On July 16, 2015, the Office of Surface Mining Reclamation and Enforcement (OSM) of the Department of the Interior proposed a Stream Protection Rule. It would revise regulations that implement Title V of the Surface Mining Control and Reclamation Act (SMCRA), the law that governs the permitting of coal mining operations. Portions of the existing rules were promulgated more than 30 years ago. OSM asserts that updated rules, which have been under development for more than five years, are needed to reflect current science, technology, and modern mining practices. The proposed revisions were based on several needs for federal regulatory action identified by OSM. A need for regulatory changes to improve implementation of SMCRA provisions related to stream protection. A need for adequate data to evaluate the impacts of coal mining operations and ensure implementation of SMCRA's requirements. A need for adequate objective standards to effectively evaluate compliance and limit or prevent adverse impacts, as appropriate. A need to apply current information, technology, and methods to incorporate advances in scientific knowledge that have occurred since the SMCRA regulations were adopted. To stakeholders, the proposed rule raised a number of issues, including whether new federal rules are needed and, in particular, whether OSM's proposed approach will improve and strengthen implementation of the law. The rule has been controversial since OSM began developing it in 2009. Critics in the coal mining industry and some Members of Congress have argued that revisions of existing rules are not needed and will impose costs that will greatly affect the viability of the coal mining industry in the United States. The new rules are part of a "war on coal" by the Obama Administration, some say. At the same time, some environmental advocacy groups that have generally supported OSM's efforts to strengthen regulation of coal mining operations now contended that the proposed rule was not strong enough. Thus, a related issue is whether an alternative regulatory approach with greater benefits but also increased costs would better achieve SMCRA's purposes. This report is intended to assist consideration of issues raised by the Stream Protection Rule. The report briefly describes SMCRA and the context for the 2015 proposed rule. It discusses major elements of the 2015 proposal and OSM's estimates of its impacts (costs and benefits). The report describes reactions to the proposed rule by stakeholders and legislation and oversight in Congress. Finally, it highlights key elements of the final rule, which was released by OSM on December 19, 2016. Congress enacted SMCRA in 1977 ( P.L. 95-87 ). The statute established OSM within the Department of the Interior and charged the Secretary of the Interior with the responsibility to carry out the requirements in the act both directly and by promulgating regulations. Section 102 of the statute specifies a number of purposes, beginning with to "establish a nationwide program to protect society and the environment from the adverse effects of surface coal mining operations." Another stated purpose acknowledges that the statute reflects a need to "strike a balance between protection of the environment and agricultural productivity and the Nation's need for coal as an essential source of energy." Regarding the statute as a whole, it has been observed that "[e]xcept for the laws governing the handling and disposal of hazardous waste, the complexity of the SMCRA program is unsurpassed in environmental law." Congress identified stream protection as a fundamental purpose of SMCRA, as reflected in one of the congressional findings in the statute. [M]any surface mining operations result in disturbances of surface areas that burden and adversely affect commerce and the public welfare by destroying or diminishing the utility of land for commercial, industrial, residential, recreational, agricultural, and forestry purposes, by causing erosion and landslides, by contributing to floods, by polluting the water, by destroying fish and wildlife habitats, by impairing natural beauty, by damaging the property of citizens, by creating hazards dangerous to life and property, by degrading the quality of life in local communities, and by counteracting governmental programs and efforts to conserve soil, water, and other natural resources; Section 515 of the act details minimum performance standards for environmental protection and public health and safety, which apply to surface coal mining and reclamation operations, surface effects of underground coal mining operations, and surface coal mining in special areas or in special circumstances (such as mountaintop removal mining and steep slope mining). It generally requires that land be restored after mining to its approximate original contour (AOC), that it be revegetated, that acid mine drainage be prevented, that subsided lands be restored, that erosion be controlled, and that certain other measures be taken to reclaim affected lands and waters. Section 506 of SMCRA requires a mining operator to obtain a permit from the regulatory authority prior to the commencement of mining operations. The scope of the permit encompasses the life-cycle of the mining operations from the siting of the mining area through the extraction of coal and related activities, the management and disposal of mining wastes, and the reclamation of affected lands and waters once extraction is complete. Commencing mining operations without an approved permit issued by the regulatory authority is unlawful under SMCRA, and is subject to enforcement actions. In applying for a permit, the applicant must submit its proposal for mining operations to the regulatory authority and specify the measures that would be taken to ensure compliance with the requirements and criteria of SMCRA and the implementing regulations. Prior to the issuance of the permit by the regulatory authority, Section 509 of SMCRA also requires the applicant to obtain a performance bond to demonstrate its financial capability to fulfill permit obligations through reclamation after mining ceases. Section 503 of SMCRA provides that any state may obtain primary jurisdiction over regulating surface coal mining and reclamation operations on non-federal and non-Indian lands through submission of a program for approval by OSM. Once a state's program is approved, the state has the primary responsibility for achieving the purposes of the act. A primacy state is the sole issuer of permits, and OSM maintains a limited role in a state with an approved program. It evaluates each state's performance in carrying out its approved program, and it provides backup enforcement against violating operators in the event of default by the state. States are required to submit amendments to their programs (e.g., changes to state statutes or regulations) to OSM for determining consistency with the federal program. According to OSM, coal mining is currently occurring in 26 states. To date, all but two of those states (Tennessee and Washington) have achieved program primacy; OSM directly regulates surface coal mining and reclamation activities in those two states. At present, no Tribes have primacy. The permit is the heart of the SMCRA program, enabling regulatory authorities to determine whether mining may occur and to establish the terms for mining. The permit requirement is designed to protect the public health, safety, and the environment by conditioning permit issuance on the applicant's demonstration that mining and reclamation can be successfully accomplished. The permit requires the mine operator to plan the operation in detail to identify and avoid adverse environmental impacts and to facilitate site reclamation after mining is complete. Some have noted that it also gives the regulatory authority significant enforcement powers over the mining operation, including a basis for evaluating the feasibility of reclamation and risk, if any, to water supplies, land surfaces, public facilities, and other resources. Permits generally are issued for five-year terms. A valid permit carries the right of successive renewal, unless the regulatory authority finds that present mining and reclamation operations are not in compliance with SMCRA and its regulations, or for other reasons, such as the operator has not provided adequate performance bonding. The goal of the Clean Water Act (CWA) is to "restore and maintain the chemical, physical, and biological integrity of the Nation's waters." To do so, Section 301 prohibits the discharge of pollutants from point sources into waters of the United States unless consistent with the requirements of the act. The CWA authorizes the discharge of pollutants under two different permit programs, both of which are likely to apply to coal mining activities. Section 404 authorizes discharges of dredged or fill materials into waters of the United States, while Section 402 governs discharges of pollutants other than dredged or fill material. Permits issued under Section 402, known as NPDES permits, restrict the amount of specified pollutants that may be discharged. Section 404 permits are issued by the U.S. Army Corps of Engineers (except in New Jersey and Michigan, which are not coal mining states), while Section 402 permits are generally issued by states, including all current coal mining states. The Environmental Protection Agency (EPA) has developed technology-based wastewater effluent limitations for surface coal mining and reclamation operations, which are codified in 40 C.F.R. Part 434. These technology-based effluent limits and any more stringent water quality-based limits necessary to meet applicable state water quality requirements must be incorporated in NPDES permits. In addition, Section 401 of the CWA requires that each applicant for a federal license or permit submit a certification from the state in which the discharge originates that the discharge will comply with federal and state water quality requirements. Although both SMCRA and the CWA are concerned with environmental impacts of regulated activities, they provide for separate regulatory programs with different purposes and permitting requirements and procedures. The CWA focuses primarily on regulating discharges of pollutants into waters of the United States from coal mining and a wide range of other sources, whereas SMCRA regulates environmental and other impacts of surface coal mining and reclamation operations. The requirements of the CWA have independent force and effect, regardless of the terms of the SMCRA permit, as is recognized in Section 702(a) of SMCRA, which provides that "Nothing in this Act shall be construed as superseding, amending, modifying, or repealing the [Clean Water Act], the State laws enacted pursuant thereto, or other Federal laws relating to the preservation of water quality." Further, Section 508 of SMCRA requires that each permit application include "the steps taken to comply with applicable air and water quality laws and regulations and any applicable health and safety standards."