| Abstract: | SMCRA, which established detailed standards for the surfacemining of coal, attempted to balance the need to increase coalproduction with safeguarding the environment. The act was basedon the principle of cooperative federalism. The states wereoffered both positive and negative inducements to assume importantroles in the design and implementation of regulatory programsconsistent with the SMCRA. Oklahomas Department of Mines (DOM)carried out the provisions of the act so poorly that the federalOffice of Surface Mining (OSM) was compelled to take over SMCRAinspection and enforcement. Other provisions of the act wereadministered by DOM, which found itself in a condition of "cohabitation"with OSM from 1984–1987. During that time, DOM becamea stronger, technologically sophisticated agency; OSM gaineda greater appreciation of the difficulties of implementing astate program; the mining industry became reconciled to reclamationcontemporaneous with mining; and there was an increase in citizenparticipation. The return of primacy to Oklahoma may usher ina new federal relationship in surface mining regulation, withmore power shifting to the states as budget pressures reducefunds and the number of employees in OSM. |
