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 - 325

June 1995

Paige Oliverio

Office of the Attorney General

Division of Environmental Protection Building

10 McJunkin Road

Nitro, West Virginia 25143-2506

TOPIC: DEFINITION OF "STRUCTURE" ON ABANDONED MINE SITES

INQUIRY: Please locate any materials that define what constitutes a "structure" on 

abandoned mine lands or describes the state's rights and duties regarding "structures" 

remaining on abandoned sites the state is reclaiming. What are the ramifications for 

reclamation if the "structures" were used as collateral on a loan to lease the property? 

SEARCH RESULTS: The COALEX Library and other materials in LEXIS were used to 

research this inquiry. No materials were identified that address the specific issue of 

"structures" on abandoned sites which are used as collateral on loans. The only 

significant material identified defining what constitutes a "structure" on abandoned mine 

sites comes from the Final Guidelines for Reclamation Programs and Projects published 

in the March 6, 1980 Federal Register (45 FR 14810). 

The 1980 Guidelines, excerpts from other relevant Federal Register preambles, 

including the AML Fund Reauthorization Implementation, and a related MSHA case are 

attached.

45 FR 14810 (MARCH 6, 1980). Abandoned Mine Land Reclamation Program. Final 

Guidelines for Reclamation Programs and Projects.

"A. Definitions.

"1. Abandoned Property - Real and personal property, associated with past mining 

activities, that has been forsaken or deserted by an owner. This includes real estate, 

structures, and equipment. 

"a. Abandoned Structures - Abandoned permanent improvements or fixtures firmly 

attached to the land and considered as part of real property. Abandoned structures 

include but are not limited to coal tipples, coal washers, storage and grading facilities, 

loading docks, rail spurs, concrete foundations, dams, reservoirs, and bridges. Other 
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by: Joyce Zweben Scall Page 2 of 2

items such as crushers, elevators, bins, loaders, conveyors and similar equipment are 

within this definition if firmly affixed to the land."

The Guidelines also address such issues as: "Consent requirements and responsibility", 

"Written consent versus police power" and "Environmental evaluation requirements".

ATTACHMENTS

A. 45 FR 14810 (MARCH 6, 1980). Abandoned Mine Land Reclamation Program. 

Final Guidelines for Reclamation Programs and Projects. 

B. 53 FR 47378 (NOVEMBER 22, 1988). Final rule. Definitions: Support facilities. 

[Excerpts] 

C. 58 FR 50174 (SEPTEMBER 24, 1993). Proposed rule. Underground mining 

permit application requirements; Underground mining performance standards. 

[Excerpts] 

D. 59 FR 28136 (MAY 31, 1994). Final rule. AML Fund Reauthorization 

Implementation. [Excerpts] 

E. 60 FR 16722 (MARCH 31, 1995). Final rule. Underground mining permit 

application requirements; Underground mining performance standards. 

[Excerpts] 

F. LANCASHIRE COAL CO. v SEC. OF LABOR, MINE SAFETY AND HEALTH 

ADMIN. (MSHA), 968 F 2d 388 (3rd Cir 1992).