Alaska, Montana, North Dakota, and Wyoming Regulatory Programs

OSM is announcing its decision on initial enforcement of underground coal mine subsidence control and water replacement requirements in Alaska, Montana, North Dakota, and Wyoming. Amendments to the Surface Mining Control and Reclamation Act of 1977 (SMCRA) and the implementing Federal regulations require that underground coal mining operations conducted after October 24, 1992: promptly repair or compensate for subsidence-caused material damage to noncommercial buildings and to occupied residential dwellings and related structures and promptly replace drinking, domestic, and residential water supplies that have been adversely affected by underground coal mining. After consultation with Alaska, Montana, North Dakota, and Wyoming and consideration of public comments, OSM has decided that initial enforcement in Alaska and North Dakota will be accomplished through the State program amendment process; in Montana through State enforcement and, if necessary, direct Federal enforcement; and in Wyoming through State enforcement and the State program amendment process.