OFFICE OF SURFACE MINING
For release  December 15, 1989
Alan Cole (202) 343-4719

INTERIOR DEPARTMENT ANNOUNCES OHIO MINING RIGHTS DECISION

Harry M. Snyder, Director of the Interior Department's Office of
Surface Mining (OSM), has concluded that an owner of private coal
property in the Wayne National Forest, Ohio, lacks valid existing
rights to surface mine the coal on two properties within the
boundaries of the forest.

The determinations are based on a careful review of the pertinent
documents, plus relevant information from the State of Ohio and
from the U.S. Forest Service, which owns the surface rights to the
property in the Wayne National Forest,' Snyder said.

The Surface Mining Control and Reclamation Act prohibits surface
coal mining in national forests and other special areas, unless the
permit applicant has valid existing rights (VER).  Belville Mining
Co., owner of the coal rights, had applied for an Ohio state mining
permit on one of five subsurface properties and a part of another
it owns inside the Wayne National Forest.

Using the Ohio State regulatory program as a standard, OSM
determined that Belville did not have VER for the McMullen and
Culbertson tracts.

For the Culbertson property, OSM relied upon a title report from
the Forest Service, which concluded that surface mining was not a
contemplated use of the land at the time the surface was acquired
by the Forest Service in 1936.  Thus, under Ohio law, because that
use was not contemplated at the time the mineral estate was
severed, no surface mining may take place.

Snyder said, "The lack of an adequate record supporting OSM's
previous determination is the reason I ordered a re-examination of
the issue this year."  Snyder also said that review of the
remaining Belvllle VER applications would proceed once OSM receives
title reports on the properties from the Forest Service.

"Of utmost concern was the need to make sure fair and open
procedures were followed in reaching a decision," Snyder said. 
"Fairness dictated that all interested parties should have the
opportunity to provide information for the record.  That
opportunity was provided in our re-examination.'