Erasing Ghost Funds from Mining Reclamation Rules
Published Date: 11/24/2025
Rule
Summary
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.
No Economic Impacts Identified for this Document
Personalized for You
How does this regulation affect your finances?
Personalize government policy and PRIA will tell you what this federal register document means for your household, plus every other regulation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.
Key Dates
Department and Agencies
Related Federal Register Documents
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The Office of Surface Mining is officially wiping away old coal fee rates that covered 2012 to 2021 because they’re outdated.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.
2026-17821, 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.
2026-17055, Montana Regulatory Program
The Office of Surface Mining Reclamation and Enforcement (OSM) is not approving, with one exception, an amendment to the Montana regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The Montana legislature, specifically Montana House Bill 328, proposes to add a definition of affected drainage basin to the Montana Code Annotated (MCA). Additionally, House Bill 328 proposes changes to the Montana Code Annotated, pertaining to bond release application requirements.
2026-16318, North Dakota Regulatory Program
North Dakota is updating its rules for surface mining to make things clearer and more efficient. These changes include new timelines for permits, creating a new Environmental Quality department, and shifting some duties to a new Water Resources department. The updates take effect on September 10, 2026, and affect anyone involved in mining permits and environmental oversight in the state.
2026-16136, Ohio Regulatory Program
The Office of Surface Mining Reclamation and Enforcement (OSM), is approving, in part, two amendments to the Ohio regulatory program (the Ohio program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). As proposed by Ohio, the amendment involves statutory and regulatory changes to its bonding program (i.e., revising Ohio's alternative bonding system and providing the option for an applicant to post full-cost performance securities) and also includes statutory and regulatory changes pertaining to other subjects, such as abandoned mine land program funding, permitting standards, valid existing rights, remining, blasting, and topsoil handling. Ohio submitted this amendment, in part, to satisfy a program condition related to bonding inadequacies. We are removing this program condition.
Previous / Next Documents
Previous: 2025-20830, Prior Balance Replacement Funds
Starting January 23, 2026, the government will stop giving out special replacement funds that were meant to cover old State or Tribal money not approved by Congress before 2007. This change affects States and Tribes who were expecting these funds, and it means no new money will be handed out under these old rules. If anyone has big concerns, they can speak up by December 24, 2025, before the rule kicks in.
Next: 2025-20835, Scope of Federal Regulations Implementing the Surface Mining Control and Reclamation Act of 1977
This rule cleans up old, outdated mining regulations that no longer apply, making the rules easier to understand and follow. It affects mining companies and research groups involved in surface mining and mineral research. The changes take effect on January 23, 2026, unless people send in serious objections by December 24, 2025.