2025-21442Rule

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

Published Date
Comments Due
Rule Effective
11/28/2025
12/29/2025
1/27/2026

Department and Agencies

Department
Independent Agency
Agency
Interior Department
Surface Mining Reclamation and Enforcement Office
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