Regulation of Surface Coal Mining and Surface Effects of Underground Coal Mining

To assist the States in administering approved regulatory programs.

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.


Agency - Department of the Interior

The Department of the Interior protects and provides access to the Nation's natural and cultural heritage, including responsibilities to Indian tribes and island communities. Departmental goals include resource protection and usage, overseeing recreational opportunities, serving communities and excellence in management.

Office - See Catalog Appendix IV.
Website Address

http://www.osmre.gov



Program Accomplishments

Twenty-four coal producing States have approved programs and are receiving administration and enforcement grants.

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.

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

The State must have an approved program and a designated State agency to receive and administer grants.

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.

Aplication 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 Procedures

The standard application SF 424 and other 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. State 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 Procedures

Review by appropriate regional/field staff and approval by the OSM Regional/Field Office is required.

Deadlines

None.

Authorization

Surface Mining Control and Reclamation Act of 1977, Public Law 95-87, 91 Stat. 445-532.

Range of Approval/Disapproval Time

60 days.

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.

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

Progress and financial reports (OMB SF-269) as specified by the Agency are required.

Audits

In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Nonprofit Organizations," nonfederal entities that expend financial assistance of $500,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $500,000 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."

Financial Information

Account Identification

14-1801-0-1-302; 14-1802-0-1-302.

Obigations

Administration and Enforcement Grants: FY 07 $56,365,000; FY 08 est $60,559, 000; and FY 09 est $70,323,518.

Range and Average of Financial Assistance

$30,430 to $12,417,655; $2,087,605.

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."

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., N.W., Washington, DC 20240. Contact: Chief, Division of Reclamation Support. Telephone: (202) 208-2788.

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.



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