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B-229068.4 1 (1988-08-03)

handle is hein.gao/gaobabmev0001 and id is 1 raw text is: o Comptroller General of theUnitedState Washington, D.C. 20548 B-229068.4 . August 3, 1988 The Honorable Morris K. Udall / Chairman, Committee on Interior and Insular Affairs House of Representatives Dear Mr. Chairman: This responds to your January 29, 1988, request for our opinion regarding payment by coal mine operators of a reclamation fee for each ton of coal produced under section 402 of the Surface Mining Control and Reclamation Act of 1977 (SMCRAI. According to your letter, some mining companies have been found by the Office of Surface Mining Reclamation and Enforcement (OSMRE) of the Department of the Interior (DOI) to have underreported the amount of coal they have mined, and have claimed to be unable to pay the correct reclamation fee. In these cases, OSMRE appears to be considering a waiver of fee payment, negotiating a lower fee, or accepting in kind payments, such as reclamation work on land other than that disturbed by the company. Accordingly, you ask for our comments responding to the following questions: 1. Does OSMRE have the authority to negotiate the amount of the fee to be paid? 2. Does OSMRE have the authority to waive or negotiate penalties or fines and interest thereon (if any) on unpaid fees? 3. Can OSMRE accept payments in kind in lieu of the fees, fines, and/or penalties called for under SMCRA? 4. Is there any requirement that negotiated settle- ments above a certain monetary amount must be reviewed and/or approved by the Department of Justice or entity other than the Department of the Interior? As explained below, we are of the opinion that OSMRE, with the approval of the DOI Solicitor's office, may, with certain exceptions, compromise a claim for $20,000 or less. 0408-11

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