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Rule2026-033012026-02-19

Rescission of the “Ten-Day Notices and Corrective Action for State Regulatory Program Issues” Rule, Issued April 9, 2024

Interior Department, Surface Mining Reclamation and Enforcement Office

Abstract

The Office of Surface Mining Reclamation and Enforcement ("OSMRE" or "OSM") is rescinding the "Ten-Day Notices and Corrective Action for State Regulatory Program Issues" rule adopted on April 9, 2024 (the "2024 Rule"), and replacing it, in large part, with the rule titled, "Clarification of Provisions Related to the Issuance of Ten-Day Notices to State Regulatory Authorities and Enhancement of Corrective Action for State Regulatory Program Issues," which was first adopted on November 24, 2020 (the "2020 Rule"). This final rule does make some minor modifications to the 2020 Rule to further streamline the process for OSM's coordination with State regulatory authorities, minimize duplication of efforts in the administration of the Surface Mining Control and Reclamation Act of 1977 ("SMCRA" or "the Act"), and appropriately recognize that State regulatory authorities are the primary regulatory authorities for non- Federal, non-Indian lands within their borders.

Action & Dates

Action
Final rule.
Dates
This rule is effective on March 23, 2026.
Effective Date
2026-03-23

CFR References

Topics

Intergovernmental relationsLaw enforcementSurface miningUnderground mining

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of the Interior Office of Surface Mining Reclamation and Enforcement 30 CFR Parts 733 and 842 [Docket No. OSM-2025-0018; S1D1S SS08011000 SX064A000 256S180110; S2D2S SS08011000 SX064A000 25XS501520] RIN 1029-AC89 ( printed page 7835) AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior. ACTION: Final rule. SUMMARY: The Office of Surface Mining Reclamation and Enforcement (“OSMRE” or “OSM”) is rescinding the “Ten-Day Notices and Corrective Action for State Regulatory Program Issues” rule adopted on April 9, 2024 (the “2024 Rule”), and replacing it, in large part, with the rule titled, “Clarification of Provisions Related to the Issuance of Ten-Day Notices to State Regulatory Authorities and Enhancement of Corrective Action for State Regulatory Program Issues,” which was first adopted on November 24, 2020 (the “2020 Rule”). This final rule does make some minor modifications to the 2020 Rule to further streamline the process for OSM's coordination with State regulatory authorities, minimize duplication of efforts in the administration of the Surface Mining Control and Reclamation Act of 1977 (“SMCRA” or “the Act”), and appropriately recognize that State regulatory authorities are the primary regulatory authorities for non-Federal, non-Indian lands within their borders. DATES: This rule is effective on March 23, 2026. FOR FURTHER INFORMATION CONTACT: James

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Full Document

Citation: 91 FR 7835