Rule2026-06197
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
March 31, 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 confirming the effective date of the direct final rule entitled, "Backfilling and Grading," which was originally published on November 28, 2025. The direct final rule rescinded a regulation that prescribed time and distance performance standards for the completion of rough backfilling and grading for surface mining operations that were suspended by the Secretary of the Interior in 1992 but never removed from the Code of Federal Regulations. During the comment period, OSM received two comments that required further review and consideration to determine whether the comments warranted a response or the withdrawal or modification of the final rule. After further review and consideration, OSM determined that these comments were not significant adverse comments and is confirming the effective date of this rule.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 61 (Tuesday, March 31, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 61 (Tuesday, March 31, 2026)]
[Rules and Regulations]
[Pages 15884-15885]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06197]
=======================================================================
-----------------------------------------------------------------------
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; confirmation of effective date.
-----------------------------------------------------------------------
SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)
is confirming the effective date of the direct final rule entitled,
``Backfilling and Grading,'' which was originally published on November
28, 2025. The direct final rule rescinded a regulation that prescribed
time and distance performance standards for the completion of rough
backfilling and grading for surface mining operations that were
suspended by the Secretary of the Interior in 1992 but never removed
from the Code of Federal Regulations. During the comment period, OSM
received two comments that required further review and consideration to
determine whether the comments warranted a response or the withdrawal
or modification of the final rule. After further review and
consideration, OSM determined that these comments were not significant
adverse comments and is confirming the effective date of this rule.
DATES: The effective date of March 30, 2026, for the direct final rule
published at 90 FR 54573 (Nov. 28, 2025), delayed at 91 FR 3374 January
27, 2026, is confirmed.
FOR FURTHER INFORMATION CONTACT: James Tyree, Chief, Division of
Regulatory Support, (202) 208-4479, <a href="/cdn-cgi/l/email-protection#4c2638353e29290c233f213e29622b233a"><span class="__cf_email__" data-cfemail="1f756b666d7a7a5f706c726d7a31787069">[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, which was published
at 90 FR 54573 (Nov. 28, 2025), included a 30-day public comment period
that ended on December 29, 2025. The original effective date of the
direct final rule was January 27, 2026. However, OSM received two
timely comments on the rule, and OSM decided to extend the original
effective date to allow for sufficient time to review and consider
those comments to determine whether they were significant adverse
comments warranting a response or withdrawal or modification of the
final rule. Consequently, on January 27, 2026, OSM published a Federal
Register notice delaying the effective date for 60 days until March 30,
2026.
The two timely comments expressed opposition to OSM's decision to
lift the suspension of 30 CFR 816.101 and remove the suspended
language. Commenters generally disagreed with OSM's characterization of
the provision as unnecessary and unlawful and alleged that OSM's final
rule is major, controversial, and should be reconsidered with notice
and comment rulemaking. In addition to receiving the two timely
comments, in March 2026, long after the close of the comment period,
OSM received one additional comment; due to the untimely nature of this
comment, it was not considered.
After careful review of the timely comments, and discussed in
greater detail below, OSM determined that the comments are not
significant adverse comments warranting withdrawal or modification of
the final rule because the commenters misunderstand the intent and
effect of this final rule. Contrary to the commenters' allegations,
removing inoperative language will not have any impact on the current
requirements of SMCRA and the Federal regulations or on OSM's ability
in the future to promulgate regulations setting forth time and distance
requirements for backfilling and grading. The bottom line
[[Page 15885]]
remains that the regulations at issue in this final rule have been
inoperable since 1992, when OSM published notice that it was suspending
the regulation. Any opposition to that suspension was required to be
filed at that time--i.e., 34 years ago. While OSM agreed at that time
that it would follow the notice and comment requirements for the
Administrative Procedure Act (APA) for any future rulemakings to revise
the time and distance requirements for backfilling and grading, OSM has
not proposed any new regulations to replace the suspended provisions
and is not doing so at this time. OSM is merely removing language that
has no application, cannot be enforced, and could be confusing to
someone without deep familiarity with the history of the SMCRA
implementing regulations and esoteric procedures related to the Code of
Federal Regulations.
Further, OSM rejects the commenters' assertions that the language
of 30 CFR 816.101 is necessary and lawful. As noted above, this
provision has no applicability, making it unnecessary, and any attempt
to enforce this provision would be rejected because the provision was
suspended over 30 years ago, making any attempt to enforce the
provision unlawful.
Finally, commenters contend that the topic of time and distance
requirements for backfilling and grading is simply too controversial to
be addressed by a direct final rule and that classifying the rule as
``technical'' does not insulate it from controversy that would require
notice and comment rulemaking. In support of this position, one
commenter attached documents alleging environmental harms related to
surface coal mining operations for which reclamation was delayed for
years after active coal extraction ended. OSM rejects the
characterization of a direct final rule removing inoperative language
as controversial merely because the inoperative language, if operative,
would pertain to an issue of importance to the commenter. By that
logic, no technical or housekeeping rule could ever be promulgated
without notice and comment if even one individual alleges that the
large, more general topic itself is controversial. Further, the
commenters' own inaction on this issue for the last thirty years
undercut their arguments. In the three decades since this rule was
suspended, commenters have not requested a rulemaking on this topic
and, as recently as last year, when the Department sought comments on
regulations that should be modified or repealed. Neither commenter
suggested any revisions to this provision. 90 FR 21504 (May 20, 2025)
(Docket DOI-2025-0005); see also 30 CFR 700.12.
As OSM made clear in the preamble to the rule, OSM had good cause
under 5 U.S.C. 553(b)(B) to forgo notice-and-comment rulemaking because
the rule is noncontroversial, only makes a technical update to remove a
long suspended an inoperative rule, involves little agency discretion,
and is unlikely to generate significant adverse comments. See 90 FR
54573. Moreover, even if OSM had no good cause to forgo notice-and-
comment rulemaking, the direct final rule itself provided notice and an
opportunity for comment and the commenters availed themselves of that
opportunity. On that basis, the direct final rule complies with the
APA.
For the reasons stated above, OSM determined that the two timely
comments received on this rule were not significant adverse comments
and there is no need to withdraw the direct final rule or provide any
further notice and comment. As such, this notice confirms that this
final rule will be effective on March 30, 2026.
Lanny E. Erdos,
Director, Office of Surface Mining Exercising the Authority of the
Assistant Secretary--Land and Minerals Management.
[FR Doc. 2026-06197 Filed 3-30-26; 8:45 am]
BILLING CODE 4310-05-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on March 31, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.