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Title 30 — Mineral Lands and MiningRelease 119-73not60

§1309a Subsidence

Title 30 › Chapter 25— SURFACE MINING CONTROL AND RECLAMATION › Subchapter VII— ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS › § 1309a

Last updated Apr 5, 2026|Official source

Summary

Underground coal mines that operate after October 24, 1992 must quickly fix or pay for major damage caused by ground sinking to occupied homes, related nearby structures, or non-commercial buildings. Fixing can include repair, restoration, or replacement. If the owner is paid instead, the payment must equal the full loss in the property’s value. Mine operators may meet this rule by buying a noncancellable, prepaid insurance policy before mining starts. If mining contaminates, reduces, or interrupts a private well or spring used for drinking or household water that existed before the mining permit application, the operator must promptly replace that water supply. Within one year after October 24, 1992, the Secretary must issue final rules to put these requirements into effect after giving notice and taking public comments.

Full Legal Text

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).

Legislative History

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.

Reference

Citations & Metadata

Citation

30 U.S.C. § 1309a

Title 30 — Mineral Lands and Mining

Last Updated

Apr 5, 2026

Release point: 119-73not60