# Rescission of Portions of Permanent Program Performance Standards Regulating Subsidence Controls for Underground Mines
> **Office of Surface Mining Reclamation and Enforcement** · Direct final rule; request for comments. · Published 2025-11-28 · Effective 2026-01-27 · 90 FR 54577
## Document
- **Document number:** 2025-21444
- **Category:** mining
- **Sub-agency:** Office of Surface Mining Reclamation and Enforcement
- **Federal Register citation:** 90 FR 54577
- **CFR reference:** 30 CFR 817
- **Publication date:** 2025-11-28
- **Effective date:** 2026-01-27
- **Interior docket:** Docket No. OSM-2025-0009
## Abstract

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.

## Source
- [Federal Register document](https://www.federalregister.gov/documents/2025/11/28/2025-21444/rescission-of-portions-of-permanent-program-performance-standards-regulating-subsidence-controls-for)
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