The Office of Surface Mining Reclamation and Enforcement (OSM), is approving, in part, two amendments to the Ohio regulatory program (the Ohio program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). As proposed by Ohio, the amendment involves statutory and regulatory changes to its bonding program (i.e., revising Ohio's alternative bonding system and providing the option for an applicant to post full-cost performance securities) and also includes statutory and regulatory changes pertaining to other subjects, such as abandoned mine land program funding, permitting standards, valid existing rights, remining, blasting, and topsoil handling. Ohio submitted this amendment, in part, to satisfy a program condition related to bonding inadequacies. We are removing this program condition.

Dates

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The effective date is September 8, 2026.

For further information contact

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Thomas J. Koptchak, Field Office Director, Pittsburgh Field Office, Office of Surface Mining Reclamation and Enforcement, 3 Parkway Center, Pittsburgh, PA 15220; Telephone: (412) 937-2827; Fax: (412) 937-2177; Email: [email protected].

Supplementary information

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I. Background on the Ohio Program II. Submission of the Amendment III. OSM's Findings IV. Summary and Disposition of Comments V. OSM's Decision VI. Statutory and Executive Order Reviews

A. General

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Section 503(a) of SMCRA permits a State to assume primacy for the regulation of surface coal mining and reclamation operations on non- Federal and non-Indian lands within its borders by demonstrating that its approved State program includes, among other things, State laws and regulations that govern surface coal mining and reclamation operations in accordance with the Act and that are consistent with the Federal regulations. See 30 U.S.C. 1253(a)(1) and (7). Based on these criteria, the Secretary of the Interior conditionally approved the Ohio program effective August 16, 1982. You can find background information on the Ohio program, including the Secretary's findings, the disposition of comments, and the conditions of approval of the Ohio program in the August 10, 1982 Federal Register (47 FR 34688). You can also find later actions concerning Ohio's regulatory program and program amendments at 30 CFR 935.11, 935.12, 935.15, and 935.16.

B. Ohio Bonding Program

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We announced conditional approval of Ohio's bonding provisions (bonding program) in the August 10, 1982, Federal Register (47 FR 34688) (Finding 18). In lieu of approving a bonding program requiring permittees to submit permit-specific performance bonds covering the full cost of reclamation for coal mining operations, we approved Ohio's request to employ an alternative bonding system (ABS), as provided by section 509(c) of SMCRA and 30 CFR 800.11(e). According to section 800.11(e), an ABS may be authorized if the following two conditions are met: (1) it would assure that sufficient money is available for the regulatory authority to complete the reclamation plan for any areas that may be in default at any time; and (2) it would provide a substantial economic incentive for the permittee to comply with all reclamation provisions. Ohio's ABS involves a flat-rate, per-acre performance bond in addition to monies deposited into a bond pool (Reclamation Forfeiture Fund), which is funded primarily by a cash severance tax collected from the permittees who elect to participate in the program. Permittees participating in the bond pool are required to post a flat rate performance bond of $2,500/acre for surface mining reclamation. We conditionally approved the bonding provisions but required changes to be made to Ohio's regulatory program, as codified at 30 CFR 935.11(h)(1), Conditions of State regulatory program approval.

C. OSM's Conditional Approval of Ohio's Bonding Program

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The program condition that can be found at 30 CFR 935.11(h)(1) required Ohio to submit a program amendment that demonstrates how the ABS will ensure timely reclamation at mining sites for which a bond has been forfeited. On May 4, 2005, in accordance with 30 CFR 733.12(b), we sent Ohio's Department of Natural Resources (ODNR) a letter (referred to as a 733 letter) (Administrative Record No. OH-2185-00) referencing the program condition. The 733 letter required Ohio to submit the program amendment required by 30 CFR 935.11(h)(1) or potentially have the Secretary withdraw approval of the State program in whole or in part.