Feds Sweep Away Ghost Money from Old Mining Cleanup Rules
Published Date: 11/28/2025
Rule
Summary
Starting January 27, 2026, the government is updating rules to stop counting old, unused funds when giving money to States and Tribes for mining cleanup. This change affects States and Tribes that get money from the Office of Surface Mining and means the money they receive will be clearer and more accurate. If anyone has big concerns, they can speak up by December 29, 2025.
Analyzed Economic Effects
2 provisions identified: 1 benefits, 1 costs, 0 mixed.
Removal of obsolete 'prior balance' funds
Starting January 27, 2026, the rule removes references to “prior balance replacement funds” from the rules that tell the Office of Surface Mining Reclamation and Enforcement (OSMRE) what moneys to distribute each fiscal year to eligible States and Tribes. Those prior balance replacement funds were Treasury General Fund moneys that replaced State or Tribal share funds allocated before October 1, 2007 but never appropriated; their distribution ran for 7 years beginning October 1, 2008 and is complete.
Limit on Fund use for uranium/CERCLA sites
The revised 30 CFR 875.16(a) states that an uncertified State or Indian tribe may not use moneys from the Fund for reclamation of sites designated for remedial action under the Uranium Mill Tailings Radiation Control Act of 1978 or listed for remedial action under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA).
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Key Dates
Department and Agencies
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Starting January 27, 2026, new rules will remove the requirement that all water runoff from mining sites must pass through siltation structures. This change affects mining companies regulated by the Office of Surface Mining and is a response to a court decision that said the old rule wasn’t backed up well enough. No extra costs are expected, but the public can comment until December 29, 2025, before the rule takes effect.
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