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This is the Office of Surface Mining's library of COALEX Research Reports. COALEX is a database of mining and reclamation information, including the Surface Mining Law and regulations, maintained in LEXIS-NEXIS -- a commercial, on-line research service. These reports have been compiled under a cooperative agreement between the Office of Surface Mining and the Interstate Mining Compact Commission, which represents most U.S. coal producing states. The following report includes an analysis of a specific issue requested by a state regulatory authority with responsibility for carrying out the Surface Mining Law. Copies of the research reports and attachments are available to the public, upon request. For additional information, or to obtain copies of the listed attachments, contact Ron Tarquinio by phone at (202) 208-2882 or by e-mail at rtarquin@osmre.gov. 
                   

COALEX Significant Issue Report - 346
October, 1998

TOPIC: DAMAGE TO STRUCTURES AND REPLACEMENT OF WATER SUPPLIES

SEARCH RESULTS: This Report consists of a variety of materials relating to SMCRA section 720
which provides for repair or compensation for subsidence-related damage to structures and the
replacement of water supplies affected by subsidence. 

The Energy Policy Act of 1992, Pub. L. 102-486 amended SMCRA by adding a new section 720.
OSM's proposed rules on subsidence were published on September 24, 1993 (58 FR 50174) and
the final rules were published on March 31, 1995 (60 FR 16722). Beginning in 1995, states began
submitting proposed amendments to their existing regulatory programs to address section 720
and the OSM rules. The validity of the rules was upheld by U.S. District Court Judge William
Bryant following a challenge by the coal industry (NATIONAL MINING ASSOCIATION v BABBITT,
C.A. No. 95-0938, decided May 29, 1998).

At the September, 1998 meeting of the Conference of Government Mining Attorneys (COGMA),
Gregory Conrad, the Executive Director of the Interstate Mining Compact Commission (IMCC)
presented a paper containing a comparison among the OSM rules, the court's findings and
OSM/State discussions.  The paper included an overview of state program amendments and
implementation concerns.  

Copies of SMCRA section 720, Federal Register Notices relating to OSM rules and state program
amendments, the court's decision, and Mr. Conrad's paper are attached.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

ATTACHMENTS
1.   30 CFR section 720 (30 USC section 1309a).  Subsidence.
2.    58 FR 50174 (SEPTEMBER 24, 1995).  Proposed rule.  Underground mining permit
     application requirements and performance standards.
3.   60 FR 16722 (MARCH 31, 1995).  Final rule.  Underground mining permit application
     requirements and performance standards.
4.   NATIONAL MINING ASSOCIATION v BABBITT, C.A. No. 95-0938 (D.C. D.C.  Decided May
     29, 1998).
5.   "State Implementation of Subsidence Rules re. Damage to Structures and Replacement of
     Water Supplies", presented by Gregory Conrad, Executive Director of the IMCC, before
     COGMA (September 10, 1998).
6.   List of Federal Register Notices (from LEXIS) of proposed and final federal rules on
     subsidence, material damage or replacement of water supply.
7.   List of Federal Register Notices (from LEXIS) of proposed and final state program
     amendments on subsidence.
8.   ALABAMA 
     a.   60 FR 20250 (APRIL 25, 1995).  Proposed rule; extension of public comment
          period.
     b.   60 FR 38675 (JULY 28, 1995).  Notice of decision.
     c.   63 FR 23403 (APRIL 29, 1998).  Proposed rule; public comment period and
          opportunity for public hearing.
     d.   63 FR 35805 (JULY 1, 1998).  Final rule; approval of amendment.
     e.   63 FR 45192 (AUGUST 25, 1998).  Proposed rule; public comment period and
          opportunity for public hearing.
9.   ALASKA
     60 FR 38482 (JULY 27, 1995).  Notice of decision.
10.  ARKANSAS
     a.   60 FR 38487 (JULY 27, 1995).  Notice of decision.
     b.   61 FR 19881 (MAY 3, 1996).  Proposed rule; public comment period and
          opportunity for public hearing.
     c.   62 FR 23129 (APRIL 29, 1997).  Final rule; approval of amendment.
11.  COLORADO
     a.   60 FR 38491 (JULY 27, 1995).  Notice of decision.
     b.   60 FR 39773 (JULY 28, 1995).  Proposed rule; public comment period and
          opportunity for public hearing on proposed amendment.
     c.   60 FR 64115 (DECEMBER 14, 1995).  Final rule; approval of amendment.
     d.   61 FR 47722 (SEPTEMBER 10, 1996).  Proposed rule; public comment period and
          opportunity for public hearing on proposed amendment.
     e.   61 FR 58800 (NOVEMBER 19, 1996).  Proposed rule; public comment period and
          opportunity for public hearing on proposed amendment.
     f.   61 FR 59332 (NOVEMBER 22,1996).  Final rule; approval of amendment.
12.  ILLINOIS
     a.   60 FR 38677 (JULY 28, 1995).  Notice of decision.
     b.   61 FR 26801 (MAY 29, 1996).  Final rule; approval of amendment.
13.  INDIANA
     a.   60 FR 16985 (APRIL 4, 1995).  Final rule; approval of amendment.
     b.   60 FR 19669 (APRIL 20, 1995).  Final rule; approval of amendment.
     c.   60 FR 38680 (JULY 28, 1995).  Notice of decision.
     d.   60 FR 56515 (NOVEMBER 9, 1995).  Final rule; approval of amendment
          [Excerpts].
     e.   61 FR 26443 (MAY 28, 1996).  Final rule; clarification/approval of amendment.
     f.   62 FR 7189 (FEBRUARY 18, 1997).  Proposed rule; public comment period and
          opportunity for public hearing on proposed amendment.
     g.   62 FR 44897 (AUGUST 25, 1997).  Final rule; approval of amendment.
14.  IOWA
     a.   60 FR 38496 (JULY 27, 1995).  Notice of decision.
     b.   61 FR 67967 (DECEMBER 26, 1996).  Proposed rule; public comment period and
          opportunity for public hearing on proposed amendment.
     c.   62 FR 16490 (APRIL 7, 1997).  Final rule; approval of amendment.
15.  KANSAS (See Iowa)
     60 FR 38496 (JULY 27, 1995).  Notice of decision. 
16.  KENTUCKY
     a.   60 FR 33110 (JUNE 27, 1995).  Final rule; approval of amendment.
     b.   60 FR 38682 (JULY 28, 1995).  Notice of decision.
     c.   62 FR 46933 (SEPTEMBER 5, 1997).  Proposed rule; public comment period and
          opportunity for public hearing on proposed amendment.
     d.   63 FR 45430 (AUGUST 26, 1998).  Proposed rule; reopening of public comment
          period.
17.  LOUISIANA (See Arkansas)
     60 FR 38487 (JULY 27, 1995).  Notice of decision.
18.  MARYLAND
     60 FR 38685 (JULY 28, 1995).  Notice of decision.
19.  MISSISSIPPI (See Alabama)
     a.   60 FR 20250 (APRIL 25, 1995).  Proposed rule; extension of public comment
          period.
     b.   60 FR 38675 (JULY 28, 1995).  Notice of decision.
20.  MISSOURI (See Iowa)
     60 FR 38496 (JULY 27, 1995).  Notice of decision.
21.  MONTANA (See Alaska)
     60 FR 38482 (JULY 27, 1995).  Notice of decision.
22.  NEW MEXICO 
     a.   60 FR 22332 (MAY 5, 1995).  Proposed rule; public comment period and
          opportunity for public hearing on proposed amendment.
     b.   60 FR 38491 (JULY 27, 1995).  Notice of decision. (See Colorado)
     c.   61 FR 3625 (FEBRUARY 1, 1996).  Proposed rule; public comment period and
          opportunity for public hearing on proposed amendment.
     d.   61 FR 26825 (MAY 29, 1996).  Final rule; approval of amendment with one
          exception and additional requirements.
23.  NORTH DAKOTA (See Alaska)
     60 FR 38482 (JULY 27, 1995).  Notice of decision.
24.  OHIO
     60 FR 38500 (JULY 27, 1995).  Notice of decision.
25.  OKLAHOMA
     a.   60 FR 38487 (JULY 27, 1995).  Notice of decision. (See Arkansas)
     b.   61 FR 40369 (AUGUST 2, 1996).  Proposed rule; public comment period and
          opportunity for public hearing on proposed amendment.
     c.   61 FR 49284 (SEPTEMBER 19, 1996).  Proposed rule; reopening and extension of
          public comment period on proposed amendment.
     d.   61 FR 67213 (DECEMBER 20, 1996).  Final rule; approval of amendment.
26.  PENNSYLVANIA
     a.   60 FR 38685 (JULY 28, 1995).  Notice of decision.  (See Maryland)
     b.   63 FR 45199 (AUGUST 25, 1998).  Proposed rule; public comment period and
          opportunity for public hearing.
27.  TEXAS (See Arkansas)
     60 FR 38487 (JULY 27, 1995).  Notice of decision.
28.  UTAH
     a.   60 FR 37002 (JULY 19, 1995).  Final rule; approval of amendment.
     b.   60 FR 38491 (JULY 27, 1995).  Notice of decision.   (See Colorado)
     c.   62 FR 41845 (AUGUST 4, 1997).  Final rule; approval of amendment.
     d.   63 FR 17138 (APRIL 8, 1998).  Proposed rule; public comment period and
          opportunity for public hearing.
29.  VIRGINIA
     a.   60 FR 38689 (JULY 29, 1995).  Notice of decision.
     b.   61 FR 29506 (JUNE 11, 1996).  Proposed rule; public comment period and
          opportunity for public hearing.
     c.   61 FR 38422 (JULY 24, 1996).  Proposed rule; reopening of comment period.
     d.   61 FR 48110 (SEPTEMBER 12, 1996).  Proposed rule; public comment period and
          opportunity for public hearing.
     e.   62 FR 16509 (APRIL 7, 1997).  Proposed rule; reopening of comment period.
     f.   62 FR 60658 (NOVEMBER 12, 1997).  Final rule; correction.
     g.   62 FR 48758 (SEPTEMBER 17. 1997).  Final rule; approval of amendment.
30.  WEST VIRGINIA
     a.   60 FR 38691 (JULY 28, 1995).  Notice of decision.
     b.   61 FR 6511 (FEBRUARY 21, 1996).  Final rule; approval of amendment.
     c.   62 FR 31543 (JUNE 10, 1997).  Proposed rule.
31.  WYOMING (See Alaska)
     60 FR 38482 (JULY 27, 1995).  Notice of decision.


Research conducted by: Joyce Zweben Scall

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