violate the Tenth Amendment to the United States Constitution. Like most environmental statutes passed in the 1960s and 1970s, SMCRA uses a cooperative federalism approach under which states are expected to take the lead in regulation while the federal government oversees their efforts. Under SMCRA, the federal government can approve a program, which gives the state the authority to regulate mining operations, if the state demonstrates that it has a law that is at least as strict as SMCRA, and that they have a regulatory agency with the wherewithal to operate the program. Currently, most coal-mining states have approved programs. Those states issue their own permits, inspect their mines, and take enforcement action themselves when necessary. In the two states without approved programs (Tennessee and Washington) and on Indian Reservations, the Office of Surface Mining performs those functions. The federal government is required to regulate surface coal mining on federal lands (which include 60 percent of the coal reserves in the West), but can enter into cooperative agreements with states with approved programs. Self-bonding Many states do not require large mining companies to post a surety bond for the costs of mine reclamation. Instead, these companies can hold their own assets as "self-bonding". The bankruptcy of large coal mining companies may imperil the $3.7 billion state regulators have allowed in self-bonding. For example, shortly before it declared bankruptcy Peabody Energy held $1.47 billion in self-bonding liabilities, including $900.5 million in Wyoming alone. See also Mine closure planning Mine reclamation RECLAIM Act Before the Mountain Was Moved References 25th Anniversary of the Surface Mining Law: A report on the protection and restoration of the nation's land and water resources under the Surface Mining Law, Office of Surface Mining, 2003. Available at OSM website. Green, Edward. State and Federal Roles Under the Surface Mining Control and Reclamation Act of 1977, 21 S. Ill. U. L.J. 531 (1997) External links Text of SMCRA, 30 U.S.C. §§ 1201–1328. SMCRA regulations, 30 CFR Part 700 et seq. Office of Surface Mining homepage Providing for Consideration Of The Bill (H.R. 2824) to Amend the Surface Mining Control and Reclamation Act of 1977 to Stop the Ongoing Waste by the Department of the Interior of Taxpayer Resources and Implement the Final Rule on Excess Spoil, Mining Waste, and Buffers for Perennial and Intermittent Streams, and for Other Purposes; Providing for Consideration of the Bill (H.R. 2641) to