Ancient Coal Fees Finally Sent to the Dustbin
Published Date: 11/28/2025
Rule
Summary
The Office of Surface Mining is officially wiping away old coal fee rates that covered 2012 to 2021 because they’re outdated.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.
Analyzed Economic Effects
1 provisions identified: 0 benefits, 1 costs, 0 mixed.
Coal fee schedule set through 2034
The rule establishes fee rates for coal produced for sale, transfer, or use from October 1, 2021 through September 30, 2034. Key rates: surface mining (anthracite/bituminous/subbituminous) — if coal value is $2.24/ton or more the fee is 22.4 cents/ton, otherwise 10% of value; underground mining (anthracite/bituminous/subbituminous) — if value is $0.96/ton or more the fee is 9.6 cents/ton, otherwise 10% of value; lignite (surface and underground) — if value is $3.20/ton or more the fee is 6.4 cents/ton, otherwise 2% of value; in situ (non-lignite) — 9.6 cents/ton based on Btu-equivalent gas certified by an independent lab; in situ lignite — 6.4 cents/ton based on Btu-equivalent gas certified by an independent lab. The rule is issued as a direct final rule and becomes effective January 27, 2026 unless significant adverse comments are received by December 29, 2025.
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Key Dates
Department and Agencies
Related Federal Register Documents
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Previous / Next Documents
Previous: 2025-21442, Certification and Noncoal Reclamation
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.
Next: 2025-21444, Rescission of Portions of Permanent Program Performance Standards Regulating Subsidence Controls for Underground Mines
The government is changing rules about how underground mining damage to homes is handled. They’re removing a rule that automatically assumed mining caused certain building damage because a court said it wasn’t backed up well enough. This change affects underground mine operators and homeowners near mines, takes effect January 27, 2026, and could impact how damage claims are handled.