The Implementation Of The Federal Surface Mining Control And Reclamation Act Of 1977 A State Perspective

The implementation of the Surface Mining Control and Reclamation Act of 1977 (SMCRA) has evolved into one of the most complex environmental protection programs to come out of the late 1970's. The level of detail in the statute and the regulations have resulted in a rigid and complex set of requirements for the administration, permit-ting, inspection and enforcement of the program. In addition, the constant change of the federal program caused by regulatory changes, reorganization of the Office of Sur-face Mining Reclamation and Enforcement (OSMRE), ongoing litigation involving OSMRE, and the use of the budget to establish additional mandates on OSMRE and the State Regulatory Authorities have resulted in an unstable program. The instability of the program makes it extremely difficult for the States to implement their programs and to achieve the goals of SMCRA.