000 Ohio 6,823,691 

Colorado 2,793,000 Oklahoma 2,793,000 

Illinois 12,315,001 Pennsylvania 33,555,249 

Indiana 5,860,428 Tennessee 2,793,000 

Iowa 2,793,000 Texas 1,582,341 

Kansas 2,793,000 Utah 2,479,301 

Kentucky 12,649,694 Virginia 3,809,523 

Louisiana 115,020 West Virginia 23,250,487 

Maryland 2,793,000 Wyoming 39,365,671 

Mississippi 113,334 Crow Tribe 521,673 

Missouri 2,793,000 Hopi Tribe 270,329 

Montana 3,275,039 Navajo Nation 995,462 

National Total is $180,963,873
16 Office of Surface Mining Reclamation and Enforcement 2017 OSMRE Annual Report 17

Celebrating 25 Years of Awards

The OSMRE National Abandoned Mine Land Reclamation Awards (AML Awards) 

began in 1992 following the success of the Title V Excellence in Surface Coal Mining 

Awards. The AML Awards give well-earned public recognition to those responsible 

for the nation’s highest achievements in abandoned mine land reclamation. 

Each year, OSMRE presents the following five AML awards:

• National Award

• Appalachian Regional Award

• Mid-Continent Regional Award

• Western Regional Award

• Small Project Award

The AML Awards are presented in partnership with the National Association of 

Abandoned Mine Land Programs.

National Award Winner:

Huling Branch AML Reclamation/ATV 

Recreation and Watershed Improvement 

Project, Pennsylvania

Appalachian Regional 

Award Winner:

Bell Central School HP AML 

Reclamation Project, Kentucky

Mid-Continent Regional 

Award Winner:

Sugar Ridge Fish and Wildlife 

Area 2 Project, Indiana

Western Regional Award 

Winner:

Madrid Low Impact 

Stormwater Project, New Mexico

Small Project Award Winner:

Hurricane Fork Gob Pile Project, Virginia

2017’s Best in Abandoned 

Mine Land Reclamation

The Abandoned Mine Land Reclamation Awards recognize outstanding abandoned 

mine land reclamation in the United States and showcase exemplary reclamation 

techniques. Only projects funded wholly or in part and completed by approved State or 

Tribal regulatory programs are eligible to win. A panel of judges composed of directors 

of State reclamation programs and OSMRE managers vote to determine the winners. 

Here are the 2017 winners:

See more Abandoned Mine Land Reclamation winners at 

www.osmre.gov/programs/awards/AMLwinners.shtm.
18 Office of Surface Mining Reclamation and Enforcement 2017 OSMRE Annual Report 19

OSMRE Releases 

Report on AML 

Pilot Projects

The Abandoned Mine Land Reclamation 

Economic Development Pilot Program 

(AML Pilot Program) for FY 2016 was 

first authorized by Congress under the 

Consolidated Appropriations Act, 2016 

(Public Law 114-113) and enacted on 

December 18, 2015.

The law designated OSMRE to administer 

the AML Pilot Program and provided 

$30 million of U.S. Treasury Funds to 

each of the three Appalachian State 

AML Programs (Kentucky, Pennsylvania, 

and West Virginia) that have the highest 

amount of unfunded coal-related problems 

that are classified as Priority 1 and 

Priority 2 abandoned mine land sites and 

inventoried in the Enhanced Abandoned 

Mine Land Inventory System (e-AMLIS). 

The AML Pilot Program funds were to be 

used “for the reclamation of abandoned 

mine lands in conjunction with economic 

and community development and reuse 

goals.”

The following year, Congress passed the 

Consolidated Appropriations Act (Public 

Law 115-31), and OSMRE again made 

funding available for projects in the AML 

Pilot Program for FY 2017. This time, 

the AML Pilot Program provided grants 

to the six Appalachian States with the 

highest amount of unfunded Priority 1 

and Priority 2 AML problems based on 

OSMRE’s AML inventory data as of 

September 30, 2016. 

Under the 2017 law, the following states 

would each receive $25 million: Kentucky, 

Pennsylvania, and West Virginia. 

Alabama, Ohio, and Virginia would each 

receive $10 million in order to accelerate 

the remediation of AML sites with 

economic and community development 

end uses.

In March, OSMRE released a report on 

AML Pilot Program implementation 

actions.

Excavator working at the Ehrenfeld Coal Refuse Pile 

Reclamation Project in Cambria County, Pennsylvania.

In the first year of the AML Pilot Program, OSMRE noted interest from public and 

private stakeholders and funders to align and expand the scope of economic and 

community development projects in conjunction with AML Pilot Program investment. 

Each State AML program has been encouraged to collaborate with its respective 

State and local economic development authorities, planning organizations, and local 

communities to identify and fund projects with the greatest potential for economic 

development. OSMRE also encouraged States to work with local organizations engaged 

in comprehensive strategic community or regional development. 

Read the entire report here: 

www.osmre.gov/programs/AML/2016_Annual_Report_AML_Economic_

Development_Pilot_Program.pdf

Reclamation work to extinguish the Powderly Creek underground mine fire in Lackawanna County, Pennsylvania. 
20 Office of Surface Mining Reclamation and Enforcement 2017 OSMRE Annual Report 21

Regulatory Program, please visit www.

osmre.gov/programs/rcm.shtm.

The review of regulatory actions and 

inspections of mine sites remain among 

the most effective ways to determine 

if a State’s mining law is properly 

implemented. In FY 2017, states 

performed 25,420 complete and 38,977 

partial mine inspections. OSMRE 

completed 595 partial and 429 complete 

inspections in its Federal and Indian 

Lands Programs.

Federal regulations require all active 

inspectable units under the permanent 

program to have four complete 

and eight partial inspections per 

year. Four complete inspections are 

required annually for all inactive units. 

Inspections conducted by primacy States 

in any given year depend, in part, on the 

number of active and inactive permits 

in each State. The primacy States 

conducted 64,397 inspections in FY 2017.

One of the purposes of SMCRA is to 

balance the nation’s need to protect the 

environment from the adverse effects 

of coal mining with the Nation’s need 

for coal as an essential energy source. 

The law directs the Bureau to establish, 

maintain, and update Federal standards 

that a State or Tribe must meet to 

administer its coal mining regulatory 

program. The Bureau also provides 

states and tribes with assistance and 

consultation needed for them to assume 

primary responsibility—or “primacy”—

for regulatory activities under SMCRA. 

When States assume primacy, OSMRE 

transitions to an oversight role, ensuring 

that State agencies properly implement 

their regulatory programs. The Bureau 

retains the ability to review states’ 

actions and take direct action, including 

enforcement, where authorized and 

necessary to ensure states appropriately 

implement their programs. OSMRE 

is the regulatory authority for Federal 

Program States as well as on Indian 

lands. To date, no Indian Tribes have 

assumed primacy. For more information 

on the array of programs, initiatives, 

projects, and actions under OSMRE’s 

Regulatory

PROGRAM

State Regulatory Grants are the principal means of 

providing environmental protection within the framework 

of SMCRA through “primacy” States that receive Federal 

grant funding. 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. 

FY 2017 Regulatory Grant Awards

State/Tribe Distribution State/Tribe Distribution

Alabama $1,290,153 Missouri 201,946

Alaska 376,633 Montana 2,050,356

Arkansas 158,492 Navajo Nation 1,800,000

Colorado 2,351,315 New Mexico 880,731

Crow Tribe 571,955 North Dakota 994,638

Hopi Tribe 402,285 Ohio 1,743,607

Illinois 3,686,090 Oklahoma 1,166,020

Indiana 1,708,000 Pennsylvania 12,539,088

Iowa 41,001 Texas 2,592,728

Kansas 120,480 Utah 2,532,165

Kentucky 12,330,245 Virginia 3,914,382

Louisiana 153,257 West Virginia 11,696,446

Maryland 831,640 Wyoming 2,273,345

Mississippi 183,002

Colorado 2,351,315 New Mexico 880,731

Crow Tribe 571,955 North Dakota 994,638

Hopi Tribe 402,285 Ohio 1,743,607

Illinois 3,686,090 Oklahoma 1,166,020

Indiana 1,708,000 Pennsylvania 12,539,088

Iowa 41,001 Texas 2,592,728

Kansas 120,480 Utah 2,532,165

Kentucky 12,330,245 Virginia 3,914,382

Louisiana 153,257 West Virginia 11,696,446

Maryland 831,640 Wyoming 2,273,345

Mississippi 183,002
22 Office of Surface Mining Reclamation and Enforcement 2017 OSMRE Annual Report 23

The awards program was designed to encourage citizen and private sector involvement 

in the care of America’s resources, recognize the outstanding reclamation that is being 

achieved by companies under the surface mining law, capture and infuse in others a 

spirit of commitment to restoring the land after it is mined for coal, and provide a 

catalyst for the transfer of new or innovative technology for wider use.

Coal companies, regulatory authorities, State or Federal mine inspectors, interest 

groups, or landowners may submit nominations.

Each year, OSMRE presents the following awards:

• National Award - presented to coal mining companies for achieving the 

most exemplary mining and reclamation in the country. A coal mining operation 

may be nominated for achievement in a specific portion of the reclamation (e.g., 

design and implementation of sedimentation control practices) or for overall 

performance in meeting the goals of SMCRA.

• Good Neighbor Award - presented to coal mining companies for 

successfully working with the surrounding landowners and the community while 

completing mining and reclamation. Nominations for this category briefly describe 

the mining and reclamation operation (both narrative and photos), and include 

testimonial letters and/or other documentation of a successful good neighbor policy.

The Excellence in Surface Coal Mining Reclamation Awards are presented in 

partnership with the National Mining Association.

About the Awards

National Award Winner:

Cloud Peak Energy

Spring Creek Coal, LLC

Spring Creek Mine, Montana

National Award Winner:

Arch Coal

Coal-Mac, LLC

Pine Creek 2 Surface Mine, West Virginia

Good Neighbor Award Winner:

Thunder Basin Grasslands Prairie Ecosystem 

Association - Five Coal Mining Companies in 

Northeastern Wyoming: 

• Arch Coal, Inc.; 

• Cloud Peak Energy, Inc.; 

• Contura Energy, Inc.; 

• Kiewit Mining Group, Inc.; and 

• Peabody Energy

2017’s Excellence in Surface 

Coal Mining Reclamation

The Excellence in Surface Coal Mining Reclamation Awards are presented to coal 

mining companies that achieve the most exemplary coal mine reclamation in the 

nation. Past winners have demonstrated a commitment to sound mining practices 

and effective reclamation plans that enhanced the beneficial post-mining use of the 

land. OSMRE has honored high-quality coal mine reclamation since 1986. 

All winning projects go beyond reclamation requirements to achieve superior results 

in returning a site to productive use after completion of mining. 

Here are the 2017 winners:

See more Excellence in Surface Coal Mining Reclamation winners at 

www.osmre.gov/programs/awards/ActiveWinners.shtm
24 Office of Surface Mining Reclamation and Enforcement 2017 OSMRE Annual Report 25

1995 image showing the highwall cut into the 

landscape on the right of the waterway.

The dangerous highwall, over 100 feet in height.

Material is pushed to build up the highwall 

base and the terraces are cut.

Highwall reclamation by cutting and 

pushing material from the top.

The project proposal was to eliminate the 

highwall, augment the soil with lime, and 

revegetate. The reclamation and regrading of 

the site involved approximately 18 acres. Brush, 

briers, and unmanaged volunteer tree species 

dominated the location before reclamation 

began. The site was reseeded with 2,500 native 

trees that included the Persimmon, Sweetgum, 

Virginia Pine, White Oak, and Yellow 

Poplar species.

The land showed heavy signs of visitation 

with multiple trails leading into the site from 

abutting natural areas that were well-traveled. 

While the location was undergoing active 

reclamation, it was common for members of 

the community to visit the site for regular 

updates. The State of Tennessee, the Frozen 

Head State Park Superintendent, and residents 

strongly supported the project. According to the 

superintendent, the State Park and natural area 

receive approximately 160,000 visitors per year.

In May 2004, OSMRE began working 

on the reclamation of a forfeited 

abandoned surface mine. However 

the bond was not entirely adequate to 

complete the reclamation required at 

the site. A significant period between 

the permittee ceasing operations and 

the commencement of this civil penalty 

funded project led to significant erosion 

and revegetation problems. The major 

outstanding reclamation involved 

backfilling, grading, and revegetation 

of a 100-foot tall highwall that was 

approximately 1,300 feet in length. 

This highwall presented a significant 

health and safety issue to the public. The 

acquisition of the land by Frozen Head 

State Park to make it part of their State 

Park Natural Area compounded the 

existing dangers.

Civil Penalty Project 

A&W Auger Corporation, Permit #1183040, Wartburg, TN

Drainage ditch placed with soil augmentation above the terrace. Grass starting to establish on the site.

This project eliminated severe 

health and safety concerns 

while benefiting environmental 

sustainability, wildlife and 

forestry enhancement, and 

increased recreational land use. 

The land was returned to 

its approximate original 

configuration before mining and 

is a significant benefit to the 

public park system.
26 Office of Surface Mining Reclamation and Enforcement 2017 OSMRE Annual Report 27

As part of OSMRE’s mandate under SMCRA, the Bureau 

provides technical support, assistance, and training to state 

and tribal surface coal mining programs. The Technology 

Development and Transfer Program covers a range of 

activities that promote and utilize technological innovations 

that better protect the environment during mining and in 

reclamation of active and abandoned mines.

OSMRE also provides training that ensures that surface 

mining programs are administered efficiently and 

effectively. In FY 2017, the Technology Development and 

Transfer Program received $15.2 million.

For more information on OSMRE’s Technology Development 

and Transfer Program, visit www.osmre.gov/programs/tdt.shtm.

In addition to regularly scheduled FY 

2017 courses, NTTP presented the 

following special sessions:

• NEPA Procedures Special Session in 

Big Stone Gap, VA with 28 students; 

• Surface and Groundwater Hydrology 

in Austin, TX with 22 students; and

• Budget Administrative Meeting with 

16 students.

In total, NTTP provided 39 training 

classes for 696 students during FY 2017. 

One of the ways that OSMRE balances 

coal production with environmental 

protection is by providing resources for 

technical assistance and training through 

its National Technical Training Program 

(NTTP).

The NTTP provides training related 

to permit approval, bond release, 

reclamation, and enforcement within 

the technical disciplines of engineering, 

hydrology, blasting, agronomy, and 

botany, which often advance technical 

solutions developed during benchmarking 

workshops.

Technology 

DEVELOPMENT AND TRANSFER

National Technical Training Program

OSMRE AmeriCorps Member monitors 

sycamore and locust trees in Kentucky.

customer base covers over 100 State, 

Tribal and OSMRE office locations 

throughout the country—nearly 2,000 

users.

The TIPS suite of engineering, scientific, 

database, and mapping core software aids 

the technical decision-making associated 

with:

• Conducting reviews of permits

• Performing cumulative hydrologic 

impact assessments

• Quantifying potential effects of coal 

mining

• Preventing acid mine drainage

• Quantifying subsidence impacts

• Measuring revegetation success

• Assisting in the design of abandoned 

mine land projects

• Providing the scientific basis for 

environmental assessments and 

environmental impact statements

Demand for TIPS tools and support 

continues to increase, especially in the 

demand for geospatial data and mobile 

computing tools for field use. TIPS also 

offers training to accommodate the use of 

mobile computing devices by inspectors. 

Mobile computing allows inspectors to 

be more efficient, which, in turn, raises 

the quality and quantity of inspections. 

TIPS has also begun an effort to make 

satellite and aerial imagery available to 

SMCRA offices nationwide through a 

centralized server accessible from any 

State, Tribal, or OSMRE office.

The Technical Innovation and 

Professional Services, TIPS, is a national 

service provided by OSMRE that 

provides off-the-shelf scientific and 

engineering modeling software to state, 

tribal, and federal offices that administer, 

or assist in administration of, SMCRA. 

TIPS also delivers comprehensive 

instructor-led and online training courses 

in the use of those tools. The training, 

developed in-house by state, tribal, and 

OSMRE experts, is customized to mining 

and reclamation applications.

The goal of TIPS is to provide state, 

tribal, and OSMRE personnel with a 

comprehensive set of analytical tools 

to aid in technical decision-making 

related to regulatory and reclamation 

processes. The services provided are 

centered around off-the-shelf scientific 

and engineering computer hardware 

and software 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 also provides commercial software 

applications to State, Tribal, and 

OSMRE offices at considerable cost 

savings by sharing the commercial 

licenses for the software via the Internet 

and OSMRE Wide Area Network. 

Thirty commercially available software 

applications cover a wide range of 

regulatory and AML subjects. The 

Technical Innovation and

Professional Services
28 Office of Surface Mining Reclamation and Enforcement 2017 OSMRE Annual Report 29

For more information on completed Applied 

Science studies and the program, please visit 

www.osmre.gov/programs/tdt/appliedScience.

shtm. 

In FY 2017, OSMRE’s major 

accomplishments in Technology 

Development and Transfer included: • Conducted State specific blasting 

inspection training, developed Microsoft 

Excel tools to predict and evaluate the 

adverse effects of blasting, maintained 

the OSMRE blasting webpage, 

hosted monthly “Blasting Technical 

Chat” conference calls, facilitated 

State regulatory discussions at State 

coordinated workshops, and responded 

to numerous State inquiries for technical 

information and advice.

• Formed the OSMRE Unmanned Aerial 

Systems (UAS) team, facilitating the 

use of drone technology to allow for 

the creation of aerial imagery, video, 

elevation models, contour maps, and 

infrared and thermal imagery for use in 

coal reclamation.

• Provided technical assistance related 

to water quality of mine discharges 

at numerous sites in West Virginia, 

Maryland, Pennsylvania, and Tennessee.

• Provided technical assistance involving 

analysis of quality control and 

stability issues at coal mine waste 

slurry impoundments in Tennessee 

and Kentucky, and evaluation of 

experimental practices in West Virginia 

and Kentucky.

Applied Science projects support studies 

by universities and other research 

institutions in the areas of coal mine 

reclamation, geomorphic reclamation 

practices, stream protection, acid mine 

drainage, and other topics relevant to 

environmentally responsible mining and 

reclamation. The projects are conducted 

as cooperative agreements between 

researchers and OSMRE to maintain a 

strong connection between sound science 

and the practical applications needed to 

carry out SMCRA on the ground.

To date, OSMRE has awarded over $11.5 

million in grants to 82 projects. These 

projects included nineteen Technical 

Investigations funded for over $3.4 

million since FY 2015. These technical 

investigations differ from the usual 

Applied Science projects in that they 

are funded internally by OSMRE rather 

than through Applied Science funding. 

OSMRE has not received funding for 

the Applied Science program since FY 

2012. OSMRE requested $1.2 million in 

funding for Applied Sciences during FY 

2017. 

Applied Science Underground 

Mine Maps

The Underground Mine Mapping 

Initiative seeks to enhance the 

capabilities of the States, Tribes, and 

OSMRE to make underground coal 

mine maps available to the public. The 

initiative supports the identification, 

acquisition, preservation, scanning, and 

digital rendering of historic mine maps. 

It also supports developing standard 

practices and, where necessary, acquiring 

hardware, software, and personnel 

resources needed to properly archive mine 

maps.

When maps are scanned and catalogued 

by each State, copies are sent to 

OSMRE’s National Mine Map Repository 

(NMMR) in Pittsburgh, Pennsylvania. 

OSMRE archives maps and reciprocally 

provides copies to the States for their 

collections. In this fashion, the NMMR 

provides map information from a central 

location to homeowners and other 

interested parties, and serves as a backup 

location for the States to ensure longterm protection of these valuable historic 

records.

Since the program began, OSMRE has 

funded 61 projects for a total expenditure 

of more than $3 million. The total State 

cost share contributed was over $1.6 

million, which is a 53% matching fund 

ratio. As a result of this funding, five 

States will complete all remaining digital 

underground mine mapping efforts and 

will share this information with the 

general public via the Internet. In 2017, 

OSMRE did not distribute a solicitation 

for Underground Mine Mapping projects.

• Organized through Appalachian 

Regional Reforestation Initiative 

(ARRI) partners 2,140 volunteers to 

plant approximately 240,000 trees on 

post-bond release mine sites across 

Appalachia.

• Expanded the OSMRE Technology 

Development and Transfer presence on 

the OSMRE website, implementing a 

strategic Technology Transfer process.

• Completed software development and 

initial testing for e-permitting.

• Developed and implemented a new 

ArcGIS/SQL database for the National 

Mine Map Repository, allowing for more 

efficient data entry and retrieval of mine 

map information.

• Fulfilled 330 client requests consisting 

of a total of 3,014 mine maps.

• Conducted educational outreach 

opportunities regarding the OSMRE 

mission, coal mining, and careers in 

science, technology, engineering, and 

mathematics to 16,245 K-12th grade 

students across various schools and 

educational organizations throughout 

the country. 

OSMRE Hydrologist demonstrates technology used in mine 

reclamation to students at a local school.
30 Office of Surface Mining Reclamation and Enforcement 2017 OSMRE Annual Report 31

permits coal refuse sites. Today, refuse 

facilities in Pennsylvania are permitted 

as “zero discharge” after reclamation is 

completed.

OSMRE honored Burda with the fifth 

ECHO (Environment, Community, 

Humanity, Ownership) Award for his 

sustained efforts to effectively implement 

the law. 

The nomination, which came from an 

OSMRE hydrologist, outlined how 

Burda analyzed groundwater data and 

showed how past reclamation techniques 

were inadequate to prevent AMD. 

Burda also required a coal producer 

to use new materials to line a refuse 

area, which created a new standard. 

As his nomination stated, “Craig’s 

accomplishment was achieved with no 

change in the regulatory requirements 

for protecting surface and ground water. 

He evolved the program by simply failing 

to accept substandard practices and 

using monitoring data as the basis for his 

permitting decisions.”

Mr. Burda was presented the ECHO 

Award at the Rachel Carson State Office 

Building in Harrisburg, Pennsylvania, on 

January 4, 2017.

For more than 20 years, mining engineer 

Craig Burda dedicated himself to 

protecting people and the environment. 

Specifically, Burda saw the ongoing 

threat of acid mine drainage (AMD) 

coming from permitted coal waste 

facilities. 

Due to Burda’s tireless work at 

the Pennsylvania Department of 

Environmental Protection (PADEP), 

and his understanding of the law and 

the engineering needed to eliminate 

the hazard of AMD, his efforts led to 

a change in how the Commonwealth 

Veteran Pennsylvania Mining 

Engineer Received OSMRE’s 5th 

ECHO Award

Craig Burda cited for successful effort to end acid mine 

drainage from coal waste facilities

OSMRE Echo Award logo.

2017 ECHO Award Winner Craig Burda.

The cornerstone of the Public Health Building went into place on May 6, 1931. Seventy-six years later, that 

building would become the original home of OSMRE.

Fiscal Year 2017

TABLES
32 Office of Surface Mining Reclamation and Enforcement 2017 OSMRE Annual Report 33

State Project Name

Sponsor Organization

Grant Amount (dollars)

Iowa

Rowley Application

Pathfinders RC&D

$100,000

Schmitz Application

Pathfinders RC&D

$100,000

Indiana West Application

Pathfinders RC&D

$100,000

Ohio

Monday Creek

Rural Action, Inc.

$100,000

Pennsylvania

Kentucky Hollow

Pittsburg Botanic Gardens

$100,000

Total $100,000

Data Source: OSMRE Regional Offices as reported in Data Validation and Verification forms

Total Number of Projects: 5

Final Rules Published, FY 2017

Title Citations Date 

Effective

Summary of the Rule

Civil Penalties 

Inflation Adjustments

82 FR 9349 2/6/2017 Pursuant to the Federal Civil Penalities 

Inflation Adjustment Act Improvements Act 

of 2015 and the Office of Management and 

Budget (OMB) guidance, this rule adjusts the 

level of civil monetary penalties assessed 

under the Surface Mining Control and 

Reclamation Act of 1977 for 2017.

Stream Protection 

Rule

81 FR 93066 1/19/2017 OSMRE published a revision of its regulations. 

On February 1, 2017, Congress nulified this 

rule under the Congressional Review Act.

During FY 2017, OSMRE published in the Federal Register four proposed rules and three final rules for state program 

amendments.

Data Source: OSMRE Program Support Directorate

Watershed Cooperative Agreements, FY 2017

Case Name Citation Summary of Decision

Wyodak Res. Dev. Corp. 

v. United States

130 Fed. Cl. 315 

(2017)

Plaintiff Wyodak Resources Development Corp. filed this suit in the U.S. Court of 

Federal Claims seeking a partial refund of abandoned mine land reclamation (AML) 

fees it paid to the Department of the Interior’s Office of Surface Mining Reclamation 

and Enforcement (OSMRE) pursuant to section 402(a) of the Surface Mining Control 

and Reclamation Act of 1977 (SMCRA), 30 U.S.C. § 1232(a), and OSMRE’s implementing regulations at 30 C.F.R. §§ 870.12(a) and 870.13. Wyodak’s position was 

that it was entitled to pay AML fees at the lower lignite rate on a portion of the coal 

it produced from a mine in the State of Wyoming, while the government’s position 

was that Wyodak was responsible for payment of AML fees at the higher surface 

mining rate on all of the coal it produced from the mine. After a 2012 trial court decision in favor of the government, Wyodak appealed to the U.S. Court of Appeals for 

the Federal Circuit, which, in 2013, reversed the trial court’s decision and remanded 

the case to that court for further proceedings. On January 23, 2017, after a 2016 trial that centered on expert witness testimony and related issues, the trial court issued 

a decision in favor of the government. The court held that Wyodak was not entitled 

to the refund it sought because it did not present satisfactory evidence at trial that 

lignite was present in its mine. Wyodak did not appeal the decision. 

M.L. Johnson Family 

Props., LLC v. Jewell

237 F. Supp. 3d 

528 (E.D. Ky.)

M.L. Johnson Family Properties, LLC (Johnson Family) filed this complaint in 2016, 

seeking judicial review of a Department of the Interior administrative law judge 

(ALJ) decision that upheld OSMRE’s decision to terminate a cessation order issued 

to Premier Elkhorn Coal LLC. Johnson Family owns a majority interest in the surface 

of the subject property. Premier Elkhorn, an intervenor defendant in the case, holds 

a lease for the coal under the property. On February 15, 2017, the court issued an 

opinion denying the government’s and Premier Elkhorn’s motions for judgment on 

the pleadings and to dismiss, respectively, which had argued that the court lacked 

jurisdiction because Johnson Family had failed to exhaust its administrative remedies. The court accepted that, in the Sixth Circuit, exhaustion is a mandatory, jurisdictional requirement under SMCRA. However, the court held that Johnson Family 

satisfied the exhaustion requirement when it filed an appeal of the ALJ’s ruling with 

the Interior Board of Land Appeals (IBLA), it requested a stay of the ruling until the 

IBLA resolved the appeal, and the IBLA failed to respond to the stay request within 

the 45-day period allotted under 43 C.F.R. § 4.21. 

Farrell-Cooper Mining 

Co. v. U.S. Dep’t of the 

Interior

864 F.3d 1105 

(10th Cir. 2017)

In 2016, Farrell-Cooper filed a complaint in federal district court in Oklahoma, seeking to have the district court review the decision of a Department of the Interior 

administrative law judge (ALJ) that sustained a notice of violation (NOV) that OSMRE 

issued to Farrell-Cooper in 2013 for allegedly failing to return one of its mines to the 

approximate original contour of the land. The district court dismissed the complaint, 

finding that the court did not have subject matter jurisdiction because the ALJ’s decision did not constitute final agency action. Farrell-Cooper filed an appeal with the 

U.S. Court of Appeals for the Tenth Circuit. On July 25, 2017, the Tenth Circuit ruled 

in Farrell-Cooper’s favor, holding that, pursuant to 43 C.F.R. § 4.21(a)(3), “the ALJ’s 

decision became final and subject to judicial review following the IBLA’s denial of a 

stay.” The appellate court reversed the district court’s dismissal of Farrell-Cooper’s 

complaint and remanded the case to the district court for proceedings consistent 

with the appellate decision. The government did not seek rehearing of the appellate decision.

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

Significant Court Cases, FY 2017
34 Office of Surface Mining Reclamation and Enforcement 2017 OSMRE Annual Report 35

Case Name Citation Summary of Decision

Diné Citizens Against 

Ruining Our Environment v. Bureau of 

Indian Affairs

No. CV-16-08077-

PCT-SPL (D. Az. 

Sept. 11, 2017)

In 2016, Diné Citizens Against Ruining Our Environment and four other plaintiffs filed 

a complaint challenging the decisions of OSMRE and three other Department of 

the Interior agencies associated with the 25-year extension of operations for the 

Four Corners Power Plant and Navajo Mine, which are located on Navajo Nation 

lands. The complaint alleged violations of the Endangered Species Act, the National Environmental Policy Act, and the Administrative Procedure Act. The federal 

agencies, led by OSMRE, completed an environmental impact statement evaluating 

the effects of various permitting actions, including issuance of a new SMCRA permit 

for a new area of the mine. The mine owner, Navajo Transitional Energy Company 

(NTEC), filed a limited motion to intervene for the purpose of seeking to dismiss the 

case under Rule 19 of the Federal Rules of Civil Procedure, which the court granted. 

On September 11, 2017, the court granted NTEC’s motion to dismiss the case, which 

the government had opposed. The court found that NTEC was a required party 

because NTEC had a legally protected interest that only NTEC can adequately 

protect. The court concluded that NTEC could not be joined as a party because it 

enjoys sovereign immunity as an arm of the Navajo Nation. Because NTEC was a required party that could not be joined, the court found that considerations of equity 

and good conscience dictated dismissal of the suit in its entirety. 

Southern Appalachian 

Mtn. Stewards v. Zinke

279 F. Supp. 3d 

722 (W.D. Va. 

2017)

Plaintiffs Southern Appalachian Mountain Stewards (SAMS) and Sierra Club filed this 

action pursuant to 30 U.S.C. § 1276(a)(2) of the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Plaintiffs are pursuing judicial review of a decision from 

the Interior Board of Land Appeals (IBLA). At bottom, plaintiffs contend that the 

decision improperly denied a federal inspection to address allegations in plaintiffs’ 

citizen complaint concerning selenium levels at a Virginia coal mine’s outfall. On 

September 20, 2017, after the parties briefed cross-motions for summary judgment, 

the district court issued an opinion in plaintiffs’ favor, holding that the challenged 

IBLA decision was arbitrary and capricious. Among other things, the court found 

that the IBLA’s finding that the Virginia State regulatory authority’s sampling showed 

there was no violation of Virginia’s water quality standards was “counter to the record evidence and fails to address an important aspect of the plaintiffs’ complaint.” 

OSMRE was directed to conduct a federal inspection to address the allegations set 

forth in plaintiffs’ citizen complaint.

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

Significant Court Cases, FY 2017 continued

State Oversight 

Inspections2

Ten-Day 

Notices for 

Observed 

Violations3

Ten-Day Notices 

for Citizen 

Complaints4

Notices of 

Violations5

FailureTo-Abate 

Cessation 

Orders6

Imminent 

Harm 

Cessation 

Orders7

Alabama 44 2 0 0 0 0

Alaska 4 0 0 0 0 0

Arkansas 2 0 0 0 0 0

Colorado 14 0 0 0 0 0

Illinois 43 0 0 0 0 0

Indiana 21 0 2 0 0 0

Iowa 0 0 0 0 0 0

Kansas 0 0 0 0 0 0

Kentucky 398 1 1 0 0 0

Louisiana 12 0 0 0 0 0

Maryland 18 0 0 0 0 0

Mississippi 8 0 0 0 0 0

Missouri 2 0 0 0 0 0

Montana 5 0 0 0 0 0

New Mexico 6 0 0 0 0 0

North Dakota 9 0 0 0 0 0

Ohio 61 0 1 0 0 0

Oklahoma 8 0 5 0 0 0

Pennsylvania 310 9 9 2 0 0

Texas 6 1 0 0 0 0

Utah 8 0 0 0 0 0

Virginia 94 0 1 0 0 0

West Virginia 293 1 21 0 0 0

Wyoming 9 0 0 0 0 0

 TOTAL 1375 14 40 2 0 0

1 Table displays inspections conducted and enforcement actions cited by OSMRE in States with approved regulatory programs during FY 2017.

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

3-Field Office Visits and Inspections.” Assisted inspections and field visits performed jointly with States are not included.

3 OSMRE issues a “Ten-Day Notice for an Observed Violation” to the State Regulatory Authority when OSMRE observes a violation. The State has ten 

days to issue a Notice of Violation, or take other appropriate enforcement action, to compel the coal mine operator to abate the violation or to 

respond to OSMRE explaining why issuance of a Notice of Violation or other enforcement action would not be appropriate.

4 OSMRE issues a “Ten-Day Notice for a Citizen Complaint” to the State Regulatory Authority when a citizen requests an inspection of a suspected 

violation, and OSMRE has reason to believe that a violation exists. The State has ten days to issue a Notice of Violation, or take other appropriate 

enforcement action, to compel the coal mine operator to abate the violation or to respond to OSMRE explaining why issuance of a Notice of 

Violation or other enforcement action would not be appropriate.

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

after the State Regulatory Authority has not resolved an issue raised by OSMRE in a Ten-Day Notice.

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

7 OSMRE issues an “Imminent Harm Cessation Order” to cease surface coal mining and reclamation operations if an OSMRE inspector finds, on 

the basis of any Federal inspection, that there is an imminent danger to the health or safety of the public or the threat of significant, imminent 

environmental harm to land, air, or water resources.

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

Federal Oversight of State Programs, FY 20171
36 Office of Surface Mining Reclamation and Enforcement 2017 OSMRE Annual Report 37

State/Tribe Regulatory 

Staffing1

New Permits New 

Acreage 

Permitted 2

Total 

Acreage 

Permitted

Inspectable 

Units

Complete 

Inspections

Partial 

Inspections

Notices 

of 

Violation

Alaska 5 0 0 11651 7 26 45 0

Alabama 25 1 199 76551 167 1998 49 99

Arkansas 3 0 0 1688 6 24 52 4

Colorado 22 0 0 109692 31 126 217 3

Crow Tribe 4 0 0 9787 2 8 16 0

Georgia 0 0 0 0 0 4 7 0

Hopi Tribe 5 0 0 3110 1 2 0 0

Iowa 1 0 0 0 0 0 0 0

Illinois 47 2 851 80830 73 322 632 24

Indiana 38 0 0 174967 76 302 594 26

Kansas 2 0 0 2841 7 28 56 2

Kentucky 180 17 12084 1804244 1511 6497 10185 796

Louisiana 4 0 0 44250 3 12 24 0

Maryland 11 2 66 4764 58 263 507 8

Missouri 4 0 0 3939 8 32 64 0

Mississippi 3 0 0 11845 2 8 16 0

Montana 18 0 0 39861 13 57 107 0

North Dakota 9 0 0 115695 25 102 546 2

New Mexico 9 0 0 55732 8 30 28 0

Navajo Nation 9 0 0 67012 9 28 37 0

Ohio 24 1 74 70762 195 761 1239 14

Oklahoma 20 0 0 14071 55 226 247 16

Pennsylvania 179 30 5393 305474 1254 4808 7069 477

Tennessee 25 1 1496 21431 116 422 579 12

Texas 40 0 0 323209 32 142 299 0

Ute Tribe 3 0 0 175 1 4 9 0

Utah 14 0 0 2260 32 109 196 12

Virginia 58 6 644 74162 302 1507 2036 101

Washington 5 0 0 14301 2 7 16 0

West Virginia 215 18 1938 342794 2040 7920 14586 667

Wyoming 18 0 0 324828 30 120 184 0

TOTAL 997 78 22,745 4,111,926 6,066 25,895 39,642 2,263 

State/Tribe Failure-ToAbate CO’sImminent Harm 

CO’s

Bond Forfeitures Acreage of 

Phase I Bond 

Released

Acreage of 

Phase II Bond 

Released

Acreage of 

Phase III Bond 

Released

Alaska 0 0 1 96 430 0

Alabama 10 2 1 1847 853 1086

Arkansas 0 0 0 0 0 0

Colorado 0 0 0 149 157 751

Crow Tribe 0 0 0 0 0 0

Georgia 0 0 0 0 0 0

Hopi Tribe 0 0 0 0 0 0

Iowa 0 0 0 0 0 0

Illinois 2 0 0 2688 2425 3263

Indiana 7 0 0 4879 4904 3444

Kansas 0 0 0 0 120 0

Kentucky 167 7 7 21746 10478 8282

Louisiana 0 0 0 0 0 0

Maryland 0 0 1 217 221 246

Missouri 0 0 0 0 0 0

Mississippi 0 0 0 33 33 33

Montana 0 0 0 832 249 772

North Dakota 0 0 0 0 0 0

New Mexico 0 0 0 0 0 0

Navajo Nation 0 0 0 459 0 0

Ohio 0 1 0 927 1679 3540

Oklahoma 0 0 0 212 1668 1192

Pennsylvania 16 3 9 1863 3118 3487

Tennessee 0 0 0 236 814 2343

Texas 0 0 0 2915 676 809

Ute Tribe 0 0 0 59 0 0

Utah 0 0 0 21 0 85

Virginia 12 2 0 3007 2043 1845

Washington 0 0 0 0 0 0

West Virginia 50 22 0 2214 4459 13685

Wyoming 0 0 0 4674 13924 1320

TOTAL 264 37 19 49,074 48,251 46,183 

1 Staffing rounded to nearest whole number.

2 New acreage includes acreage for new permits, incidental boundary revisions, and any other permit revisions that add acreage.

State statistics based on 2017 State Program evaluation year (July 1, 2016 to June 30, 2017); Federal statistics, for Federal Program States and Indian 

Tribes, based on 2017 Federal fiscal year (October 1, 2016 to September 30, 2017).

Data Source: 2017 Data for States and Tribes (DST)

Regulatory Program Statistics, FY 2017 Regulatory Program Statistics, FY 2017 continued
38 Office of Surface Mining Reclamation and Enforcement 2017 OSMRE Annual Report 39

State/Tribe FY 2017

Federal Funding

Total FY 2016

Federal Funding

Cumulative Through 

FY 2017

Federal Funding1

Alabama $1,290,153 $1,330,148 $43,041,804

Alaska 376,633 396,239 9,571,442 

Arkansas 158,492 147,638 5,547,960 

Colorado 2,351,315 2,456,471 62,277,948 

Illinois 3,686,090 4,004,618 93,323,742 

Indiana 1,708,000 1,930,961 58,473,185 

Iowa 41,001 42,375 3,738,233 

Kansas 120,480 102,048 4,227,862 

Kentucky 12,238,470 11,632,000 430,228,017 

Louisiana 153,257 154,478 5,562,137 

Maryland 831,640 868,481 21,622,723 

Michigan - - 135,458 

Mississippi 183,002 197,773 3,117,706 

Missouri 201,946 69,418 10,995,117 

Montana 2,050,356 2,086,377 37,354,166 

New Mexico 880,731 837,363 24,313,714 

North Dakota 994,638 967,972 21,730,054 

Ohio 1,743,607 2,412,328 92,085,894 

Oklahoma 1,166,020 1,217,280 33,345,155 

Pennsylvania 12,539,088 11,883,781 375,164,773 

Rhode Island - - 158,453 

Tennessee - - 5,340,085 

Texas 2,592,728 2,364,367 47,776,053 

Utah 2,532,165 2,305,343 55,586,355 

Virginia 3,914,382 3,800,374 116,602,032 

Washington - - 4,893 

West Virginia 11,696,446 12,141,088 288,662,424 

Wyoming 2,273,345 2,074,535 63,712,010 

Crow Tribe 571,955 544,724 5,040,648 

Hopi Tribe 402,285 392,759 6,380,933 

Navajo Tribe 1,800,000 1,533,399 15,949,749 

N. Cheyenne Tribe - - 86,888 

Total $68,498,225 $67,894,338 $1,941,157,614

Figures shown above have been adjusted for rounding.

1Regulatory Grants are used to fund OSMRE Regulatory Activities. This may include the Applicant/Violator System, 

Technical Innovation and Professional Services, Kentucky Settlement, and other Title V cooperative agreements. 

Cumulative figures are net of all prior-year adjustments.

Data Source: Financial Business Management System

Regulatory Grant Funding, FY 2017 Obligations

2016 2017

Discretionary Appropriations

Regulation & Technology

Environmental Restoration $133 

Environmental Protection $91,872 $90,168 

Technology Dev. & Transfer 15,205 15,205

Financial Management 505 505

Executive Dir. & Admin 15,711 15,169

Subtotal $123,426 $121,047 

Abandoned Mine Reclamation

Environmental Restoration $9,480 $9,480 

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

Financial Management $6,396 $6,396 

Executive Dir. & Admin $7,883 $7,743 

AML Economic Development Pilot 

Program

$90,000 $105,000 

Subtotal $117,303 $132,163 

Total Discretionary Appropriations $240,729 $253,210 

Mandatory Appropriations

Payments to States in Lieu of Coal Fee 

Receipts (Treasury Funds)

$303,373 $46,239 

Grants to States and Tribes (AML Fund) $163,150 $134,725 

Transfer to United Mine Workers Fund $179,521 $295,549 

Total Mandatory Appropriations $646,044 $476,513 

Total OSMRE $886,773 $729,723 

Amounts do not include Civil Penalty collections. Figures are rounded.

Data Source: Fiscal Year 2017 Congressional appropriations.

Appropriations (in thousands), FY 2017
40 Office of Surface Mining Reclamation and Enforcement 2017 OSMRE Annual Report 41

Course Name Number of 

Sessions

Students

Acid-forming Materials: Fundamentals & 

Applications

1 23 

Acid-forming Materials: Soils & Overburden 0 0 

AML Design Workshop: Dangerous 

Highwalls

1 17 

AML Design Workshop: Dangerous 

Openings

1 9 

AML Design Workshop: Fires 1 8 

AML Design Workshop: Landslides 1 11 

AML Design Workshop: Subsidence 1 14 

AML Drilling & Grouting 1 20 

AML Reality 1 14 

AML Reclamation Projects 1 11 

Applied Engineering Principles 2 34 

Basic Inspection Workbook 1 12 

Blasting and Inspection 2 35 

Advanced Blasting:Investigation and 

Analysis

1 15 

Coalfield Communications: How to Get it 

Right! 

1 28 

Enforcement Procedures 0 0 

Data Source: National Technical Training Program (NTTP)

Course Name Number of 

Sessions

Students

Erosion and Sediment Control 2 35 

Evidence Preparation & Testimony 2 26 

Expert Witness 0 0 

Forensic Hydrologic Investigation 2 39 

Geology and Geochemistry of Acid-forming 

Materials

2 33 

Historical and Archeological Resources 1 23 

Instructor Training Course 1 15 

Mine Gas Safety and Investigations 1 11 

National Environmental Policy Act (NEPA) 

Procedures

1 28 

NEPA Special Session 1 28 

Passive Treatment 2 42 

Principles of Inspection 0 0 

Soils and Revegetation 2 39 

Subsidence 1 16 

Surface and Groundwater Hydrology 2 37 

Surface and Groundwater Hydrology - 

Special Session

1 22 

Wetlands Awareness 2 51 

TOTAL 39 696 

Data Source: National Technical Training Program (NTTP)

National Technical Training Program

Courses and Enrollment, FY 2017

National Technical Training Program

Courses and Enrollment, FY 2017 continued
42 Office of Surface Mining Reclamation and Enforcement 2017 OSMRE Annual Report 43

OSMRE Offices

Appalachian 

Regional Office

Three Parkway Center

Pittsburgh, PA 15220

(412) 937-2828

www.arcc.osmre.gov

Western

Regional Office

1999 Broadway, Suite 3320

Denver, CO 80202

(303) 293-5000

www.wrcc.osmre.gov

Mid-Continent 

Regional Office

William L. Beatty Federal Bldg.

501 Belle Street, Room 216

Alton, IL 62002

(618) 463-6460

www.mcrcc.osmre.gov

Headquarters 

1849 C Street, NW

Washington, DC 20240

(202) 208-2565

www.osmre.gov

Denver Field Division

(Alaska, Colorado, Utah)

1999 Broadway, Suite 3320

Denver, CO 80202

(303) 293-5026

OLYMPIA AREA OFFICE

(Washington)

Evergreen Plaza Bldg.

711 South Capitol Way, 

Suite 703

Olympia, WA 98501

(360) 753-9538

ALBUQUERQUE AREA OF-

FICE

(Arizona, California, New Mexico, 

Navajo Tribe, Hopi Tribe, Ute 

Tribe)

100 Sun Avenue, NE

Pan American Building, 

Ste 330

Albuquerque, NM 87109

(303) 293-5035

Casper Field Office

(Idaho, Montana, North Dako-

ta, South Dakota, Wyoming, 

Crow Tribe, Northern Chey-

enne Tribe, Cheyenne River 

Sioux Tribe)

150 East B Street, Room 

1018

Casper, WY 82601-1018

(301) 261-6550

Pittsburgh Field Division

(Maryland, Massachusetts, 

Michigan, Ohio, Pennsylvania, 

Rhode Island)

Three Parkway Center

Pittsburgh, PA 15220

(412) 937-2828

HARRISBURG AREA OFFICE

215 Limekiln Rd.

New Cumberland, PA 17070 

(717) 730-6985

Charleston Field Office

(West Virginia)

1027 Virginia Street, East

Charleston, WV 25301

(304) 347-7158

BECKLEY AREA OFFICE

313 Harper Park Dr.

Beckley, WV 25801

(304) 255-5265

MORGANTOWN AREA OFFICE

604 Cheat Road, Suite 150

Morgantown, WV 26508

(304) 291-4004

Lexington Field Office

(Kentucky)

2675 Regency Road

Lexington, KY 40503-2922

(859) 260-3902

LONDON AREA OFFICE

421 West Highway 80

P.O. Box 1048

London, KY 40741

(606) 878-6440

Knoxville Field Office

(Georgia, North Carolina, 

Tennessee, Virginia)

710 Locust Street, 2nd Floor

Knoxville, TN 37902

(865) 545-4103

Fax: (865) 545-4111

FIELD OVERSIGHT BRANCH

1947 Neeley Road, Suite 201

Compartment 116

Big Stone Gap, VA 24219

(276) 523-4303

Alton Field Division

(Illinois, Indiana, Iowa, 

Missouri)

William L. Beatty Federal Bldg.

501 Belle Street, Room 216

Alton, IL 62002

(618) 463-6460

Birmingham Field Office

(Alabama, Louisiana, 

Mississippi)

Barber Business Park

135 Gemini Circle, Suite 215

Homewood, AL 35209

(205) 290-7282

Tulsa Field Office

(Arkansas, Kansas, Oklahoma, Texas)

1645 South 101st East Avenue, 

Suite 145

Tulsa, OK 74135-6548

(918) 581-6430

Additional Western

Regional Offices

Additional Mid-Continent

Regional Offices

Additional Appalachian 

Regional Offices

AN ELECTRONIC VERSION OF THIS REPORT 

IS AVAILABLE HERE:

www.osmre.gov/resources/annualReports.shtm
Office of Surface Mining Reclamation and Enforcement

1849 C Street NW, Washington, DC 20240 | www.osmre.gov