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.
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Key Dates
Department and Agencies
Related Federal Register Documents
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