THE CALIFORNIA STATE MINING AND GEOLOGY BOARD: REGULATION OF MINE RECLAMATION IN CALIFORNIA

摘要

The California State Mining and Geology Board (Board), established in 1885, serves as a regulatory, policy and appeals body representing the state's interest in geology, geologic and seismologic hazards, conservation of mineral resources and reclamation of lands following surface mining activities. California is the only state in the US in which mine reclamation is regulated through 109 city, county and state lead agencies. Regulation is required pursuant to California's Surface Mining and Reclamation Act of 1975 (SMARA). When a lead agency fails to administer SMARA in an appropriate manner, the Board can consider assumption of the SMARA lead agency authority. Since 2002, the Board has exercised its assumption of lead agency authority for two counties, 10 cities, and 11 marine dredging operations. The Board performed a review of overall SMARA lead agency performance. This evaluation assessed the lead agency's performance of periodic mine inspections, adjustment of annual financial assurances and enforcement of the preparation of Interim Management Plans should a surface mine site be characterized as idle for a period exceeding one year. Based on this review, the overall performance of SMARA lead agencies throughout California varies significantly. For the most part, overall performance is poor reflecting a number of factors including primarily financial constraints, and limited or absence of technical expertise. While the Board has not yet exercised its assumption authority following this statewide evaluation, lead agencies are taking notice and looking more closely at their SMARA programs.