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

Document 2025-21444 is a Final Rule published by the Department of Interior in the Federal Register on November 28, 2025, with an effective date of January 27, 2026. 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. View the original at https://www.federalregister.gov/documents/2025/11/28/2025-21444/rescission-of-portions-of-permanent-program-performance-standards-regulating-subsidence-controls-for.

No. Document 2025-21444 is not classified as economically significant under Executive Order 12866. Economically significant rules require OIRA review and are estimated to have impacts of $100 million or more per year.