Performance Agreement
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Texas Performance Agreement |
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I. Goals and plans for achieving them
The Office of Surface Mining's (OSM) main goal is to ensure that coal mining
operations do not adversely affect the natural and human environment during and after
coal mining and reclamation. In States that have programs approved pursuant to the
Surface Mining Control and Reclamation Act of 1977 (SMCRA), OSM's goal is to
ensure that the State program is no less effective than a Federal program would be and
to ensure that the State program is fully implemented. The goal for the Railroad
Commission of Texas (RCT) as the regulatory authority in Texas is to fully implement
the approved State program. With these common goals, OSM and RCT share a
commitment for achieving the purposes of SMCRA.
OSM's specific plans are to work with the State to provide resources, technical
expertise, and evaluation of the implementation of the State program. OSM will inspect
mines in accordance with OSM's policies, concerns of citizen's, and concerns of OSM
staff. OSM will also routinely review grants, permitting actions, inspection and
enforcement records, and other actions in accordance with OSM policies.
OSM will provide feedback to RCT so that on-the-ground problems can be identified
and corrected and so that RCT's accomplishments are noted.
II. Oversight Workplan for the Regulatory Program
OSM's Directive REG-8 provides instructions for the oversight of State programs. OSM
is directed to solicit comments from citizens on oversight and incorporate those
comments into an oversight workplan for the year. OSM is also directed to select
oversight topics from concerns identified from mine inspections, document reviews, and
national concerns. Workplans will also consider State needs and should include self-evaluation
studies conducted by the State. Evaluation study findings will be compiled
into topic-specific reports and into an Annual Evaluation Report. In addition to new
topics identified from citizen's comments, State needs, and OSM concerns; issues from
previous years are to be followed through to resolution.
With the emphasis of oversight being directed toward on-the-ground results of mining
and reclamation, OSM will inspect all active mining operations if possible. TFO's
inspections will include looking at off-site areas that are potentially impacted by mining
and reclamation operations to ensure that off-site impacts are identified. TFO will
conduct as many bond release inspections as possible to ensure that it can evaluate
reclamation success. OSM will provide RCT with results of the inspections through
inspection reports and through Ten-Day Notices when violations are observed that have
not been cited. Data from OSM's inspections will be analyzed to identify trends in the
implementation of the State program.
A. Topics to be evaluated in 1998
1. Issues from previous evaluations
The only issue from previous evaluations is the continued efforts in
updating the Texas program in accordance with the 30 CFR Part
732 letters OSM has sent to Texas. In 1997, most of the issues
were resolved. Only a few such as revegetation success
guidelines remain.
2. Ongoing topics
(a) Off-site impacts
(b) Reclamation Success
B. Procedures
The basic standards for evaluation will be the requirements of the State
program. Procedures will be developed that are specific to each topic.
OSM and RCT will work jointly to carry out evaluation studies whenever
possible. Reports of the findings will be prepared. OSM and RCT will
discuss the findings so that issues are properly explored from all
perspectives. Topics-specific plans and procedures are listed below:
| Topic | Reason for Review | Details of review | Time Frame |
|---|---|---|---|
| Off-site impacts. | OSM emphasis. | Data on off-site impacts will be collected on State and Federal inspections, enforcement actions, and civil penalty assessments on all active permits. Documents (especially inspection reports) will include data collection on the nature of off-site impacts, degree of impact, and reparability of damage. OSM will analyze data and report findings in consultation with RCT. Categories of impacts to be evaluated include hydrology, blasting, encroachment, land stability, fish and wildlife, air quality, and vegetation. | Throughout EY- 1998, data on off-site impacts will collected. In October 1998, the data will be analyzed to look for trends and to prepare a report. The report on this topic will be used in preparing the Annual Evaluation Report. |
| Reclamation Success. | OSM emphasis. Also, from recent bond releases, TFO has concerns about checkerboard patterns and incremental bond release practices. | OSM and RCT will compile information on bond releases throughout the year. TFO will attend as many bond release inspections as possible to ensure that its evaluation concentrates on the on-the-ground success. A joint review of bond release procedures is needed to determine if incremental and checkerboard releases are allowed by the approved program. | OSM will prepare a report on reclamation success based on bond releases at the end of the evaluation year. |
| Updating the Texas program | 732 letters. The remaining issue is Revegetation Success/bond release standards. | OSM will process program amendments as quickly as possible. RCT will provide prompt responses to issue letters. | OSM expects to have all Texas program amendments prompted by 732 letters completed in 1998. |
C. Methods for Resolving Issues
To resolve issues that arise from evaluation studies, OSM and RCT will
jointly work to develop a process for resolving each issue. Each issue
may require different methods for resolution, but may include specific
action plans, technical assistance or training, and follow-up evaluations.
Success of issue resolution will be measured by on-the-ground correction
of the problem that precipitated the issue.
D. Technical Assistance that OSM will provide
OSM will provide technical assistance as needed based on requests from
RCT. This will include the TIPS system, technical expertise in specific
areas, and training.
E. Core data that will be provided
RCT will continue to provide OSM with:
copies of current applicable State laws and regulations;
copies of permits applications that have been issued with all
revision and renewal documents;
copies of inspection reports of all complete and partial mine
inspections;
copies of enforcement documents including hearings records;
compiled data on inspection and enforcement, permitting actions,
and other data that is required for the preparation of the Annual
Evaluation Report;
documents relating to grants, AML inventories, and AML
reclamation projects.
OSM will provide:
copies of Federal laws and regulations including all changes and
OSM's interpretation of the changes;
timely and complete information relating to grants;
timely notification of oversight inspections and evaluation studies;
copies of Federal inspection reports and enforcement actions;
results of Federal oversight studies and copies of all oversight
reports relating to Texas;
copies of OSM research studies relating to Texas.
III. Abandoned Mine Reclamation Program
A. Introduction
The primary objective of the national Abandoned Mine Land (AML)
program is to mitigate the effects of past mining by aggressively pursuing
the reclamation of abandoned mines, with a primary emphasis on
correcting the most serious problems affecting public health, safety,
property, and the general welfare. OSM and the State programs share
the responsibility for achieving the goals of the program.
The Office of Surface Mining (OSM), on behalf of the Secretary of the
Interior, administers the Abandoned Mine Reclamation Fund, provides
grants to the State for program operation, monitors the progress and
quality of the program, and responds to emergency situations resulting
from historic coal mining activities.
On June 23, 1980, the Secretary of the Interior approved Texas'
abandoned mine land reclamation plan under Title IV of the Surface
Mining Control and Reclamation Act of 1977 (SMCRA). This approval
allows the State of Texas, through the Railroad Commission of Texas
(RCT), exclusive responsibility and authority to operate the AML Program.
Texas' approved State Reclamation Plan outlines the authority, policy and
procedures by which the State shall operate this Program. RCT, Surface
Mining and Reclamation Division, is responsible for implementation of this
plan.
B. Purpose
This workplan is developed in accordance with the OSM Directive AML-22,
Evaluation of State and Tribal Abandoned Mine Land Programs.
OSM's Tulsa Field Office (TFO) is responsible for monitoring the
performance of the Texas AML Reclamation Program. TFO staff, with
assistance from other OSM offices as necessary, will perform the State
AML program evaluations.
This workplan sets forth the principles of excellence which will be used to
conduct enhancement and performance reviews (EPR). EPR's are
intended to assist the State in the administration, implementation, and
maintenance of its approved reclamation programs to ensure that the
provisions of SMCRA and the implementing regulations are met. This
workplan incorporates three principles of excellence that support the
concept of excellence in reclamation, along with performance measures
that can be used to determine whether the programs are meeting the
principles.
C. Responsibilities
1. The State will:
(a) Actively pursue implementation of the AML program while
adhering to its approved program, State and Federal laws
and regulations.
(b) Collaborate with OSM to resolve issues of concern to TFO.
The State agrees to promptly notify OSM of any AML
problems or issues that may arise.
(c) Assist OSM with data and information required to satisfy
general information requests of OSM and others. Requests
to prepare and provide information will be screened to
ensure that it is needed and in the best interest or OSM and
the State.
(d) Advise OSM of technical and educational needs.
(e) Comment on OSM's draft Annual Evaluation Report.
(f) Utilize, where possible, innovative approaches to managerial
efficiency, problem resolution, environmental protection, and
extraordinary achievements in program implementation.
2. OSM will:
(a) Actively participate with the State in implementation of its
AML program.
(b) Provide technical and educational assistance to the State,
including, upon request, expertise from the Federal
government or other sources when possible.
(c) Provide timely and consistent response to requests from the
State concerning grants, financial, and programmatic
questions,
(d) Provide assistance for complying with all applicable Federal
laws and regulations.
(e) Collaborate with the State to resolve issues of concern to
TFO. OSM agrees to promptly notify the State of any issues
that may arise.
(f) Prepare and distribute the Annual Evaluation Report in
accordance with AML-22.
(g) Recognize, through annual reports and other means,
innovative State approaches to managerial efficiency,
problem resolution, environmental protection, and
extraordinary achievements in program implementation.
D. Principles of Excellence for Enhancement and Performance Review
(EPR)
These principles support the concept of excellence in reclamation, along
with performance measures that can be used to determine how well the
AML Program is meeting the principles.
1. Measuring Success
The State's on-the-ground reclamation is successful. The
performance measures are:
(a) Does completed reclamation meet the goals of the project?
(b) Is reclamation successful on a long-term basis?
2. Reclamation Plan
The State must have an approved reclamation plan which meets
the requirements of Federal laws and regulations and must conduct
reclamation in accordance with its plan. The performance
measures are:
(a) Does the current plan meet the requirements of SMCRA, the
regulations and other applicable laws? Does the State AML
program work cooperatively with OSM to establish a
schedule and make necessary changes to the plan?
(b) Does the State AML program comply with OSM Directive
AML-1 (AML-Inventory)?
(c) Does the State AML program comply with its plan for project
ranking and selection?
(d) Does the State AML program follow the realty requirements
of the plan?
(e) Are the State contracting procedures being followed?
(f) Does the State AML program perform the AVS check as
required on the successful bidder at the time of contract
award?
(g) Does the State AML program comply with NEPA as
required?
3. Fiscal Accountability
The State must have systems in place to ensure accountability and
responsibility for spending AML funds and a process to assure that
such systems are working. The performance measures are:
(a) Are drawdowns and disbursements of monies accomplished
in accordance with requirements for Federal funds?
(b) Is State AML program income accounted for properly?
(c) Are grant applications and reports submitted timely?
(d) Are State procedures for property procurement,
management and disposal of property followed?
(e) Do the State internal control systems work?
(f) Are audits conducted by the State in accordance with the
Federal Single Audit Act of 1984? Does the State cooperate
with OSM in audit resolution?
(g) Do State AML program managers have adequate financial
information to manage the projects and the program?
(h) Are the costs of State AML program activities appropriately
documented and supported?
4. Topics for Review in 1998
Of these Principles and Performance Measures, only some of them
will be reviewed under this Agreement in any 1 year. The specific
ones designated for 1998 are listed below. Other elements listed
here are available for evaluation under Enhancement and
Performance Reviews in future years.
Principle of Excellence, No. 1: State's on-the-ground reclamation is
successful.
Element being evaluated (a): Does completed reclamation meet
the goals of the project?
Background: This is an initial review of active and completed
projects to compare what was funded and approved in the grant.
This evaluation will include review of RCT project files and site
inspection. Not less than two completed projects and one in
progress will be reviewed. The review ill include comparing work
identified in the approved grant with completed projects and active
projects.
Schedule: A schedule for site visits and file reviews will be
coordinated with RCT in order not to interrupt the work schedule.
Principle of Excellence, No. 2: The State must have an approved
reclamation plan which meets the requirements of Federal laws
and regulations and must conduct reclamation in accordance with
its plan.
Element being evaluated (g): Does the State AML program comply
with NEPA as required.
Background: Review RCT files to identify actions dealing with
required interagency/governmental coordination at the appropriate
time with project planning and design.
Schedule: File reviews will be coordinated with RCT in order not to
disrupt the work schedule.
Agreement
This workplan covers activities for the 1998 evaluation year. It may be amended in
writing at any time through the mutual agreement of the parties. It may be terminated in
whole or in part in writing by either party. However, no such termination shall be
effected until the parties have attempted to resolve any disagreement.
Signatures:
Michael C. Wolfrom Date Melvin Hodgkiss Date
Director Director
Tulsa Field Office Surface Mining and Reclamation Division
Office of Surface Mining Railroad Commission of Texas