The Surface Mining Control And Reclamation Act

SMCRA contains five principal regulatory provisions that form the basis for its implementation: Performance Standards Performance standard safe intended to ensure that all surface mining is conducted in a way that protects the environment and the public and ensures that the mined land is restored to productive use following mining. Permits Before developing a surface or underground coal mine, an operator must have a permit issued under SMCRA. An application for a permit to conduct a surface coal mining operation is a detailed document that consists of text and numeric data describing the proposed mining and reclamation. Information must be furnished on pre-mining environmental conditions, existing land use, proposed mining and reclamation, how the performance standards will be met, and the post-mining land use. This provides the regulatory authority with the information necessary to determine that the operation can be conducted in accordance with the regulations. Performance Bonds Before a permit can be granted, an operator must post a performance bond sufficient to cover the cost of reclaiming the site in the event the operator fails to complete reclamation. The bond is not fully released until all performance standards have been met and reclamation of the site has been determined to be successful after five years in the East and Midwest, and after 10 years in the arid West. However, the bond can be partially released as various phases of reclamation are completed. Inspection and Enforcement If a violation of SMCRA or of a state surface mining and reclamation law is observed, an inspector issues a notice of violation to the operator. The violation must be corrected within a specific time, and the operator may also have to pay a fine based on the severity of the violation. If the violation is not corrected, acessation order is issued to immediately stop active coal mining, and the operator must pay a fine. If a violation is especially serious (for example, creates an Following reclamation, the land was immediately put back into agricultural production. Today, grain and corn crop yields have continually exceeded targets. 2 imminent danger to public health or safety or causes significant damage to land, air, or water resources) the inspector immediately issues a cessation order. An operator must correct all violations in order to obtain permits for new mines. Lands Unsuitable For Mining Congress recognized that certain coal deposits cannot be mined without permanent damage to unique cultural or natural resources. As a result, SMCRA protects these resources in two ways: It prohibits mining within the boundaries of national parks, forests, wildlife refuges, trails, wild and scenic rivers, wilderness and recreation areas; in areas which will adversely affect sites listed on the National Register of Historic Places; and within a restricted distance of occupied dwellings, public roads, buildings, parks, schools, churches, and cemeteries; and Provides a process that allows anyone whose interests may be adversely affected by proposed mining to petition to have specific lands designated unsuitable for mining.