Old Mining Cleanup Rules Finally Get Buried
Published Date: 11/28/2025
Rule
Summary
This new rule changes how States and Tribes use special government money for land cleanup projects. It removes the old rule that said they had to follow certain regulations when using funds that replaced shares not given before 2007. The change kicks in January 27, 2026, and could save time and hassle without affecting funding amounts.
Analyzed Economic Effects
3 provisions identified: 1 benefits, 1 costs, 1 mixed.
Removes special compliance rule for old grant funds
The rule removes 30 CFR 874.11(b), which required States and Tribes to follow 30 CFR part 874 when using "prior balance replacement funds" (Treasury General Fund moneys that replaced State or Tribal shares allocated before October 1, 2007 but never appropriated). The change takes effect January 27, 2026, unless significant adverse comments are filed by December 29, 2025.
Unspent prior-balance funds follow original grant rules
If a State or Tribe still has any unspent prior balance replacement funds, those specific funds will continue to be governed by the regulations that were in place at the time of the initial grant award. This rule clarifies that the rescission does not retroactively change rules that applied when the grant was first awarded.
Clarifies who must follow Part 874 rules
The revised 30 CFR 874.11 says you must comply with the requirements in part 874 for (a) reclamation projects using moneys from the Fund and (b) coal reclamation projects by certified States and Indian tribes required to maintain certification under section 411(a) and the agreements in Secs. 875.13(a)(3) and 875.14(b). This clarification is effective January 27, 2026.
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The Office of Surface Mining is officially wiping away old coal fee rates that covered 2012 to 2021 because they’re outdated.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.
2026-16318, 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.
2026-14244, Montana Regulatory Program
Montana updated its coal mining rules to say that if heavy storms overflow siltation ponds, operators won’t be in trouble as long as they built the ponds right and fix them quickly when they can. This change, approved by the federal government, affects coal mine operators and kicks in on August 14, 2026. It helps protect operators from penalties during extreme weather without costing extra money upfront.
2026-14245, Montana Regulatory Program
Montana’s new mining rules let companies use smart predictions and real data to show they’ve cleaned up mining sites properly. The state can now keep some money back if certain pollution problems stick around. These changes kick in on August 14, 2026, affecting coal miners and the environment while making sure cleanup is done right.
2026-12484, 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 coal mining west of the 100th meridian doesn’t harm farming or water systems in alluvial valley floors. This renewal helps protect important land and water while mining happens. If you’re involved in mining or live nearby, you can share your thoughts by August 21, 2026—no new costs or big changes, just keeping the rules working smoothly.
Previous / Next Documents
Previous: 2025-21449, Applicability of Federal Regulations Implementing the Surface Mining Control and Reclamation Act of 1977
This rule updates the Surface Mining Control Act by removing old, outdated regulations that no longer apply. It mainly affects small coal mining operations that disturb two acres or less, clarifying their responsibilities. The changes take effect January 27, 2026, unless big objections come in by December 29, 2025, with no new costs expected.
Next: 2025-21458, Medicare and Medicaid Programs; CY 2026 Payment Policies Under the Physician Fee Schedule and Other Changes to Part B Payment and Coverage Policies; Medicare Shared Savings Program Requirements; and Medicare Prescription Drug Inflation Rebate Program; Correction
This document fixes some technical mistakes in the Medicare payment rules for 2026, especially about payments for skin substitutes. It affects doctors, Medicare patients, and providers by clarifying how certain payments work starting November 28, 2025. No big changes in money, just important corrections to keep things running smoothly.