West Virginia Regulatory Program

This document corrects OSM's decision on an amendment submitted by the State of West Virginia as a modification to its permanent regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). OSM published its decision on the provision in the February 9, 1999, Federal Register (64 FR 6201). The decision being corrected concerns subsidence regulations, and specifically concerns certain rules that pertain to an "angle of draw" determination for subsidence damage. This correction is intended to comply with the decision of the United States Court of Appeals for the District of Columbia in National Mining Association v. Babbitt, No. 98-5320 (D.C. Cir., April 27, 1999).