Our Council feels that the definition of a small operator should be increased from 100,000 to 200,000 tons. In terms of coal production, 200,000 tons is a small operator. 3. Our State primacy is undermined due to the Federal Oversight Program. Our 4. Illegal mining and two-acre exemptions encourage unfair competition Illegal operations and two-acre exemptions are selling cheap coal on miners are able to mine and sell their coal much cheaper than anyone Our Council feels that a new assessment is needed concerning penalties for illegal mining. In addition, the two-acre exemption needs to be reconsidered. From our viewpoint, mining is mining, and the law and regulations should apply to everyone commercially mining coal. 5. Payment of legal fees has created issues that perpetuated an Many issues surrounding the Federal Surface Mining Act have been recognized the need to do. Kentucky moved to curb the abuses, but certain attorneys have ignored the progress and through the federal courts and through pressure on OSM, have created a situation that keeps the two-acre abuse issue alive. This lines their pockets with revenues from the federal government rewarding them for their efforts in conjunction with the Federal Surface Mining Act when in fact they have done nothing but perpetuate issues. 6. SMCRA complicates many development activities in Eastern Kentucky. More flexibility in the Federal Surface Mining Act needs to be applied to those situations where commercial development will occur. For example, many shopping centers and developments within cities in Eastern Kentucky have encountered coal in the midst of their development project. There is no logical reason why the developer should not be able to commercially sell this coal to offset the price of development, and yet under current surface mining rules, these developers would have to receive a surface mining permit with all its bells and whistles before it could commercially sell the coal. Development activities of a legitimate nature need to be recognized in the Act and dealt with so that developers can proceed without incurring permitting requirements. Recommendations of the the Small Coal Operators Advisory Council: 1. By opening the Federal Surface Mining Act, we should create greater flexibility on highwall elimination and land owner use of his own land. 2. 3. A two year revegetation period is sufficient to accomplish revegetation and reclamation. This would allow greater land owner use and limit coal operators' liability. An extensive look at the need for hydrologic and geologic data collection needs to be taken and redesign of that effort so that a more logical data collection pattern can be established with better uses and outcomes of that data provided for. 4. 5. The Small Operators Assistance Program needs to be completely More specific direction needs to be addressed in the Federal 6. Stricter penalties and better techniques of eliminating illegal mining need to be devised and incorporated into the Act. 1. 8. 9. Strong consideration as to the elimination of the two-acre exemption needs to occur. Strict limitations on legal fees so that attorneys are not More flexibility for development activities needs to be |