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Surface Mining Control and Reclamation Act of 1977 (SMCRA)
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Surface Mining Control and Reclamation Act of 1977 (SMCRA)
Penalties for Violation
The OSM sets a standard fee for each type of coal; the fee is determined by calculating 10% of the gross value of each ton of coal.
- Failing to file required reports results in a fine of up to $10,000 and imprisonment for up to one year.
- Failing to pay standard fees is a violation of permit conditions and could result in the permit being revoked.
- The Secretary also has emergency powers for Fund expenditures and access to land for the emergency restoration, reclamation, abatement, control or prevention of adverse effects of coal mining practices.
Regulation and Enforcement
The Act established the Office of Surface Mining Reclamation and Enforcement (OSM or OSMRE) in the Department of the Interior.
What the SMCRA does
- Regulates active mines
- Reclaims lands damaged by surface mining and abandoned mines
- Provides resources for technical assistance, training, and technology development
Requires Permits:
- pre-mining environmental conditions and land use
- what the proposed mining and reclamation will be
- how the mine will meet the SMCRA performance standards
- how the land will be used after reclamation is complete.
Requires Bonds:
- must cover the cost of reclaiming the site
- this is in case the company goes out of business or fails to clean the land
Restricts Mining Land:
- prohibits mining in National Parks and in the wilderness
- allows citizens to challenge proposed mining operations
SMCRA
The Surface Mining Control and Reclamation Act was drafted in 1977 and became the primary federal law for regulating coal mines when it was passed by Jimmy Carter. It was amended in 1988, 1990, 2006, and 2012.
Negative Effects of Coal Mining
Destroys the utility of land for commercial, industrial, residential, recreational, agricultural and forestry purposes.
- Eliminates existing vegetation
- Destroys the genetic soil profile
- Displaces or destroys wildlife and habitat
- Degrades air quality
- To some extent permanently changes the general topography of the area mined