On February 16, 2017, President Donald J. Trump signed H.J. Res. 38, which disapproved the rule known as the Stream Protection Rule, published at 81 FR 93066-93445 (Dec. 20, 2016). The Congressional Review Act, 5 U.S.C. 801 et seq., states that “[a]ny rule that takes effect and later is made of no force or effect by enactment of a joint resolution under section 802 shall be treated as though such rule had never taken effect." 5 U.S.C. 801(f). Therefore, the regulations reverted to those that were in effect on January 18, 2017, which is the day before the Stream Protection Rule originally became effective. Through publication of a Federal Register notice on November 17, 2017, OSMRE is removing the text of the Stream Protection Rule from the Code of Federal Regulations and restoring the text of the regulations as they existed on January 18, 2017.

The nullification of the Stream Protection Rule, in tum, nullified both the December 16, 2016, Programmatic Biological Opinion and Conference Opinion on the Office of Surface Mining Reclamation and Enforcement's Regulatory Program as Modified by the Issuance and Implementation of the Final Regulation, which analyzed the effects of the SPR, and the related 2016 Memorandum of Understanding between OSMRE and the U.S. Fish and Wildlife Service. As a result, OSMRE will be reinitiating formal programmatic consultation with the Service, as provided for under Section 7(a)(2) of the Endangered Species Act, on OSMRE's implementation of Title V of the Surface Mining Control and Reclamation Act. The purpose of this action is to obtain a new programmatic biological opinion based upon the existing regulatory program. Until the formal Section 7 process is completed, State regulatory programs may continue to rely on the 1996 Biological Opinion and Conference Report (1996 BiOp) and the 1996 Incidental Take Statement (ITS) for the exemption of take. In addition, while the reinitiated consultation is underway, OSMRE has developed interim guidance for the state regulatory authorities to ensure that all appropriate regulations, the requirements from the 1996 BiOp, and the Terms and Conditions listed in the Incidental Take Statement associated with the 1996 BiOp are followed.

Document Library

• Associated Documents

  • Title	Date Published	Type
    Full text of the nullification rule, Federal Register	11/17/2017	link
    SMCRA ESA Coordination and Elevation Process	04/13/2017	pdf
    Full text of Public Law No: 115-5 repealing the Stream Protection Rule	02/16/2017	link
    Stream Protection Rule Fact Sheet	01/09/2017	pdf
    Full text of the final rule, Federal Register	12/20/2016	link
    Full text of the Record of Decision	12/20/2016	pdf
    Full text of the final Regulatory Impact Analysis	12/19/2016	link
    Full text of the Nullified Memorandum of Understanding (MOU)	12/16/2016	pdf
    Full text of final Environmental Impact Statement	11/16/2016	link
    Comments on the proposed rule	10/26/2015	link
    Comments on the Draft EIS (Published 10/26/2015)	10/26/2015	link
    Comments on the RIA (Published 10/26/2015)	10/26/2015	link
    SPR Extension of Comment Period	09/10/2015	link
    Full text of the proposed rule, Federal Register	10/26/2015	pdf
    Text of the Regulatory Impact Analysis (RIA) without Appendix C	07/27/2015	pdf
    Text of the Regulatory Impact Analysis (RIA), Appendix C Parts 1 and 2	07/27/2015	pdf
    Text of the Regulatory Impact Analysis (RIA), Appendix C Parts 3 and 4	07/27/2015	pdf
    Text of the Regulatory Impact Analysis (RIA), Appendix C Parts 5 and 6	07/27/2015	pdf
    Full text of the supporting Draft Environmental Impact Statement	07/27/2015	pdf
    Ruling vacating 2008 Excess Spoil, Coal Mine Waste, and Buffers for Perennial and Intermittent Streams Rule	02/20/2014	pdf
    Memorandum of Understanding among the Department of the Interior, the U.S. Environmental Protection Agency, and the U.S. Army Corps of Engineers	06/11/2009	pdf
    Full text of the final Excess Spoil, Coal Mine Waste, and Buffers for Perennial and Intermittent Streams Rule	12/12/2008	pdf
    October 7, 1996 Memorandum	10/07/1996	pdf
    September 24, 1996 Memorandum	05/24/1996	pdf
    Memorandum Attachment: Biological Opinion and Conference Report	1996	pdf

• Public Hearings: OSMRE held public hearings on the proposed rule and the DEIS at six locations throughout the nation

  • Hearings were held on following dates in 2015:
    • Tuesday, September 1 - Denver, CO
    • Thursday, September 3 - Lexington, KY
    • Thursday, September 10 - St. Louis, MO
    • Thursday, September 10 - Pittsburgh, PA
    • Tuesday, September 15 - Big Stone Gap, VA
    • Thursday, September 17 - Charleston, WV

    Title	date	Type
    Meeting Handout: Summary of Major Provisions of Proposed Rule by Functional Group	09/1-17/2015	pdf
    Meeting Handout: Comparison of Alternatives	09/1-17/2015	pdf
    Meeting Poster: Resource Impact Summary	09/1-17/2015	pdf
    Meeting Poster: Activity in or Near Streams	09/1-17/2015	pdf
    Meeting Poster: Approximate Original Contour (AOC) and Exceptions	09/1-17/2015	pdf
    Meeting Poster: Surface Configuration	09/1-17/2015	pdf
    Meeting Poster: Coal Regions	09/1-17/2015	pdf
    Meeting Poster: The Forestry Reclamation Approach (FRA)	09/1-17/2015	pdf
    Meeting Poster: Protection of Hydrologic Balance	09/1-17/2015	pdf
    Meeting Poster: Revegetation, Soil, and Fish and Wildlife Protection	09/1-17/2015	pdf
    Video Presentation as a pdf	09/1-17/2015	pdf
    Video Presentation link to video	09/1-17/2015	link

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