Government Regulation Of Subsidence Due To Underground Coal Mining And Its Impact On Future Subsidence Research - Background Of The Surface Mining Control And Reclamation Act And Federal Subsidence Control Regulation

In order to put an end to the uneven environmental standards and enforcement established by various coal mining States in the United States, the Congress passed and the President signed the Surface Mining Control and Reclamation Act (Public Law 95-87 or the Act) on August 3, 1977. Within one year after passage, the Secretary of the Interior was directed to promulgate permanent program regulations implementing Title V provisions of the Act. These regulations were to form the basis for State regulatory programs under the Act and to allow States to assume primary regulatory responsibility. In order to implement the underground mining provision of the Act, the Secretary is directed in section 516(a) of the Act to promulgate rules, but ones which take into consideration the distinct differences between surface coal mining and underground coal mining. The regulations developed by the Secretary and promulgated on March 13, 1979, with respect to subsidence control, included (1) a subsidence control plan as part of the permitting process, (2) substantive provisions establishing performance standards for subsidence control, and (3) provisions providing for the prohibition of mining under perennial streams, impoundments larger than 20 acre feet, and certain public facilities and urban areas.