§1309a — Title 30 Mineral Lands and Mining | U.S. Code

Summary

Require underground coal mines operating after October 24, 1992 to promptly fix or pay for serious damage from ground sinking (subsidence) to occupied homes and related buildings or other noncommercial buildings. They must either repair, restore, or replace the damaged property, or pay the owner the full loss in value. They must also promptly replace any drinking or household well or spring that mining contaminates, reduces, or interrupts. Within one year after October 24, 1992, the Secretary must write final rules to carry out these requirements after giving notice and allowing public comment.

Title 30, §1309a

Mineral Lands and Mining — Source: USLM XML via OLRC

(a)Underground coal mining operations conducted after October 24, 1992, shall comply with each of the following requirements:

(1)Promptly repair, or compensate for, material damage resulting from subsidence caused to any occupied residential dwelling and structures related thereto, or non-commercial building due to underground coal mining operations. Repair of damage shall include rehabilitation, restoration, or replacement of the damaged occupied residential dwelling and structures related thereto, or non-commercial building. Compensation shall be provided to the owner of the damaged occupied residential dwelling and structures related thereto or non-commercial building and shall be in the full amount of the diminution in value resulting from the subsidence. Compensation may be accomplished by the purchase, prior to mining, of a noncancellable premium-prepaid insurance policy.

(2)Promptly replace any drinking, domestic, or residential water supply from a well or spring in existence prior to the application for a surface coal mining and reclamation permit, which has been affected by contamination, diminution, or interruption resulting from underground coal mining operations.

(b)Within one year after October 24, 1992, the Secretary shall, after providing notice and opportunity for public comment, promulgate final regulations to implement subsection (a).

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Review of Existing Requirements and Report to Congress Pub. L. 102–486, title XXV, § 2504(a)(2), Oct. 24, 1992, 106 Stat. 3104, directed Secretary of the Interior to review existing requirements related to underground coal mine subsidence and natural gas and petroleum pipeline safety, submit a report detailing results of review to Committee on Energy and Natural Resources of Senate and Committee on Interior and Insular Affairs of House of Representatives within 18 months of Oct. 24, 1992, and, where appropriate, to commence a rulemaking to address any deficiencies in existing law determined in the review regarding notification, coordination and mitigation.

§1309a Subsidence

Summary

Title 30, §1309a

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Citations & Metadata