COALEX REPORT 26

	Coalex Report 26

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 - 26
December 21, 1984

Thomas J. Pike
Surface Mining Manager
Department of Natural Resources
Pouch 7-016
Anchorage, Alaska 99510

TOPIC: TRANSPORTATION FACILITIES/SURFACE MINING OPERATIONS/BRIDGES &
STRUCTURES/AML ELIGIBILITY

INQUIRY: (1) To what extent are transportation facilities (railroad, conveyors, ports, etc.) part of
a surface mining operation?  And, to what extent does differing corporate ownership affect
whether a transportation facility is part of a surface coal mining operation?  (2) With regard to
determining land and water eligible for reclamation pursuant to the Abandoned Mine Land
Program, were any limits envisioned which could exclude bridges or other certain structures from
eligibility under that program, assuming that these structures were built to facilitate coal mining?

SEARCH RESULTS: See below.

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

TRANSPORTATION FACILITIES/SURFACE MINING OPERATIONS

   Since the promulgation of the federal interim regulations, the question of when a facility is to be
considered a part of a surface mining operation has been a recurring problem.  At this date, there
does not appear to be a single, definitive answer.  Judge Flannery, in his July, 1984 ROUND I
opinion, remanded to the Secretary for revision both 30 CFR Sec. 700.5 (surface coal mining
operation) and Sec. 701.5 (coal preparation and coal processing). (IN RE: PERMANENT SURFACE
MINING REGULATION LITIGATION II, ROUND I, Civ. No. 79-1144 (DDC July 6, 1984))

   A COALEX SIGNIFICANT ISSUE REPORT addressing past application of the phrase "surface coal
mining operation" is being prepared and will follow as an addendum to this Report.


BRIDGES & STRUCTURES/AML ELIGIBILITY

   The only reference identified concerning AML funding for structures addressed housing
construction.  SMCRA Sec. 407(h) states that "No part of the funds provided under this title may
be used to pay the actual construction cost of housing."

   No information specifically referencing AML eligibility for bridges or coal mining structures was
identified.  Nor did we find a prior situation in which AML funds have been used for that purpose.

   In the current FY85 appropriations, Congress has approved seed money for subsidence
insurance.  Presently under agency consideration are proposed regulations to allow the
subsidence insurance money to be used for structures as well as land.


Search conducted by: Terri H. Petruska

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