OFFICE OF SURFACE MINING
     RECLAMATION & ENFORCEMENT

For Release January 31, 1997            Alan Cole (202) 208-2719 
                                             acole@osmre.gov

PROPOSED SURFACE COAL MINE "VALID EXISTING RIGHTS" RULE IS BASED
       ON GOOD FAITH EFFORT TO OBTAIN ALL REQUIRED PERMITS
     Establishing "valid existing rights" (VER) to do surface coal mining operations
where coal mining is otherwise prohibited by the federal surface coal mining law would
require applicants to show that, before the mining prohibition went into effect, they had
made a good faith effort to obtain all required permits, according to rulemaking
proposed today by the Interior Department's Office of Surface Mining Reclamation and
Enforcement (OSM).

     The proposed VER definition is being printed in the Federal Register on
January 31, 1997, for public review and comment, along with a related proposal
clarifying that the prohibition against surface coal mining in specially protected areas
does not apply to subsidence from underground coal mining.  (Surface effects  of
underground coal mining, such as subsidence, are covered by separate regulations.)

     The Surface Mining Control and Reclamation Act (SMCRA) prohibits surface
coal mining operations in National Parks and other specially protected areas, but the
prohibition does not apply to people who have VER.  OSM is proposing this rulemaking
to define VER because VER is not defined in SMCRA.

     The proposed "good faith all permits" criterion was selected because it is
objective, non-burdensome to administer, and consistent with the purposes of
Section 522(e) in SMCRA.  That section is intended to prohibit surface coal mining
operations on lands Congress designated for special protection.

     "Good faith all permits" is the VER standard already in use by 15 of the 24
"primacy" states that operate their own Interior-approved programs for regulating
surface coal mining operations.   The closely related "all permits" standard is in use in 5
other primacy states.  Two primacy states use a "taking" standard to determine VER. 
One determines VER based on whether the coal in question is adjacent to and needed
for an existing coal mine, and one does not have any VER standard.

                               MORE
     Beside lands in the  National Park System, the proposed VER definition applies
to lands in the National Wildlife Refuge System, the National Trails System, the
National Wilderness Preservation System, the National Wild & Scenic Rivers system
including study rivers designated under section 5(a) of the Wild & Scenic Rivers Act,
and National Recreation Areas designated by Act of Congress.  It also applies to
National Forests, and to certain buffer areas, around for example, public roads,
occupied dwellings, public buildings, and cemeteries.

     The rulemaking proposal also covers coal exploration on all the categories of
land where surface coal mining operations are subject to VER, except for exploration
needed for mineral valuation purposes or authorized by court order.

     Comments on the rulemaking proposals should be sent to the OSM
Administrative Record, 1951 Constitution Avenue N.W., Washington, D.C. 20240, no
later than June 2, 1997.  E-Mail comments should be sent to osmrules@osmre.gov.

     Public hearings will be held if requested.  Requests for hearings, or for further
information, should be directed for VER to Dennis Rice (202-208-2829;
drice@osmre.gov); and for subsidence from underground mining to Nancy Broderick
(202-208-2700; nbroderi@osmre.gov) at the address above.  Hearing requests must be
received by March 17, 1997.

                              -DOI-

OSM news releases and information may be downloaded from OSM's Homepage at: 
http://www.osmre.gov.  Frequently requested information about OSM is available 24
hours a day by Fax-on-Demand at:  (202) 219-1703.