Data / Federal rules / 2025-21444
Rescission of Portions of Permanent Program Performance Standards Regulating Subsidence Controls for Underground Mines
The Surface Mining Reclamation and Enforcement Office published this final rule in the Federal Register on November 28, 2025. It took effect on January 27, 2026. Comments closed on December 29, 2025.
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What the agency says
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.
Key facts
- Document number
- 2025-21444
- Type
- Final rule
- Action
- Direct final rule; request for comments
- Agency
- Interior Department; Surface Mining Reclamation and Enforcement Office
- Published
- November 28, 2025
- Takes effect
- January 27, 2026
- Comments due
- December 29, 2025
- 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.
- Docket
- Docket No. OSM-2025-0009; S1D1S SS08011000 SX064A000 256S180110; S2D2S SS08011000 SX064A000 25XS501520
- Regulation ID (RIN)
- 1029-AC91
- Code of Federal Regulations
- 30 CFR 817
- Topics
- Environmental protection; Reporting and recordkeeping requirements; Underground mining
- Pages
- 3
Other documents from the Surface Mining Reclamation and Enforcement Office
| Document | Type | Published |
|---|---|---|
| Montana Regulatory Program 2026-17821 | Final rule | Sep 1 |
| Montana Regulatory Program 2026-17333 | Final rule | Aug 25 |
| Montana Regulatory Program 2026-17055 | Final rule | Aug 21 |
| North Dakota Regulatory Program 2026-16318 | Final rule | Aug 11 |
| Ohio Regulatory Program 2026-16136 | Final rule | Aug 7 |
| Montana Regulatory Program 2026-14245 | Final rule | Jul 15 |
| Montana Regulatory Program 2026-14244 | Final rule | Jul 15 |
| West Virginia Regulatory Program 2026-12482 | Final rule | Jun 22 |
Everything from the Surface Mining Reclamation and Enforcement Office · Rules on environmental protection · Rules on reporting and recordkeeping requirements · Rules on underground mining · Published in November 2025
Read from the Federal Register API, last updated 2026-10-23. The document on federalregister.gov is the official record; dates and dockets can change through later corrections. Free to reuse with credit to SpecStream under CC BY 4.0.