COALEX REPORT 150

	Coalex Report 150

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 State Inquiry Report - 150
September 18, 1990

Conrad Spangler
Division of Mined Land Reclamation
P.O. Drawer U
Big Stone Gap, Virginia 24219

TOPIC: BONDING FOR LONG-TERM FACILITIES

INQUIRY: Locate Federal Register notices (preambles, proposed and final rules) which discuss
bonding requirements for coal-related long-term facilities and structures.

SEARCH RESULTS: Using the COALEX Library and the other materials in LEXIS, three relevant
Federal Register notices were identified. A fourth notice referenced in the retrieved materials was
not available through LEXIS or COALEX. Copies of the three notices and a relevant TEMPORARY
DIRECTIVE are attached.  

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

1. 45 FR 6028 (JANUARY 24, 1980). Proposed rule. 
[Not available in LEXIS or COALEX.]


2. 45 FR 52306 (AUGUST 6, 1980). Final rule.
"A new Part 801 was proposed at the suggestion of the petitioners to distinguish between a
surface mine (short duration) bonds and the long-term bonding aspects of underground mines
and coal-related processing facilities." 

   Operations covered by this Part have a life in "excess of 5 years [generally with a 30 - 50 year
lifetime] and continually disturb the same surface areas", requiring a fairly constant bond amount.
A mechanism was required to "cover reclamation of such areas."


3. 46 FR 45082 (SEPTEMBER 9, 1981). Proposed rule.
   The intent of these proposed rule changes was to revise "regulations which were excessive,
burdensome or counterproductive". Changes included deleting 30 CFR Parts 801-809,
incorporating some sections into Part 800. OSM proposed to renumber the retained sections from
Part 801 as section 800.17 (a) - (d).


4. 48 FR 32932 (JULY 19, 1983). Final rule. 
   The following table indicates the final rule revisions: [Table reformatted from original]

OLD SECTION NO.    TOPIC
NEW SECTION NO.

801.1  Scope
Deleted. Considered part of 800.1


801.2  Objective
Deleted. Considered part of 800.2

801.4  Responsibilities
Renumbered. 800.17(a)

801.11  Applicability
Deleted. Constraints to long-term operations will be at the RA's discretion.

801.12  Amount of bond required
Deleted. See 800.14 

801.13  Period of liability
Renumbered 800.17(b)

801.14  Form of bond
Deleted

801.15  Applicability of other sections
Deleted

801.16  Subsidence and mine drainage
Under proposed rules, renumbered 800.17(c). Was deleted under final rules.

801.17  Bond forfeiture
Renumbered 800.17(d) under the proposed rules. Became 800.17(c) under the final rules.


5. TEMPORARY DIRECTIVE, Subject No. REG-19, Transmittal No. 387, "Incidental Boundary
Revisions" (Issued October 19, 1987).
   Modifications which may qualify as incidental boundary revisions include "needed changes in the
location of isolated long-term facilities associated with underground mining activities".


ATTACHMENTS
A.   45 FR 52306 (AUGUST 6, 1980). Final rule.
B.   46 FR 45082 (SEPTEMBER 9, 1981). Proposed rule.
C.   48 FR 32932 (JULY 19, 1983). Final rule. 
D.   TEMPORARY DIRECTIVE, Subject No. REG-19, Transmittal No. 387, "Incidental Boundary
     Revisions" (Issued October 19, 1987).


Research conducted by: Joyce Zweben Scall

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