OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT For Release November 8, 1991 Jerry Childress (202) 208-2719 OSM PROPOSES RULES TO IMPLEMENT ABANDONED MINE RECLAMATION ACT OF 1990 The Interior Department's Office of Surface Mining Reclamation and Enforcement (OSM) is proposing rules to assist in implementing the Abandoned Mine Reclamation Act of 1990 (AMRA). The proposed rules were published in the Federal Register of November 8, 1991, for public review and comment. The AMRA, which was signed into law November 5, 1990, and became effective October 1, 1991, makes a number of amendments to Title IV of the Surface Mining Control and Reclamation Act (SMCRA). The most important change is a three-year extension of the Abandoned Mine Land (AML) fee on coal output. Authority for OSM to collect the tonnage-based fee, which generates about $200 million annually for the Abandoned Mine Land Reclamation Fund, has been extended through September 30, 1995. OSM charges coal producers 35 cents per ton of surface mined coal and 15 cents per ton of coal mined underground. The money pays for reclaiming coal mine lands that were abandoned before the surface mining law was enacted in 1977. The proposed rules address other major changes enacted by AMRA, including: --An increase in the ownership and control information required from mine operators on Form OSM-1, the quarterly Coal Production and Reclamation Fee Report; --AML eligibility for reclaiming certain high-priority surface mining sites mined after the enactment of SMCRA on August 3, 1977; --Investment of the portion of the AML fund not needed for current use, with interest credited to the fund's federal share balance; --Expanding the rights of states that have certified the completion of all known coal mine reclamation problems to use state share AML funds for non-coal reclamation purposes; --Setting aside funds for acid mine drainage control and future coal reclamation projects; --Modifications to the allocation of the fund; --An inventory of coal AML sites designated Priorities One and Two; --Eligibility for public enhancement projects in areas affected by coal mining; and --Increasing the annual tonnage limit, from 100,000 to 300,000 tons, under which small-scale mines can qualify for technical help through the Small Coal Operators Assistance Program. OSM Director Harry M. Snyder said that the new rules emphasize Congressional direction and OSM policy to concentrate on first reclaiming abandoned coal mine sites endangering public health, safety, and general welfare. "Until the Priority One and Two coal mine reclamation problems are completed, we are proposing funding for Priority Three sites only if they are associated with a higher priority reclamation problem," Snyder explained. Written comments on the proposed rules should be sent to the Administrative Record, Office of Surface Mining, Room 5131-L, 1951 Constitution Avenue N.W., Washington, DC 20240, (202) 208-5365 no later than January 7, 1992. Requests for hearings or additional information should be directed to D.M. Lytton, Office of Surface Mining, 1951 Constitution Avenue N.W., Washington, DC 20240, (202) 208-5365.