Rule2025-21442
Certification and Noncoal Reclamation
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 language identifying obsolete funds as part of the moneys that the Office of Surface Mining Reclamation and Enforcement (OSMRE) must distribute to eligible States and Tribes each fiscal year. The existing regulations refer to prior balance replacement funds, which are moneys from the United States Treasury's General Fund that replaced State or Tribal share funds that were allocated before October 1, 2007, but never appropriated by Congress.
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 54583-54585]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-21442]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 875
[Docket No. OSM-2025-0020; S1D1S SS08011000 SX064A000 256S180110; S2D2S
SS08011000 SX064A000 25XS501520]
RIN 1029-AC97
Certification and Noncoal Reclamation
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 language identifying obsolete funds as part of the moneys that
the Office of Surface Mining Reclamation and Enforcement (OSMRE) must
distribute to eligible States and Tribes each fiscal year. The existing
regulations refer to prior balance replacement funds, which are moneys
from the United States Treasury's General Fund that replaced State or
Tribal share funds that were allocated before October 1, 2007, but
never appropriated by Congress.
[[Page 54584]]
DATES: The final rule is effective January 27, 2026, unless significant
adverse comments are received by December 29, 2025. If significant
adverse comments are received, notice will be published in the Federal
Register before the effective date either withdrawing the rule or
issuing 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-2025-0020.
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#e78d939e958282a788948a9582c9808891"><span class="__cf_email__" data-cfemail="274d535e5542426748544a554209404851">[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.
SUPPLEMENTARY INFORMATION: The Federal regulations at 30 CFR 875.16
prohibit certified and uncertified States and Tribes from expending
certain moneys awarded to them by OSMRE under title IV of the Surface
Mining Control and Reclamation Act of 1977 (SMCRA) for the reclamation
of sites and areas designated for remedial action under the Uranium
Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7901 et seq.) or
that have been listed for remedial action under the Comprehensive
Environmental Response Compensation and Liability Act of 1980 (42
U.S.C. 9601 et seq.). Existing 30 CFR 875.16(a) and (b)(2) refer to
prior balance replacement funds, which are moneys from the United
States Treasury's General Fund that replaced State or Tribal share
funds that were allocated before October 1, 2007, but never
appropriated by Congress. Section 411(h)(1) of SMCRA required OSMRE to
distribute prior balance replacement funds to eligible States and
Tribes for 7 years, beginning October 1, 2008. As the distribution of
prior balance replacement funds is complete, the Department of the
Interior (Department) and OSMRE have determined that the reference to
prior balance replacement funds in 30 CFR 875.16(a) should be removed
and existing 30 CFR 875.16(b)(2) should be rescinded because they are
obsolete. To the extent States or Tribes may have any unspent prior
balance replacement funds, those funds will be governed by the
regulations that were in place at the time of the initial grant award.
The Department has determined that these reasons, independently and
alone, justify amending 30 CFR 875.16(a) and rescinding existing 30 CFR
875.16(b)(2) to remove the references to prior balance replacement
funds. The Department has no interest in maintaining a rule that is
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 amendment or rescission of the regulatory language and
raise, alone or in combination, (1) reasons why the amendment or
rescission of the regulatory language is inappropriate, including
challenges to the amendment's or rescission's underlying premise, or
(2) serious unintended consequences of the amendment or rescission. 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 revises the Federal regulations to remove obsolete
regulatory language; 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.
[[Page 54585]]
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
The Department 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
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 1029-0103. 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 regulatory
language. 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 875
Indians--lands, Reporting and recordkeeping requirements, Surface
mining, Underground mining.
Leslie Shockley Beyer,
Assistant Secretary, Land and Minerals Management.
For the reasons stated in the preamble, the Department amends 30
CFR part 875 as follows:
PART 875--CERTIFICATION AND NONCOAL RECLAMATION
0
1. The authority citation for part 875 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
0
2. Amend Sec. 875.16 by:
0
a. Revising paragraph (a);
0
b. Removing paragraph (b)(2); and
0
c. Redesignating paragraph (b)(3) as paragraph (b)(2)
The revision reads as follows:
Sec. 875.16 Exclusion of certain noncoal reclamation sites.
(a) You, the uncertified State or Indian tribe, may not use moneys
from the Fund for the reclamation of sites and areas designated for
remedial action under the Uranium Mill Tailings Radiation Control Act
of 1978 (42 U.S.C. 7901 et seq.) or that have been listed for remedial
action under the Comprehensive Environmental Response Compensation and
Liability Act of 1980 (42 U.S.C. 9601 et seq.).
* * * * *
[FR Doc. 2025-21442 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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