Library of COALEX Research Reports

COALEX Research Reports are the products of research and analysis conducted on specific issues relating to the regulation of Surface Mining Control and Reclamation Act of 1977. The research is conducted in response to requests for information from State Regulatory Authorities, under a cooperative agreement between the Office of Surface Mining (OSM) and the Interstate Mining Compact Commission (IMCC).

COALEX refers to the Library of Surface Mining Materials maintained by OSM in LEXIS-NEXIS and is a major source for the research.

Each Report includes a list of resources which were sent as attachments to the individual who requested the research. To obtain a copy of the attachments or to obtain any additional information, contact Joyce Zweben Scall by phone at 202-686-9138 or by email at JZScall@aol.com.

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COALEX STATE COMPARISON REPORT - 315

February 1995

Charles Gardner, Director
Division of Land Resources
Department of Environment, Health and Natural Resources
P.O. Box 27687
Raleigh, North Carolina 27611-7687

TOPIC: REGULATION OF NON-COAL ON FEDERAL LANDS

INQUIRY: North Carolina currently exempts non-coal mining operations located on U.S. Department of Agriculture Forest Service lands from complying with state reclamation laws. Do other IMCC-member states allow the same exemption?

SEARCH RESULTS: Seven IMCC-member states were contacted by phone regarding regulation of non-coal mining operations on federal forest service lands in their states: Alabama, Kentucky, Pennsylvania, South Carolina, Tennessee, Virginia and West Virginia. Of these, only two states, Alabama and South Carolina, exempt non-coal mining operations from the requirement to obtain a state permit and comply with state regulations for reclamation, bonding, etc. Alabama encourages these mining operations to comply with reclamation regulations. South Carolina, at its descretion, may require a non-coal mining operation on federal lands to obtain a permit. The remaining states indicated that state regulations for non-coal mines apply to all operations; the regulations do not differentiate between those operations located on state lands versus those on federal lands.

Specific state responses to the survey are attached.

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Survey conducted by: Joyce Zweben Scall

TABLE OF RESPONSES

QUESTION: DOES YOUR STATE EXEMPT NON-COAL MINING OPERATIONS LOCATED ON FEDERAL LANDS FROM COMPLYING WITH STATE PERMTITING AND RECLAMATION REQUIREMENTS?

STATE	YES/NO	DETAILS
ALABAMA	YES	Non-coal mining operations located on federal lands are not required to obtain a state permit. Such Operations are not required to meet state reclamation regulations but are encouraged to do so.
KENTUCKY	NO	There is no exemption for non-coal mining operations located on federal lands. All operations follow the same regulations.
PENNSYLVANIA	NO	All non-coal mining operations are required to follow state laws regardless of whether they are Located on state or federal lands.
SOUTH CAROLINA	YES	At the state's discretion, a non-coal mining operator may be required to obtain a permit for mining on federal lands. Prior to 1990, non-coal mining on federal lands was totally exempt from state permitting requirements.
TENNESSEE	NO	All non-coal mining operations are required to follow state laws.
VIRGINIA	NO	The state non-coal regulatory program applies to all such operations regardless of location.
WEST VIRGINIA	NO	There is no exclusion fornon-coal mining operations located on federal forest service lands. All non-coal operations are regulated the same under state statutes.

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