Burying Ghost Funds in Mining Reclamation Rules

2025-21443, Rescission of Fee Rates

The Office of Surface Mining is officially wiping away old coal fee rates that covered 2012 to 2021 because they’re outdated. New fee rates have been in place since October 1, 2021, and this rule makes it official starting January 27, 2026—unless folks speak up by December 29, 2025. This change mainly affects coal producers and keeps the fee system fresh and fair for years to come.

2026-21726, Agency Information Collection Activities; 30 CFR 822-Special Permanent Program Performance Standards-Operations in Alluvial Valley Floors

The Office of Surface Mining wants to keep collecting info to make sure mining near alluvial valley floors stays safe and follows the rules. This affects mining companies who must keep protecting these special areas. They’re asking for public comments by November 25, 2026, and there’s no new cost or big changes—just a renewal to keep things running smoothly.

2026-21835, Wyoming Regulatory Program

Wyoming fixed some typos in its coal mining rules that the federal government asked them to correct. These changes help keep mining safe and clean while following the law. The updated rules take effect on November 25, 2026, and mainly affect coal miners and regulators in Wyoming.

2026-21807, Ohio Regulatory Program

Ohio is updating its mining rules by changing 39 regulations about permits, maps, and safety programs. These changes affect miners, especially those applying for permits or involved in special mining categories. The new rules kick in on November 25, 2026, aiming to keep mining safe and fair without extra costs.

2026-17821, Montana Regulatory Program

The Office of Surface Mining Reclamation and Enforcement (OSM) published a document in the Federal Register on August 21, 2026, not approving, with one exception, an amendment to the Montana regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). OSM made an error in the document by adding an entry to 30 CFR 926.12 at paragraph (c), a paragraph that already existed. This document corrects the final regulation.

2026-17333, Montana Regulatory Program

We, the Office of Surface Mining Reclamation and Enforcement (OSM), are denying an amendment to the Montana regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Montana submitted this proposed amendment to OSM on its own initiative in response to a State law passed by the Montana Legislature (Senate Bill (SB) 392). The proposed amendment would have added a provision requiring equal application of court costs to the prevailing party in contested case proceedings by a court or administrative agency that issues a decision. The proposal would have also amended the Montana Code Annotated (MCA) to refer to the proposed equal application of court costs rule. Finally, SB 392 includes contingencies that apply to the proposed amendment but are not codified into the MCA: codification instructions, a severability clause, an effective date clause, and an applicability statement.

Previous: 2025-20828, Prior Balance Replacement Funds

This new rule wipes out old regulations about 'prior balance replacement funds'—money meant to replace State or Tribal funds promised before 2007 but never actually given by Congress. States and Tribes affected by these funds will see these rules disappear starting January 23, 2026, unless people speak up by December 24, 2025. No new money changes, just a cleanup to make things clearer and simpler!

Next: 2025-20831, Prior Balance Replacement Funds

This new rule wipes out old references to 'prior balance replacement funds'—money that was supposed to help States and Tribes but never actually got approved by Congress before 2007. If you’re part of a State or Tribal mining program, this cleanup means clearer rules with no impact on your current funding. The change kicks in January 23, 2026, unless folks send in big objections by December 24, 2025.