SMCRA and the Endangered Species Act: 

Implementation of the 1996 

Biological Opinion

This course provides participants with a fuller understanding of the 1996 Biological Opinion and Conference Report (BO) issued to the Office of Surface Mining by U.S. Fish and Wildlife Service on surface coal mining and reclamation operations, the underlying statutory and regulatory requirements, and how the BO is intended to operate. Duration of Course: 3-4 Days

At the conclusion of this course, the student should be able to Describe the function of the BO and how it relates to permitting actions under the Surface Mining Control and Reclamation Act of 1977 (SMCRA).

Explain when and how the SMCRA permitting authority must solicit and consider input from the State and Federal agencies with responsibility for fish and wildlife.

Identify Endangered Species Act (ESA)-related resource materials pertinent to permit application preparation and analysis.

Summarize ESA requirements and how they should be integrated into the SMCRA permitting process.

Describe the responsibilities of both the regulatory authority and the State and Federal fish and wildlife agencies under the BO.

Explain what the BO means when it refers to species-specific protection measures, and, also, which agency is responsible for developing these measures.
Explain the conflict resolution process when the regulatory authority elects not to adopt a recommendation from the responsible fish and wildlife agency concerning species-specific protection measures. Also, explain what impact a disagreement of this nature would have on the regulatory authority’s ability to proceed with a proposed permitting action.

Identify and explain the actions enumerated in the Terms and Conditions section (pp. 13-14) of the BO, including an explanation of what measures the regulatory authority must take to quantify the take of each permitting action.

Who Should Attend: State and Federal program staff, permitting specialists and inspectors and State and Federal personnel responsible for commenting on the fish and wildlife aspects of SMCRA permits.