OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by: S. Michele Manning

Page 1 of 2

COALEX STATE INQUIRY REPORT – 95

May 11, 1988

John Jasper

Office of General Counsel

Natural Resources and Environmental Protection Cabinet

5th Floor, Capital Plaza Tower

Frankfort, KY 40601

TOPIC: COAL EXPLORATION NOTICES: LEGISLATIVE HISTORY

INQUIRY: Please research the legislative history of the coal exploration notice requirements.

SEARCH RESULTS: Section 512(a) of the Surface Mining Control and Reclamation Act of 

1977 (SMCRA) requires that any coal exploration operation which substantially disturbs the land 

surface be conducted in accordance with the state or federal regulations. This section then 

requires that any regulations pertaining to coal exploration operations include certain minimum 

requirements. One of these requirements, mandated by SMCRA is that, prior to conducting any 

exploration activities, an operator must file a notice of intention to explore the proposed area.

Prior to 1976, both the House and Senate versions of the proposed surface mining legislation 

required that any coal exploration operation which would substantially disturb the area was to 

obtain a permit from the regulatory authority. (See, e.g., S. Rep. No. 28, 94th Cong., 1st Sess. 72 

(1975).) This provision required any person to obtain a permit "by submitting an application 

similar to, but simpler than, that for a mining operation." (Id. at 211.) An operator was also 

required to submit an application fee. 

The permit requirement for coal exploration operations conducted on state lands was deleted in 

the first session of the 94th Congress. This requirement was replaced by a provision requiring 

that a notice of intention be filed with the regulatory authority. However, permits were still 

required for exploration operations conducted on federal lands. (See 122 Cong. Rec. H30322 

(1976).) This requirement was later deleted. It should also be noted that this version did not 

require specific written approval for the removal of more than 250 tons of coal.

The explanation accompanying the deletion of permit requirements explained the reasons for the 

change:

"The previous bill would have required application for conducting exploration for coal. 

Exploration often results in environmental damage and the Committee believes that a full 

permitting program is justified to control exploration activities. Nevertheless, a simpler 

procedure could be imposed to achieve the needed degree of regulation. Thus, the 

Committee has eliminated the permitting process for coal exploration on lands within the 

jurisdiction of the states. Section 512 now requires that prior to exploration, notice be 
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by: S. Michele Manning

Page 2 of 2

given of intention to conduct exploration and that all exploration be conducted pursuant 

to regulations designed to require reclamation of disturbed lands. By imposing penalties 

for violations of the exploration regulations, the Committee believes that the bill will 

adequately protect the environment without imposing the extensive and time consuming 

permitting procedure." (H.R. Rep. No. 1445, 94th Cong., 2nd Sess. 7 (1976))

Thus, it appears that while Congress intended to maintain the environmental safeguards of the 

permitting requirements, it felt that the notice requirements imposed would achieve the necessary 

protection without the expenditure of the time and effort necessary to obtain a complete permit.

In the 1997 version of SMCRA, which was passed by both houses and signed into law by 

President Carter, the exploration notice provision was essentially identical to that found in the 

1976 bill, except that the section pertaining to the written approval for operations exceeding 250 

tons was added. (See S. Rep. No. 337, 95th Cong., 1st Sess. 43, 106 (1977).)

Thus, the legislative history offers very little insight as to exactly what Congress intended the 

notice provisions of Section 512 to include.

ATTACHMENTS

A. S. Rep. No. 28, 94th Cong., 1st Sess. (1975). 

B. 122 Cong. Rec. H30322 (1976). 

C. H.R. Rep. No, 1445, 94th Cong., 2nd Sess. (1976). 

D. S. Rep. No. 337, 95th Cong., 1st Sess. (1977).