Office of Surface Mining Reclamation and Enforcement – Federal Register Recent Federal Regulation Documents
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Request for Determination of Valid Existing Rights Within the Monongahela National Forest, West Virginia
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are providing an opportunity for the public to comment on a request for a determination of valid existing rights (VER) to use an existing United States Forest Service (USFS) road as a coal mine access and haul road across Federal lands within the boundaries of the Monongahela National Forest (MNF). The mine is located on privately owned land.
Wyoming Regulatory Program and Montana Regulatory Program
In accordance with the Presidential Memorandum of January 20, 2025, titled "Regulatory Freeze Pending Review," this action temporarily delays the effective date of the Wyoming and Montana Regulatory Program amendments.
Submission to the Office of Management and Budget for Review and Approval; General
In accordance with the Paperwork Reduction Act of 1995, we, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are proposing to renew an information collection.
[S1D1S SS08011000 SX064A000 256S180110; S2D2S SS08011000 SX064A000 25XS501520; OMB Control Number 1029-0120] Submission to the Office of Management and Budget for Review and Approval; Nomination and Request for Payment Form for OSMRE's National Technical Training Courses
In accordance with the Paperwork Reduction Act of 1995, we, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are proposing to renew an information collection.
Montana Regulatory Program
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving, in part, and denying, in part, an amendment to the Montana regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). Montana submitted this proposed amendment to OSMRE on its own initiative in response to a State law passed by the Montana Legislature (House Bill (HB) 576). The proposed amendment generally concerns proposed changes to the definition of material damage and changes to permit requirements related to hydrologic information.
Wyoming Regulatory Program
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving an amendment to the Wyoming regulatory program (hereinafter, the Wyoming Program or Program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). On its own initiative, the Wyoming Land Quality Division (LQD), in response to State legislative changes enacted in 2020, proposed rules to its Program that facilitate the disposal of inert decommissioned wind turbine blades and towers as backfill in end walls or the final pit voids in surface coal mining operations. In addition, Wyoming has updated Chapter 2 of its Coal Rules, titled "Permit Application Requirements for Surface Coal Mining Operations," to provide consistency with the Wyoming Secretary of State's Rules on Rules, as well as correct grammatical errors.
Notice of Availability of the Final Environmental Impact Statement for Navajo Transitional Energy Company's Federal Mining Plan Modification for Federal Lease MTM 94378
The Office of Surface Mining Reclamation and Enforcement (OSMRE) announces the availability of the final environmental impact statement (EIS) for Navajo Transitional Energy Company's (NTEC) Lease by Application 1 (LBA1) Federal Mining Plan Modification for Federal Lease MTM-94378 and MTM 110693 (the Project). Spring Creek Mine (SCM) is in Big Horn County, Montana, approximately 32 miles from Sheridan, Wyoming. The Project, as proposed, includes 162.5 acres of additional surface disturbance and recovery of an additional 39.9 million tons (Mt) of Federal coal.
Agency Information Collection Activities; Surface and Underground Mining Permit Applications-Minimum Requirements for Information on Environmental Resources
In accordance with the Paperwork Reduction Act of 1995, we, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are proposing to renew an information collection.
Agency Information Collection Activities; Maintenance of State Programs and Procedures for Substituting Federal Enforcement of State Programs and Withdrawing Approval of State Programs
In accordance with the Paperwork Reduction Act of 1995, we, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are proposing to renew an information collection.
Submission to the Office of Management and Budget for Review and Approval; Exemption for Coal Extraction Incidental to the Extraction of Other Minerals
In accordance with the Paperwork Reduction Act of 1995, we, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are proposing to renew an information collection.
Submission to the Office of Management and Budget for Review and Approval; Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations Under Regulatory Programs
In accordance with the Paperwork Reduction Act of 1995, we, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are proposing to renew an information collection.
Submission to the Office of Management and Budget for Review and Approval; State Regulatory Authority: Inspection and Enforcement
In accordance with the Paperwork Reduction Act of 1995, we, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are proposing to renew an information collection.
Submission to the Office of Management and Budget for Review and Approval; Reclamation on Private Lands
In accordance with the Paperwork Reduction Act of 1995, we, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are proposing to renew an information collection.
Notice of Availability of the Draft Supplemental Environmental Impact Statement Federal Mining Plan Modification for Federal Coal Lease MTM 082186 at the Rosebud Mine Area F; Rosebud Mine Area F Mining Plan Modification SEIS
The Office of Surface Mining Reclamation and Enforcement (OSMRE) has prepared a Draft Supplemental Environmental Impact Statement (Draft SEIS) for the Federal Mining Plan Modification for Federal Coal Lease MTM 082186 at the Rosebud Mine Area F (Project), located in Treasure and Rosebud Counties, Montana. The proposed action would allow for continued mining operations in the Area F permit area, resulting in an estimated disturbance of up to 4,288 acres and the extraction of approximately 71.3 million tons of coal. The Draft SEIS was prepared in response to deficiencies identified by the United States District Court for the District of Montana in the 2018 Western Energy Area F Final Environmental Impact Statement. OSMRE invites public comments on the Draft SEIS during a 45-day public comment period, with a public meeting to be held to gather additional input.
Submission to the Office of Management and Budget for Review and Approval; Abandoned Mine Land Problem Area Description Form
In accordance with the Paperwork Reduction Act of 1995, we, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are proposing to renew an information collection.
Montana Regulatory Program/Reclamation Plan
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving, in part, an amendment to the Montana regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). During the 2019 legislative session, Montana updated its Montana Strip and Underground Mine Reclamation Act codified in the Montana Code Annotated. Accordingly, Montana submitted this amendment to OSMRE on its own initiative. The amendment requires a permit applicant's compliance information to be updated and approved if a bankruptcy or reorganization results in a change of ownership for the applicant. Furthermore, the amendment requires permit owners to provide financial assurance for employee pensions. Lastly, the amendment makes a typographical correction.
Agency Information Collection Activities; Contractor Eligibility and the Abandoned Mine Land Contractor Information Form
In accordance with the Paperwork Reduction Act of 1995, we, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are proposing to renew an information collection.
Submission to the Office of Management and Budget for Review and Approval; General Requirements for Surface Coal Mining and Reclamation Operations on Federal Lands
In accordance with the Paperwork Reduction Act of 1995, we, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are proposing to renew an information collection.
Submission to the Office of Management and Budget for Review and Approval; Permanent Regulatory Program Requirements-Standards for Certification of Blasters
In accordance with the Paperwork Reduction Act of 1995, we, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are proposing to renew an information collection.
Ohio Abandoned Mine Land Reclamation Plan
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving an amendment to the Ohio Abandoned Mine Land (AML) Reclamation Plan (Ohio Plan or Plan) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Ohio proposed to amend its existing plan to reflect statutory, regulatory, policy, procedural, and organizational changes made since it was originally approved in 1982. Ohio also submitted relevant statutory provisions amended by the State legislature in 2016, as well as draft statutory revisions regarding what land and water resources are eligible for Federal grant funds and other proposed amendments for consistency with SMCRA, for OSMRE's review and consideration.
Notice of Availability of the Draft Environmental Impact Statement for Navajo Transitional Energy Company's Federal Mining Plan Modification for Federal Lease MTM 94378; Spring Creek Mining Plan Modification EIS
The Office of Surface Mining Reclamation and Enforcement (OSMRE) is publishing this notice to announce that it has prepared a Draft Environmental Impact Statement (DEIS) for Navajo Transitional Energy Company's (NTEC) Lease by Application (LBA) 1 Federal Mining Plan Modification for Federal Lease MTM-94378 (the Project). With this notice, OSMRE also announces that it will hold a public meeting and 45- day public comment period to receive comments on the DEIS. Spring Creek Mine (SCM) is located in Big Horn County, Montana, approximately 32 miles from Sheridan, Wyoming. SCM started operation in 1974. The proposed Project would allow 162.5 acres of additional surface disturbance and recovery of an additional 39.9 million tons (Mt) of Federal coal.
Submission to the Office of Management and Budget for Review and Approval; Maintenance of State Programs and Procedures for Substituting Federal Enforcement of State Programs and Withdrawing Approval of State Programs
In accordance with the Paperwork Reduction Act of 1995, we, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are proposing to renew an information collection.
Submission to the Office of Management and Budget for Review and Approval; Contractor Eligibility and the Abandoned Mine Land Contractor Information Form
In accordance with the Paperwork Reduction Act of 1995, we, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are proposing to renew an information collection.
Submission to the Office of Management and Budget for Review and Approval; Surface and Underground Mining Permit Applications-Minimum Requirements for Information on Environmental Resources
In accordance with the Paperwork Reduction Act of 1995, we, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are proposing to renew an information collection.
West Virginia Regulatory Program; Correction
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), published a document in the Federal Register on March 18, 2024, approving in part, and not approving in part, 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).
Pennsylvania Regulatory Program
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are removing our disapproval of two provisions of the Pennsylvania regulatory program (the Pennsylvania program) that we have previously addressed, but which remained codified in the Code of Federal Regulations (CFR). The disapprovals are no longer necessary because Pennsylvania subsequently submitted and obtained OSMRE approval of revised regulations.
Pennsylvania Abandoned Mine Land Reclamation Program
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving an amendment to the Pennsylvania Abandoned Mine Land Reclamation Plan (Pennsylvania Plan or Plan) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Pennsylvania proposed to modify its Plan by adding Reclamation Plan Amendment No. 3 to allow the Pennsylvania Department of Environmental Protection (PADEP) to administer a State Emergency Abandoned Mine Land Reclamation Program (Program). The amendment to the Pennsylvania Plan covers coordination of emergency reclamation work between Pennsylvania and OSMRE as well as procedures for implementing the National Environmental Policy Act and other Pennsylvania procedures.
Kentucky Regulatory Program
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving an amendment, with one exception, to the Kentucky regulatory program (Kentucky program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). We are approving changes to statutory provisions that involve civil penalty fund distributions, self-bonding, and major permit revisions related to underground mining. We are not approving a provision that involves civil penalty escrow accounts.
Utah Regulatory Program
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are not approving the State of Utah's proposed amendment to the Utah regulatory program ("the Utah program") under the Surface Mining Control and Reclamation Act of 1977 ("SMCRA" or "the Act"). In May of 2011, an environmental advocacy group notified OSMRE that the Utah legislature modified its Judicial Code of the Utah Code Annotated by adding a new section that requires plaintiffs who seek an administrative stay or preliminary injunction in an environmental action to first post a surety bond or cash equivalent. After determining that the legislative change would affect the implementation of the Utah program, OSMRE notified the Utah Division of Oil, Gas and Mining ("DOGM" or "the Division") that the changes to the State law must be submitted as a proposed Utah program amendment. DOGM subsequently submitted this amendment proposing to incorporate legislative changes made to the Utah program.
Agency Information Collection Activities; Surface Mining Permit Applications-Minimum Requirements for Reclamation and Operation Plan
In accordance with the Paperwork Reduction Act of 1995, we, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are proposing to renew an information collection.
Agency Information Collection Activities; Areas Designated by Act of Congress
In accordance with the Paperwork Reduction Act of 1995, we, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are proposing to renew an information collection.
Pennsylvania Regulatory Program
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving an amendment to the Pennsylvania regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The amendment authorizes and implements a land reclamation financial guarantee program as a new alternative bonding option for operators that meet certain requirements. The amendment also authorizes and implements a bioenergy crop bonding program to provide financial guarantees to remining operators that grow bioenergy crops as a postmining land use. Finally, the amendment standardizes certain terms and corrects citations in statutory and regulatory provisions affected by the addition of a new section to the Pennsylvania regulatory program or changed for other reasons.
West Virginia Regulatory Program
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving an amendment to the West Virginia regulatory program (the West Virginia program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). This amendment revises West Virginia's regulatory program provisions related to entities authorized to issue surety bonds and the repair and compensation of damage resulting from subsidence.
Kentucky Regulatory Program
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are 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). We are approving Kentucky's revision to its regulations regarding the qualifications of members of the Kentucky Reclamation Guaranty Fund Commission.
Pennsylvania Regulatory Program
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving a request from Pennsylvania for the removal of a required amendment to the Pennsylvania regulatory program (hereinafter, the Pennsylvania program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The required amendment directed Pennsylvania to submit regulations requiring that siltation structures (e.g., sedimentation ponds) not be removed any sooner than two years after the last augmented seeding.
Agency Information Collection Activities; Permanent Program Performance Standards-Surface and Underground Mining Activities
In accordance with the Paperwork Reduction Act of 1995, we, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are proposing to renew an information collection.
Montana Regulatory Program; Reopening Comment Period
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are reopening the public comment period in response to feedback received in response to a concern letter for a proposed amendment to the Montana regulatory program (hereinafter, the Montana program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Montana proposed this amendment to OSMRE, on its own initiative, following its passing of Montana House Bill 576 (2023), which amends the Montana Code Annotated (Mont. Code Ann.). Montana proposes changes to the definition of material damage and changes to permit requirements related to hydrologic information. HB 576 also adds four contingencies to the proposed amendments of the Mont. Code Ann.: a severability clause, a contingent voidness clause, an effective date clause, and a retroactive applicability clause. This document gives the times and locations that the Montana program and this revised proposed amendment to that program are available for your inspection and the comment period during which you may submit written comments on the revised amendment.
Wyoming Regulatory Program
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the Wyoming coal regulatory program (Wyoming program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). On September 13, 2022, the Wyoming Environmental Quality Council approved a number of revisions to the Wyoming Land Quality Division Coal Rules and Regulations which comprise the Wyoming program. This document gives the times and locations that the Wyoming 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.
Wyoming Regulatory Program
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed regulatory amendment to the Wyoming coal program (Wyoming program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). On February 19, 2019, the Wyoming Environmental Quality Council (EQC) approved several revisions to the rules governing Financial Assurances and Self-Bonding under the Wyoming program. This document gives the times and locations that the Wyoming 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.
Agency Information Collection Activities; Certification and Noncoal Reclamation
In accordance with the Paperwork Reduction Act of 1995, we, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are proposing to renew an information collection.
Agency Information Collection Activities; Reclamation Awards
In accordance with the Paperwork Reduction Act of 1995, we, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are proposing to renew an information collection.
Agency Information Collection Activities; Requirements for Coal Exploration
In accordance with the Paperwork Reduction Act of 1995, we, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are proposing to renew an information collection.
Agency Information Collection Activities; Requirements for Permits for Special Categories of Mining
In accordance with the Paperwork Reduction Act of 1995, we, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are proposing to renew an information collection.
Agency Information Collection Activities; Underground Mining Permit Applications-Minimum Requirements for Reclamation and Operation Plan
In accordance with the Paperwork Reduction Act of 1995, we, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are proposing to renew an information collection.
Submission to the Office of Management and Budget for Review and Approval; Permanent Program Performance Standards-Surface and Underground Mining Activities
In accordance with the Paperwork Reduction Act of 1995, we, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are proposing to renew an information collection.
Ten-Day Notices and Corrective Action for State Regulatory Program Issues
The Department of the Interior is amending its regulations related to the Office of Surface Mining Reclamation and Enforcement's (OSMRE's) notifications to a State regulatory authority of a possible violation of any requirement of the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The final rule also amends the Federal regulations regarding corrective actions for State regulatory program issues. Together, the updates to these two areas of the Federal regulations amend the overall "ten-day notice" (TDN) process and OSMRE's oversight process.
Civil Monetary Penalty Inflation Adjustments
Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act), which further amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (1990 Act), and Office of Management and Budget guidance, this rule adjusts for inflation the level of civil monetary penalties assessed under the Surface Mining Control and Reclamation Act of 1977 (SMCRA) and its implementing regulations.
West Virginia Regulatory Program
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are approving 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). These amendments make changes to the West Virginia Surface Coal Mining and Reclamation Act (WVSCMRA), the Code of West Virginia (W.Va. Code), and the West Virginia Code of State Rules (CSR).
Submission to the Office of Management and Budget for Review and Approval; Areas Designated by Act of Congress
In accordance with the Paperwork Reduction Act of 1995, we, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are proposing to renew an information collection.
Submission to the Office of Management and Budget for Review and Approval; Certification and Noncoal Reclamation
In accordance with the Paperwork Reduction Act of 1995, we, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are proposing to renew an information collection.
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