Regulation of Surface Coal Mining and Surface Effects of Underground Coal Mining (15.250)
Program
15.250 Regulation of Surface Coal Mining and Surface Effects of Underground Coal Mining
Federal Agency
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR
Authorization
Surface Mining Control and Reclamation Act of 1977, Public Law 95-87, 91 Stat. 445-532.
Program Number
15.250
Last Known Status
Active
Objectives
To protect society and the environment from the adverse effects of surface coal mining operations consistent with assuring the coal supply essential to the Nation's energy requirements.
Types of Assistance
Project Grants; Direct Payments for Specified Use.
Uses and Use Restrictions
Grants for permanent program development are available to fund staff and related costs in connection with preparing State legislative proposals; preparing State regulations; preparing permanent program applications to the Office of Surface Mining Reclamation and Enforcement (OSM); and for other related purposes. Administration and enforcement grants are awarded to assist States that have received approval of permanent regulatory programs. Small Operator Assistance Program (SOAP) Operational grants are awarded to States or eligible individuals for contracting with qualified laboratories to provide hydrologic and geologic data on behalf of eligible small coal operators. Funded cooperative agreements provide for State regulation of coal mining activities on Federal lands. Technical assistance is available on any aspect of regulating surface impacts of coal mining.
Eligibility Requirements
Applicant Eligibility
State governor and small coal mine operators (SOAP grants only).
Beneficiary Eligibility
State agencies responsible for regulation, reclamation and enforcement of provisions protecting the environment from negative effects of coal mining operations. Coal mining operators with annual production of less than 300,000 tons total at all mining locations may apply to State or Federal regulatory authorities for assistance in meeting certain technical permit application requirements.
Credentials/Documentation
The Governor of a State designates an agency to act as recipient of the grant or funded cooperative agreement.
Application and Award Process
Preapplication Coordination
No preapplication is required. This program is eligible for coverage under E.O. 12372, "Intergovernmental Review of Federal Programs." An applicant should consult the office or official designated as the single point of contact in his or her State for more information on the process the State requires to be followed in applying for assistance, if the State has selected the program for review.
Application Procedure
The standard application forms furnished by the Federal agency and required by 43 CFR Part 12, Subpart C, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," must be used for this program. State Regulatory grant applicants are required to submit applications to their appropriate Regional/OSM Field Office. Small operators are required to submit assistance applications to the applicable State agency or to OSM for Federal program States. Both State and small operator applications must meet specific criteria described in the Federal Register, 30 CFR Part 725, 735 and 795. Copies of the regulations and application forms are available from the appropriate OSM Regional/Field Office.
Award Procedure
Review by appropriate regional/field staff and approval by the OSM Regional/Field Office is required.
Deadlines
None.
Range of Approval/Disapproval Time
Appeals
Not applicable.
Renewals
Annual applications required for grants.
Assistance Considerations
Formula and Matching Requirements
Permanent program development grants and administration and enforcement grants are limited to 80 percent of costs in the first year, 60 percent in the second, and 50 percent thereafter. Operational grants for the SOAP and cooperative agreements are funded at 100 percent of authorized costs.
Length and Time Phasing of Assistance
All administration and enforcement grants are for a one year period and are annually renewable. SOAP operational grants have a 3-year performance period and are annually renewable.
Post Assistance Requirements
Reports
Semiannual reports as specified by the agency are required.
Audits
In accordance with the provisions of OMB Circular No. A-133 (Revised, June 24, 1997), "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that expend financial assistance of $300,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $300,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133.
Records
Records will be maintained in accordance with the provisions of 43 CFR Part 12, Subpart C, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments."
Program Accomplishments
Twenty-four coal producing States have approved programs and are receiving administration and enforcement grants.
Financial Information
Account Identification
14-1801-0-1-302; 14-1802-0-1-302.
Obligations
Administration and Enforcement grants: FY 02 $56,575,000; FY 03 est $57,201,000; and FY 04 est $57,575,000. Small Operator Assistance operational grants: FY 02 $1,500,000; FY 03 est $1,500,000; and FY 04 est $1,500,000.
Range and Average of Financial Assistance
$2,500 to $500,000; $125,000.
Regulations, Guidelines and Literature
Federal Register, Volume 42, No. 62706, Tuesday, December 13, 1977 and Volume 47, No. 169, Tuesday, August 31, 1982, Volume 48, No. 12, Tuesday, January 18, 1983; and informal agency guidelines titled "Federal Assistance Manual."
Related Programs
15.252, Abandoned Mine Land Reclamation (AMLR) Program; 15.253, Not-for-Profit AMD Reclamation.
Information Contacts
Regional or Local Office
See Catalog Appendix IV.
Headquarters Office
Office of Surface Mining Reclamation and Enforcement, Department of the Interior, 1951 Constitution Ave., NW., Washington, DC 20240. Contact: Chief, Division of Regulatory Support. Telephone: (202) 208-2651. Use the same number for FTS.
Web Site Address
Examples of Funded Projects
Governor-designated State agencies in coal producing States receive annual grants to assist in administering and enforcing the States' approved regulatory programs as provided by the Surface Mining Control and Reclamation Act of 1977.
Criteria for Selecting Proposals
Designated agencies that choose to comply with the Surface Mining Reclamation and Enforcement Provisions, Parts 725, 735, and 795 (Federal Register, Vol. 423, No. 239, Tuesday, December 13, 1977, Vol. 47, No. 169, August 31, 1982 and Vol. 48, No. 12, January 18, 1983), are eligible for awards. Criteria for amounts awarded are the State's need relative to other eligible States.
