Surface Mining Control and Reclamation Act (SMCRA)

The Surface Mining Control and Reclamation Act of 1977 (SMCRA) is the US federal statute that sets environmental rules for surface coal mining and pays to reclaim coal mines abandoned before it passed. If you are a mining researcher, environmental compliance officer or land-use professional, this page separates its two programs, names who enforces each, and walks the permit-to-reclamation sequence the statute lays out. It regulates coal; other minerals come into the Act only through data and study provisions.

Statutory and agency facts below are as described on the Office of Surface Mining Reclamation and Enforcement (OSMRE) pages and in 30 U.S.C. chapter 25 (Cornell Legal Information Institute text), read on 2026-11-08. This is a general explainer, not legal advice.

What it is and who runs it

SMCRA was signed by President Carter on August 3, 1977. It created OSMRE inside the US Department of the Interior, and OSMRE describes it as the first federal environmental statute to regulate a specific industry. The Act has two programs:

The Abandoned Mine Land (AML) program reclaims mines abandoned before August 3, 1977, and is paid for by per-ton fees on coal production.
The regulatory program governs coal mining operations that began after the Act, so that mining is conducted in an environmentally responsible manner and land is reclaimed during and after mining.

In the regulatory program, an approved state or tribal program is the primary regulator, handling permitting, inspection and enforcement, with OSMRE providing oversight. According to OSMRE, 24 states have primacy and no tribes do. OSMRE regulates directly on Indian lands, holds cooperative agreements with 14 states for federal lands, and runs federal programs in 12 states (Tennessee is the only one of those with active coal mining). The requirements state programs must meet are in 30 CFR Chapter VII.

Eligibility and scope: who the Act applies to

The Act’s purposes in 30 U.S.C. 1202 show its scope. They include establishing a nationwide program to protect society and the environment from the effects of surface coal mining, protecting surface owners, barring surface coal mining where reclamation is not feasible, requiring reclamation as contemporaneously as possible with mining, balancing protection of the environment and agriculture against the need for coal as an energy source, assisting states, reclaiming areas mined before 1977, providing for public participation, and supporting research and training. Section 1202(j) also authorizes the gathering of data on surface mining of minerals other than coal, which is how other minerals appear in the Act.

The regulatory program therefore applies to surface coal mining operators, while the AML program addresses historic coal sites. Operators and researchers working with non-coal minerals should look to the separate federal and state regimes for those minerals rather than assume SMCRA permits apply.

What it requires

Permit application

Under 30 U.S.C. 1257, each application for a surface coal mining and reclamation permit is accompanied by a fee set by the regulatory authority, which may not exceed the actual or anticipated cost of reviewing, administering and enforcing the permit. The application must contain, among other things, the names and addresses of the applicant, every legal owner of record of the property (surface and mineral), leaseholders, the operator if different, and the principals and officers of any business entity. It must also list owners of adjacent surface and subsurface areas, and a statement of current or previous surface coal mining permits held in the United States.

Approval findings

Under 30 U.S.C. 1260, the regulatory authority grants, requires modification of, or denies the application in a reasonable time and notifies the applicant in writing, after public notification and an opportunity for a public hearing. The applicant carries the burden of establishing that the application complies with the applicable state or federal program. Approval requires written findings, including that the application is accurate and complete, that reclamation can be accomplished under the reclamation plan, and that the probable cumulative impact of anticipated mining on the hydrologic balance has been assessed and the operation designed to prevent material damage to the hydrologic balance outside the permit area. Within ten days after a permit is granted, the authority notifies local government officials.

Performance bond

Under 30 U.S.C. 1259, after approval but before the permit is issued, the applicant files a performance bond conditional on faithful performance of the Act’s requirements and the permit. Its amount reflects the reclamation requirements and the probable difficulty of reclamation (topography, geology, hydrology, revegetation potential), must be enough to complete the reclamation plan if the regulatory authority had to do the work after forfeiture, and may not be less than $10,000 for an entire permit area. Liability continues for the duration of the operation and the period of the operator’s revegetation responsibility. The bond can be executed with a licensed corporate surety, or the operator may elect to deposit cash, negotiable US or state bonds, or negotiable certificates of deposit.

Performance standards

Under 30 U.S.C. 1265, every permit requires operations to meet the Act’s performance standards. At a minimum these include restoring land to a condition capable of supporting its prior uses or higher or better uses that pose no hazard, and backfilling, compacting where advisable, and grading to restore the approximate original contour, with highwalls, spoil piles and depressions eliminated, subject to the exceptions the section provides.

Abandoned Mine Land fees and funding

The AML program is funded by per-ton fees. OSMRE reports these rates as of October 1, 2021:

Coal type	Fee per ton (as of Oct 1, 2021)	Alternative ad valorem rate
Surface coal (non-lignite)	22.4 cents	10% of value
Underground coal	9.6 cents	10% of value
Lignite	6.4 cents	2% of value

OSMRE states that the Infrastructure Investment and Jobs Act extended the fee authority to September 30, 2034, and provided $11.293 billion in new funding for the AML fund (Public Law 117-58, 2021).

Typical sequence of phases

Read together, the statutory sections above give the order in which a surface coal operation moves through the Act, without fixed durations, which each state program sets:

Application with fee and ownership disclosures to the state regulatory authority (or OSMRE where it is the authority).
Public notification and opportunity for a public hearing.
Written decision: grant, require modification, or deny.
Performance bond filed before the permit is issued, with further bonds as new increments are opened.
Mining and reclamation under the performance standards, with inspection and enforcement by the primary regulator.
Bond liability running through the operation and the revegetation responsibility period.

Common points of confusion

Assuming it covers all mining. The regulatory program is about surface coal mining; section 1202(j) concerns data on other minerals.
Treating OSMRE as the day-to-day regulator. In states with primacy, the state program handles permitting and inspection, with OSMRE oversight.
Mixing up the two programs. AML fees pay for reclaiming pre-August 3, 1977 sites; they are not the permit and bonding system for current operations.
Quoting old fee rates. The rates above are dated October 1, 2021; fees and rates are set in the statute and change by amendment.

Amendments and related programs

Law or program	What OSMRE says it did
SMCRA (1977)	Created OSMRE, the AML program and the regulatory program
Energy Policy Act (1992)	Underground mines must replace damaged water supplies and correct subsidence, for operations after Oct 24, 1992
Public Law 109-432, Title II (2006)	Extended fee authority to 2021 at lower rates, added payments to certified states and a permanent appropriation; let tribes seek primacy
Public Law 117-58 (2021)	Extended fee authority to Sept 30, 2034 and added $11.293 billion for the AML fund

For other compliance topics see what drives hazardous waste disposal cost, the OSHA PPE standard, how to cite federal regulations, and the regulatory affairs glossary entry. The wider hub is Integrity and Compliance.

FAQ

What is the Surface Mining Control and Reclamation Act?

It is a 1977 US federal law that regulates surface coal mining and funds reclamation of coal mines abandoned before August 3, 1977. It created OSMRE within the Department of the Interior.

Who enforces SMCRA?

Mostly state programs. Per OSMRE, 24 states have primacy and act as primary regulator for permitting, inspection and enforcement, while OSMRE provides oversight and regulates directly on Indian lands.

Does SMCRA apply to metal or non-coal mining?

The regulatory program is for surface coal mining. Section 1202(j) only provides for gathering data on surface mining of other minerals.

How is the Abandoned Mine Land program paid for?

Through per-ton fees on coal production, with fee authority extended to September 30, 2034 by Public Law 117-58, which also added $11.293 billion in funding, according to OSMRE.

What is the minimum performance bond?

Section 1259 says the bond for the entire area under one permit may not be less than $10,000, and must be enough to complete reclamation if the regulator had to do it.