OFFICE OF SURFACE MINING RECLAMATION & ENFORCEMENT
For Release April 13, 1993
Jerry Childress (202) 208-2719

OSM ISSUES FORMAL NOTICE ON SUBSIDENCE LIABILITY UNDER 1992 ENERGY
POLICY ACT

The Interior Department's Office of Surface Mining Reclamation and
Enforcement (C$M) today issued a formal Notice of Intent that
explains requirements of the Energy Policy Act of 1992 relating to
subsidence protection and coal operator liability resulting from
damages caused by subsidence. Subsidence is the phenomenon of
surface shifting or sinking caused by collapsing underground coal
mine workings.

The informational Notice, which was printed in the Federal Register
of April 13, 1993, advises the public that all underground mining
operations conducted after October 24, 1992 (the date the Energy
Policy Act was adopted) are required to comply with the
subsidence-related requirements of Section 2504 of the Act. That
section says coal mine operators must repair or pay compensation
for material damage to dwellings as a result of subsidence due to
underground coal mining operations, and must replace water supplies
adversely affected by underground coal mining operations.

OSM issued the official notice to alert coalfield residents, state
regulators, and coal operators alike that the subsidence
requirements of the 1992 Energy Policy Act are applicable now, even
though follow-on rulemaking action is yet to come.

OSM is required to finalize regulations implementing subsidence
provisions of the 1992 Energy Act by October 24, 1993. Meanwhile,
coal mine operators are obliged to comply with those provisions for
all their operations conducted after October 24, 1992. The
requirement applies regardless of whether the coal mines are
Federally regulated or are regulated by states with approved
'primacy' programs.

OSM believes that the language of the Energy Policy Act will
require retroactive enforcement for violations occurring after
October 24, 1992. That is, once Section 2504 of the Energy Policy
Act becomes directly enforceable in a state, material damage caused
by underground coal mining operations conducted after October 25,
1992, that has not been repaired, replaced, or compensated for,
will be subject to that section, even ff the damage occurred before
Section 2504 became directly enforceable in that state. OSM will
solicit public comment on this issue in its forthcoming subsidence
rulemaking prop~al.

State surface mining regulators are being encouraged to conduct
investigations of any complaints alleging subsidence violations
covered under the Energy Policy Act provisions. Doing so will
assure that circumstances at an alleged violation site are observed
and documented contemporaneously so they will be available for
later enforcement action, ff necessary. OSM or the state regulator
will ensure that complaints are documented and a record of alleged
violations is maintained.

The OSM contact for further information about the subsidence
requirements is Nancy Broderick, OSM Branch of Federal and Indian
Programs, U.S. Department of the Interior, 1951 Constitution Avenue
N.W., Washington, D.C. 20240, (202) 208-2564.