Surface Mining Reclamation and Enforcement Office
2026-10-26 · Rule
Wyoming Regulatory Program
Official 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).
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2026-10-26 · Rule
Ohio Regulatory Program
Official abstract: The Office of Surface Mining Reclamation and Enforcement (OSM) is approving an amendment to the Ohio regulatory program (Ohio program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). OSM is approving Ohio's proposal to add, rescind, or modify 39 rules under the Ohio Administrative Code that relate to, among other things: permit applications, hydrologic map and cross-sections, general map requirements, requirements for permits for special categories of mining, underground mining permit application, small operator assistance program, and self-bonding.
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2026-10-26 · Notice
Agency Information Collection Activities; 30 CFR 822-Special Permanent Program Performance Standards-Operations in Alluvial Valley Floors
Official abstract: In accordance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is proposing to renew an information collection. The information collected is used to verify that alluvial valley floors are protected in accordance with statutory requirements.
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2026-10-05 · Notice
Submission to the Office of Management and Budget for Review and Approval; Technical Evaluation Surveys; Agency Information Collection Activities: Technical Evaluation Surveys
Official abstract: In accordance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is proposing to renew an information collection.
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2026-09-01 · Rule
Montana Regulatory Program
Official abstract: The Office of Surface Mining Reclamation and Enforcement (OSM) published a document in the Federal Register on August 21, 2026, not approving, with one exception, an amendment to the Montana regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). OSM made an error in the document by adding an entry to 30 CFR 926.12 at paragraph (c), a paragraph that already existed. This document corrects the final regulation.
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2026-09-01 · Notice
Notice of Availability of the Final Environmental Impact Statement and Record of Decision for Navajo Transitional Energy Company's Navajo Mine No Name SMCRA Permit
Official abstract: The Office of Surface Mining Reclamation and Enforcement (OSM) is publishing this notice to announce that it has prepared a Final Environmental Impact Statement (FEIS) and Record of Decision (ROD) for Navajo Transitional Energy Company's (NTEC) proposed Surface Mining Control and Reclamation Act of 1977 (SMCRA) permit for the No Name Permit area within NTEC's existing Navajo Mine Lease 14-20-603-2505.
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2026-08-25 · Rule
Montana Regulatory Program
Official abstract: We, the Office of Surface Mining Reclamation and Enforcement (OSM), are denying an amendment to the Montana regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Montana submitted this proposed amendment to OSM on its own initiative in response to a State law passed by the Montana Legislature (Senate Bill (SB) 392). The proposed amendment would have added a provision requiring equal application of court costs to the prevailing party in contested case proceedings by a court or administrative agency that issues a decision. The proposal would have also amended the Montana Code Annotated (MCA) to refer to the proposed equal application of court costs rule. Finally, SB 392 includes contingencies that apply to the proposed amendment but are not codified into the MCA: codification instructions, a severability clause, an effective date clause, and an applicability statement.
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2026-08-21 · Rule
Montana Regulatory Program
Official abstract: The Office of Surface Mining Reclamation and Enforcement (OSM) is not approving, with one exception, an amendment to the Montana regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The Montana legislature, specifically Montana House Bill 328, proposes to add a definition of affected drainage basin to the Montana Code Annotated (MCA). Additionally, House Bill 328 proposes changes to the Montana Code Annotated, pertaining to bond release application requirements.
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2026-08-14 · Notice
Agency Information Collection Activities; State Processes for Designating Areas Unsuitable for Surface Coal Mining Operations
Official abstract: In accordance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is proposing to renew an information collection.
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2026-08-11 · Rule
North Dakota Regulatory Program
Official abstract: We, the Office of Surface Mining (OSM), are approving an amendment to the North Dakota regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). North Dakota has made changes to the North Dakota Century Code and North Dakota Administrative Code resulting from actions initiated during both the 2017 and 2021 Legislative Sessions. Changes include altering the time required for scheduling and applying for select permit related actions, creation of the North Dakota Department of Environmental Quality and a transfer of select responsibilities from the Department of Health, establishment of the Department of Water Resources, and the powers and duties of that agency and the state engineer.
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2026-08-07 · Rule
Ohio Regulatory Program
Official abstract: The Office of Surface Mining Reclamation and Enforcement (OSM), is approving, in part, two amendments to the Ohio regulatory program (the Ohio program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). As proposed by Ohio, the amendment involves statutory and regulatory changes to its bonding program (i.e., revising Ohio's alternative bonding system and providing the option for an applicant to post full-cost performance securities) and also includes statutory and regulatory changes pertaining to other subjects, such as abandoned mine land program funding, permitting standards, valid existing rights, remining, blasting, and topsoil handling. Ohio submitted this amendment, in part, to satisfy a program condition related to bonding inadequacies. We are removing this program condition.
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2026-07-15 · Rule
Montana Regulatory Program
Official abstract: We, the Office of Surface Mining Reclamation and Enforcement (OSM), are approving an amendment to the Montana regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Montana submitted this proposed amendment to OSM on its own initiative in response to a State law passed by the Montana Legislature--House Bill 616 (HB 616). The amendment to the Montana coal program regulations proposed that predictive modeling, along with monitoring data, may be included in a permittee's bond release application to prove compliance with their approved reclamation plans. Furthermore, Montana proposed that it may retain a portion of a bond for areas that are contributing suspended solids. HB 616 also included contingencies that apply to the proposed amendment but are not codified into the Montana Code Annotated (MCA): a severability clause, a contingent voidness clause, and an effective date clause.
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2026-07-15 · Rule
Montana Regulatory Program
Official abstract: The Office of Surface Mining Reclamation and Enforcement (OSM), is approving an amendment to the Montana regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Montana submitted this proposed amendment to OSM on its own initiative in response to a State law passed by the Montana Legislature--Senate Bill 365 (SB 365). The amendment to the Montana coal program regulations clarifies that, if a siltation structure's capacity is exceeded because of an extraordinary series of storms, an operator will not have violated the siltation structure construction requirements if the siltation structure was constructed consistent with the design capacity requirements in the applicable Administrative Rules of Montana (ARM) and the operator actively undertakes measures to restore pond capacity as soon as weather and ground conditions permit. SB 365 also includes contingencies that apply to the proposed amendment but are not codified into the Montana Code Annotated (MCA): a severability clause, a contingent voidness clause, and an effective date clause.
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2026-06-22 · Notice
Agency Information Collection Activities; 30 CFR 822-Special Permanent Program Performance Standards-Operations in Alluvial Valley Floors
Official abstract: In accordance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is proposing to renew an information collection entitled, "30 CFR 822--Special Permanent Program Performance Standards--Operations in Alluvial Valley Floors," under OMB Control Number 1029-0049. This information collection supports implementation of the Surface Mining Control and Reclamation Act of 1977 (SMCRA) and applies to surface coal mining operations west of the 100th meridian that may affect alluvial valley floors (AVFs). The information collected ensures that mining operations do not interrupt farming on AVFs, do not materially damage the hydrologic systems supplying AVFs, and preserve essential hydrologic functions during mining and reclamation.
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2026-06-22 · Notice
Submission to the Office of Management and Budget for Review and Approval; Technical Evaluation Surveys; Agency Information Collection Activities: Technical Evaluation Surveys
Official abstract: In accordance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is proposing to renew an information collection entitled, "Technical Evaluation Surveys," under OMB Control Number 1029-0114. This collection supports OSM's responsibilities under the Surface Mining Control and Reclamation Act of 1977 (SMCRA) by obtaining feedback on technical assistance, technology transfer, and outreach activities. The information gathered through customer service surveys helps OSM assess program effectiveness, improve service delivery, and measure performance goals under the Government Performance and Results Act (GPRA).
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2026-06-22 · Rule
West Virginia Regulatory Program
Official abstract: We, the Office of Surface Mining Reclamation and Enforcement (OSM), are approving two amendments to the West Virginia regulatory program (the West Virginia program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). West Virginia proposed revisions to the West Virginia Surface Coal Mining and Reclamation Act (WVSCMRA), codified at Title 22, Article 3, of the West Virginia Code (W. Va. Code), along with revisions to its administrative regulations promulgated in the West Virginia Code of State Rules (CSR) that relate to electronic permit filing, pre-subsidence surveys, and issuance of show cause orders, certain fees for surface mining permits and related authorizations, and other miscellaneous topics. We tentatively approved the provisions relating to permitting fees through an interim rule we promulgated on June 29, 2011, which became effective on July 14, 2011. With this rule, our approval of those provisions is now final.
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2026-06-18 · Notice
Agency Information Collection Activities; General Reclamation Requirements
Official abstract: In accordance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is proposing to renew an information collection.
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2026-05-29 · Rule
Montana Regulatory Program
Official abstract: The Office of Surface Mining Reclamation and Enforcement (OSM) is APPROVING an amendment to the Montana regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Montana submitted this proposed amendment to OSM on its own initiative in response to a State law passed by the Montana Legislature House Bill 587 (HB 587). The proposed amendment provides a new definition of "Material damage" with respect to the hydrologic balance, alluvial valley floors, and subsidence. It also creates an option for a permit applicant to provide self-collected information related to its determination of probable hydrologic consequences, if an appropriate Federal or State agency cannot provide such information. Finally, HB 587 includes contingencies that apply to the proposed amendment but are not codified into the Montana Code Annotated (MCA): a severability clause, a contingent voidness clause, an effective date clause, and a retroactive applicability clause.
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2026-05-21 · Rule
Kentucky Regulatory Program
Official abstract: The Office of Surface Mining Reclamation and Enforcement (OSM) is approving an amendment to the Kentucky regulatory program (hereinafter, the Kentucky program), under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). OSM is approving revisions to Kentucky's administrative regulations that reflect the repeal of its interim program regulations and make unrelated editorial updates and corrections.
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2026-05-07 · Proposed Rule
Utah Regulatory Program
Official abstract: The Office of Surface Mining Reclamation and Enforcement (OSM) is announcing receipt of a proposed amendment to the Utah coal regulatory program (hereinafter, the Utah program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Utah submitted this proposed amendment on its own initiative, following the passage of Utah House Bill 419 (HB 419) during the 2026 legislative session. HB 419 amended Title 72B, chapter 5, part 8 of the Utah Code Annotated (UCA) and would require that a bond be posted by a plaintiff who obtains a "stay or other temporary remedy issued by an agency for an "environmental action." HB 419 also states that these changes are effective as of May 6, 2026. This document gives the times and locations that the Utah program and this proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.
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