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FEDERAL LANDS PROGRAM
The Federal Lands Program is for regulation of coal mining and reclamation
operations on Federal lands pursuant to the Surface Mining Control and
Reclamation Act of 1977 (SMCRA) and the Mineral Leasing Act of 1920 (MLA).
SMCRA defines Federal lands to mean any land, including mineral interests,
owned by the United States without regard to how the United States acquired
ownership of the land and without regard to the agency having responsibility
for management thereof. Indian lands are not Federal lands.
In the West, OSMRE has delegated the administration of SMCRA on Federal lands
to regulatory agencies in the States of Colorado, Montana, North Dakota, New
Mexico, Utah, and Wyoming. This delegated authority is pursuant to Section
523(c) of SMCRA and State-Federal Cooperative Agreements between the
Secretary of the Interior and the Governor of the respective State. These
State-Federal Cooperative agreements are found at
30 CFR Parts 906, 926, 934, 931, 944, and 950
, for the respective States. The cooperative agreements provide that the States perform all
permitting activities, as well as day-to-day inspections and enforcement on
those mines.
The following activities required by the Mineral Leasing Act of 1920, as
amended, SMCRA and regulations at
30 CFR
are carried out by OSMRE under the Federal Lands Program:
- prepare a mining plan decision (MP) document for approval by the
Assistant Secretary, Land and Minerals Management when new coal mining
operations or expansion of existing coal mining operations on Federal lands
is proposed (
30 CFR 740.4(b)(1)
and
746.13
).
- prepare a document to assure compliance with the National Environmental
Policy Act (NEPA) for the MP document (
30 CFR 740.4(c)(7)
and
746.13
).
- consult with and obtains the concurrence, as necessary, of the Federal
land management agencies such as the Bureau of Land Management (BLM), US
Department of Agriculture Forest Service (FS), the National Park Service
(NPS)), with respect to post-mining land use to any special requirements
necessary to protect non-coal resources of the areas affected by coal mining
and reclamation operations, for inclusion in the MP document (
30 CFR 740.4 (c)(2)).
- consult with and obtains the concurrence, as necessary, of BLM with
respect to requirements for development, production and recovery of mineral
resources on lands affected by coal mining and reclamation operations
involving leased Federal coal pursuant to 43 CFR Group 3400 for inclusion in
the MP document (
30 CFR 740.4 (c)(3)
).
- consult with and obtains the concurrence, as necessary, of other Federal
agencies responsible for administering other environmental protection laws
(Fish and Wildlife Service), and State Historic Preservation Office (SHPO)
for inclusion in the MP document.
- support BLM in pre-leasing actions such as tract designations, and the
preparation of environmental impact assessments(EISs) and environmental
assessments (EAs) for areas involving Federal coal resources.
- implement and recommends to the Secretary of the Interior amendments to
the State-Federal Cooperative Agreements, when necessary (
30 CFR 745.11(f)
).
- prepare documentation for determination of valid existing rights for
coal mining and reclamation operations on Federal lands within the
boundaries of units of National Park System, the National Wildlife Refuge
Systems, the National System of Trails, the National Wilderness Preservation
System, the Wild and Scenic Rivers System, and National Forests (
30 CFR 740.4 (a)(4)).
Further information and assistance regarding the Federal Lands Program may
be obtained by writing to the Program Support Division at the OSMRE WR and by
accessing Directive REG-31: Preparation of Mining Plan Decision Documents,
and Directive REG-22: Developing and Processing State-Federal Cooperative
Agreements for State Regulation on Federal Lands. (See
http://www.osmre.gov
for directives.)
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Web Page:
DATE POSTED January 19, 2007
DATE LAST MODIFIED: March 01, 2007
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