§ 1309a. — Subsidence.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1309a]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 25--SURFACE MINING CONTROL AND RECLAMATION
SUBCHAPTER VII--ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS
Sec. 1309a. Subsidence
(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) of this section.
(Pub. L. 95-87, title VII, Sec. 720, as added Pub. L. 102-486, title
XXV, Sec. 2504(a)(1), Oct. 24, 1992, 106 Stat. 3104.)
Review of Existing Requirements and Report to Congress
Section 2504(a)(2) of Pub. L. 102-486 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.
