Rule2025-21440
Backfilling and Grading
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 28, 2025
Effective
January 27, 2026
Issuing agencies
Interior DepartmentSurface Mining Reclamation and Enforcement Office
Abstract
This direct final rule revises the Federal regulations to rescind an obsolete regulation that was suspended by the Secretary of the Interior in 1992 and that has been inoperative for 33 years. The regulations prescribed time and distance performance standards for the completion of rough backfilling and grading for surface mining operations.
Full Text
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<title>Federal Register, Volume 90 Issue 227 (Friday, November 28, 2025)</title>
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[Federal Register Volume 90, Number 227 (Friday, November 28, 2025)]
[Rules and Regulations]
[Pages 54573-54575]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-21440]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 816
[Docket ID: OSM-2025-0025 S1D1S SS08011000 SX064A000 256S180110; S2D2S
SS08011000 SX064A000 25XS501520]
RIN 1029-AD03
Backfilling and Grading
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Direct final rule; request for comments.
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SUMMARY: This direct final rule revises the Federal regulations to
rescind an obsolete regulation that was suspended by the Secretary of
the Interior in 1992 and that has been inoperative for 33 years. The
regulations prescribed time and distance performance standards for the
completion of rough backfilling and grading for surface mining
operations.
DATES: The amendments in this direct final rule lifting the suspension
of 30 CFR 816.101 and removing the section are effective January 27,
2026, unless significant adverse comments are received by December 29,
2025. If significant adverse comments are received, OSMRE will publish
a timely withdrawal or issue a new final rule that responds to
significant adverse comments.
ADDRESSES: You may submit comments by one of the following methods:
<bullet> Electronically: Go to the Federal eRulemaking Portal:
<a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for Docket Number OSM-2025-0025.
Follow the instructions for submitting comments.
<bullet> By hard copy: Submit by U.S. mail to Division of
Regulatory Support, Office of Surface Mining Reclamation and
Enforcement, Department of the Interior, Attn: James Tyree, 1849 C
Street NW, Mail Stop 4557, Washington, DC 20240.
FOR FURTHER INFORMATION CONTACT: James Tyree, Chief, Division of
Regulatory Support, (202) 208-4479, <a href="/cdn-cgi/l/email-protection#80eaf4f9f2e5e5c0eff3edf2e5aee7eff6"><span class="__cf_email__" data-cfemail="2248565b504747624d514f50470c454d54">[email protected]</span></a>. Individuals in
the United States who are deaf, deafblind, hard of hearing, or have a
speech disability may dial 711 (TTY, TDD, or TeleBraille) to access
telecommunications relay services. Individuals outside the United
States should use the relay services offered within their country to
make international calls to the point-of-contact in the United States.
[[Page 54574]]
SUPPLEMENTARY INFORMATION: Section 515(b)(16) of SMCRA, 30 U.S.C.
1265(b)(16), provides for general performance standards to require
surface coal mining and reclamation operations to ``insure that all
reclamation efforts proceed in an environmentally sound manner and as
contemporaneously as practicable with the surface coal mining
operations.'' OSMRE's initial permanent program regulations,
promulgated on March 13, 1979, included a section 816.101, which
provided time and distance schedules as general requirements for rough
backfilling and grading (44 FR 14902, at 15411).
In a 1983 rulemaking, the Secretary made several changes to the
regulations governing contemporaneous reclamation, including removing
section 816.101, concluding that `` `contemporaneous reclamation' is a
relative term which must be interpreted by each State on the basis of
the mining conditions in its territory.'' 48 FR 23356 (May 24, 1983).
These regulatory changes were challenged, In re Permanent Surface
Mining Regulation, 21 ERC 1724, 1744-1746 (D.D.C. October 1, 1984), and
the District Court for the District of Columbia remanded related
regulations but not section 816.101. OSMRE appealed the district court
ruling. On appeal, the D.C. Circuit held that SMCRA does not require
specific regulations related to contemporary reclamation performance
standards but cautioned that if there is no need to ``flesh out'' the
statute, the agency must ``flesh out'' its explanation for why
additional regulation is not necessary. Nat'l Wildlife Fed'n v. Hodel,
839 F.2d 694, 734-736 (1988).
Nonetheless, in 1991, OSMRE promulgated new time and distance
performance standards for the completion of rough backfilling and
grading for surface mining operations that still appear at 816.101. 56
FR 65612 (Dec. 17, 1991). Unlike prior versions and the text of the
proposed rule, the 1991 rule did not contain flexibility for States to
develop alternative State-specific schedules. These regulations were
immediately challenged by the National Coal Association and the
American Mining Congress. Nat'l Coal Ass'n and Am. Mining Congress v.
DOI, Civ. No. 92-0408-CRR (D.D.C.). On April 16, 1992, the district
court approved a joint stipulation of dismissal in which the Secretary
agreed to suspend 30 CFR 816.101 and reconsider the issues raised in
the rulemaking. Over 30 years ago, in 1992, the Secretary suspended,
but did not remove from the Code of Federal Regulations, section
816.101. 57 FR 33874 (Jul. 31, 1992). OSMRE now removes this
unnecessary and unlawful regulatory provision from the Federal
regulations.
The Department has determined that this reason, independently and
alone, justifies rescission of 30 CFR 816.101. The Department has no
interest in maintaining rules that are obsolete.
The Department is issuing this rule as a direct final rule.
Although the Administrative Procedure Act (APA, 5 U.S.C. 551-559)
generally requires agencies to engage in notice and comment rulemaking,
section 553 of the APA provides an exception when the agency ``for good
cause finds'' that notice and comment are ``impracticable, unnecessary,
or contrary to the public interest.'' Id. Sec. 553(b)(B). The
Department has determined that notice and comment are unnecessary
because this rule is noncontroversial; of a minor, technical nature;
involves little agency discretion; and is unlikely to receive any
significant adverse comments. Significant adverse comments are those
that oppose the recission of the regulations and raise, alone or in
combination, (1) reasons why the recission of the regulations is
inappropriate, including challenges to the recission's underlying
premise, or (2) serious unintended consequences of the recission. A
comment recommending an addition to the rule will not be considered
significant and adverse unless the comment explains how this direct
final rule would be ineffective without the addition.
Procedural Determinations
Executive Order 12630--Governmental Actions and Interference With
Constitutionally Protected Property Rights
This rule does not result in a taking of private property or
otherwise have regulatory takings implications under Executive Order
12630. The rule rescinds obsolete regulatory provisions; therefore, the
rule will not result in private property being taken for public use
without just compensation. A takings implication assessment is not
required.
Executive Order 12866--Regulatory Planning and Review and Executive
Order 13563--Improving Regulation and Regulatory Review
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB)
will review all significant rules. OIRA has determined that this rule
is not significant.
Executive Order 13563 reaffirms the principles of Executive Order
12866, while calling for improvements in the Nation's regulatory system
to promote predictability, reduce uncertainty, and use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
Executive Order 13563 directs agencies to consider regulatory
approaches that reduce burdens and maintain flexibility and freedom of
choice for the public where these approaches are relevant, feasible,
and consistent with regulatory objectives. Executive Order 13563
emphasizes further that agencies must base regulations on the best
available science and that the rulemaking process must allow for public
participation and an open exchange of ideas. The Department developed
this rule in a manner consistent with these requirements.
Executive Order 12988--Civil Justice Reform
This direct final rule complies with the requirements of Executive
Order 12988. Among other things, this rule:
(a) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation;
(b) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
Executive Order 13132--Federalism
Under the criteria of section 1 of Executive Order 13132, this rule
does not have sufficient federalism implications to warrant the
preparation of a federalism summary impact statement. This rule will
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government. A
federalism summary impact statement is not required.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
The Department of the Interior strives to strengthen its
government-to-government relationship with Indian tribes through a
commitment to consultation with Tribes and recognition of their right
to self-governance and Tribal sovereignty. The Department evaluated
this direct final rule under Executive Order 13175 and the Department's
consultation policies and determined that it has no substantial direct
effects on federally
[[Page 54575]]
recognized Indian tribes and that consultation under the Department's
Tribal consultation policies is not required. The rule merely revises
the Federal regulations to remove obsolete regulatory language.
Executive Order 13211--Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This direct final rule is not a significant energy action as
defined in Executive Order 13211. Therefore, a Statement of Energy
Effects is not required.
National Environmental Policy Act
This direct final rule does not constitute a major Federal action
significantly affecting the quality of the human environment. A
detailed statement under the National Environmental Policy Act (NEPA,
42 U.S.C. 4321 et seq.) is not required because this rule is covered by
a categorical exclusion applicable to regulatory functions ``that are
of an administrative, financial, legal, technical, or procedural
nature.'' 43 CFR 46.210(i). In addition, the Department has determined
that this rule does not involve any of the extraordinary circumstances
listed in 43 CFR 46.215 that would require further analysis under NEPA.
Paperwork Reduction Act
This rule does not impose any new information collection burden
under the Paperwork Reduction Act. OMB previously approved the
information collection activities contained in the existing regulations
and assigned OMB control number 1029-0094. This rule does not impose an
information collection burden because the Department is not making any
changes to the information collection requirements.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA, 5 U.S.C. 601-612) requires an
agency to prepare a regulatory flexibility analysis for all rules
unless the agency certifies that the rule will not have a significant
economic impact on a substantial number of small entities. The RFA
applies only to rules for which an agency is required to first publish
a proposed rule. See 5 U.S.C. 603(a) and 604(a). As the Department is
not required to publish a notice of proposed rulemaking for this direct
final rule, the RFA does not apply.
Congressional Review Act
This rule is not a major rule under the Congressional Review Act, 5
U.S.C. 804(2). Specifically, the direct final rule: (a) will not have
an annual effect on the economy of $100 million or more; (b) will not
cause a major increase in costs or prices for consumers, individual
industries, Federal, State, or local government agencies, or geographic
regions; and (c) will not have significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of United States-based enterprises to compete with foreign-
based enterprises in domestic and export markets.
Unfunded Mandates Reform Act
This rule does not impose an unfunded mandate on State, local, or
Tribal governments, or the private sector, of more than $100 million
per year. The rule does not have a significant or unique effect on
State, local, or Tribal governments, or the private sector. The rule
merely revises the Federal regulations to remove obsolete language that
is no longer used. Therefore, a statement containing the information
required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is
not required.
List of Subjects in 30 CFR Part 816
Environmental protection, Reporting and recordkeeping requirements,
Surface mining.
Leslie Shockley Beyer,
Assistant Secretary, Land and Minerals Management.
For the reasons stated in the preamble, the Department of the
Interior amends 30 CFR part 816 as follows:
PART 816--PERMANENT PROGRAM PERFORMANCE STANDARDS--SURFACE MINING
ACTIVITIES
0
1. The authority citation for part 816 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq. and sec 115 of Pub. L. 98-146.
Sec. 816.101 [Removed and reserved]
0
2. Lift the suspension of Sec. 816.101 and remove and reserve the
section.
[FR Doc. 2025-21440 Filed 11-26-25; 8:45 am]
BILLING CODE 4310-05-P
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</html>Indexed from Federal Register on November 28, 2025.
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