COALEX REPORT 179

	Coalex Report 179

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 - 179
June, 1991

Michael Sponsler, Director
Division of Reclamation
Department of Natural Resources
P.O. Box 147
201 W. Main Street
Jasonville, Indiana 47438

TOPIC: INSPECTABLE UNITS LIST (IUL)

INQUIRY: Please locate any OSM Directives which describe when an inspectable unit may be
removed from the IUL. In particular, can we remove a site from the IUL if the bond has been
forfeited and surety is bankrupt?

RESEARCH RESULTS: Using the COALEX Library in LEXIS, three OSM Directives were identified
which discuss "inspectable units". The relevant portions of the Directives are quoted below.
Copies of the complete Directives are attached.

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

1. OSM DIRECTIVE: Subject No. INE-29, Transmittal No. 365, Subject: "Inspectable Units
Inventory" (Issued: August 25, 1987).

Procedures
"(3) inspectable units shall be removed from the IUL when jurisdiction under the regulatory
program is terminated, such as after final bond release, after the bond has been forfeited and
collected, or after an alternative enforcement case is closed under the applicable regulatory
program."


2. OSM DIRECTIVE: Subject No. INE-20, Transmittal No. 395, Subject: "Random Sample
Oversight Inspections" (Issued: November 6, 1987).

Definitions: Random Sampling Inspectable Unit.
"Random sampling inspectable units do not include the following types of operations: 1) coal
exploration, 2) final bond release, 3) permitted but not commenced, 4) abandoned or in the
process of bond forfeiture, and 5) unpermitted (wildcat)."


3. OSM TEMPORARY DIRECTIVE: Subject No. 88-6, Transmittal No. 442, Subject: "Fiscal Year
1988 Procedures or the Evaluation of State Regulatory Programs" (Issued: May 6, 1988).

Procedures for Table 3
"When tabulating inspectable units in this table, include only those inspectable units on State,
Federal or Indian lands for which the State has an inspection obligation. All abandoned and bond
forfeiture sites should also be included (except where the bond has been collected). For the
purposes of Tables 3 and 5, bond forfeiture sites are those for which the regulatory authority is in
the process of forfeiting the bond and should include any sites for which the regulatory authority
would have completed the forfeiture process but could not because the bond monies are
unavailable due to surety insolvency. In accordance with INE-29, bond forfeiture sites should
remain on the inspectable unit list until the regulatory authority has collected the bond."


Also see the following (attached) documents which discuss inspection of abandoned mine sites:

NATIONAL WILDLIFE FEDERATION et al. v LUJAN, No. 88-3345, (D DC August 30, 1990).

56 FR 25036 (JUNE 3, 1991). Notice of suspension.


ATTACHMENTS
A.   OSM DIRECTIVE: Subject No. INE-29, Transmittal No. 365, Subject: "Inspectable Units
     Inventory" (Issued: 8/25/87).
B.   OSM DIRECTIVE: Subject No. INE-20, Transmittal No. 395, Subject: "Random Sample
     Oversight Inspections" (Issued: November 6, 1987).
C.   OSM TEMPORARY DIRECTIVE: Subject No. 88-6, Transmittal No. 442, Subject: "Fiscal
     Year 1988 Procedures or the Evaluation of State Regulatory Programs" (Issued: May 6,
     1988).
D.   NATIONAL WILDLIFE FEDERATION et al. v LUJAN, No. 88-3345, (D DC August 30, 1990).
E.   56 FR 25036 (JUNE 3, 1991). Notice of suspension.


Research conducted by: Joyce Zweben Scall

(Home Page)

Office of Surface Mining
1951 Constitution Ave. N.W.
Washington, D.C. 20240
202-208-2719
getinfo@osmre.gov