OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by: Joyce Zweben Scall Page 1 of 2

COALEX STATE INQUIRY REPORT - 315

January 1995

Olga Brunning, Esquire

Department of Natural Resources

Tawes Building

580 Taylor Avenue, Room C-4

Annapolis, Maryland 21401

TOPIC: SOAP - 507(c)

INQUIRY: Please supply a copy of the final rules for 30 CFR Part 795 - Small Operator 

Assistance Program (SOAP) which implement the latest amendments passed by 

Congress. Of particular interest is information on the services covered by the program 

(services paid for by OSM). 

SEARCH RESULTS: LEXIS was used to identify the preamble and federal regulations 

printed in the Federal Register that implement the SOAP amendments which were part 

of the most recent AML reauthorization act. A summary of the changes to the SOAP are 

listed below. The full text of the Federal Register notice is attached. 

59 FR 28136 (MAY 31, 1994). Final rule. Abandoned Mine Land Reclamation Fund 

Reauthorization Implementation. Part 795 Small Operator Assistance Program 

(SOAP).

28139. III. Final Rules and Disposition of Comments. Part 795 SOAP. General

"The initial authorization for the SOAP at Section 507(c) of SMCRA provided certain 

technical permitting services for hydrology and overburden and geology for operators 

annually producing 100,000 tons or less of coal from all locations. These technical 

services are directly linked to the permitting requirements associated with the 

determination of probable hydrologic consequences (PHC) and the statement of results 

of test borings. 

"The Abandoned Mine Land Act of 1990 amended Section 507(c) by raising the annual 

coal production cap from 100,000 to 300,000 tons at all locations for eligibility for the 

technical permitting services provided under the program.

"The Energy Policy Act of 1992, Public Law 102-486, further amended Section 507(c) 

by adding enhancements to the program's basic services in order to provide a more 
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by: Joyce Zweben Scall Page 2 of 2

complete permitting package. These enhancements include: Engineering analyses and 

designs necessary for the PHC; cross-section maps required by the permitting 

provisions of SMCRA; collection of archaeological and historical information; collection 

of site-specific resource information and production of protection and enhancement 

plans for fish and wildlife habitat and other environmental values; and pre-blast surveys. 

Furthermore, geologic drilling for the collection of samples associated with the 

requirements for the statement of the results of test borings is authorized. The Energy 

Policy Act also reduced the operator's liability period for reimbursement of costs from up 

to five years or the length of the permit, whichever is shorter, as specified in OSM 

regulations, to 12 months starting with the date the operator is issued the permit."

ATTACHMENTS

1. 59 FR 28136 (MAY 31, 1994). Final rule. Abandoned Mine Land Reclamation 

Fund Reauthorization Implementation. Part 795 Small Operator Assistance 

Program (SOAP).