U.S. Code » Title 30 » Chapter CHAPTER 25— SURFACE MINING CONTROL AND RECLAMATION › Subchapter SUBCHAPTER VII— ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

30 U.S.C. § 1309a

Subsidence

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(a) RequirementsUnderground 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).

(Pub. L. 95–87, title VII, § 720, as added Pub. L. 102–486, title XXV, § 2504(a)(1), Oct. 24, 1992, 106 Stat. 3104.)Statutory Notes and Related SubsidiariesReview 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.

Notes of Decisions
Cited in 4 cases, 1996–2003 · leading case: Antco, Inc. v. Dodge Fuel Corp., 550 S.E.2d 622 (W. Va. 2001).
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Antco, Inc. v. Dodge Fuel Corp., 550 S.E.2d 622 (W. Va. 2001). · cites it 4× “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.”
Nat'l Mining Ass'n v. Bruce Babbitt, Sec'y, United States Dep't of Interior, 172 F.3d 906 (D.C. Cir. 1999). · cites it 2× “30 U.S.C. § 1309a (1994). In order to implement this new statutory provision, the Secretary in 1993 proposed subsidence regulations revising the subsidence regulations previously promulgated under the Mining Act.”
Ctzn Coal Cncl v. Norton, Gale A., 330 F.3d 478 (D.C. Cir. 2003). “” 30 U.S.C. § 1309a(a)(l). Intervenor NMA argues that the passage of this section demonstrates that Congress was aware that SMCRA does not prohibit subsidence in section 522(e) areas and therefore added the section to provide a remedy for property owners damaged by this result…”
Castle Valley Special Serv. Dist. v. Utah Bd. of Oil, Gas & Mining, 938 P.2d 248 (Utah 1996). · cites it 6× “II We turn first to the replacement water issue: whether the Board erred in refusing to order, under 30 U.S.C.A. § 1309a (West Supp.1996), Co-Op to either (1) identify or (2) actually provide water resources to replace spring water that had been or might be diverted or…”
— 30 U.S.C. § 1309a(a)(1) — 1 case
Antco, Inc. v. Dodge Fuel Corp., 550 S.E.2d 622 (W. Va. 2001). “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.”
— 30 U.S.C. § 1309a(a)(2) — 1 case
Castle Valley Special Serv. Dist. v. Utah Bd. of Oil, Gas & Mining, 938 P.2d 248 (Utah 1996). “II We turn first to the replacement water issue: whether the Board erred in refusing to order, under 30 U.S.C.A. § 1309a (West Supp.1996), Co-Op to either (1) identify or (2) actually provide water resources to replace spring water that had been or might be diverted or…”
— 30 U.S.C. § 1309a(a)(l) — 4 cases
Ctzn Coal Cncl v. Norton, Gale A., 330 F.3d 478 (D.C. Cir. 2003). “” 30 U.S.C. § 1309a(a)(l). Intervenor NMA argues that the passage of this section demonstrates that Congress was aware that SMCRA does not prohibit subsidence in section 522(e) areas and therefore added the section to provide a remedy for property owners damaged by this result…”
Antco, Inc. v. Dodge Fuel Corp., 550 S.E.2d 622 (W. Va. 2001). “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.”
Nat'l Mining Ass'n v. Bruce Babbitt, Sec'y, United States Dep't of Interior, 172 F.3d 906 (D.C. Cir. 1999). “30 U.S.C. § 1309a (1994). In order to implement this new statutory provision, the Secretary in 1993 proposed subsidence regulations revising the subsidence regulations previously promulgated under the Mining Act.”
Castle Valley Special Serv. Dist. v. Utah Bd. of Oil, Gas & Mining, 938 P.2d 248 (Utah 1996). “II We turn first to the replacement water issue: whether the Board erred in refusing to order, under 30 U.S.C.A. § 1309a (West Supp.1996), Co-Op to either (1) identify or (2) actually provide water resources to replace spring water that had been or might be diverted or…”
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