Interior Department Scrubs Old Mining Fund Regulations Clean
Published Date: 11/24/2025
Rule
Summary
Starting January 23, 2026, the Office of Surface Mining is cleaning up its rules by removing outdated references to old replacement funds that never got approved by Congress. This change affects States and Tribes who get money from these funds, but it won’t change how much money they receive going forward. If anyone has big concerns, they have until December 24, 2025, to speak up before the rule becomes official.
Analyzed Economic Effects
3 provisions identified: 3 benefits, 0 costs, 0 mixed.
Obsolete 'Prior Balance' Funds Removed
If you are a State or Indian Tribe with an approved reclamation plan, the rule removes the regulatory reference to “prior balance replacement funds” that were moneys from the U.S. Treasury General Fund replacing State or Tribal share funds allocated before October 1, 2007. The preamble says the distribution of those prior balance replacement funds (which ran for seven years beginning October 1, 2008) is complete, so the obsolete regulatory language in 30 CFR 872.13(a)(5) is rescinded effective January 23, 2026.
No Change to Future Distributions
If you are a State or Indian Tribe that currently receives OSMRE distributions, the Department states this change will not change how much money you receive going forward. The rule rescinds only obsolete language and does not alter the listed moneys that OSMRE must distribute each fiscal year.
Clarified List of Distributed Fund Types
The revised 30 CFR 872.13(a) explicitly lists the types of moneys OSMRE will distribute each fiscal year: (1) State share funds to uncertified States; (2) Tribal share funds to uncertified Indian tribes; (3) Historic coal funds to uncertified States and Indian tribes; (4) Minimum program make up funds to eligible uncertified States and Indian tribes; and (5) Certified in lieu funds to certified States and Indian tribes. These categories replace the prior paragraph that referenced prior balance replacement funds.
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