# 2026-01569: Old Mining Backfill Rule Gets Extra Review Time Delay

2026-01569, Backfilling and Grading, is a Federal Register rule from Interior Department, Surface Mining Reclamation and Enforcement Office published 2026-01-27, effective 2026-03-30 (as of 2026-06-11).

- Canonical: https://policyrisk.com/federal-register/2026-01569
- As of: 2026-06-11
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Document number: 2026-01569
- Title: Backfilling and Grading
- Type: Rule
- Agencies: Interior Department; Surface Mining Reclamation and Enforcement Office
- Citation: 91 FR 3372
- Published: 2026-01-27
- Effective: 2026-03-30
- Comments close: not stated
- Significant: no
- Touches household money: no
- Regulation identifier numbers: 1029-AD03
- Last updated: 2026-06-11

## In one line

Old Mining Backfill Rule Gets Extra Review Time Delay

## Summary

The Office of Surface Mining is delaying a rule that would officially remove an old, unused mining backfilling and grading regulation. This delay gives them more time to review public comments and decide if changes are needed. Mining companies and regulators should watch for updates by March 30, 2026, before the rule takes effect.

## Abstract

The Office of Surface Mining Reclamation and Enforcement (OSM) is delaying the effective date of the direct final rule "Backfilling and Grading," published on November 28, 2025. The direct final rule rescinded a regulation that prescribed time and distance performance standards for the completion of rough backfilling and grading for surface mining operations, which was suspended by the Secretary of the Interior in 1992 but never removed from the Code of Federal Regulations. During the comment period, OSM received comments that require further review and consideration to determine whether they are significant adverse comments warranting a response, withdrawal, or modification of the final rule.

## Effects PRIA read

- Effective Date Delayed 60 Days: mixed, low. If you are a mining company or regulator, the effective date of the "Backfilling and Grading" direct final rule (published November 28, 2025 at 90 FR 54573) was delayed from January 27, 2026 to March 30, 2026. OSM delayed the rule by 60 days so it can review public comments and decide whether to re…
- Proposed Removal of 30 CFR 816.101: benefit, low. The rulemaking would remove 30 CFR 816.101, a backfilling and grading regulation that was suspended in 1992 and has not had legal effect since then. OSM says removing the inoperative provision would reduce confusion, but it will consider comments before finalizing any removal.

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- [2026-16318](https://policyrisk.com/federal-register/2026-16318): North Dakota Regulatory Program, 2026-08-11
- [2026-16136](https://policyrisk.com/federal-register/2026-16136): Ohio Regulatory Program, 2026-08-07

## Sources
- [2026-01569 on federalregister.gov](https://www.federalregister.gov/documents/2026/01/27/2026-01569/backfilling-and-grading)
- [2026-01569 as published (PDF)](https://www.govinfo.gov/content/pkg/FR-2026-01-27/pdf/2026-01569.pdf)

## Related
- [Previous: 2026-01566, General Reclamation Requirements](https://policyrisk.com/federal-register/2026-01566)
- [Next: 2026-01570, Rescission of Portions of Permanent Program Performance Standards Related to Si…](https://policyrisk.com/federal-register/2026-01570)
- [All Federal Register documents](https://policyrisk.com/federal-register)

Source: PRIA, https://policyrisk.com/federal-register/2026-01569 (as of 2026-06-11).