OSMRE NEPA HANDBOOK 1 JULY 2019

APPENDIX 6.2 OSMRE CATEGORICAL EXCLUSIONS

Departmental Manual Part 516 Chapter 13: Managing the NEPA Process

Office of Surface Mining Reclamation and Enforcement

13.5 Categorical Exclusions

A. The following OSM actions are deemed not to be major Federal actions within the 

meaning of Section 102(2)(C) of NEPA under Sections 501(a) or 702(d) of the SMCRA. 

They are hereby designated as categorical exclusions from the NEPA process and are exempt 

from the exceptions under 43 CFR 46.215:

(1) Promulgation of interim regulations.

(2) Approval of State programs.

(3) Promulgation of Federal programs where a State fails to submit, implement, 

enforce, or maintain an acceptable State program.

(4) Promulgation and implementation of the Federal lands program.

B. In addition to the actions listed in the Departmental categorical exclusions outlined in 43 

CFR 46.210, many of which OSM also performs, the following OSM actions (SMCRA 

sections are in parentheses) are designated categorical exclusions unless the actions qualify 

as an exception under 43 CFR 46.215:

(1) Monetary allotments to States for mining and mineral resources institutes (301).

(2) Allocation of research funds to institutes (302).

(3) Any research effort associated with ongoing abandoned mine land reclamation 

projects where the research is coincidental to the reclamation (401(c)(6)).

(4) Collection of reclamation fees from operators (402(a)).

(5) Findings of fact and entries on land adversely affected by past coal mining (407(a)).

(6) Acquisition of particular parcels of abandoned mine lands for reclamation (407(c)). 

(7) Filing liens against property adversely affected by past coal mining (408).

(8) Interim regulatory grants (502(e)(4)).

(9) Disapproval of a proposed State program (503(c)).

(10) Review of permits issued under a previously approved State program (504(d)).
OSMRE NEPA HANDBOOK 2 JULY 2019

(11) Five-year permit renewal on life-of-mine plans under the Federal lands program or 

the Federal program for a State where the environmental impacts of continued 

mining are adequately analyzed in a previous environmental document for the 

mining operation (506(d)).

(12) Small operator assistance program (507(c)).

(13) Issuance of public notices and holding public hearings on permit applications 

involving Federal lands or under a Federal program for a State (513).

(14) Routine inspection and enforcement activities (517).

(15) Conflict of interest regulations (517(g)).

(16) Assessment of civil penalties (518).

(17) Releases of performance bonds or deposits for mining on Federal lands or under a 

Federal program for a State (519).

(18) Issuance of cessation orders for coal mining and reclamation operations (521(a)(2) 

and (3)).

(19) Suspension or revocation of permits (521(a)(4)).

(20) Federal oversight and enforcement of ineffective State programs (521(b)).

(21) Cooperative agreements between a state and the Secretary to provide for State 

regulation of surface coal mining and reclamation operations on Federal lands 

(523(c)).

(22) Development of a program to assure that, with respect to the granting of permits, 

leases, or contracts for Federally-owned coal, no one shall be unreasonably denied 

purchase of the mined coal (523(d)).

(23) Annual grants programs to States for program development, administration, and 

enforcement (705(a)).

(24) Assistance to States in the development, administration, and enforcement of State 

programs (705(b)).

(25) Increasing the amount of annual grants to States (705(c)).

(26) Submission of the Secretary's annual report to the Congress (706).
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(27) The proposal of legislation to allow Indian tribes to regulate surface coal mining on 

Indian lands (710(a)).

(28) The certification and training of blasters (719).

(29) Approval of State Reclamation Plans for abandoned mine lands (405).

(30) Development of project proposals for AML grants, including field work only to the 

extent necessary for the preparation and design of the proposal.

(31) Use of AML funds to allow States or tribes to set aside State share funds in a 

special trust for future AML projects.

(32) Use of AML funds in an insurance pool for the purposes of compensation for 

damage caused by mining prior to the date of the Act.

(33) AML reclamation projects involving: No more than 100 acres; no hazardous 

wastes; no explosives; no hazardous or explosive gases; no dangerous 

impoundments; no mine fires and refuse fires; no undisturbed, noncommercial 

borrow or disposal sites, no dangerous slides where abatement has the potential for 

damaging inhabited property; no subsidences involving the placement of material 

into underground mine voids through drilled holes to address more than one 

structure, and no unresolved issues with agencies, persons, or groups or adverse 

effects requiring specialized mitigation. Departmental exceptions in 516 DM 2, 

Appendix 2* apply to this exclusion. All sites considered in this categorical 

exclusion would have to first meet the eligibility test in sections 404, 409 and 411 

of SMCRA. Also projects that have been declared an emergency pursuant to 

section 410 of SMCRA, may be candidates for this exclusion.

*516 DM 2, Appendix 2 has been codified and is now referenced as 43 CFR 46.215.