Final rule · 2026-06197

Backfilling and Grading

The Office of Surface Mining Reclamation and Enforcement (OSM) is confirming the effective date of the direct final rule entitled, "Backfilling and Grading," which was originally 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 The direct final rule rescinded a regulation that prescribed time and distance performance standards for the completion of rough backfilling and grading for surface mining operations that were suspended by the Secretary of the Interior in 1992 but never removed from the Code of Federal Regulations. During the comment period, OSM received two comments that required further review and consideration to determine whether the comments warranted a response or the withdrawal or modification of the final rule. After further review and consideration, OSM determined that these comments were not significant adverse comments and is confirming the effective date of this rule.