7. The Technical Training Staff should develop a directive or a regulation which explains OSMRE ́s authority and limitations regarding the administration of technical training. The document should cite SMCRA as the legislative basis for OSMRE ́S authority to provide technical training, and the document should include a statement that the Technical Training Program is subject to federal and Departmental regulations and guidelines regarding training.

8. The Technical Training Staff may be administering courses outside of the intended dimensions of the Program. OSMRE should define "technical training", and should establish policy guidelines addressing the authorized scope of technical training Non-technical training is available to OSMRE employees

curricula.

through a variety of sources. Since SMCRA does not include

language authorizing OSMRE to provide non-technical training to the states, and given the states need for technical training, the Program should limit its curriculum to technical subject matter only.

9. In developing curriculum, the Technical Training Staff should review state annual oversight reports for information on states' technical deficiencies, and should discuss these problem areas with OSMRE Field Office managers and with the Chief, Division of Regulatory Programs during needs assessment meetings.

10. Although the Technical Training Staff has in place an effective mechanism for managing the distribution of training information throughout most OSMRE, state, and tribal offices, course information is not being disseminated at OSMRE headquarters offices. The Technical Training Staff should develop an effective plan to ensure the dissemination of training information in headquarters offices.

11. It appears that trainees are not receiving sufficient course material in advance of training sessions. The Technical Training Staff should consider instituting procedures to provide trainees with course material in advance of class.

12. The Technical Training Staff does not have a comprehensive, single source data base file established to record statistics on training participation. The Office should develop a system of

tracking participants so that training statistics are readily

available. Procedures should also be established as well to track

the indirect costs of training for OSMRE employees.

iv

Mr. REGULA. Have you experienced any unique problems in administering the training programs?

Mr. CHRISTENSEN. No. In fact, it has been very well developed. We have given it a lot of support and backing. I think the important thing in the development of training is that we have involved the State personnel when we have determined what kind of training we want so that we make sure that both their and our needs are met.

LOCATION OF TRAINING SESSIONS

Mr. REGULA. As you know, there has been a number of newspaper articles critical of the locations of the training programs, such as Hilton Head and Peppermill Hotel in Reno, Salishan Lodge in Oregon and so on. Wouldn't it be possible to have these training sessions at perhaps a more central location and on a lower budget type of operation?

Mr. CHRISTENSEN. The kind of training we are talking about, the technical training, has been done near coal fields because it is technical, hands-on training. Oftentimes classes go out and actually visit a mine.

What you're referring to in the newspaper articles are the national meetings we have with the State regulatory people. We meet not to visit the coal mines as much as to discuss how to regulate them. Mr. REGULA. Well, I think in terms of public relations, it would be wise for the agency to be▬▬

Mr. CHRISTENSEN. Your point is well-taken. The next meeting will be in Indiana.

Mr. REGULA. I'm not sure what the occasion for that[Laughter.]

COSTS AND PAYMENT FOR TRAINING

Mr. REGULA. At least he didn't say Illinois or Ohio.

One last question. What type of authority would you need to allow OSM to pay for State personnel; that is, do you have adequate authority, and is it simply a matter of funds?

Mr. CHRISTENSEN. I think the kind of authority we need to allow us to pay for travel and per diem expenses is specific legislative language. We would be glad to provide that language to the Committee if that would be helpful.

Mr. REGULA. I think it would be well to at least make it available to the Committee.

[The information follows:]

Suggested language to specifically authorize OSMRE to expend funds for the travel and per diem expenses of State and tribal personnel attending OSMRE-sponsored training:

Notwithstanding any other provisions of law, appropriations for the Office of Surface Mining Reclamation and Enforcement may, hereafter, provide for the travel and per diem expenses of State and tribal personnel attending OSMRE sponsored training.

Mr. CHRISTENSEN. Okay. A provision in our appropriation bill would be more than adequate.

Mr. REGULA. In your judgment, are the training sessions for State personnel cost effective?

Mr. CHRISTENSEN. They have been very cost effective, yes, sir.

Mr. REGULA. Thank you.

FUNDING FOR TRIBAL COOPERATIVE AGREEMENTS

Mr. YATES. Now, you want to reduce the funding for cooperative agreements with tribes by $200,000. How are you going to make this reduction without an adverse effect?

Mr. CHRISTENSEN. I believe that you are referring to Title V. Now that the Indian tribes have authority to spend AML money, this is where they are going to concentrate their efforts.

As you know, we have recently completed a study on the ability of the tribes to take over a Title V program. It looks like that is not a possibility in the near future because they don't have any authority under the law to do it. So, until such time as Congress gives the Indian tribes authority to assume a Title V program, there is no reason to continue to give them development money to do so. We will instead concentrate on their responsibilities with a Title IV program.

Mr. YATES. What activity is to be reduced in the next fiscal year? Mr. CHRISTENSEN. They have all had small staffs learning how to run a regulatory program for the last four or five years. These people will probably be transferred into the Title IV or AML program.

FEDERAL PROGRAM IN TENNESSEE

Mr. YATES. The budget includes $7 million to cover the cost of the Federal regulatory program in Tennessee, and the program will be in place in Tennessee at least through Fiscal Year 1990. Are you now negotiating with Tennessee to return primacy as soon as possible?

Mr. CHRISTENSEN. It is very discouraging to work with the State of Tennessee, Mr. Chairman.

Mr. YATES. You ought to talk to Albert Gore.

Mr. CHRISTENSEN. Yes, he would be a good person to talk to.

I've talked to the Governor. He says the State could run a good program if industry was interested. Unfortunately, we are doing such a good job that industry is not interested in having the State reassume the program.

Mr. YATES. So, you're not going to give primacy in Tennessee.
Mr. CHRISTENSEN. It doesn't look good.

Mr. REGULA. Mr. Chairman?

Mr. YATES. Mr. Regula.

Mr. REGULA. Is this because the Tennessee law is not adequate? Mr. CHRISTENSEN. They had primacy at one point, but the program was not adequately funded.

Mr. REGULA. By the State legislature.

Mr. CHRISTENSEN. By the State legislature.

The OSM was doing oversight. Finally, the Governor said that OSM should take the program back. They got rid of their enabling legislation to even have a program.

So, the first thing they would have to do, obviously, is reenact some enabling legislation to authorize having a program and then go through the process of bringing the program back. They refuse to do that.

Mr. REGULA. I can't imagine a State that would have as much open pit mining as Tennessee would not want to do their own program.

Mr. CHRISTENSEN. We keep encouraging them to take the program. We pay 50 percent of their costs of running it. They are losing out on their AML program, because they don't get any of that money.

The other thing we're working on right now is a permit fee. To let them know that we are going to charge them for the cost of permitting, which we don't now. Maybe all of these costs will add up and they'll decide that they should reassume primacy. But at this point, we don't have any encouraging signs from the State.

Mr. REGULA. Do you have enabling legislation that allows you to charge for permits?

Mr. CHRISTENSEN. Yes. It's in the law.

Mr. REGULA. Thank you.

TWO ACRE ACTIVITIES IN VIRGINIA

Mr. YATES. You have completed or are you completing your twoacre activities in Virginia?

Mr. CHRISTENSEN. Yes. We feel very positive about that. All of the sites have been investigated. The enforcement actions are being taken. And hopefully, by the end of the fiscal year, most of the onthe-ground activity will be done, Mr. Chairman.

Mr. YATES. Where are you going to reassign the inspectors?

Mr. CHRISTENSEN. In April we will move two to Pikesville, Kentucky, and in May two to Hazard, Kentucky.

Mr. YATES. How many FTEs will be working in Kentucky on the problem?

Mr. CHRISTENSEN. I think it will be between 18 and 20.

KENTUCKY COOPERATIVE AGREEMENT FUNDING

Mr. YATES. Now, let's talk about Kentucky for a minute. When is the Kentucky two-acre activity going to be completed? Mr. CHRISTENSEN. What we've done, Mr. Chairman, is signed a cooperative agreement with the State which provides for several things. One is an increase in the number of personnel. The other is that we agreed to work very closely with them, in order to deal with the two-acre kinds of activities that they haven't had success with over the last 10 years. They're hiring people to immediately put this cooperative agreement into effect.

Mr. YATES. Well, you've got a statement in your annual oversight report saying that Kentucky is making significant improvements. Mr. CHRISTENSEN. They are in their day-to-day regulatory program. It's doing much better.

Mr. YATES. But not the two-acre.

Mr. CHRISTENSEN. The two-acre is what has bogged them down for years and years. It is unfortunate that it took so long to recognize the problem and deal with it.

Mr. YATES. Now, you've got a settlement agreement with Kentucky for which you want $4,425,000. Have you hired the necessary personnel to carry out the agreement?