Subject: 

Approval: 

u:s. DEPARTMENT OF THE JNTERIO SubiectNumber: 

OFFICE OF SURFACE MININGr:r_sR_-s-:--:-:~---1 RECLAMATION AND ENFORCEMENT T;mttal Number: 

DIRECTIVES SYSTEM. Date: 11/10/87 

Alternative Postmining Land Use Requirements for Real Property 

Director 

1. Purpose. This directive provides guidance on t~e Office of 

Surface Mining Reclamation and Enforcement's (OSMRE) regulations 

concerning approval for retention of real property improvements 

as part of an alternative postmining land use at sites disturbed 

by surface coal mining and reclamation operations. 

2. Definitions. Real property improvements means a facility or 

structure used during a mining and reclamation operation that is 

allowed to remain as part of the postmining land use as approved 

by the regulatory authority in accordance with 30 CFR 715.13(d), 

816.133(c), or 817.133(c). 

3. Policy/Procedures. 

a. Policy. 

· • (1) Section 515(b) (2) of the Surface Mining Control and 

Reclamation Act {SMCRA) requires that land affected by surface 

coal mining· operations be restored to a condition. capable of 

supporting its premining land use, or as an alternative, a land 

use which is higher or better as defined in 30 CFR 701.5 than the 

premining land use. 

OSM/103 · 

(2) OSMRE' s regulations implementing section 515(b) (2) in 

30 CFR 715.13 of the initial regulatory program and 30 CFR 

816.133 of the permanent regulatory program provide, among other 

things, that the regulatory authority may approve an alternative 

postmining land use if the proposed alternative land use meets 

the criteria for such approval under 30 CFR 715.13(d) (initial 

program) and 30 CFR 816.133(c) (permanent program). 

(3) Key to application of the criteria in 30 CFR 

715.13(d) and 30 CFR 816.133(c) is the reasonable likelihood for 

achievement of the postmining land use plan. This deci~ion must 

be made by the regulatory authority on a case-by-case basis. 

b. Procedures. 

(l) Initial Program. 

(a) 

improvements as 

obtain approval 

Operators proposing retention of real property 

part of an alternative postmining land use must 

of such proposal from the regulatory authority. 

7/22/86 
(b) The regulatory authority may approve retention of real property improvements as part of an alternative postmining land use if the regulatory authority determines that the proposal meets the criteria enunciated in 30 CFR 715.13(d). 

, (c) For preparation plants, this subsection applies to sites subject to jurisdiction under SMCRA but not required to 

apply for a permanent program permit. For certain preparation plants which do not or did not separate coal from its impurities, the effective dates of the May 11, 1987, Federal Register notice (52 FR 17724) apply. 

(d) Under 30 CFR 715.13(d), included in the approval process is a requirement that the regulatory authorit~ provide by public notice, not less than 45 days nor more than 0 days, for interested citizens and local, State and Federal agencies to review and comment on the proposed alternative postmining land use. Because of a 1980 District Court decision which struck down identical provisions in the permanent program regulations as inconsistent with SMCRA, the provisions of 30 CFR 715.13(d)(4) regarding specific letters of commitment and 30 CFR 715.13(d)(9)(i) regarding firm written commitments, may not be enforceable, and compliance should not be required. 

(2) Permanent Program. 

(a) Operators proposing retention of real property improvements as part of an alternative postmining land use must obtain approval of such proposal from tbe regulatory authority prior to bond release. Any changes to the postmining land use should be approved during the permitting process or as a revision to the permit. 

(b) The regulatory authority may approve real 

property improvements as part of an alternative postmining land 

use if the regulatory authority determines that the real property improvements meet the criteria enunciated in 30 CFR 816.133(c) and 30 CFR 817.133(c). 

(c) Bonds posted for reclamation must be adequate to complete the approved reclamation plan, so that the land will be capable of supporting the approved postmining land use. To the extent that the approved reclamation plan allows retention of real property improvements as part of the postmining land use, the performance bond does not need to cover the cost of removing the improvements. 

4. Reporting Re¥uirement. As required by the applicable permitting regu ations. 

5. References. 

a. Public Law 95-87, Section 515(b)(2). b. 30 CFR 715.13(d), 30 CFR 785.21(b), 30 CFR 816.133. 
6. Effect On Other Documents. None. 

7. Effective Date. Upon issuance. 

8. Contact. Chief, Division of Technical Services (202) 343-1480.