OFFICE OF SURFACE MINING RECLAMATION & ENFORCEMENT

For Release March 29, 1995               Alan Cole (202) 208-2553

NEW OSM RULES FULFILL CONGRESSIONAL MANDATE TO HELP STATES
PROTECT PROPERTY OWNERS FROM UNDERGROUND COAL MINE DAMAGE

     Robert J. Uram, Director of the Interior Department's Office
of Surface Mining Reclamation and Enforcement (OSM), today
announced new rules for control of damage caused by subsidence of
underground coal mines, fulfilling a congressional mandate and
helping states protect property owners in underground coal mining
regions.

 The new rules have been structured to closely follow the
1992 Energy Policy Act mandate for OSM to fill a gap in its
subsidence rules by requiring coal operators to protect the
homes, churches, meeting halls, and water supplies of coalfield
residents from damage caused by underground mining.
     
     The regulations will be published in the Federal Register of
March 31, 1995.  They go into effect April 30, 1995.
     "The rule requires operators to repair damage they cause to
protected structures and to promptly replace domestic water
supplies that are lost," Uram said.  This repair and replacement
applies to damage caused by all underground coal mining conducted
since October 1992.  The rule standardizes common practices of
many responsible operators by requiring premining surveys of
water supplies and houses and related structures.  The rule
provides that longwall mining operators will be required to use
common-sense procedures to minimize damage to homes where the
cost is reasonable or the effort is necessary to protect people
from serious risk of injury.
    
 Uram said the new regulations are modeled on the "good
neighbor" policies widely followed by conscientious underground
coal operators in many states who already repair or pay for
subsidence damage and restore affected water supplies.
     "What Congress expected is rules designed to see that a
common-sense 'good neighbor' policy becomes the rule nationwide,"
Uram said.  "With the new 
subsidence rule in place, the coal states can get the help they
need from our network of field offices to protect coalfield
residents' homes and water supplies."
   
 The rule meets the congressional desire for speedy
implementation by providing for special enforcement procedures
that become effective immediately in states where OSM is the
regulatory authority.  In primacy states, under normal
procedures, rules would not be effective until states amend their
programs -- a possible delay of one to three years.  To protect
citizens in the interim, OSM has adopted enforcement procedures
based on the state/OSM shared commitment to implementing the
Surface Mining Control and Reclamation Act.  OSM and the states
will consult on how best to implement the rule, and OSM will
provide the public with an opportunity to comment on these
procedures.  Depending on the results of this analysis, within
120 days of the publication of this rule OSM will determine for
each state whether there will be: (1) direct interim federal
enforcement, (2) state enforcement, backed by OSM oversight, or
(3) a combination of direct federal enforcement and state
enforcement.  OSM "will meet the deadlines in the rules for this
evaluation," Uram said.  "This is a top priority, and we are
going to keep our commitment on making these determinations."
  
 OSM has planned an outreach program to make sure industry
understands the new requirements.  Letters have already been sent
to all coal associations alerting them to impending publication
of the rule.  "We want this rule to succeed," Uram stressed.  "We
will work closely with affected citizens and coal companies on
investigating complaints, and I urge all coal companies that have
been waiting for this rule to begin repairs as soon as possible."
 
 OSM made a number of changes to the September 24, 1993,
proposed rule in response to comments.  The most significant was
dropping provisions that concerned commercial buildings and
pipelines.  Upon reviewing comments and the 1992 Energy Policy
Act, OSM concluded the Congress did not intend rules to address
those facilities at this time; therefore, the rule addresses only
features specifically mentioned in the Act.

 Requests for additional information about the new rules, and
for copies, should be directed to Nancy Broderick, Office of
Surface Mining, 1951 Constitution Avenue N.W., Washington, D.C.
20240, (202) 208-2564, TDD (202) 208-2737.


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