United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 1995_register executive 2010-09-25 article Part IV Rules and Regulations D09002ee1be063424 D09002ee1be06356f United States Department of the Interior originator org United States Government Agency or Subagency United States Office of Surface Mining Reclamation and Enforcement originator org United States Government Agency or Subagency The Office of Surface Mining Reclamation and Enforcement (OSM) of the U.S. Department of the Interior (DOI) is amending the regulations applicable to underground coal mining and control of subsidence-caused damage to lands and structures and certain water supplies, through the adoption of permitting requirements, performance standards, and implementation procedures. The regulations will require all underground coal mining operations conducted after October 24, 1992, to promptly repair or compensate for material damage to non- commercial buildings and occupied residential dwellings and related structures as a result of subsidence due to underground coal mining operations, and to replace drinking, domestic, and residential water supplies which have been adversely affected by underground coal mining operations. The rule will require repair of damage to include rehabilitation, restoration, or replacement of the identified structures, or compensation to the owners in the full amount of the diminution in value resulting from the subsidence. A pre-subsidence survey will be required to document the condition of non-commercial buildings and occupied residential dwellings and related structures subject to subsidence-related damage caused by underground mining activities. The survey will also be required to document the quantity and quality of all drinking and domestic water supplies that could be contaminated, diminished, or interrupted by subsidence. In addition, a permittee will be required to provide, when necessary, an additional performance bond to cover subsidence-related damage that has occurred to protected structures or water supplies. Within 120 days from the publication of the rule, OSM will, in consultation with the State Regulatory authority, determine for each State with an approved State regulatory program, the enforcement procedures to ensure prompt compliance with section 720(a) of the Surface Mining Control and Reclamation Act (SMCRA) and the implementing regulations. The performance standards implementing section 720(a) are set forth in 30 CFR Secs. 817.41(j) and 817.121(c)(2) and (c)(4). OSM will determine for each such State whether to apply (1) direct interim Federal enforcement of the Energy Policy Act and implementing performance standards, for some or all surface coal mining operations; or (2) the oversight procedures of Secs. 843.11 and 843.12(a)(2); or (3) a combination of direct Federal enforcement and State enforcement. As part of the determination process, OSM will consult with each affected State and provide opportunity for public comment. For each State, OSM will publish its determination in the Federal Register. 60 FR 16722 https://www.govinfo.gov/app/details/FR-1995-03-31/95-7954 95-7954 fr31mr95-23 RIN 1029-AB69 4310-05-P https://www.govinfo.gov/app/details/FR-1995-03-31/95-7954 https://www.govinfo.gov/content/pkg/FR-1995-03-31/html/95-7954.htm https://www.govinfo.gov/content/pkg/FR-1995-03-31/pdf/95-7954.pdf 30 p. 16722 16751 60 FR 16722 Title 30 Part 701 30 CFR Part 701 Title 30 Part 784 30 CFR Part 784 Title 30 Part 817 30 CFR Part 817 Title 30 Part 843 30 CFR Part 843 RIN 1029-AB69 Permanent Regulatory Program; Underground Mining Permit Application Requirements; Underground Mining Performance Standards; Federal Register Vol. 60, Issue RULE 95-7954 IV DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 4310-05-P 95-7954 Final rule.

The Office of Surface Mining Reclamation and Enforcement (OSM) of the U.S. Department of the Interior (DOI) is amending the regulations applicable to underground coal mining and control of subsidence-caused damage to lands and structures and certain water supplies, through the adoption of permitting requirements, performance standards, and implementation procedures. The regulations will require all underground coal mining operations conducted after October 24, 1992, to promptly repair or compensate for material damage to non- commercial buildings and occupied residential dwellings and related structures as a result of subsidence due to underground coal mining operations, and to replace drinking, domestic, and residential water supplies which have been adversely affected by underground coal mining operations. The rule will require repair of damage to include rehabilitation, restoration, or replacement of the identified structures, or compensation to the owners in the full amount of the diminution in value resulting from the subsidence. A pre-subsidence survey will be required to document the condition of non-commercial buildings and occupied residential dwellings and related structures subject to subsidence-related damage caused by underground mining activities. The survey will also be required to document the quantity and quality of all drinking and domestic water supplies that could be contaminated, diminished, or interrupted by subsidence. In addition, a permittee will be required to provide, when necessary, an additional performance bond to cover subsidence-related damage that has occurred to protected structures or water supplies. Within 120 days from the publication of the rule, OSM will, in consultation with the State Regulatory authority, determine for each State with an approved State regulatory program, the enforcement procedures to ensure prompt compliance with section 720(a) of the Surface Mining Control and Reclamation Act (SMCRA) and the implementing regulations. The performance standards implementing section 720(a) are set forth in 30 CFR Secs. 817.41(j) and 817.121(c)(2) and (c)(4). OSM will determine for each such State whether to apply (1) direct interim Federal enforcement of the Energy Policy Act and implementing performance standards, for some or all surface coal mining operations; or (2) the oversight procedures of Secs. 843.11 and 843.12(a)(2); or (3) a combination of direct Federal enforcement and State enforcement. As part of the determination process, OSM will consult with each affected State and provide opportunity for public comment. For each State, OSM will publish its determination in the Federal Register.

May 1, 1995. Nancy R. Broderick, Branch of Federal and Indian Programs, Office of Surface Mining Reclamation and Enforcement, U.S. Department of the Interior, 1951 Constitution Avenue, NW., Washington, DC 20240; telephone (202) 208-2564. Vol. 60, no. 62 Office of the Federal Register, National Archives and Records Administration 1995-03-31 continuing daily deposited born digital 207 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-1995-03-31 P0b002ee180a90eb8 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr31mr95 https://www.govinfo.gov/app/details/FR-1995-03-31 https://www.govinfo.gov/content/pkg/FR-1995-03-31/pdf/FR-1995-03-31.pdf fdlp 16565 16764 DGPO 2010-09-25 2023-05-07 FR-1995-03-31 machine generated eng FR FR-1995-03-31 60 62