OFFICE OF SURFACE MINING
     RECLAMATION & ENFORCEMENT     

For Release April 25, 1997                   Jerry Childress (202) 208-2719
                                                                     jchildre@osmre.gov

             OSM TO HOLD PUBLIC HEARINGS ON PROPOSED 
                VALID EXISTING RIGHTS REGULATIONS

     The Interior Department's Office of Surface Mining Reclamation and
Enforcement (OSM) today announced it will hold public hearings in Ohio, Kentucky,
Pennsylvania, and Montana during May to gather comments on proposed new rules for
"valid existing rights" (VER) to conduct surface coal mining operations in areas where
mining is otherwise prohibited under provisions of the Surface Mining and Reclamation
Act  (SMCRA).  Comments will also be received on a related proposal clarifying the
application of the prohibitions against surface coal mining operations to subsidence
from undrground coal mining.
 
     The hearings will be held in the following cities at sites, local times, and dates
indicated:
     
--   Athens, Ohio, at the Ohio University Inn, 331 Richland Ave., 7:00 p.m., May 15.

--   Whitesburg, Kentucky, at the Appalshop, 306 Madison St., 7:00 p.m., May 20.

--   Washington, Pennsylvania, at the Ramada Inn, 1170 Chestnut St., 6:00 p.m.,
     May 20.

--   Billings, Montana, at the Sheraton Billings, 27 North 27th St., 7:00 p.m., May 21. 

     Establishing VER to strip-mine coal where mining is otherwise prohibited by the
federal surface 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 the proposed rulemaking.  

     The proposed VER definition was printed in the Federal Register of January 31,
1997, for public review and comment, along with the related proposal clarifying that the
prohibition against surface coal mining operations 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.)

     SMCRA prohibits surface coal mining in National Parks and other specially
protected areas, but the prohibition does not apply to people who have VER.  OSM
proposed the regulations because VER is not defined in SMCRA.

     The standard being proposed is comparable to zoning laws, which courts in
general have upheld as constitutional.  The proposed "good faith all permits" criterion
was selected because it is objective, non-burdensome to administer, and consistent
with the purpose of Section 522(e) in SMCRA.  That section is designed to prohibit or
minimize surface coal mining on lands 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.   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 land in question is adjacent to and needed for
an existing coal mine, and one does not have any VER standard.

     Beside National Park lands, 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 buffer
areas, for example, around 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 is prohibited (subject to VER), except for exploration
needed for mineral valuation purposes or authorized by court order.

     Requests for additional information on the proposed rules or hearing, should be
directed to Andrew DeVito, Office of Surface Mining Reclamation and Enforcement,
U.S. Department of the Interior, 1951 Constitution Avenue N.W., Washington,
D.C. 20240, (202) 208-2701; E-Mail: adevito@osmre.gov.

                              -DOI-