Old Mining Backfill Rule Gets Extra Review Time Delay
Published Date: 1/27/2026
Rule
Summary
The Office of Surface Mining is delaying a rule that would officially remove an old, unused mining backfilling and grading regulation. This delay gives them more time to review public comments and decide if changes are needed. Mining companies and regulators should watch for updates by March 30, 2026, before the rule takes effect.
Analyzed Economic Effects
2 provisions identified: 1 benefits, 0 costs, 1 mixed.
Effective Date Delayed 60 Days
If you are a mining company or regulator, the effective date of the "Backfilling and Grading" direct final rule (published November 28, 2025 at 90 FR 54573) was delayed from January 27, 2026 to March 30, 2026. OSM delayed the rule by 60 days so it can review public comments and decide whether to respond, withdraw, or modify the final rule.
Proposed Removal of 30 CFR 816.101
The rulemaking would remove 30 CFR 816.101, a backfilling and grading regulation that was suspended in 1992 and has not had legal effect since then. OSM says removing the inoperative provision would reduce confusion, but it will consider comments before finalizing any removal.
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