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Office of Surface Mining

Reclamation and Enforcement

U.S. Department of the Interior

FY 2019

Annual Report

www.OSMRE.gov
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This report is being provided as an alternative to the print version of the Office of Surface 

Mining Reclamation and Enforcement’s FY 2019 Annual Report to comply with Section 

508 of the Rehabilitation Act for accessibility needs. A print version is available at 

https://www.osmre.gov/resources/annual-reports.

Conflict of Interest Reporting under the Surface Mining Control and Reclamation Act of 

1977

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

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

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

interest provisions.
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Table of Contents

About the Office of Surface Mining Reclamation and Enforcement ............................................. 1

Mission Statement..................................................................................................................... 1

Fiscal Year 2019 Budget and Workforce at a Glance......................................................... 1

Office of Surface Mining Reclamation and Enforcement Office Locations............................ 1

Interior Regions 5, 7-11 ...................................................................................................... 1

Interior Regions 3,4, and 6.................................................................................................. 2

Interior Regions 1 and 2...................................................................................................... 2

Headquarters....................................................................................................................... 2

Additional OSMRE Regional Offices...................................................................................... 2

Interior Regions 1 and 2...................................................................................................... 2

Interior Regions 3, 4, and 6................................................................................................. 3

Interior Regions 5, 7-11 ...................................................................................................... 3

Highlights Fiscal Year 2019 ........................................................................................................... 5

Abandoned Mine Land Program............................................................................................... 5

Regulatory Program .................................................................................................................. 5

Technology Development and Transfer Program..................................................................... 5

Mine Drainage Technology Initiative ............................................................................................. 5

National Technical Training Program (NTTP) NEPA Courses Enhanced..................................... 6

OSMRE Emergency Project Work: South 23rd Street................................................................... 6

Abandoned Mine Land Program..................................................................................................... 8

Restoring Our Lands....................................................................................................................... 8

AMLER Program...................................................................................................................... 9

Abandoned Mine Land Reclamation Awards............................................................................... 11

Award Eligibility..................................................................................................................... 11

Award Winners....................................................................................................................... 11

National Award....................................................................................................................... 12

Dessecker Mine Project, Ohio .......................................................................................... 12

Regional Awards..................................................................................................................... 14

Roger Cornett Slide, Kentucky......................................................................................... 14

Narrow Lake Abandoned Mine Land Site 1805, Indiana................................................. 14

Wise Hill Underground Fire Mitigation, Colorado........................................................... 14

Small Project Award............................................................................................................... 15

Marvel Gob Fire, Alabama ............................................................................................... 15

Regulatory Program ...................................................................................................................... 16
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Protecting the Environment .......................................................................................................... 16

FY 2019 Regulatory Grant Awards........................................................................................ 16

Inspections.............................................................................................................................. 17

Recognizing Exemplary Reclamation........................................................................................... 18

Award Eligibility..................................................................................................................... 18

Award Winners....................................................................................................................... 18

National Awards..................................................................................................................... 19

Peabody Western Coal Company, Kayenta Mine, Black Mesa, Arizona......................... 19

Peabody Midwest Mining, LLC, Vermilion Grove Mine, Ridge Farm, Illinois.............. 19

Good Neighbor Awards.......................................................................................................... 20

ICG Tygart Valley, Leer Mine Complex, Grafton, West Virginia ................................... 20

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

Navajo Mine, Fruitland, New Mexico .............................................................................. 20

Technology Development and Transfer Program......................................................................... 21

National Technical Training Program..................................................................................... 21

Technical Innovation and Professional Services .................................................................... 22

Protecting Endangered Bat Species........................................................................................ 23

Fiscal Year 2019 Tables................................................................................................................ 24

Table 1: FY 2019 Abandoned Mine Land Funding (Cash Basis) .......................................... 25

Table 2: FY 2019 AML Fund Status (dollars in thousands)................................................... 27

Table 3: Abandoned Mine Land Inventory Costs................................................................... 28

Table 5a: Abandoned Mine Land Reclamation (1978-2019) ................................................. 31

Table 5b: Abandoned Mine Land Reclamation Accomplishments (1978-2019) ................... 35

Table 6: FY 2019 Appropriations (in thousands)................................................................... 36

Table 7: Regulatory Grant Funding FY 2019 Obligations..................................................... 37

Table 8: Oversight of State Programs1.................................................................................... 38

Table 9: Regulatory Program Statistics for FY 2019.............................................................. 40

Table 10: Watershed Assistance - OSMRE/VISTAs and Interns FY 2019............................ 42

Table 11: NTTP Courses and Enrollment FY 2019................................................................ 43

Table 12: Significant Court Decisions FY 2019..................................................................... 44
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About the Office of Surface Mining Reclamation and Enforcement

The Office of Surface Mining Reclamation and Enforcement (OSMRE) is a bureau within the 

United States Department of the Interior. OSMRE is responsible for establishing a nationwide 

program to protect society and the environment from the adverse effects of surface coal mining 

operations, under which OSMRE is charged with balancing the nation’s need for continued 

domestic coal production with protection of society and the environment.

OSMRE was created when Congress enacted the Surface Mining Control and Reclamation Act 

of 1977 (SMCRA). OSMRE works with states and tribes to ensure that citizens and the 

environment are protected during coal mining and that the land is restored to beneficial use when 

mining is finished. OSMRE and its partners are also responsible for reclaiming and restoring 

lands and water degraded by mining operations before August 3, 1977.

In its beginning, OSMRE directly enforced mining laws and arranged cleanup of abandoned 

mine lands. Today, most coal states have developed their own programs to do those jobs 

themselves, as Congress envisioned. OSMRE focuses on overseeing the state programs and 

developing new tools to help the states and tribes get the job done.

OSMRE also works with colleges and universities and other state and federal agencies to further 

the science of reclaiming mined lands and protecting the environment, including initiatives to 

promote planting more trees and establishing much-needed wildlife habitat.

Mission Statement

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

and tribes. OSMRE’s primary objectives are to ensure that coal mines are operated in a manner 

that protects citizens and the environment during mining and assures that the land is restored to 

productive use following mining, and to mitigate the effects of past mining by aggressively 

pursuing reclamation of abandoned coal mines.

Fiscal Year 2019 Budget and Workforce at a Glance

• $255.5 million in discretionary funds

• $570.7 million in mandatory funds

• 376 full-time equivalent employees

• Headquartered in Washington with three regional offices

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

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

Office of Surface Mining Reclamation and Enforcement Office Locations

Interior Regions 5, 7-11

Regional Office

P. O. Box 25065 

One Denver Federal Center, Building 41 

Lakewood, CO 80225
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(303) 293-5000

Interior Regions 3,4, and 6 

Regional Office

William L. Beatty Federal Bldg.

501 Belle Street, Room 216

Alton, IL 62002

(618) 463-6460

Interior Regions 1 and 2 

Regional Office

Three Parkway Center

Pittsburgh, PA 15220

(412) 937-2828

Headquarters

1849 C Street, NW

Washington, DC 20240

(202) 208-2565

www.osmre.gov

Additional OSMRE Regional Offices

Interior Regions 1 and 2

Pittsburgh Field Division.

(Maryland, Massachusetts, Michigan, Ohio, Pennsylvania, Rhode Island)

Three Parkway Center Pittsburgh, PA 15220

(412) 937-2828

Harrisburg Area Office.

215 Limekiln Rd.

New Cumberland, PA 17070 (717) 730-6985

Charleston Field Office.

(West Virginia)

1027 Virginia Street, East

Charleston, WV 25301

(304) 347-7158

Beckley Area Office.

313 Harper Park Dr.

Beckley, WV 25801

(304) 255-5265
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Morgantown Area Office.

604 Cheat Road, Suite 150

Morgantown, WV 26508

(304) 291-4004

Lexington Field Office.

(Kentucky)

2675 Regency Road

Lexington, KY 40503-2922

(859) 260-3902

London Area Office.

421 West Highway 80

P.O. Box 1048

London, KY 40741

(606) 878-6440

Knoxville Field Office.

(Georgia, North Carolina, Tennessee, Virginia)

710 Locust Street, 2nd Floor

Knoxville, TN 37902

(865) 545-4103

Interior Regions 3, 4, and 6

Alton Field Division.

(Illinois, Indiana, Iowa, Missouri)

William L. Beatty Federal Bldg. 501

Belle Street, Room 216

Alton, IL 62002

(618) 463-6460

Birmingham Field Office.

(Alabama, Louisiana, Mississippi)

Barber Business Park

135 Gemini Circle, Suite 215

Homewood, AL 35209

(205) 290-7282

Tulsa Field Office.

(Arkansas, Kansas, Oklahoma, Texas)

1645 South 101st East Avenue Suite 145

Tulsa, OK 74135-6548

(918) 581-6430

Interior Regions 5, 7-11
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Denver Field Division.

(Alaska, California, Colorado, New Mexico, Oregon, Utah)

P.O. Box 25065 

One Denver Federal Center, Building 41 

Lakewood, CO 80225 

(303) 293-5026

Olympia Area Office.

(Washington)

Evergreen Plaza Bldg.

711 South Capitol Way, Suite 703

Olympia, WA 98501

(360) 753-9538

Casper Field Office.

(Idaho, Montana, North Dakota, South Dakota, Wyoming, Crow Tribe, Northern Cheyenne 

Tribe, Cheyenne River Sioux Tribe)

150 East B Street, Room 1018

Casper, WY 82601-1018

(301) 261-6550
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Highlights Fiscal Year 2019

Abandoned Mine Land Program

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

The Abandoned Mine Land (AML) Program addresses environmental and public safety hazards 

on pre-SMCRA mine sites. In Fiscal Year (FY) 2019, the program made more than $291.2 

million in grants available to states and tribes.

Regulatory Program

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

OSMRE’s Regulatory Program implements SMCRA and sets administrative and technical 

standards, performs oversight of and provides assistance to State Regulatory Programs (SRP) 

and administers regulatory programs in states that do not have a SRP. In FY 2019, the Bureau’s 

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

regulatory authorities.

Technology Development and Transfer Program

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

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

assistance, training, and technology transfer for OSMRE’s AML and Regulatory Programs. In 

FY 2019, the Technology Development and Transfer Program received $16.3 million of which 

$12.8 million was provided in regulation and technology funds and $3.5 million was allotted in 

AML funding.

Mine Drainage Technology Initiative

OSMRE, the Environmental Protection Agency, the U.S. Geological Survey, the Department of 

Energy, the National Mining Association, and the Interstate Mining Compact Commission 

created the Acid Drainage Technology Initiative (ADTI) in 1995. This program provides a forum 

for collaboration and information exchange through a cooperative agreement awarded by 

OSMRE annually to higher education institutions, non-profit organizations, federal and state and 

local governments, and Native American Tribes. Applicants for the cooperative agreement may 

request up to $200,000. The program’s primary goal is to develop an understanding of mine 

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

The program name was changed to the Mine Drainage Technology Initiative (MDTI) in FY 2017 

to more accurately reflect issues associated with both acid and toxic mine drainage.

In FY 2019, OSMRE awarded the MDTI cooperative agreement to the University of Pittsburgh 

titled, Quantifying the geochemical evolution of water discharged from a flooded mine pool to 

optimize mine drainage treatment strategies. 

The study will:

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

• Help to identify adaptive strategies for cost-effective remediation techniques and 

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

For more information about the program, please visit: www.osmre.gov/programs/mine-drainagetechnology-initiative.

National Technical Training Program (NTTP) NEPA Courses Enhanced

As part introducing OSMRE management, staff, and our state and tribal partners to OSMRE’s 

new NEPA Handbook, OSMRE facilitated multiple outreach opportunities. These included two 

NTTP NEPA training courses and presentations at the National Association of Abandoned Mine 

Land Programs and the Conference of Government Mining Attorneys. Also underway were 

efforts to develop the Bureau’s first Advanced NEPA training course. These outreach 

opportunities reached over 200 NEPA practitioners and OSMRE managers.

OSMRE Emergency Project Work: South 23rd Street

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

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

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

result of the collapse left a vital 72-inch-diameter water line exposed and in immediate danger of 

failure—a failure which would have been catastrophic for the City of Renton.

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

problems OSMRE faced in Washington state.

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

catastrophic.

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

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

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

students via car and bus.

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

maps necessitated the further exploration of the event.

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

the interpretation of the data required significant expertise and judgment.

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

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

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

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

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

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

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

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

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

pavement surface while reclamation work was underway.
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• The involvement of multiple stakeholders, including the City of Renton, Seattle Public 

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

establishing cooperation and community support for the project.

The reclamation consisted of drilling 17 vertical boreholes to inject compaction grouting to 

depths between 35 and 65 feet. Over three phases, a low mobility compaction grout was injected 

into the boreholes. The grout injections densified soils and filled potential subsurface voids 

beneath the SPU water pipeline. The contractor then drilled 15 shallower vertical boreholes for 

permeation grouting to fill any remaining gaps within the upper 20 feet of mine workings 

beneath the pipe. 

Careful monitoring of the grouting program allowed OSMRE to adjust grout hole locations, 

pressures, and depths to mitigate the potential catastrophe and make the area safe again. The 

reclamation work was accomplished successfully through thorough planning, careful monitoring 

during construction, and sound judgment and decisive action in the field during construction.
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Abandoned Mine Land Program

Restoring Our Lands

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

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

or open mining areas, landslides, and subsidence of underground coal mines.

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

environmental problems caused by past mining practices and improve water quality by treating 

acid mine drainage.

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

the fee provides most of the funding for the AML Program. SMCRA establishes the fee based on 

the type of mining used to produce the coal, and prescribes the formula by which AML funding 

is distributed. The authority to collect AML reclamation fees is slated to expire in 2021, unless it 

is reauthorized by Congress, as it was in 2006.

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

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

and more, please visit www.osmre.gov/programs/reclaiming-abandoned-mine-lands.
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FY 2019 AML Grants to States and Tribes

State/Tribe Amount Allocated

Alabama $ 5,139,869

Alaska $ 2,814,000

Arkansas $ 2,814,000

Colorado $ 3,117,101

Illinois $ 18,678,495

Indiana $ 8,072,975

Iowa $ 2,814,000

Kansas $ 2,814,000

Kentucky $ 18,296,295

Louisiana $ 177,816

Maryland $ 2,814,000

Mississippi $ 102,445

Missouri $ 2,814,000

Montana $ 7,747,222

New Mexico $ 2,814,000

North Dakota $ 2,814,000

Ohio $ 10,285,761

Oklahoma $ 2,814,000

Pennsylvania $ 53,846,935

Tennessee $ 2,814,000

Texas $ 2,515,463

Utah $ 1,362,163

Virginia $ 5,607,813

West Virginia $ 35,754,311

Wyoming $ 87,833,889

Crow Tribe $ 1,211,505

Hopi Tribe $ 588,522

Navajo Nation $ 2,817,230

National Total $ 291,295,810

State/Tribal allocations are rounded to the nearest dollar.

Note: Approximately $10 billion worth of unfunded coal problems remain in the Abandoned 

Mine Land Inventory System’s (e-AMLIS).

AMLER Program

Since FY 2016, Congress has funded the Abandoned Mine Land Economic Revitalization 

Program (AMLER, formerly known as the AML Pilot) through annual appropriations. In FY 

2019, the AMLER program made $115 million in funding available to three Tribal AML 

Programs (Crow Tribe, Hopi Tribe, and Navajo Nation) and six Appalachian states with the 

highest amount of unfunded high-priority coal problems (Alabama, Kentucky, Ohio, 

Pennsylvania, Virginia, and West Virginia).

Additional information on the AMLER program can be found in OSMRE’s AMLER Program 

Report.

To read the most recent report, please visit www.osmre.gov/programs/reclaiming-abandonedmine-lands.
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FY 2019 Abandoned Mine Land Economic Revitalization Program

State/Tribe Amount Allocated

Alabama $ 10,000,000

Kentucky $ 25,000,000

Ohio $ 10,000,000

Pennsylvania $ 25,000,000

Virginia $ 10,000,000

West Virginia $ 25,000,000

Crow Tribe $ 3,333,334

Hopi Tribe $ 3,333,333

Navajo Nation $ 3,333,333

Total FY Program Grant $115,000,000
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Abandoned Mine Land Reclamation Awards

OSMRE first recognized outstanding abandoned mine land reclamation and exemplary 

reclamation techniques in 1992, when it started the annual AML Reclamation Awards 

Program. The program mirrors one of the objectives of SMCRA to ensure that land mined for 

coal would be restored to beneficial use as part of the mining process and that lands abandoned 

without reclamation before the law would be reclaimed.

Award Eligibility

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

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

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

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

tribal program each year.

Award Winners

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

demonstrating innovative reclamation techniques and completing reclamation that results in 

outstanding on-the-ground performance.
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OSMRE has traditionally given five awards:

• One national award.

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

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

• Three regional awards.

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

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

National Award

Dessecker Mine Project, Ohio

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

health, safety, property, and general welfare threats from historic mining operations, including 

acid mine drainage, open mine portals, and hazardous equipment left in the open. To address the 

hazards, Ohio’s AML Program sealed the portals, eliminated a dangerous highwall, removed 

hundreds of tons of debris, and preserved historically significant mining assets. The state formed 

a partnership with the community to solve many of the AML problems. The result now allows 

scouts, visitors, and people living nearby to enjoy the former mine site safely.
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Regional Awards

Roger Cornett Slide, Kentucky

On a rainy Friday night in April 2018, Kentucky received a call from a resident concerned about 

a sudden landslide near his home, his rental properties, and a neighbor’s house. The landslide 

brought down tons of mud, trees, and old coal, threatening people’s lives and property. 

Kentucky’s quick response abated the threats to the residents and the safety of their property.

Narrow Lake Abandoned Mine Land Site 1805, Indiana

A dangerous and large highwall loomed above a road and a lake in the Greene-Sullivan State 

Forest, posing a danger to anyone driving, hiking, or fishing near Narrow Lake. Indiana’s AML 

program worked with two sister agencies in the Indiana Department of Natural Resources to 

address the AML hazard. The collaborative effort removed almost 4,000 linear feet of highwall, 

and the agencies created additional cabin areas, built a new boat ramp, constructed more than a 

mile of trails, and added new fish habitat, all of which improved recreational opportunities at the 

site. 

Wise Hill Underground Fire Mitigation, Colorado

One of the biggest underground mine fires in Colorado burned for more than 70 years, frustrating 

repeated efforts to contain or extinguish it. After several unsuccessful attempts to suffocate it, the 

fire migrated thousands of feet, grew in size, and threatened a nearby coal mine and a town. The 

fire also generated toxic gases and heat that could have ignited surface vegetation, potentially 

leading to wildfires. Colorado’s program used methods learned from a previous underground

mine fire project to mitigate the threat and contain the fire deep underground, minimizing the 

danger of wildfire and toxic fumes.
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For project videos of past and present winners, please visit 

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

Small Project Award

The award recognizes projects that used less than $1 million in total cost and are carried out in 

states that receive $6 million or less in AML funding annually.

Marvel Gob Fire, Alabama

An ongoing mine fire at Alabama’s old Marvel mines caused havoc in a small community with 

surface temperatures reaching as high as 930 degrees Fahrenheit. More than an acre of gob 

material was burning, generating noxious odors, smoke, and fog. Alabama’s AML program put 

out the fire and reclaimed the site in 50 working days. The project is considered small in scale by 

reclamation standards, but for people living nearby, Alabama’s AML Program solved an 

important community concern.
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Regulatory Program

Protecting the Environment

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

the adverse effects of coal mining with the Nation’s use of coal as an energy source. The law 

directs the Bureau to establish, maintain, and update federal standards that a state or tribe must 

meet to administer its coal mining regulatory program. The Bureau also provides states and 

tribes with assistance and consultation needed for them to assume primary responsibility—or 

“primacy”—for regulatory activities under SMCRA. When a state or tribe assumes primacy, 

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

implements its regulatory programs. The Bureau retains the ability to review regulatory actions 

and take direct action, including enforcement, where authorized and necessary to ensure the state 

or tribe is appropriately implementing its programs. OSMRE is the regulatory authority for 

Federal Program States as well as on Indian lands. To date, no Indian Tribe has assumed 

primacy. 

For more information on the array of programs, initiatives, projects, and actions under OSMRE’s 

Regulatory Program, please visit www.osmre.gov/programs/regulating-active-coal-mines.

FY 2019 Regulatory Grant Awards

National Total $68,590,000

State/Tribe Final Allocated State/Tribe Final Allocated

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

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

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

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

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

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

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

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

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

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

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

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

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

Mississippi $ 221,265

OSMRE provides matching funding in the form of regulatory grants to primacy states up to 50 

percent of the cost of their regulatory programs. Indian Tribes can receive 100 percent of the 

funds necessary to develop a regulatory program.
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Inspections

Federal regulations require all active inspectable units under the permanent program to have four 

complete and eight partial inspections per year. Four complete inspections are required annually 

for all inactive units. Inspections conducted by primacy states in any given year depend, in part, 

on the number of active and inactive permits in each state. 

The review of regulatory actions and inspections of mine sites remain among the most effective 

ways to determine if a state’s mining law is properly implemented. In FY 2019, states performed 

23,530 complete and 38,242 partial mine inspections. OSMRE completed 562 partial and 404 

complete inspections in its Federal and Indian Lands Programs.
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Recognizing Exemplary Reclamation

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

companies that achieve the most exemplary coal mine reclamation in the nation. Past winners 

have demonstrated a commitment to sound mining practices and effective reclamation plans that 

enhanced beneficial postmining use of the land. OSMRE has honored high-quality coal mine 

reclamation since 1986.

Award Eligibility

Surface coal mining and reclamation operations conducted under 

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

reclamation completed using Government Financial Reclamation Contracts under the Enhanced 

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

projects carried out exclusive of active mining are not included in this program. AML projects 

integrated with Title V permitted operations 

are eligible for an award.

Award Winners

Award winners are recognized for developing innovative reclamation techniques or have 

completed reclamation that resulted in outstanding on-the-ground performance. The awards 

program is designed to help state and federal regulators transfer exceptional reclamation methods 

and techniques from award-winning operations to other coal mine operators who work under 

SMCRA nationwide.
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National Awards

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

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

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

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

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

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

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

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

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

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

the successful implementation of postmining land uses of herbaceous wildlife cover and highcapability cropland adjacent to the slurry impoundment. These techniques can be transferred to 

other sites where water resources are limited and land is costly.
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Good Neighbor Awards

ICG Tygart Valley, Leer Mine Complex, Grafton, West Virginia

ICG nominated the Leer Mine Complex as a Good Neighbor for its efforts to reduce noise and 

visibility of the mining operations. Newly installed centrifugal fans inside sound-insulated 

buildings reduced noise levels to the extent that previously concerned patrons at an adjacent golf 

course did not know the new fans were in operation. Surrounding trees were left in place and a 

winding access road reduced visibility of the site. The company also practices good neighbor 

policies, providing sports scholarships, hosting Relay For Life events, giving away Christmas 

presents to school children, donating to food drives, and numerous other community outreach 

events. ICG Tygart Valley is owned by Arch Coal.

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

Mine, Fruitland, New Mexico

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

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

several ways, including:

• Supporting a post-secondary education program at the Bond Wilson Technical Center.

• Developing a STEM career event at local schools.

• Creating a teacher workshop.

• Funding internship and scholarship programs.

• Creating a seminar series at a local college.

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

Mexican deserts.

• Hosting tours and other educational outreach events.

For project videos of past and present winners, please visit

www.osmre.gov/programs/excellence-in-surface-coal-mining-reclamation-winners. 
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Technology Development and Transfer Program

As part of OSMRE’s mandate under SMCRA, the Bureau provides technical support, assistance, 

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

Transfer Program covers a range of activities that promote and utilize technological innovations 

that better protect the environment during mining and in reclaiming active and abandoned mines.

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

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

Technology Development and Transfer Program received $16.345 million.

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

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

National Technical Training Program

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

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

Program (NTTP).

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

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

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

workshops. In total, NTTP provided training classes for 609 students during FY 2019 in 10 states 

and 23 locations.

For more information about NTTP courses, please visit www.osmre.gov/programs/nationaltechnical-training-program.
Page 22

Technical Innovation and Professional Services

The Technical Innovation and Professional Services (TIPS) is a national service by OSMRE that 

provides off-the-shelf scientific and engineering modeling software to state, tribal, and federal 

offices that administer SMCRA. TIPS also delivers comprehensive instructor-led and online 

training courses in the use of those tools. The trainings developed in-house by state, tribal, and 

OSMRE experts are customized to mining and reclamation applications.

The goal of TIPS is to provide state, tribal, and OSMRE personnel with a comprehensive set of 

analytical tools to aid in technical decision-making related to regulatory and reclamation 

processes. The services provided are centered around commercial scientific and engineering 

computer hardware and software supported by OSMRE in partnership with the states and tribes. 

This technical assistance grew from a few applications available on a single specially designed 

shared workstation to a software suite available for use on desktop computers.

TIPS also provides commercial software applications to state, tribal, and OSMRE offices at 

considerable cost savings by sharing the commercial licenses for the software via the Internet 

and the OSMRE Wide Area Network. Thirty commercially available software applications cover 

a wide range of regulatory and abandoned mine land subjects. The customer base continues to 

include over 100 state, tribal, and OSMRE office locations throughout the country totaling nearly 

2,000 users.

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

decision-making associated with:

• Conducting reviews of permits.

• Performing cumulative hydrologic impact assessments.

• Quantifying potential effects of coal mining.

• Preventing acid mine drainage.

• Quantifying subsidence impacts.

• Measuring revegetation success.

• Assisting in the design of abandoned mine lands projects.

• Providing the scientific basis for environmental assessments and environmental impact 

statements.

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

geospatial data and mobile computing tools for field use. TIPS also offers training to 
Page 23

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

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

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

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

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

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

Protecting Endangered Bat Species

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

mine sites:

• Indiana bats.

• Northern long-eared bats.

• Gray bats.

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

our state regulatory agency partners and the U.S. Fish and Wildlife Service to ensure mining 

activities do not negatively impact federally listed bats that are present at a mine site. Through 

this work, and partnerships with other federal and state agencies, OSMRE helps develop 

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

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

OSMRE works to protect bats here: www.osmre.gov/programs/bat-conservation-and-mining.
Page 24 

Fiscal Year 2019 Tables 

Rhinos and deer at The Wilds in Ohio. The project sits on reclaimed abandoned mine lands, and 

through the efforts of the Columbus Zoo, is home to several endangered or threatened species. 

OSMRE and The Wilds collaborated on several mining and reclamation related research projects 

to help enhance conservancy efforts.
Page 25 

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

State/Tribe AML 

Collections1

State Share 

Distribution

Historic Coal 

Distribution

Minimum

Program 

Distribution

Certified In Lieu 

Distribution2

Total Mandatory 

Distribution

Emergency 

Distribution3

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Washington $0 $0 $0 $0 $0 $0 $0
Page 26 

State/Tribe AML 

Collections1

State Share 

Distribution

Historic Coal 

Distribution

Minimum

Program 

Distribution

Certified In Lieu 

Distribution2

Total Mandatory 

Distribution

Emergency 

Distribution3

West 

Virginia 

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

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

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

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

Navajo 

Nation

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

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

Total figures above have been adjusted for rounding. 

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

financial statement as these include other amounts.

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

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

sequestration. 

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

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

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

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

Total Mandatory Distribution.

Data Source: Financial Business Management System (FBMS) and the Grant Distribution 
Page 27 

Table 2: FY 2019 AML Fund Status (dollars in thousands)

Activity FY 2019 FY 2018

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

AML Appropriated Pilot Funds 115,000 115,000 

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

Net Investment Activity 59,335 49,236 

Total Earnings 321,849 319,759 

Less:

 Disbursements/Recission 218,369 239,329 

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

 Total Disbursements and Transfers 272,690 285,586 

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

Total figures above have been adjusted for rounding. 

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

presented elsewhere in this report.

Data Source: Financial Business Management System (FBMS)
Page 28 

Table 3: Abandoned Mine Land Inventory Costs

Inventory Type FY 2019 Percent of Total

Completed $4.32 billion 28%

Funded $0.63 billion 4%

Unfunded $10.6 billion 68%

TOTAL $15.55 billion 100%

This table includes all coal and non-coal problems (Priority 1, 2, 3, 4, 5, B, F, and H) as well as non-mining activities. It does not include AML Pilot Program 

projects.

Data Source: eAMLIS
Page 29 

Table 4: FY 2019 Abandoned Mine Land Grants1 to Primacy 

States and Indian Tribes

State/Tribe Administration2 Project 

Costs3

AMD

Set-Aside4

NonReclamation 

Activity Costs5

2019 Total 2018 Total

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The figures in Table 4 have been adjusted for rounding.

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

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

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

Decreases of prior year awards are not included. Therefore, these numbers will not tie to the FY 2019 Mandatory 

Distribution in Table 1.

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

management, and program policy development. Indirect costs associated with the administration of the program 

may also be included. 
Page 30 

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

supply, and non-coal projects.

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

and treatment.

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

Data Source: Financial Business Management System (FBMS). 
Page 31 

Table 5a: Abandoned Mine Land Reclamation (1978-2019) State/Indian Lands Clogged Streams Clogged Stream Lands Dangerous Highwalls Dangerous Impoundments Dangerous Piles & Embankments Dangerous Slides Dangerous Gases Hazardous Equipment & Facilities Hazardous 

Water Bodies

Industrial/Resi

dential Waste

Portals

Polluted 

Water: 

Agriculture & 

Industrial

Polluted 

Water: Human 

Consumption

Subsidence

Surface 

Burning

Underground 

Mine Fires

Vertical 

Openings

Bench*

Equipment / 

Facility*

Gobs*

Highwall*

Haul Road*

Mine Opening*

Pits*

Slump*Slurry*

Spoil Area*

Water 

Problems*

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Missouri 11 1567 104664 6 893 0 0 28 44 74 36 66 15 6 19 7 138 2 9 152 22644 2 1 79 0 69 1062 73
Page 32 

State/Indian 

Lands

Clogged 

Streams

Clogged 

Stream Lands

Dangerous 

Highwalls

Dangerous 

Impoundments

Dangerous 

Piles & 

Embankments

Dangerous 

Slides

Dangerous 

Gases

Hazardous 

Equipment & 

Facilities

Hazardous 

Water Bodies

Industrial/Resi

dential Waste

Portals

Polluted 

Water: 

Agriculture & 

Industrial

Polluted 

Water: Human 

Consumption

Subsidence

Surface 

Burning

Underground 

Mine Fires

Vertical 

Openings

Bench*

Equipment / 

Facility*

Gobs*

Highwall*

Haul Road*

Mine Opening*

Pits*

Slump*Slurry*

Spoil Area*

Water 

Problems*

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

TOTAL 2556 20924 4015734 2272 15518 4856 79 5261 1742 1137 13658 538 57270 9255 2071 9102 10060 41 37 1183 79261 123 38 291 31 458 5069 2631
Page 33 

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

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

2 CERT is the Council of Energy Resources Tribes: Blackfeet, Cheyenne River Sioux, Fort Berthold (Mandan, Hidatsa, Arikira), Fort Peck (Assiniboine and Sioux), Northern Cheyenne, Jicarilla Apache, Laguna 

Pueblo, Rocky Boys (Chippewa and Cree), San Carlos Apache, Southern Ute, Uintah and Ouray, Ute Mountain Ute,White Mountain Apache, and Wind River (Arapaho and Shoshone).

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

Table includes AML projects funded through Coal Interim Site Funding, Clean Streams Initiatives, Coal Insolvent Surety Site Funding, Federal Reclamation Program Funding, Non-Coal, Pre-SMCRA Grants 

Funding, State Acid Mine Drainage Set-Aside, State Emergencies, State Future Reclamation Set-Aside Funding, and Watershed Cooperative Agreements projects. 

Data Source: eAMLIS 
Page 34 

 
Page 35 

Table 5b: Abandoned Mine Land Reclamation

Accomplishments (1978-2019) 

Priority 3 Coal and Non-Coal Problems (Environmental Restoration) State/Indian Lands Bench Equipment/Fa cility Gobs Haul Road Highwalls Industrial/Res idential Waste Mine Openings Pits

Slump

Slurry

Spoil Area

Water 

Problems

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

TOTAL 741 803 6,113 1,167 252 1,231 9,607 737 2,377 96,154 
Page 36 

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

Hidatsa, Arikira), Fort Peck (Assiniboine and Sioux), Northern Cheyenne, Jicarilla Apache, Laguna Pueblo, Rocky 

Boys (Chippewa and Cree), San Carlos Apache, Southern Ute, Ute Mountain Ute, White Mountain Apache, and 

Wind River (Arapaho and Shoshone).

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

Data Source: eAMLIS.

Table 6: FY 2019 Appropriations (in thousands)

Category 2018 2019

Discretionary Appropriations

 Regulation & Technology

 Environmental Restoration $4 $20

 Environmental Protection $88,602 $88,602

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

 Financial Management $505 $505

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

Subtotal $115,848 $115,864

 Abandoned Mine Reclamation

 Environmental Restoration $9,480 $9,480 

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

 Financial Management $5,182 $5,182 

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

 AML Economic Development Pilot Prog. $115,000 $115,000 

Subtotal $139,672 $132,672

Total Discretionary Appropriations $255,520 $255,536

Mandatory Appropriations

 Payments to States in Lieu of Coal Fee 

 Receipts (Treasury Funds)

$106,678 $102,994

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

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

Total Mandatory Appropriations $632,189 $570,693

Total OSMRE $887,709 $826,2291

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

Data Source: FY 2019 Congressional appropriations. 
Page 37 

Table 7: Regulatory Grant Funding FY 2019 Obligations

State/Tribe FY 2019 Federal 

Funding

Total FY 2018 Federal 

Funding

Cumulative Through 

FY 2019 Federal 

Funding1

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

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

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

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

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

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

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

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

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

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

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

Michigan 0 0 $135,458 

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

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

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

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

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

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

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

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

Rhode Island 0 0 $158,453 

Tennessee 0 0 $5,340,085 

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

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

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

Washington 0 0 $4,893 

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

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

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

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

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

N. Cheyenne Tribe 0 0 $86,888 

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

Figures shown above have been adjusted for rounding 

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

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

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

Data Source: Financial Business Management System.
Page 38 

Table 8: Oversight of State Programs1

State Oversight 

Inspections2

Ten-Day 

Notices for 

Observed 

Violations3

Ten-Day 

Notices for 

Citizen 

Complaints4

Notices of 

Violations 

(NOVs)5

Failure-ToAbate 

Cessation 

Orders 

(FTACOs)6

Imminent 

Harm 

Cessation 

Orders 

(IHCOs)7

Alabama 38 0 0 0 0 0 

Alaska 6 0 0 0 0 0 

Arkansas 3 0 0 0 0 0 

Colorado 14 0 0 0 0 0 

Illinois 40 0 0 0 0 0 

Indiana 21 0 0 0 0 0 

Iowa 0 0 0 0 0 0 

Kansas 2 0 0 0 0 0 

Kentucky 262 2 0 0 0 2 

Louisiana 4 0 0 0 0 0 

Maryland 11 0 0 0 0 0 

Mississippi 6 0 0 0 0 0 

Missouri 3 0 0 0 0 0 

Montana 4 0 0 0 0 0 

New Mexico 3 0 0 0 0 0 

North Dakota 12 0 0 0 0 0 

Ohio 37 0 0 0 0 0 

Oklahoma 17 0 0 0 0 0 

Pennsylvania 237 9 1 0 0 0 

Texas 10 0 0 0 0 0 

Utah 8 0 0 0 0 0 

Virginia 55 0 0 0 0 0 

West Virginia 122 0 0 0 0 0 

Wyoming 9 0 0 0 0 0 

 TOTAL 924 11 1 0 0 2 

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

during FY 2019.

2 “Oversight Inspections” are those conducted solely by OSMRE and reported in the Inspection and Enforcement Tracking 

(INE) system using “Table 3-Field Office Visits and Inspections.” Assisted inspections and field visits performed jointly with 

states are not included.

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

non-imminent harm violation. The state has ten days to take enforcement or other action to cause the violation to be corrected 

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

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

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

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

5 OSMRE issues a Federal “Notice of Violation” to a coal mine operator when performance standards or permit conditions are 

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

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

period.
Page 39 

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

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

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

Data Source: OSMRE Inspection & Enforcement Tracking (INE) System. 
Page 40 

Table 9: Regulatory Program Statistics for FY 2019 State/Tribe Regulatory Staffing1 New Permits New Acreage Permitted2

Total Acreage 

Permitted

Inspectable Units

Complete Inspections

Partial Inspections

Notices of Violation

Failure-To-Abate 

CO’ s

Imminent Harm CO’ s

Bond Forfeitures

Acreage of Phase I 

Bond Released

Acreage of Phase II 

Bond Released

Acreage of Phase III 

Bond Released

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Ohio 21 0 0 49,167 164 657 1,354 17 1 0 0 426 198 1,878 
Page 41 

State/Tribe

Regulatory Staffing1

New Permits

New Acreage 

Permitted2

Total Acreage 

Permitted

Inspectable Units

Complete Inspections

Partial Inspections

Notices of Violation

Failure-To-Abate 

CO’ s

Imminent Harm CO’ s

Bond Forfeitures

Acreage of Phase I 

Bond Released

Acreage of Phase II 

Bond Released

Acreage of Phase III 

Bond Released

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

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

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

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

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

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

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

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

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

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

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

1 Staffing rounded to nearest whole number.

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

State statistics based on 2019 State Program evaluation year (July 1, 2018 to June 30, 2019); Federal statistics, for Federal Program States and Indian Tribes, based on 2019 

Federal fiscal year (October 1, 2018 to September 30, 2019). 

Data Source: 2019 Data for States and Tribes (DST) .
Page 42 

Table 10: Watershed Assistance - OSMRE/VISTAs and Interns FY 2019

State Year-Long Positions 

(OSMRE/VISTA)

Year-Long Positions 

(OSMRE/AmeriCorps)

Short-Term 

Positions (Interns)

Short-Term Positions 

(OSMRE/VISTA)

Alabama

Alaska

Arizona

California

Colorado 6

D.C. 1

Florida

Georgia

Illinois

Indiana

Iowa

Kentucky

Maryland

Missouri

Montana

New Mexico 2

New York

North Carolina

Ohio

Oklahoma 1

Oregon 1

Pennsylvania 2

South Carolina

Tennessee 4

Texas

Virginia 2

West Virginia

Wyoming

TOTALS 15 1 3 0
Page 43 

Table 11: NTTP Courses and Enrollment FY 2019 

Course Name Students

Coalfield Communications (CCOM‐92) 24

Underground Mining Technology (UMT‐91) 12

Forensic Hydrologic Investigations (FHI‐92) 14

Passive Treatment (PAS‐91) 17

Subsidence (SUB‐91) 18

Blasting and Inspection (BLI‐92) 11

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

Enforcement Procedures (ENF‐91) 11

Erosion and Sediment Control (ERS‐91) 20

NEPA Procedures (NEPA‐91) 13

AML Realty (AMLR‐91) 12

Introduction to SMCRA Inspections (SMCRA‐91) 12

AML Reclamation Projects (AREC‐91) 14

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

Erosion and Sediment Control (ERS‐92) 32

Excess Spoil Handling and Disposal (ESHD‐91) 17

Bonding: Cost Estimation (BNC‐91) 25

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

Surface and Groundwater Hydrology (SGW‐91) 25

Passive Treatment (PAS‐92) 25

Mine Gas Safety and Investigations (MGSI‐91) 10

Coalfield Communications (CCOM‐91) 11

Soils and Re‐vegetation (SOI‐91) 20

Surface and Groundwater Hydrology (SGW‐92) 15

Instructor Training Course (ITC‐91) 17

AML Design Workshop: Fires (AMLF‐91) 12

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

Applied Engineering Principles (AENG‐91) 13

AML Design Workshop: Subsidence (AMLS‐91) 14

NEPA Procedures (NEPA‐92) 24

Historical and Archaeological Resources (HAR‐91) 18

Enforcement Procedures (ENF‐92) 23

Applied Engineering Principles (AENG‐92) 16

Evidence Preparation and Testimony (EVI‐91) 0

Soils and Re‐vegetation (SOI‐92) 12

Geology and Geochemistry of AFM (GGCA‐91) 13

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

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

TOTAL 609 

Data Source: National Technical Training Program (NTTP).
Page 44 

Table 12: Significant Court Decisions FY 2019 

Case Name Citation Summary of Decision 

Powder River Basin 

Res. Council v. 

Jewell

358 F. Supp. 

3d 1238 (D. 

Wyo. 2018)

Petitioners Powder River Basin Resource Council and Western Organization of Resource 

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

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

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

to the Mineral Leasing Act of 1920 (MLA), as amended, 30 U.S.C. § 207(c). Among other 

things, petitioners alleged that, in approving the mining plan modification, the Department 

violated the MLA and the Surface Mining Control and Reclamation Act of 1977 (SMCRA) 

by failing to ensure that operations will adhere to SMCRA performance standards for 

contemporaneous reclamation. On December 6, 2018, the court ruled in the government’s 

favor on all claims. Regarding a public participation claim, the court ruled that 30 C.F.R. § 

746.13 only requires consideration of existing public comment provided at the coal leasing 

and State SMCRA permitting stages. Next, the court rejected petitioners’ argument that 

SMCRA’s contemporaneous reclamation requirements may only be measured by final bond 

release. Finally, the court found that there was ample evidence in the administrative record to 

show that the State permitting authority and the Department adequately considered SMCRA 

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

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

not appeal. 

M.L. Johnson 

Family Props., LLC 

v. Bernhardt 

(Johnson Family II)

924 F.3d 842 

(6th Cir. 2019)

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

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

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

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

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

administrative law judge’s (ALJ) decision that upheld OSMRE’s decision to terminate a 

cessation order that prohibited surface mining based upon the conclusion that an amended 

permit that the Kentucky Energy and Environment Cabinet (Kentucky) issued to Premier 

Elkhorn Coal LLC complied with Federal law. On May 15, 2019, the appellate court issued a 

decision affirming the District Court. First, the appellate court found that Johnson Family 

“exhausted its administrative remedies to the extent required by SMCRA.” Next, the court 

agreed with OSMRE that 30 U.S.C. §1260(b)(6)(C) allowed Kentucky to rely on any State 

law, including the law of cotenancy, when making its permitting decision. The court held 

that “when a conveyance does not expressly grant the right to surface mine, the regulatory 

authority may rely on any state law to determine whether the documents describing the 

surface-subsurface legal relationship of the severed estate grant such a right.” In this regard, 

the court found that the ALJ’s application of cotenancy law was not arbitrary, capricious, or 

contrary to law. The court also found that neither Kentucky nor OSMRE adjudicated a 

property rights dispute in contravention of 30 U.S.C. § 1260(b)(6)(C), and, if it was a 

mistake for Premier Elkhorn not to list the ongoing Johnson I litigation in its permit 

application, it was harmless error because Kentucky and OSMRE had actual knowledge of 

the case. Finally, Kentucky raised additional arguments that allegedly went to the court’s 

subject matter jurisdiction over the case; the court rejected these arguments. 
Page 45 

Case Name Citation Summary of Decision 

Diné Citizens 

Against Ruining Our 

Env’t v. Bureau of 

Indian Affairs

932 F.3d 843 

(9th Cir. 2019)

Diné Citizens Against Ruining Our Environment and other environmental groups 

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

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

operations for the Four Corners Power Plant and Navajo Mine. The coal mine and adjacent 

coal-fired power plant are located on Navajo Nation lands. The mine operates under a 

SMCRA surface mining permit issued by OSMRE. The federal agencies, led by OSMRE, 

completed an environmental impact statement (EIS) under the National Environmental 

Policy Act (NEPA) evaluating the effects of various permitting actions necessary to continue 

operations of the projects until 2041. The analysis of the projects included formal 

consultation with FWS regarding the effects of the projects on multiple endangered and 

threatened species. The complaint alleges violations of the Endangered Species Act and 

NEPA. The mine owner, Navajo Transitional Energy Company (NTEC), a corporation 

wholly owned by the Navajo Nation, intervened for the limited purpose of seeking to dismiss 

the case under Federal Rules of Civil Procedure 19 and 12(b)(7). NTEC argued that it was a 

required party but that it could not be joined in the case due to tribal sovereign immunity, 

and the lawsuit could not proceed in its absence. The district court agreed with NTEC and 

dismissed the case with prejudice. Plaintiffs appealed to the U.S. Court of Appeals for the 

Ninth Circuit. The United States did not directly join in the appeal, but it did file an amicus 

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

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

agreed with NTEC’s argument that it is a required party that must be joined if feasible 

because it has a legally protected interest in the litigation and proceeding with the lawsuit in 

NTEC’s absence would impair that interest. The court held that, under Rule 19, NTEC could 

not be feasibly joined due to tribal sovereign immunity. Further, the appellate court affirmed 

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

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

M.L. Johnson 

Family Props., LLC 

v. Bernhardt 

(Johnson Family I)

2019 WL 

3841905 (E.D. 

Ky. Aug. 14, 

2019)

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

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

court then reopened the case at the request of Johnson Family. Johnson Family sought to 

amend its complaint. The government opposed the motion to amend and filed a motion to 

dismiss. Johnson Family’s proposed amended complaint raised two claims. Count I asked for 

a declaration upholding the validity of the cessation order that OSMRE had issued to Premier 

Elkhorn, and Count II was a damages claim against Premier Elkhorn. In an August 14, 2019, 

decision, with regard to Count I, the court noted that Johnson Family failed to exhaust its 

administrative remedies because it had a pending appeal with the Department’s Interior 

Board of Land Appeals (IBLA); as such, the court refused to hear the claim until the IBLA 

appeal is complete. While the court denied Johnson Family’s motion to amend its complaint 

to add revised Count I based upon failure to exhaust administrative remedies, the court also 

noted other potential justiciability problems with the claim. The court also denied Johnson 

Family’s request to amend its complaint to add proposed Count II because Premier Elkhorn 

had petitioned for Chapter 11 bankruptcy and was protected by the bankruptcy automatic 

stay. Finally, the court granted the government’s motion to dismiss because the court found 

that there were no outstanding issues related to the four counts in the first amended 

complaint.

Data Source: U.S. Department of the Interior, Office of the Solicitor.
Page 46 

Office of Surface Mining Reclamation and Enforcement

U.S. Department of the Interior

1849 C Street, NW

Washington, DC 20240

www.osmre.gov