Surface Mining Control and Reclamation Act (SMCRA)
The Surface Mining Control and Reclamation Act (SMCRA), enacted on August 3, 1977, is a significant piece of U.S. federal legislation that governs the regulation of surface coal mining and mandates land restoration post-mining. It was created in response to growing environmental concerns associated with coal mining practices, particularly in the wake of the 1970s energy crisis. The act established the Office of Surface Mining Reclamation and Enforcement (OSM), which plays a crucial role in conducting research and training for best practices in land reclamation.
SMCRA sets forth 114 performance standards aimed at ensuring that mining is both economically viable and environmentally responsible. Mining companies are required to submit detailed plans prior to commencing operations, outlining measures to protect soil and water, as well as strategies for restoring the land after mining activities conclude. Additionally, certain environmentally sensitive regions are designated as off-limits to mining. The act also introduced the Abandoned Mine Reclamation Fund, funded by fees from coal extraction, to facilitate the cleanup of hazardous abandoned mines.
The legislation has undergone several amendments since its inception, reflecting evolving research and economic factors impacting coal's role in U.S. energy. Overall, SMCRA represents a critical effort to balance economic interests with environmental stewardship in the coal mining industry.
On this Page
Subject Terms
Surface Mining Control and Reclamation Act (SMCRA)
THE LAW: U.S. federal legislation concerning regulation of the surface mining of coal and responsibility for the restoration of land after surface mining
DATE: Enacted on August 3, 1977
The Surface Mining Control and Reclamation Act has been responsible for significant improvements in the environmental sustainability of coal mining in the United States and in the cleanup of pollution from abandoned mines. The Office of Surface Mining Reclamation and Enforcement, created by the act, conducts research and provides training in best practices for restoring land degraded by mining.
As the United States economy grew rapidly after World War II, the need for energy grew equally rapidly; one consequence of this rapid expansion was the mining of as quickly and as cheaply as possible, with little regard for the environment. Surface mining, or the mining of coal near the surface of the earth by removing the rock and soil on top of it, became increasingly common, and states desperate for mining jobs competed with one another to offer the least restrictive regulations on mining operations.
As concerns about the began to grow during the 1970’s, the U.S. Congress attempted to set federal regulations on surface mining, passing legislation in 1974 and 1975; President Gerald Ford vetoed both bills, however. The country was still reeling from the oil embargo imposed by the Organization of Petroleum Exporting Countries (OPEC) in 1973-1974 and the ensuing energy crisis, and Ford did not want to make things worse by restricting the supply of coal. In 1977, Ford’s successor, Jimmy Carter, signed the Surface Mining Control and Reclamation Act, over the strenuous objections of the coal industry but with the support of local advocacy groups including Save Our Cumberland Mountains.
The act created the new Office of Surface Mining Reclamation and Enforcement (OSM) in the Department of the Interior. The law began with the assumption that the technology already existed to make both economical and environmentally safe, and it established 114 performance standards for mining and described in eighty-eight pages. The new law forbade actions that were common in the past, such as the dumping of polluted soil and rock into streambeds.
Under the terms of the act, mining companies are required to submit plans in advance of beginning any new mining operations, explaining how they will prevent to soil and water and how they will restore, or reclaim, the land after mining has ceased so that it can again be available for the same uses it could support before the mining. Certain environmentally sensitive areas, including wilderness areas, may not be mined. The law also requires coal mining companies to pay fees, based on the amount of coal they remove, into the Abandoned Mine Reclamation Fund. Each U.S. state collects up to half of these fees from its own mines, and the money is used to clean up abandoned mines that present environmental hazards.
The Surface Mining Control and Reclamation Act was amended by the Energy Policy Acts of 1992, 2005, and 2021, as new research and new economic pressures changed the perceived role of coal in U.S. energy production. Among the provisions in the 2021 amendment was the extension of abandoned mine land fees and the approval of addition funding for the Abandoned Mine Reclamation Fund.
Bibliography
"Chronology of Major SMCRA-Related Events." Office of Surface Mining Reclamation and Enforcement, www.osmre.gov/laws-and-regulations/chronology-of-major-smrca-related-events. Accessed 23 July 2024.
Montrie, Chad. To Save the Land and People: A History of Opposition to Surface Coal Mining in Appalachia. Chapel Hill: University of North Carolina Press, 2003.
Otto, James M. “Global Trends in Mine Reclamation and Closure Regulation.” In Mining, Society, and a Sustainable World, edited by J. P. Richards. New York: Springer, 2009.
Rowe, James F. Coal Surface Mining: Impacts of Reclamation. Boulder, Colo.: Westview Press, 1979.