THE NEED FOR FEDERAL OVERSIGHT OF ALTERNATIVE BOND SYSTEMS UNDER SMCRA

Ann E. Beier and James M. McElfish

Review of Policy Research, 1989, vol. 9, issue 1, 132-142

Abstract: The 1977 Surface Mining Control and Reclamation Act (SMCRA) requires mine operators to post reclamation bonds before mining begins. The Federal Office of Surface Mining Reclamation and Enforcement (OSMRE) has approved alternative bond systems in seven states. These systems, rather than requiring bond amounts at the full cost of reclamation, require operators t o submit only a flat rate, acreage specific bond. Additional reclamation costs should be covered by a supplemental fund composed generally of permit fees, taxes, or penalties. In many cases, alternative bond systems fail to ensure that funds will be available to reclaim coal mined land in the event of operator default, as required by SMCRA. OSMRE needs to take a more active role in oversight of existing state alternative bond systems to ensure that reclamation occurs.

Date: 1989
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