(from an announcement found on my desk this morning) "The Office of
Surface Mining Reclamation and Enforcement (OSM) of the US Department of
the Interior (DOI) is proposing an interpretative rule making to address
the question of whether subsidence due to underground mining is a surface
coal mining operation and thus prohibited in areas enumerated in section
522(e) of the Surface Mining Control and Reclamation Act of 1977 (SMCRA).
OSM proposes to interpret SMCRA and implementing rules to provide that
subsidence due to underground mining is not a surface coal mining
operation, and therefore is not prohibited in areas protected under SMCRA
section 522(e) . . ." What is covered under 522(e) includes national parks
and forests, wild and scenic rivers, wildlife refuges, sites and places
under the the National Register and others.  The intent is to move the
subsidence issue to the underground mining act where none of the
previously mentioned situations are enumerated and to specifically deal
with the subsidence issue only to the extent that it a) causes material
damage to structures; b) diminishes the value or the reasonable
foreseeable uses of the surface (but not scientific, historical or
landscape value); c) creates imminent danger, or d) contaminates,
diminishes or interrupts a domestic water supply.  "Congress has
repeatedly recognized that there is little concern that subsidence causes
no significant damage to a surface use or facility or danger to human life
or safety." But, quite obviously, it has few concerns about the
environment, any wilderness areas or wildlife refuges, or archaeological
or historical sites.
 
I have personally seen the results of "minor" subsidence and its effects
can be devastating to archaeological  sites, structures, and the natural
environment of an area.  Where historical structures have been damaged,
they might be repaired but not to a level that would keep historic
integrity or replace rare stained glass, wallpaper or other such unique items.
 
There is an open comment period until 5:00 pm, June 2, 1997.  Comments can
be made electronically to [log in to unmask] or by mail to the
Administrative Record, Office of Surface Mining Reclamation and
Enforcement, 1951 Constitution Ave., NW, Washington, DC 20240.  The full
text of the proposed rule can be found at the OSM home page
http://www.osmre.gov
 
 
William L. Mangold