COALEX REPORT 315

	Coalex Report 315

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 - 315
January, 1995

Olga Brunning, Esquire
Department of Natural Resources
Tawes Building
580 Taylor Avenue, Room C-4
Annapolis, Maryland 21401

TOPIC: SOAP - 507(c)

INQUIRY: Please supply a copy of the final rules for 30 CFR Part 795 - Small Operator Assistance
Program (SOAP) which implement the latest amendments passed by Congress. Of particular
interest is information on the services covered by the program (services paid for by OSM).

SEARCH RESULTS: LEXIS was used to identify the preamble and federal regulations printed in the
Federal Register that implement the SOAP amendments which were part of the most recent AML
reauthorization act. A summary of the changes to the SOAP are listed below. The full text of the
Federal Register notice is attached.

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

59 FR 28136 (MAY 31, 1994).  Final rule.  Abandoned Mine Land Reclamation Fund
Reauthorization Implementation.  Part 795  Small Operator Assistance Program (SOAP).
  28139. III. Final Rules and Disposition of Comments. Part 795 SOAP. General
"The initial authorization for the SOAP at Section 507(c) of SMCRA provided certain technical
permitting services for hydrology and overburden and geology for operators annually producing
100,000 tons or less of coal from all locations. These technical services are directly linked to the
permitting requirements associated with the determination of probable hydrologic consequences
(PHC) and the statement of results of test borings.  

"The Abandoned Mine Land Act of 1990 amended Section 507(c) by raising the annual coal
production cap from 100,000 to 300,000 tons at all locations for eligibility for the technical
permitting services provided under the program.

"The Energy Policy Act of 1992, Public Law 102-486, further amended Section 507(c) by adding
enhancements to the program's basic services in order to provide a more complete permitting
package. These enhancements include: Engineering analyses and designs necessary for the PHC;
cross-section maps required by the permitting provisions of SMCRA; collection of archaeological and
historical information; collection of site-specific resource information and production of protection
and enhancement plans for fish and wildlife habitat and other environmental values; and pre-blast
surveys. Furthermore, geologic drilling for the collection of samples associated with the
requirements for the statement of the results of test borings is authorized. The Energy Policy Act
also reduced the operator's liability period for reimbursement of costs from up to five years or the
length of the permit, whichever is shorter, as specified in OSM regulations, to 12 months starting
with the date the operator is issued the permit."


ATTACHMENTS
1.   59 FR 28136 (MAY 31, 1994).  Final rule.  Abandoned Mine Land Reclamation Fund
     Reauthorization Implementation.  Part 795  Small Operator Assistance Program (SOAP).


Research conducted by: Joyce Zweben Scall

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