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REV10838
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REV10838
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Entry Properties
Last modified
8/25/2016 1:21:50 AM
Creation date
11/21/2007 10:17:08 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981038
IBM Index Class Name
Revision
Doc Date
7/10/1991
Doc Name
APPLICABILITY OF SECTION 522 E OF THE SURFACE MINING CONTROL & RECLAMATION ACT TO SUBSIDENCE
From
US DEPT OF INTERIOR
To
OSM
Type & Sequence
PR3
Media Type
D
Archive
No
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3 <br />§ 1291(28)(A). Subsidence from underground mining results only <br />from activities that take place below the surface of lands, not <br />from activities conducted on the surface of lands. Therefore, <br />logically subsidence from underground mining is not included in <br />the definition of "surface coal mining operations." <br />Consistent with the exclusion of subsidence from the definition <br />of "surface coal mining operations," Congress specifically <br />addressed the regulation of subsidence in section 516. Section <br />516 authorizes the Secretary toypromulgate regulations "directed <br />toward the surface effects of underground coal mining <br />operations." Section 516 is not. directed solely toward "surface <br />coal mining operations," but specifically includes subsidence. <br />30 U.S.C. § 1266. <br />Section 522(e), on the other harAd, protects certain Federal, <br />public, and private lands by-prc~hibiting activities which are <br />"surface coal mining operations." Since subsidence is not <br />included in the definition of "s~,urface coal mining operations," <br />and is specifically regulated ur~~der section 516 without regard to <br />that definition, the authority t~:o address this important concern <br />is expressly and exclusively contained in section 516. <br />Moreover, as discussed below,. e' <br />not required by the terms of th <br />history, oSM would have ample a <br />interpretation you are contempl <br />were regarded as silent. or ambi <br />could interpret SMCRA as regula <br />Wand not under section 522(e). <br />n if the above conclusions were <br />statute and the legislative <br />hority to adopt the <br />ing. That is, even if SMCRA <br />ous on this issue~'OSM:clearly <br />ng subsidence under section 516 <br />evron. U.S.A., supra. <br />The Surface Mining Control and Reclamation Act is a complex and <br />delicately balanced piece of legislation that was developed over <br />a number of years. Its development involved negotiation of . <br />compromises to address a series~of highly controversial and <br />difficult issues. Some of the 2iard-fought issues were resolved <br />in relatively general terms, wii:h the specific details left to <br />the implementing agency, the Ofi`ice of Surface Mining Reclamation <br />and Enforcement. ~ . <br />Tit1e~V of. the Act is the portion that sets forth the basic <br />regulatory requirements for coa:L mining operations for which <br />permits are required under the i1ct. Title V includes. provisions <br />which establish requlatory.scheines for surface coal~~mining, <br />underground coal mining,. and-protection of larids unsuitable for <br />surface coal mining operations. This opinion discusses one of <br />the ways in which these regulati~ry schemes interrelate. <br />Analysis of the structure of Ti'_le V and the Act as a whole <br />confirms that Congress set out =elated but separate regulatory <br />
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