Section 423 of title IV of the Federal Coal Mine Health and Safety
Act as amended (hereinafter the Act) requires each coal mine operator
who is operating or has operated a coal mine in a State which is not
included in the list published by the Secretary (see part 722 of this
subchapter) to secure the payment of benefits for which he may be found
liable under section 422 of the Act and the provisions of this
subchapter by either:
(a) Qualifying as a self-insurer, or
(b) By subscribing to and maintaining in force a commercial
insurance contract (including a policy or contract procured from a
State agency).