Surface Mining: State and Federal Use of Alternative Enforcement Techniques
RCED-87-160
Published: Aug 20, 1987. Publicly Released: Sep 09, 1987.
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Highlights
Pursuant to a congressional request, GAO reviewed state and federal use of alternative enforcement techniques under the Surface Mining Control and Reclamation Act, focusing on: (1) whether states with primacy for mining regulation have statutory authority to use, and are using, the alternative techniques; (2) whether the Office of Surface Mining Reclamation and Enforcement (OSMRE) uses such techniques in states where it has primacy; and (3) the extent to which OSMRE monitors state use of alternative techniques.
Recommendations
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| Department of the Interior | In order to improve the act's enforcement, the Secretary of the Interior should require the Director, OSMRE, to require states to develop systems necessary to ensure that alternative enforcement techniques are appropriately used. Such systems should allow for the use of regulatory judgment, but should include written policies and procedures to guide regulators' actions on such matters as when, and under what conditions, alternative techniques would be used. |
Closed – Implemented
As OSMRE establishes additional rules related to individual civil penalties, states will be required to amend their programs to meet federal standards. OSMRE made alternative enforcement a national priority review issue in its fiscal year 1988 oversight reviews of the state programs.
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Topics
Coal miningEnvironmental monitoringFines (penalties)InspectionMining industryMining legislationState-administered programsStrip mining land reclamationMiningMining