2025-21443RuleSignificantWallet

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The Office of Surface Mining is officially wiping away old coal fee rates that covered 2012 to 2021 because they’re outdated.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

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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