Wyoming Regulatory Program

Issuing agencies

Abstract

The Office of Surface Mining Reclamation and Enforcement (OSM), are approving an amendment to the Wyoming regulatory program (Wyoming program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The Wyoming Land Quality Division (WLQD) submitted this proposed amendment in response to our January 19, 2024 partial approval of an amendment to WLQD's regulations for coal exploration by drilling (SATS No. WY-050-FOR; Docket ID No. OSM-2021- 0004). In the final rule, under the heading "Revisions to Wyoming's Rules That We Are Not Approving," OSM listed several provisions containing typographical errors that WLQD would need to correct through future rulemaking. WLQD now proposes those corrections with this amendment (SATS No. WY-055-FOR; Docket ID No. OSM-2025-0002).

Full Text

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<title>Federal Register, Volume 91 Issue 205 (Monday, October 26, 2026)</title>
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[Federal Register Volume 91, Number 205 (Monday, October 26, 2026)]
[Rules and Regulations]
[Pages 67211-67214]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21835]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 950

[SATS No. WY-055-FOR; Docket ID No. OSM-2025-0002; S1D1S SS08009000 
SX064A000 278S180110; S2D2S SS08009000 SX064A000 27XS501520; S2R2B 
SS08009000 SX064A000 22XS5015I]


Wyoming Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Final rule; approving

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement 
(OSM), are approving an amendment to the Wyoming regulatory program 
(Wyoming program) under the Surface Mining Control and Reclamation Act 
of 1977 (SMCRA or the Act). The Wyoming Land Quality Division (WLQD) 
submitted this proposed amendment in response to our January 19, 2024 
partial approval of an amendment to WLQD's regulations for coal 
exploration by drilling (SATS No. WY-050-FOR; Docket ID No. OSM-2021-
0004). In the final rule, under the heading ``Revisions to Wyoming's 
Rules That We Are Not Approving,'' OSM listed several provisions 
containing typographical errors that WLQD would need to correct through 
future rulemaking. WLQD now proposes those corrections with this 
amendment (SATS No. WY-055-FOR; Docket ID No. OSM-2025-0002).

DATES: The effective date is November 25, 2026.

FOR FURTHER INFORMATION CONTACT: Jeffrey Fleischman, Field Office 
Director, Office of Surface Mining Reclamation and Enforcement, 100 
East B Street, Room 4100; Casper, Wyoming 82602.Telephone: (307) 261-
6550. Email: <a href="/cdn-cgi/l/email-protection#e48e8288818d97878c89858aa48b97899681ca838b92"><span class="__cf_email__" data-cfemail="0b616d676e62786863666a654b647866796e256c647d">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:
I. Background on the Wyoming Program
II. Submission of the Amendment
III. OSM's Findings
    A. Minor Revisions to Wyoming's Rules
IV. Summary and Disposition of Comments
V. OSM's Decision
VI. Procedural Determinations

I. Background on the Wyoming Program

    Section 503(a) of SMCRA permits a State to assume primacy for the 
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that 
its program includes, among other things, State laws and regulations 
that govern surface coal mining and reclamation operations in 
accordance with SMCRA and consistent with the Federal implementing 
regulations. See 30 U.S.C. 1253(a)(1) and (7); 30 CFR 730.5 and 
732.15(a).
    On the basis of these criteria, the Secretary of the Interior 
conditionally approved the Wyoming program on November 26, 1980. You 
can find background information on the Wyoming program, including the 
Secretary's findings, the disposition of comments, and conditions of 
approval in the November 26, 1980, Federal Register (45 FR 78637). You 
can also find later actions concerning the Wyoming program and 
amendments thereto at 30 CFR 950.10, 950.12, 950.15, 950.16, and 
950.20.

II. Submission of the Amendment

    Between 1978 and 2007, the Wyoming State legislature enacted a 
number of revisions to its statutes governing coal exploration by 
drilling. The proposed statutory revisions reflected organizational 
updates at WLQD, corrected typographical errors, provided more detailed 
instructions for plugging and sealing drill holes, incorporated 
provisions for the awarding of attorney fees and other litigation 
costs, and included more detailed instructions for bond release. In 
addition to the statutory changes, on March 2, 2016, the Wyoming 
Environmental Quality Council approved several revisions to Chapter 14 
of the Land Quality Division Coal Rules and Regulations governing coal 
exploration by drilling, which were last updated in 1998. Specifically, 
the rules were updated to include best management practices and 
standards adopted by the Wyoming State Engineer's Office that conform 
with accepted practices established by the American Society for Testing 
and Materials, the American Water Works Association, and the Wyoming 
DEQ--Water Quality Division regulations. Other revisions included a 
list of acceptable grout materials, requirements to plug and 
immediately cap the entire drill hole, additional identification 
numbers to facilitate inspections, and minor formatting and 
organizational changes. Accordingly, by letter dated June 4, 2021, the 
State proposed to OSM these statutory and regulatory changes on its own 
initiative.
    On January 19, 2024, OSM approved, with exceptions, the WY-050-FOR 
amendment, effective February 20, 2024 (89 FR 3562). In the final rule, 
under the heading ``Revisions to Wyoming's Rules That We Are Not 
Approving,'' OSM noted an inadvertent word-swap in the language 
proposed for chapter 14, subsection 3(a) addressing reclamation of 
drill sites and ancillary roads: specifically, the word ``location'' 
was used instead of the previously approved word ``condition,'' 
rendering the rule illogical. OSM also noted that WLQD, in referencing 
its own ``Land Quality Division Coal Rules and Regulations'' in the 
language proposed for chapter 14, subsections 3(c), 3(d), 3(e), and 
4(d), omitted the word ``Division'' and that made the title of these 
regulations incomplete.
    As laid out in the final rule, by letter dated October 24, 2023, 
OSM informed WLQD of these typographical errors and the need to correct 
them, while offering to delay rulemaking under WY-050-FOR to 
accommodate the corrections. WLQD responded by letter dated November 
22, 2023, that, although they had taken the initial steps to address 
OSM's concerns, the State's internal rulemaking processes would 
preclude WLQD from making the corrections within the allowable 
timeframe. WLQD subsequently undertook rulemaking to correct the minor 
errors; the revised rules were approved by the Environmental Quality 
Council on October 23, 2024, filed with the Wyoming Secretary of State 
on January 3, 2025, and transmitted to OSM on January 22, 2025. In the 
January 22,

[[Page 67212]]

2025 revisions, WLQD included additional minor corrections noted during 
OSM's initial review of the original amendment and communicated to the 
State by email on July 27, 2021. Specifically, OSM pointed out that, in 
the language proposed for chapter 14, subsection 2(e)(iii), the word 
``part'' was misspelled ``peart;'' at subsection 2(g), the punctuation 
directly after the first use of ``shall'' should probably have been a 
colon instead of a semicolon; and at subsection 2(h), the punctuation 
directly after the second use of the term ``material'' should probably 
have been a period instead of a comma.
    During OSM's initial review of the January 22, 2025 revision 
package, OSM noticed a new typographical error that was introduced 
during the rulemaking to correct the previously identified errors. 
Specifically, in the required correction to chapter 14, subsection 
3(e), in referencing its Land Quality Division Coal Rules and 
Regulations, WLQD transposed the words ``Coal'' and ``Division'' 
forming the incorrect title for these regulations as ``Land Quality 
Coal Division Rules and Regulations.'' OSM communicated this 
discrepancy to WLQD which was able to make the correction using its own 
streamlined process for non-substantive changes that do not require 
formal rulemaking. Accordingly, on February 7, 2025, WLQD retransmitted 
a corrected copy of the January 22, 2025 submittal for OSM's review.

III. OSM's Findings

    The following are the findings OSM made concerning the amendment 
under SMCRA and the Federal implementing regulations at 30 CFR 732.15 
and 732.17. OSM is approving the amendment as described below. The full 
text of the approved amendment is available online at 
<a href="http://www.regulations.gov">www.regulations.gov</a>.

A. Minor Revisions to Wyoming's Rules

    WLQD proposed minor spelling and grammatical and organizational 
changes to Chapter 14 of the Land Quality Division Coal Rules and 
Regulations. WLQD did not propose any substantive changes to the text 
of these previously approved regulations. Because the proposed 
revisions are minor and result in no substantive changes to the Wyoming 
program, OSM is approving the changes and find that they are no less 
effective than the corresponding Federal regulations at 30 CFR parts 
700 to 887. The specific, minor revisions to the Code of Wyoming Rules 
are as follows:
    <bullet> Chapter 14, subsection 2(e)(iii): spelling error 
(``peart'' corrected as ``part'');
    <bullet> Chapter 14, subsection 2(g): punctuation error (semicolon 
struck and replaced with colon);
    <bullet> Chapter 14, subsection 2(h): punctuation error (comma 
struck and replaced with full stop);
    <bullet> Chapter 14, subsection 3(a): word-swap (``location'' 
struck and replaced with ``condition'');
    <bullet> Chapter 14, subsection 3(c): word omission (``Division'' 
inserted between ``Quality'' and ``Coal'');
    <bullet> Chapter 14, subsection 3(d): word omission (``Division'' 
inserted between ``Quality'' and ``Coal'');
    <bullet> Chapter 14, subsection 3(e): word omission and 
transposition (``Coal'' erroneously inserted between ``Quality'' and 
``Division''; Wyoming subsequently rectified this initial correction 
attempt by properly relocating ``Coal'' between ``Division'' and 
``Rules''); and
    <bullet> Chapter 14, subsection 4(d): word omission (``Division'' 
inserted between ``Quality'' and ``Coal'').

IV. Summary and Disposition of Comments

Public Comments

    OSM asked for public comments on the amendment; three comments were 
received. One commenter submitted a poem about the virtues of 
``beautiful, clean coal.'' OSM thanks the poet for their time but finds 
the comment to be outside the scope of this rulemaking about proposed 
revisions to the Wyoming program. Another commenter expressed 
frustration with WLQD's typographical mistakes and broader concerns 
with the fossil fuel industry. The comments about the merits of 
companies that extract fossil fuels are outside the scope of this 
rulemaking, but OSM does agree with the commenter about the importance 
of proper spelling and grammar generally, and in the rulemaking arena 
specifically. However, typographical errors in proposed or final 
rulemakings are not grounds to require a State to ``start over'' and 
the Federal regulations at 30 CFR 732.17(h) allow for partial approvals 
of amendments and subsequent rulemakings to incorporate required 
revisions. Here, OSM and WLQD followed the process laid out at 30 CFR 
732.17(h) by not approving earlier proposed rules that contained errors 
and correcting those errors in this proposed amendment.
    The third commenter provided a variety of recommendations regarding 
OSM's Tribal engagement process for amendments, including: (1) conduct 
comprehensive legal and technical pre-approval reviews of all proposed 
amendments, with attention to how changes affect Tribal interests; (2) 
implement mandatory Tribal consultation for all program amendments 
under SMCRA that involve shared watersheds, adjacent lands, or 
potential cultural resource impacts; (3) distribute plain-language 
summaries of proposed rule changes to Tribal Historic Preservation 
Officers (THPO) and Tribal environmental departments; and (4) 
institutionalize Tribal feedback into SMCRA implementation guidance for 
state program officials.
    While the comment was focused on OSM's Tribal engagement process 
for amendments generally, which is outside the scope of this 
rulemaking, OSM addresses the suggestions for this proposed amendment 
specifically. With respect to the first recommendation, these steps are 
already integrated into OSM's review process: see OSM Directive 979 
entitled, ``REG-18,'' which implements Executive Order 13175, 
Presidential Memorandum on Tribal Consultation dated November 9, 2009, 
and Secretarial Order 3317; OSM Standard Operating Procedure 3000-01; 
and Department of the Interior Departmental Manual part 512, chapters 4 
and 5. With respect to the second recommendation, OSM reached out to 42 
federally recognized Tribes with an actual or potential interest in the 
Wyoming program by electronic and hard copy letter dated October 7, 
2025. OSM did not receive any substantive comments or requests for 
consultation or further discussion on the amendment in response to this 
letter. With respect to the third recommendation, OSM always strives to 
write in plain language, as required by the Plain Writing Act of 2010, 
and incorporated this practice as part of OSM's October 7, 2025 Tribal 
consultation initiation letter. Finally, the fourth recommendation is 
outside the scope of this rulemaking but OSM conveyed the 
recommendation to the Program Support Directorate, which has 
responsibility for the development of guidance for state program 
implementation at OSM.

Federal Agency Comments

    On March 13, 2025, under 30 CFR 732.17(h)(11)(i) and section 503(b) 
of SMCRA, OSM requested comments on the amendment from various Federal 
agencies with an actual or potential interest in the Wyoming program. 
OSM did not receive any comments.

V. OSM's Decision

    Section 503(a) of SMCRA requires that the State program demonstrate 
the State has the capability of carrying out the provisions of SMCRA 
and meeting

[[Page 67213]]

its purposes. SMCRA requires consistency between State and Federal 
standards. Based on the above findings, OSM approves the Wyoming 
amendment submitted on February 7, 2025. To implement this decision, 
OSM is amending the Federal regulations at 30 CFR 950.15 that codify 
decisions concerning the Wyoming program. In accordance with the 
Administrative Procedure Act, this rule will take effect 30 days after 
the date of publication.

VI. Procedural Determinations

Executive Order 12630--Governmental Actions and Interference With 
Constitutionally Protected Property Rights

    This rule would not effect a taking of private property or 
otherwise have taking implications that would result in public property 
being taken for government use without just compensation under the law. 
Therefore, a takings implication assessment is not required. This 
determination is based on an analysis of the corresponding Federal 
regulations.

Executive Orders 12866--Regulatory Planning and Review, 13563--
Improving Regulation and Regulatory Review

    Executive Order 12866, as amended by Executive Order 13563, 
provides that the Administrator of the Office of Information and 
Regulatory Affairs within the Office of Management and Budget (OMB) 
will review all significant rules. Pursuant to OMB guidance dated 
October 12, 1993, the approval of State program amendments is exempted 
from OMB review under Executive Order 12866.

Executive Order 12988--Civil Justice Reform

    The Department of the Interior has reviewed this rule as required 
by section 3 of Executive Order 12988. The Department determined that 
this Federal Register document meets the criteria of section 3 of 
Executive Order 12988, which is intended to ensure that the agency 
review its proposed legislation and regulations to eliminate drafting 
errors and ambiguity; that the agency write its legislation and 
regulations to minimize litigation; and that the agency's legislation 
and regulations provide a clear legal standard for affected conduct 
rather than a general standard, and promote simplification and burden 
reduction. Because section 3 focuses on the quality of Federal 
legislation and regulations, the Department limited its review under 
this Executive Order to the quality of this Federal Register document 
and to changes to the Federal regulations. The review under this 
Executive Order did not extend to the language of the State regulatory 
program or to the program amendment that the Cabinet proposed.

Executive Order 13132--Federalism

    This rule is not a ``[p]olicy that [has] federalism implications'' 
as defined by section 1(a) of Executive Order 13132 because it does 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.'' 
Instead, this rule approves an amendment to the Wyoming program 
submitted and drafted by that State. OSM reviewed the submission with 
fundamental federalism principles in mind as set forth in sections 2 
and 3 of the Executive Order and with the principles of cooperative 
federalism set forth in SMCRA. See, e.g., 30 U.S.C. 1201(f). As such, 
pursuant to section 503(a)(1) and (7) (30 U.S.C. 1253(a)(1) and (7)), 
OSM reviewed the program amendment to ensure that it is ``in accordance 
with'' the requirements of SMCRA and ``consistent with'' the Federal 
implementing regulations issued by the Secretary pursuant to SMCRA.

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Governments

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Tribes through a commitment 
to consultation with Tribes and recognition of their right to self-
governance and Tribal sovereignty. By electronic and hard copy letter 
dated October 7, 2025, and in line with the Department's consultation 
policy and Executive Order 13175, OSM invited 42 federally recognized 
Tribes with an actual or potential interest in the Wyoming program to 
consult on the amendment. OSM did not receive any substantive comments 
or requests for consultation or further discussion on the amendment in 
response to this letter.

Executive Order 13211--Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    Executive Order 13211 requires agencies to prepare a Statement of 
Energy Effects for a rulemaking that is (1) considered significant 
under Executive Order 12866, and (2) likely to have a significant 
adverse effect on the supply, distribution, or use of energy. Because 
this rule is exempt from review under Executive Order 12866 and is not 
a significant energy action under the definition in Executive Order 
13211, a Statement of Energy Effects is not required.

National Environmental Policy Act

    Consistent with sections 501(a) and 702(d) of SMCRA (30 U.S.C. 
1251(a) and 1292(d)) and the U.S. Department of the Interior 
Departmental Manual, part 516, section 13.5(A), State program 
amendments are not major Federal actions within the meaning of section 
102(2)(C) of the National Environmental Policy Act (42 U.S.C. 
4332(2)(C)).

Paperwork Reduction Act

    This rule does not include requests and requirements of an 
individual, partnership, or corporation to obtain information and 
report it to a Federal agency. As this rule does not contain 
information collection requirements, a submission to the Director of 
the Office of Management and Budget under the Paperwork Reduction Act 
(44 U.S.C. 3501 et seq.) is not required.

Regulatory Flexibility Act

    This rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). The State submittal, which is the subject 
of this rule, is based upon corresponding Federal regulations for which 
an economic analysis was prepared, and certification made that such 
regulations would not have a significant economic effect upon a 
substantial number of small entities. In making the determination as to 
whether this rule would have a significant economic impact, the 
Department relied upon the data and assumptions for the corresponding 
Federal regulations.

Congressional Review Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule: (a) does not 
have an annual effect on the economy of $100 million; (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) does not have significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of U.S.-based enterprises to compete with foreign-based 
enterprises. This determination is based on an analysis of the 
corresponding Federal regulations, which were determined to not 
constitute a major rule.

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Unfunded Mandates

    This rule will 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. This determination 
is based on an analysis of the corresponding Federal regulations, which 
were determined to not impose an unfunded mandate. 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 950

    Intergovernmental relations, surface mining, underground mining.

Jeffrey Fleischman,
Acting Regional Director, Interior Regions 5, 7-11.

    For the reasons set out in the preamble, 30 CFR part 950 is amended 
as set forth below:

PART 950--WYOMING

0
1. The authority citation for part 950 continues to read as follows:

    Authority:  30 U.S.C. 1201 et seq.


0
2. In Sec.  950.15, amend the table by adding an entry for ``February 
7, 2025'' at the end of the table to read as follows:


Sec.  950.15   Approval of Wyoming regulatory program amendments.

* * * * *

------------------------------------------------------------------------
 Original amendment submission    Date of final
             date                  publication      Citation/description
------------------------------------------------------------------------
 
                              * * * * * * *
February 7, 2025..............  October 26, 2026.  LQD Rules, Ch XIV,
                                                    Sec.  Sec.
                                                    2(e)(iii), 2(g),
                                                    2(h), 3(a), 3(c),
                                                    3(d), 3(e), 4(d)
                                                    Minor typographical
                                                    corrections.
------------------------------------------------------------------------

[FR Doc. 2026-21835 Filed 10-23-26; 8:45 am]
BILLING CODE 4310-05-P


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