Rule2026-01566
General Reclamation Requirements
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
January 27, 2026
Effective
March 30, 2026
Issuing agencies
Interior DepartmentSurface Mining Reclamation and Enforcement Office
Abstract
The Office of Surface Mining Reclamation and Enforcement (OSM) is delaying the effective date of the direct final rule "General Reclamation Requirements," published on November 28, 2025. The direct final rule revised the Federal regulations to rescind language requiring compliance with the regulations when funding reclamation projects with 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. During the comment period, OSM received comments that require further review and consideration to determine whether they are significant adverse comments warranting a response, withdrawal, or modification of the final rule.
Full Text
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<title>Federal Register, Volume 91 Issue 17 (Tuesday, January 27, 2026)</title>
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[Federal Register Volume 91, Number 17 (Tuesday, January 27, 2026)]
[Rules and Regulations]
[Page 3374]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01566]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 874
[Docket No. OSM-2025-0015; S1D1S SS08011000 SX064A000 256S180110; S2D2S
SS08011000 SX064A000 25XS501520]
RIN 1029-AC99
General Reclamation Requirements
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Direct final rule; delay of effective date.
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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)
is delaying the effective date of the direct final rule ``General
Reclamation Requirements,'' published on November 28, 2025. The direct
final rule revised the Federal regulations to rescind language
requiring compliance with the regulations when funding reclamation
projects with 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. During the comment period, OSM received
comments that require further review and consideration to determine
whether they are significant adverse comments warranting a response,
withdrawal, or modification of the final rule.
DATES: As of January 27, 2026, the effective date of the direct final
rule published November 28, 2025, at 90 FR 54582 is delayed until March
30, 2026.
FOR FURTHER INFORMATION CONTACT: James Tyree, Chief, Division of
Regulatory Support, (202) 208-4479, <a href="/cdn-cgi/l/email-protection#0b617f72796e6e4b647866796e256c647d"><span class="__cf_email__" data-cfemail="c8a2bcb1baadad88a7bba5baade6afa7be">[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 direct final rule published at 90 FR
54582 included a 30-day public comment period that ended on December
29, 2025. The effective date of the direct final rule was January 27,
2026.
As explained in the direct final rule, the Federal regulations at
30 CFR 874.11 clarify that States and Tribes must comply with 30 CFR
part 874 when funding reclamation projects with 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.
As amended in 2006, section 411(h)(1) of the Surface Mining Control and
Reclamation Act of 1977 required OSM 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 OSM
concluded that existing 30 CFR 874.11(b) should be rescinded because it
is obsolete.
The Department and OSM maintain this position. However, at the
close of the comment period for the direct final rule, OSM received
several comments that may be significant adverse comments. OSM has
determined that the effective date of the direct final rule should be
delayed by 60 days to allow it additional time to review and consider
whether one or more of the comments received on the direct final rule
are significant adverse comments warranting a response, withdrawal, or
modification of the final rule. OSM recognizes that other direct final
rules published on November 24 and 28, 2025, may also be impacted by
these comments. During its review, OSM will consider what impact, if
any, these comments have on those direct final rules and take
appropriate action, as necessary.
Lanny E. Erdos,
Acting Assistant Secretary, Land and Minerals Management.
[FR Doc. 2026-01566 Filed 1-26-26; 8:45 am]
BILLING CODE 4310-05-P
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</html>Indexed from Federal Register on January 27, 2026.
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