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Rescission of Portions of Permanent Program Performance Standards Regulating Subsidence Controls for Underground Mines | Sporos

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Final RuleDirect Final Rule

Rescission of Portions of Permanent Program Performance Standards Regulating Subsidence Controls for Underground Mines

This direct final rule lifts the suspension and revises the Federal regulations to remove paragraphs related to establishing a rebuttable presumption of causation for damage to any non-commercial building or occupied residential dwelling or structure related thereto that occurs as a result of earth movement within an area determined by projecting a specified angle of draw from the outermost boundary of any underground mine workings to the surface of the land. These paragraphs were struck down on judicial review because the court found that the Office of Surface Mining Reclamation and Enforcement (OSMRE) failed to provide adequate support to justify its presumption that damage was the result of mining within the angle of draw.

Published

Nov 28, 2025

Effective

Jan 27, 2026

Comments Close

Dec 29, 2025

Citation

90 FR 54577

Agencies

2025-21444Rescission of Portions of Permanent Program Performance Standards Regulating Subsidence Controls for Underground Mines

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Agencies (2)

DOI — Interior Department

OSM — Surface Mining Reclamation and Enforcement Office

Topics

Environmental protection Reporting and recordkeeping requirements Underground mining

Docket IDs

Docket No. OSM-2025-0009

S1D1S SS08011000 SX064A000 256S180110

S2D2S SS08011000 SX064A000 25XS501520

Regulation ID Numbers (RINs)

1029-AC91

CFR References

30 CFR 817

Document Details

Type: Final Rule
Action: Direct final rule; request for comments.
Document #: 2025-21444
Citation: 90 FR 54577
Publication Date: Nov 28, 2025
Effective Date: Jan 27, 2026
Dates: The amendments in this direct final rule lifting the suspension at 30 CFR 817.(c)(4)(i) through (iv) and amending the section are effective January 27, 2026, without further action, unless significant adverse comments are received by December 29, 2025. If significant adverse comments are received, OSMRE will publish a timely withdrawal or issue a new final rule that responds to significant adverse comments.
Federal Register Pages: Vol. 90, pp. 54577–54579
Page Views: 144

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