Final rule · 2026-01569

Backfilling and Grading

The Office of Surface Mining Reclamation and Enforcement (OSM) is delaying the effective date of the direct final rule "Backfilling and Grading," published on November 28, 2025. The direct final rule rescinded a regulation that prescribed time and distance performance standards for the completion of rough backfilling and grading for surface mining operations, which was suspended by the Secretary of the Interior in 1992 but never removed from the Code of Federal Regulations. During the comment period, OSM received comments that require further review and consideration to determine whether they are significant adverse comments warranting a response, withdrawal, or modification of the final rule.