Summary: In response to a congressional request, GAO reviewed issues involving the regulation of surface coal mining on Indian lands, specifically the success of cooperative agreements between the Department of the Interior's Office of Surface Mining Reclamation and Enforcement (OSMRE) and the Navajo, Crow, and Hopi tribes, in advancing tribal regulatory proficiency.
GAO found that OSMRE: (1) successfully monitors the tribes' progress in completing the cooperative agreements' tasks; and (2) has not comprehensively assessed whether the tribes' regulatory proficiency is such that the tribes could assume primary responsibility for regulating coal mining and reclamation activities on their lands. The tasks that the tribes must perform include: (1) developing and maintaining a general administration system to manage the regulatory and reclamation program activities; (2) assisting OSMRE in mine plan reviews, inspection and enforcement activities, and performance bond release reviews; (3) participating in technical and administrative training courses; (4) developing tribal mining laws and regulations; (5) determining the known or suspected eligible lands and waters that require reclamation; (6) developing a tribal abandoned mine land reclamation plan; and (7) writing reports to support implementation of specific reclamation projects.