COALEX REPORT 325

	Coalex Report 325

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 - 325
June, 1995

Paige Oliverio
Office of the Attorney General
Division of Environmental Protection Building
10 McJunkin Road
Nitro, West Virginia 25143-2506

TOPIC: DEFINITION OF "STRUCTURE" ON ABANDONED MINE SITES

INQUIRY: Please locate any materials that define what constitutes a "structure" on abandoned
mine lands or describes the state's rights and duties regarding "structures" remaining on
abandoned sites the state is reclaiming. What are the ramifications for reclamation if the
"structures" were used as collateral on a loan to lease the property?

SEARCH RESULTS: The COALEX Library and other materials in LEXIS were used to research this
inquiry. No materials were identified that address the specific issue of "structures" on abandoned
sites which are used as collateral on loans. The only significant material identified defining what
constitutes a "structure" on abandoned mine sites comes from the Final Guidelines for Reclamation
Programs and Projects published in the March 6, 1980 Federal Register (45 FR 14810).  

  The 1980 Guidelines, excerpts from other relevant Federal Register preambles, including the AML
Fund Reauthorization Implementation, and a related MSHA case are attached.

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

45 FR 14810 (MARCH 6, 1980). Abandoned Mine Land Reclamation Program. Final Guidelines for
Reclamation Programs and Projects.
   "A. Definitions.
   1. Abandoned Property - Real and personal property, associated with past mining activities, that
has been forsaken or deserted by an owner. This includes real estate, structures, and equipment.   

a. Abandoned Structures - Abandoned permanent improvements or fixtures firmly attached to the
land and considered as part of real property. Abandoned structures include but are not limited to
coal tipples, coal washers, storage and grading facilities, loading docks, rail spurs, concrete
foundations, dams, reservoirs, and bridges. Other items such as crushers, elevators, bins, loaders,
conveyors and similar equipment are within this definition if firmly affixed to the land."

   The Guidelines also address such issues as: "Consent requirements and responsibility", "Written
consent versus police power" and "Environmental evaluation requirements".


ATTACHMENTS
A.   45 FR 14810 (MARCH 6, 1980). Abandoned Mine Land Reclamation Program. Final
     Guidelines for Reclamation Programs and Projects.
B.   53 FR 47378 (NOVEMBER 22, 1988). Final rule. Definitions: Support facilities. [Excerpts]
C.   58 FR 50174 (SEPTEMBER 24, 1993). Proposed rule. Underground mining permit
     application requirements; Underground mining performance standards. [Excerpts]
D.   59 FR 28136 (MAY 31, 1994). Final rule. AML Fund Reauthorization Implementation.
     [Excerpts]
E.   60 FR 16722 (MARCH 31, 1995). Final rule. Underground mining permit application
     requirements; Underground mining performance standards. [Excerpts]
F.   LANCASHIRE COAL CO. v SEC. OF LABOR, MINE SAFETY AND HEALTH ADMIN. (MSHA),
     968 F 2d 388 (3rd Cir 1992).


Research conducted by: Joyce Zweben Scall

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