Regulatory Program Grants
The coal regulatory program is authorized by Title V of the Surface Mining Law. A state may choose to take over the regulation of surface coal mining operations ("primacy"). If it does the state must develop a plan for the program, which must be approved by the Secretary of the Interior. Functions of a state coal regulatory program include permitting, inspection of mine sites, enforcement of mining laws and regulations, and bond release after mining and reclamation is complete.
Abandoned Mine Land (AML) Grants
The Abandoned Mine Land program is authorized in Title IV of the Surface Mining Law. States with an approved program, or specific Indian tribes, are eligible for Abandoned Mine Land grants. The funds come from fees paid by active coal mine operators on each ton of coal mined.
Distribution of Funds
Regulatory Grant Funds
Abandoned Mine Land Grant Funds
Federal Assistance Manual (FAM)
The Office of Surface Mining Reclamation and Enforcement uses the Federal Assistance Manual to show how OSMRE and its grantees manage Federal grants.
Disclaimer regarding the Davis Bacon Act in FAM (2-230-60):
This section is currently under review by the Department of the Interior, Office of the Solicitor.
Please use the following text from the February 9, 2011 version of the Federal Assistance Manual for guidance on Davis Bacon
[Click on arrow to view text]:
2-230-60 Do the Davis-Bacon Act and Contract Work Hours and Safety Standards Act apply to contracts supported with OSMRE funds?
- A. SMCRA does not include a prevailing wage provision or require you to comply with the Davis-Bacon Act (40 USC 276a). Since there is no direct relationship between OSMRE and the contractor, we consider your contracts exempt from Davis-Bacon requirements. However, state law or administrative procedures, or other federal laws if you have other federal funds in your project, may require you to include a provision for compliance with the Davis-Bacon Act in your contracts.
- B. The Davis-Bacon Act applies when OSMRE deals directly with a private contractor. We will include Davis-Bacon provisions when we award contracts directly for federal regulatory or reclamation programs.
- C. SMCRA does not require you to comply with the Contract Work Hours and Safety Standards Act (40 USC 327-330). However, state law or administrative procedures may require you to include these provisions in your contracts.
Performance and Financial Reporting Guidance
- OSMRE SF-425 Guide
- SF-425 Instructions
- SF-425 Form
- Directive AML-22
- Directive Reg-8
- Federal Assistance Manual (FAM)
- Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards 2 CFR 200
Consistent with the Consolidated Appropriations Act, 2020 (Public Law 116-94), OSMRE has made funding available for projects in the Fiscal Year (FY) 2020 Abandoned Mine Land Reclamation Economic Development Pilot Program (AML Pilot). This AML Pilot program will provide grants to the six Appalachian states with the highest amount of unfunded Priority 1 and Priority 2 Abandoned Mine Land (AML) sites based on OSMRE AML inventory data as of September 30, 2019 and the three tribes with Abandoned Mine Land Programs. The following states will each receive $25 million - Kentucky, Pennsylvania, and West Virginia; Alabama, Ohio, and Virginia will each receive $10 million; while the Navajo Nation, Hopi Tribe, and Crow Tribe will each receive $3.33 million in order to accelerate the remediation of AML sites with economic and community development end uses. The intent of the Pilot program is to explore and implement strategies to return legacy coal sites to productive uses.
View the FY 2020 Guidance for Project Eligibility Under the Abandoned Mine Land Reclamation Economic Development Pilot Program document. This document also includes information regarding real property and reporting requirements for all AML Pilot projects.