Permitting Process For Coal Mining - Federal And State

With the environmental movement beginning in the late 1960's came a deluge of permit requirements for the mining industry. Coal mining has been one of, if not the most, severely impacted of the mineral industries as a result of the passage of the Federal Surface Mining Control and Reclamation Act of 1977. Numerous provisions of this Act and numerous regulations developed under authority of the Act are being challenged in differing levels of the judicial system across the United States. Such court cases have had varied success. Numerous other regulatory programs that are not quite as dramatic as the SMCRA have presented an unending regulatory problem for mining operators. My comments in this presentation relate primarily to the major Federal and State agencies and their legal responsibilities which we in the coal mining industry must address in order to receive authority to construct and operate surface coal mines in the State of Wyoming. A list of the Federal and State agencies one could deal with in an application is as follows: 1. Bureau of Land Management (BLM). BLM is responsible for deciding where and when to lease federally owned coal and for establishing terms and conditions for leases. BLM also has some control over surface reclamation on federal land, i.e. regrading to eliminate highwalls, covering of spoils, maximum extraction of coal to limit future disturbance, contemporaneous reclamation, etc. BLM is also responsible for designation of federal lands unsuitable for all or certain types of surface coal mining operations. 2. Geological Survey (USGS). USGS coal mining responsibilities apply only to Federal and Indian lands and concern compliance with production requirements including diligent development, minimum production levels, royalty payments and resource protection, and