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Title 30, Mineral Lands and MiningRelease 119-110

§1309a Subsidence

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

Last updated Sep 22, 2026|Official source

Summary

Underground coal mines operating after October 24, 1992, must quickly fix or pay for serious damage caused by ground sinking (subsidence) to occupied homes and their related structures, or to noncommercial buildings. Repairs can include rebuilding or replacing the damaged property. If the owner is paid instead of repaired, the payment must equal the full loss in value. Mines can meet this by buying, before mining, a noncancellable premium-prepaid insurance policy. If mining contaminates, reduces, or cuts off a drinking, domestic, or residential water supply from a well or spring that existed before the mine operator applied for a surface coal mining and reclamation permit, the mine must promptly replace that water supply. Within one year after October 24, 1992, the Secretary must create final rules to carry out these requirements after giving notice and a chance for public comment. These rules do not stop underground coal mining operations.

Full Legal Text

Title 30, §1309a

Mineral Lands and Mining, Source: USLM XML via OLRC

(a)Requirements
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.
Nothing in this section shall be construed to prohibit or interrupt underground coal mining operations.
(b)Regulations
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

Sep 22, 2026

Release point: 119-110