6e. Federal Regulations

Along with North Dakota laws and regulations, coal mining companies must also adhere to federal regulations. At the national level, the Surface Mining Control and Reclamation Act or SMCR was passed in 1997. The act included the creation of the Office of Surface Mining (OSM), which oversees mining nationwide. Prior to the law, each state had its own individual regulations with varying levels of strictness. 

The laws passed in North Dakota during the 1960s and 70s already required companies to return land to maximum productivity and restore the environment to its pre-mined condition. Today, the North Dakota Public Service Commission (PSC) provides oversight and regulates surface coal mining in the state. If the Office of Surface Mining determines the PSC isn’t doing a satisfactory job, OSM can directly regulate coal mining in North Dakota. PSC’s goal is to maintain high standards and avoid federal oversight of North Dakota mining.

North Dakota Oversight of Surface Mining

The flowchart shows the oversight and regulation of ND surface mining.