OFFICE OF SURFACE MINING RECLAMATION & ENFORCEMENT For Release April 28, 1994 Jerry Childress (202) 208-2719 OSM TO PREPARE NEW ENVIRONMENTAL IMPACT STATEMENT ON VALID EXISTING RIGHTS The Interior Department's Office of Surface Mining Reclamation and Enforcement (OSM) today announced plans to issue a revised draft environmental impact statement (DEIS) concerning valid existing rights (VER) to mine coal in areas where mining is otherwise prohibited, such as park lands. Formal notice of intent to prepare the DEIS was published in the Federal Register of April 28, 1994. The DEIS will analyze the environmental impacts of rulemaking alternatives for defining VER and determining the degree, if any, to which surface subsidence resulting from underground coal mining is subject to the prohibitions of section 522(e) of the Surface Mining Control and Reclamation Act (SMCRA). OSM Director Robert J. Uram said DEIS preparation is an important part of the decision-making process. "Properly done, environmental impact statements generate valuable information about probable consequences of a wide range of options. This information should contribute in a positive way to the resolution of highly charged environmental issues, such as the meaning of 'valid existing rights,' which has been controversial ever since the inception of the surface mining law," he said. Inviting public comment on the scope of the analysis, Uram said OSM will hold scoping meetings at four sites across the country upon request. He emphasized, however, that comments received on the 1991 DEIS will still be considered, and need not be re- submitted. OSM decided to prepare a revised DEIS for two reasons. First, before the comment period for the original DEIS closed, OSM published a notice (56 FR 33170, July 18, 1991) that Interior's Solicitor had issued a Memorandum Opinion (M-36971) concerning the prohibitions of section 522(e) of SMCRA relative to subsidence. That opinion concluded that the best interpretation of SMCRA is that subsidence is not a surface coal mining operation subject to the prohibitions in section 522(e). OSM stated in its notice that existing regulations were consistent with that position; thus no further rulemaking on the issue was necessary. However, the July 18, 1991, Federal Register notice was challenged in a lawsuit filed in September 1991. On September 22, 1993, the federal District Court deciding the case ruled that OSM's July 18 notice was a legislative rule issued in violation of the Administrative Procedure Act (APA). The court remanded the matter to Interior for rulemaking in accordance with APA public notice and comment requirements. The second reason for revising the DEIS is to incorporate public comments received on the 1991 DEIS. Upon request, scoping meetings will be held at the following OSM locations: Eastern Support Center, Ten Parkway Center, Pittsburgh, PA 15220 (Contact: Chuck Wolf, 412-937- 2897); Western Support Center, 1020 15th Street, Denver, CO 80202 (Contact: Floyd McMullen, 303-844-3104); Knoxville Field Office, 530 Gay Street, Suite 500, Knoxville, TN 37902 (Contact: Gary Tucker, 615-545-4122), and OSM Branch of Environmental and Economic Analysis, Room 640, 800 North Capitol Street, Washington, DC 20002 (Contact Andy DeVito, 202-343-5150). Written comments on the DEIS should be sent to the Office of Surface Mining Reclamation and Enforcement, Administrative Record, 1951 Constitution Avenue N.W., Room 660-NC, Washington, DC 20240. Requests for additional information should be directed to Andy DeVito, Office of Surface Mining Reclamation and Enforcement, 1951 Constitution Avenue N.W., Room 640- NC, Washington, DC 20240, telephone 202-343-5150.