Dusty 1992 Mining Rule Finally Gets the Axe
Published Date: 3/31/2026
Rule
Summary
The Office of Surface Mining is officially removing an old rule about how quickly mining sites must be backfilled and graded, a rule that’s been on the books but never really used since 1992. After checking public feedback, they found no big issues and confirmed the rule change will take effect on March 30, 2026. This update affects mining companies by giving them clearer, simpler guidelines without extra deadlines or costs.
Analyzed Economic Effects
2 provisions identified: 2 benefits, 0 costs, 0 mixed.
Old Backfilling Deadlines Removed
If you operate a surface mining operation, the Office of Surface Mining removed a suspended rule that set time-and-distance deadlines for completing rough backfilling and grading. The long-suspended provision (suspended in 1992) is being deleted and the change takes effect on March 30, 2026, which the agency says reduces confusing, inoperative regulatory text and does not add new deadlines or costs.
No New Backfilling Rules Now
OSM confirms it is not proposing new time-or-distance backfilling regulations at this time and says removing the suspended language will not change current SMCRA requirements or the agency's ability to issue future rules. The agency reached this conclusion after receiving two timely comments and will make the deletion effective on March 30, 2026.
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Key Dates
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