OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by: Joyce Zweben Scall Page 1 of 4

COALEX STATE COMPARISON REPORT - 168

February 8, 1991

Paul Ehret

Department of Mines and Minerals

Land Reclamation Division

300 West Jefferson Street, Suite 300

P.O. Box 10197

Springfield, Illinois 62791-0197

TOPIC: CONFIDENTIALITY OF COAL OWNERSHIP INFORMATION IN PERMIT 

APPLICATIONS

INQUIRY: Several Illinois coal operators have requested that coal ownership information, 

which they provide to the state regulatory authority (RA) as part of the permit application, be 

considered confidential information and not made available to the public. The coal operators are 

concerned about easy access to information on areas where they have future mine interests but 

don't yet own the coal rights. The federal program does not provide for confidentiality of such 

information. Do other states, such as Ohio or Kentucky, have provisions for keeping information 

confidential? 

SEARCH RESULTS: Research was conducted using the COALEX Library in LEXIS and a 

telephone survey to Ohio and Kentucky. Findings are discussed below. Copies of identified 

items are attached, as indicated.

FEDERAL REGULATIONS

The relevant federal language is as follows (copies of the entire sections are attached):

30 CFR 772.15 REQUIREMENTS FOR COAL EXPLORATION; PUBLIC 

AVAILABILITY OF INFORMATION. 

"(b) The [RA] shall keep information confidential if the person submitting it requests in writing, 

at the time of submission, that it be kept confidential and the information concerns trade secrets 

or is privileged commercial or financial information relating to the competitive rights of the 

persons intending to conduct coal exploration."

773.13 REQUIREMENTS FOR PERMITS AND PERMIT PROCESSING; PUBLIC 

PARTICIPATION IN PERMIT PROCESSING.

"(d) Public availability of permit applications.

...
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

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(3) Confidentiality. The [RA] shall provide procedures, including notice and opportunity to be 

heard for persons both seeking and opposing disclosure to ensure confidentiality of qualified 

confidential information, which shall be clearly identified by the applicant and submitted 

separately from the remainder of the application. Confidential information is limited to--

(i) Information that pertains only to the analysis of the chemical and physical properties of the 

coal to be mined, except information on components of such coal which are potentially toxic in 

the environment; 

(ii) Information required under Section 508 of the Act that is not on public file pursuant to State 

law and that the applicant has requested in writing to be held confidential;

(iii) Information on the nature and location of archeological resources on public land and Indian 

land as required under the Archeological Resources Protection Act of 1979...."

778.13 Permit applications -- Minimum requirements for legal, financial, compliance and 

related information; identification of interest.

"(h) A statement of all lands, interest in lands, options of pending bids on interests held or made 

by the applicant for lands contiguous to the area described in the permit application. If requested 

by the applicant, any information required by the Paragraph which is not on public file pursuant 

to State law shall be held in confidence by the [RA], as provided under Section 773.13(d)(3)(ii) 

of this Chapter."

Also see 840.14 State [RA] inspection and enforcement; availability of records.

STATE SURVEY

Using COALEX, the only state identified as having a STATUTE allowing confidentiality of any 

ownership information is Indiana. Section 13-4.1-3-4 (text attached) reads as follows:

"(a)Each reclamation plan...shall include the following...:

(13) With respect to land contiguous to the area to be covered by the permit, a description of that 

land, interests in that land, or options on interests in that land held by the applicant or pending 

bids on interests in that land by the applicant. This information is confidential and not a matter of 

public record." 

The following states were identified as having REGULATIONS that are identical or 

substantially similar to the federal regulations. (Copies of the statute and regulation sections for 

three additional states are attached for review.)

1. Alabama 

2. Arkansas 

3. Colorado 

4. Indiana 

5. Kansas 

6. Kentucky 

7. Louisiana 
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by: Joyce Zweben Scall Page 3 of 4

8. Maryland 

9. Ohio 

10. Oklahoma 

11. Pennsylvania 

12. Virginia 

13. West Virginia 

ADDITIONAL STATE INFORMATION

Two states were contacted by phone for additional information.

1. KENTUCKY

The state regulations require public participation in the permit application process. In practice, 

the only information kept confidential, when it is requested, is trade secret or other information 

relating to competitive rights of operators conducting coal exploration.

2. OHIO

Competitive information for coal exploration operations may be kept confidential. For nonexploration permits, only information on archeological resources may be kept confidential. 

Although the analyses of the physical properties of the coal to be mined may be kept 

confidential, in practice, this information is usually made public because of the toxic nature of 

components of the coal.

OSM DIRECTIVE

Subject No. REG-15, Transmittal No. 548, Subject: Policy and Procedures for Maintaining 

Confidentiality of Permit Application Information (Issued: 6/14/89).

This directive outlines the procedures to be followed by OSM employees in processing 

confidential information submitted as a part of an application for an exploration or mining 

permit, permit revision or permit renewal for operations under OSM's jurisdiction. The 

DEFINITIONS section includes language from all three sections above. (The Directive is 

attached.) 

ATTACHMENTS

A. FEDERAL REGULATIONS: 

1. 772.15 REQUIREMENTS FOR COAL EXPLORATION; PUBLIC 

AVAILABILITY OF INFORMATION. 

2. 773.13 REQUIREMENTS FOR PERMITS AND PERMIT PROCESSING; 

PUBLIC PARTICIPATION IN PERMIT PROCESSING. 
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by: Joyce Zweben Scall Page 4 of 4

3. 778.13 PERMIT APPLICATIONS -- MINIMUM REQUIREMENTS FOR 

LEGAL, FINANCIAL, COMPLIANCE AND RELATED INFORMATION; 

IDENTIFICATION OF INTEREST. 

4. 840.14 STATE REGULATORY AUTHORITY INSPECTION AND 

ENFORCEMENT; AVAILABILITY OF RECORDS. 

B. STATE REGULATIONS 

1. INDIANA: Ind. Admin. Code title 13, Sec. 13-4.1-3-4 (1986). Reclamation plan; 

contents; confidentiality. 

2. ARKANSAS: Ark. Surface Coal Mining and Reclamation Code; Dept. of 

Pollution Control and Ecology, Sec. 786.16 (1986). Protection of confidential 

information. 

3. MARYLAND: Md. Ann. Code art. 76A, Sec. 3 (1978). Custodian to allow 

inspection of public records. 

4. PENNSYLVANIA: Surface Mining Conservation and Reclamation Act, as 

amended October 12, 1984 (PL 916, No. 181), Sec. 4. Mining permit; reclamation 

plan; bond. 

C. OSM DIRECTIVE: Subject No. REG-15, Transmittal No. 548, Subject: Policy and 

Procedures for Maintaining Confidentiality of Permit Application Information (Issued: 

6/14/89).