The Department of the Interior's Office of Surface Mining Reclamation and Enforcement has proposed a rule to rescind the 2024 "Ten-Day Notices and Corrective Action" regulation. This rule, established by the previous administration, created complexities in state and federal collaboration on surface coal mining oversight.
The proposal aims to revert to the simpler 2020 version from the first Trump administration. It seeks to eliminate unnecessary federal bureaucracy and return regulatory authority to states. Adam G. Suess, Acting Assistant Secretary for Land and Minerals Management, stated, “This is common sense. We’re cutting red tape, restoring clarity and respecting states’ right to lead. Federal oversight doesn’t mean federal interference.”
The 2024 rule was criticized for introducing confusing definitions, rigid deadlines, and ignoring the Surface Mining Control and Reclamation Act of 1977's intent that prioritizes state regulation of mining on their lands.
Under the new proposal:
- Coordination with states would be streamlined.
- State regulators would not be misclassified as "persons" unless acting as operators.
- Complaints must include justification before triggering federal action.
- Corrective action plans would be reinstated for ten-day notices.
- Arbitrary deadlines causing delays would be removed.
OSMRE will issue ten-day notices when there is reason to believe a violation exists, working cooperatively with states for resolution.
This initiative supports Secretary’s Order 3421 "Achieving Prosperity Through Deregulation," President Donald J. Trump’s Executive Order 14154 "Unleashing Prosperity Through Deregulation," and Secretarial Order 3418 "Unleashing American Energy." These orders focus on removing burdensome regulations to promote energy development and economic prosperity.
Public comments are invited on this proposed rule within 30 days following its publication in the Federal Register next week.
