Impact of the Surface Mine Control and Reclamation Act of 1977 on Professional Land Surveyors

摘要

This report sets forth the analysis of data and the findings of the study conducted for the Office of Surface Mining Reclamation and Enforcement, U.S. Department of the Interior. The Federal Surface Mine Control and Reclamation Act of 1977 requires that valid surface coal mine permit applications include certification of a number of component mine structures by registered engineers. Licensed professional land surveyors object to these provisions believing that they are being unjustly preempted from continuing to supply independent professional services as has been the practice in much of the Appalachian coal region. The Act will have a variety of adverse impacts on a limited number of land surveyors in six Appalachian states. The estimated number of directly affected surveyors is less than 500 and potential income loss is estimated to be between $700,000 and $3.5 million annually. Two major reasons for surveyor preemption were examined. The issue of public health and safety considerations in surface mine plans appears to be overstated for most preempted functions except water impoundments. The issue of surveyor inability to meet technical requirements embodied in the Act also appears to be overstated due to the Act's similarity with technical requirements that have been in effect for a number of years in several state reclamation laws. The record of surveyors' demonstrated competence in past professional service was unchallenged. The principal findings reflect a general area of agreement among knowledgeable parties (by no means unanimous) that theAct be amended to give state governments the power to determine the professional qualifications necessary for certifying surface mine permit applications in their own states. (ERA citation 04:025356)